ORDINANCE NO. BL2012-240

An ordinance authorizing the acquisition of property in fee simple by negotiation, condemnation, or acceptance for the purpose of acquiring land to add to the Julia Green Elementary property for Metropolitan Nashville Public Schools (2012M-020PR-002).

WHEREAS, The Metropolitan Government of Nashville and Davidson County is given the power by Section 2.01(5) and (12), of the Metropolitan Charter to provide for the taking and appropriation of real property within the area of The Metropolitan Government of Nashville and Davidson County for any public purpose, when the public convenience requires it and in accordance with the provisions of Tennessee Code Annotated, Section 29-16-101 et seq., and also the power to purchase real property for any public purpose; and,

WHEREAS, Tennessee Code Annotated, Section 29-17-101, et seq., further authorizes condemnation of real property; and,

WHEREAS, the Metropolitan Government seeks to acquire certain real property known as Davidson County Tax Map 131-01, Parcel 6.00 and as further described in the documents incorporated herein as Exhibit A; and,

WHEREAS, it is in the public interest that the property described in Exhibit A, which is attached hereto and incorporated herein, be acquired by negotiation, condemnation proceedings, or acceptance for the purpose of additional improvements to Julia Green Elementary.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Director of Public Property Administration, or his designee, is hereby authorized to acquire by negotiation, condemnation proceedings, or acceptance in the name of The Metropolitan Government of Nashville and Davidson County, the fee simple property interests in the property listed on Exhibit A and incorporated herein for the purpose of constructing a new Metropolitan Nashville Police Precinct, and to execute such documents as may be necessary to effect the acquisition of the property by the Metropolitan Government.

Section 2. Should any court of competent jurisdiction declare any section, clause, or provision of this ordinance to be unconstitutional, such decision shall affect only such section, clause or provision so declared unconstitutional, and shall not affect any other section, clause or provision of this ordinance, it being the express intent of the Council of The Metropolitan Government of Nashville and Davidson County that the remainder of this ordinance continue in full force and effect.

Section 3. Acquisition of additional or different properties for these same purposes shall be approved by resolution.

Section 4. That this ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Carter Todd, Phil Claiborne, Sean McGuire

Amendment No. 1
To
Ordinance No. BL2012-240

Madam President:

I move to amend Ordinance No. BL2012-240 by deleting Section 1 in its entirety and substituting in lieu thereof the following new Section 1:

“Section 1. That the Director of Public Property Administration, or his designee, is hereby authorized to acquire by negotiation, condemnation proceedings, or acceptance in the name of The Metropolitan Government of Nashville and Davidson County, the fee simple property interests in the property listed on Exhibit A and incorporated herein for the purpose of adding to the Julia Green Elementary property for Metropolitan Nashville Public Schools, and to execute such documents as may be necessary to effect the acquisition of the property by the Metropolitan Government.

Sponsored by: Carter Todd, Phil Claiborne

LEGISLATIVE HISTORY
Introduced:	August 21, 2012
Passed First Reading:	August 21, 2012
Referred to:	Planning Commission - Approved Budget & Finance Committee Education Committee Planning & Zoning Committee
Amended:	September 4, 2012
Passed Second Reading:	September 4, 2012
Passed Third Reading:	September 18, 2012
Approved:	September 19, 2012
By: