ORDINANCE NO. BL2014-994

An ordinance authorizing Amendment Number One (1) to the Division Street Extension Phase 1 Right-of-Way Acquisition, for additional acquisition of certain right-of-way, slope and temporary construction easements and property rights between 4th Avenue South and 8th Avenue South, and including Fogg Street and 7th Avenue South, for the closure of the CSXT crossing for use by the Metropolitan Government (Proposal No. 2013M-041PR-002).

WHEREAS, Ordinance No. BL2013-597 authorized the acquisition of certain property rights on a portion of 32 parcels located between 4th Avenue South and 8th Avenue South, by negotiation or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department, Project No. 2013-R-12A, Division Street Phase 1 Right-of-Way Acquisition, Proposal No. 2013M-041-001; and,

WHEREAS, it is in the public interest that Amendment No. One (1) of the Division Street Extension Phase 1 Right-of-Way Acquisition for right-of-way, slope, and temporary construction easements and property rights on a portion of 29 parcels located along the Division Street Corridor between 4th Avenue South and 8th Avenue South, and including Fogg Street and 7th Avenue South, for the closure of the CSXT crossing, be acquired by the Metropolitan Government for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2013-R-12A, Division Street Extension Phase 1 Right-of-Way Acquisition (Proposal No. 2013M-041PR-002); and,

WHEREAS, an amendment to the Division Street Extension Phase 1 Right-of-Way Acquisition Plan, consisting of certain changes to the acquisition table, which includes but is not limited to the addition of 8 parcels on and around 4th Avenue South, 8th Avenue South and including Fogg Street and 7th Avenue South for the closure of the CSXT crossing are described in Exhibit 1 hereto; and,

WHEREAS, the right-of-way, slope, and temporary construction easements are further described in the Metropolitan Public Works Department’s plans on file to Amendment No. One (1) for Public Works Department Project Number 2013-R-12A, Division Street Extension Phase 1 Right-of-Way Acquisition (Proposal No. 2013M-041PR-002).

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

Section 1. The Metropolitan Government of Nashville and Davidson County, by and through the Director of Public Property Administration, is hereby authorized to acquire by negotiation or condemnation the following described easements for use in public projects of the Metropolitan Government, initially for purposes related to Public Works Department Project Number 2013-R-12A, Division Street Extension Phase 1 Right-of-Way Acquisition (Proposal No. 2013M-041PR-002), the same being for a public purpose and the public convenience requiring it.

Section 2. The easements to be acquired are described in the Metropolitan Public Works Department’s plans on file for Amendment No. One (1) Public Works Department Project Number 2013-R-12A, Division Street Extension Phase 1 Right-of-Way Acquisition (Proposal No. 2013M-041PR-002) and located on the property described in Exhibit 1 hereto, which plans and Exhibit are incorporated herein.

Section 3. The Director of Public Property Administration is hereby authorized and directed, if necessary, to take and appropriate by condemnation proceedings the interests in real property described herein in the name of The Metropolitan Government of Nashville and Davidson County for use in public projects of the Metropolitan Government.

Section 4. All necessary and incidental costs of the right of way easements and property rights herein authorized to be acquired shall be paid from funds authorized from Metro Capital Spending Plan under Fund 40014 BU 42406014.

Section 5: That future amendments in connection with the Division Street Extension Project No. 2013–R-12A may be approved by resolution of the Metropolitan Council.

Section 6. This ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County, Tennessee, requiring it.

Sponsored by: Erica Gilmore, Bill Pridemore, Anthony Davis

View Exhibit

LEGISLATIVE HISTORY
Introduced:	December 16, 2014
Passed First Reading:	December 16, 2014
Referred to:	Planning Commission - Approved Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Passed Second Reading:	January 6, 2015
Passed Third Reading:	January 20, 2015
Approved:	January 27, 2015
By:

Requests for ADA accommodation should be directed tothe Metropolitan Clerk at 615/862-6770.