ORDINANCE BL2017-871

An ordinance authorizing the acquisition of certain right-of-way easements, drainage easements, temporary construction easements, and property rights by negotiation, donations or condemnation for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project Number 2017-R-010, Central Pike Improvements (Proposal No. 2017M-038ES-001) and upon acquisition, the conveyances of said easements to the State of Tennessee.

WHEREAS, it is in the public interest that right-of-way easements, drainage easements, temporary construction easements, donations and property rights be acquired by the Metropolitan Government, for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project No. 2017-R-010, Proposal No. 2017M-038ES-001, Central Pike Improvements from Tulip Grove Road to East of Valley Grove Road; and,

WHEREAS, the right-of-way easements, temporary construction easements and property rights are located on the properties described in Exhibit 1, attached hereto; and,

WHEREAS, the easements and property rights are further described in the Metropolitan Public Works Department’s plans on file for Project No. 2017-R-010, Proposal No. 2017M-038ES-001, Central Pike Improvements from Tulip Grove Road to East of Valley Grove Road; and,

WHEREAS, upon acquisition, Metro will convey to the State of Tennessee, Tennessee Department of Transportation (“TDOT”), said right-of-way, drainage easements, temporary construction easements, donations and property rights acquired for Project No. 2017-R-010.

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 or condemnation, the following described easements for use in public projects of the Metropolitan Government, initially for purposes of Public Works Department Project No. 2017-R-010, Proposal No. 2017M-038ES-001, Central Pike Improvements form Tulip Grove Road to East of Valley Grove Road, the same being for a public purpose and public convenience requiring it.

Section 2. The easements and property rights to be acquired are described in the Metropolitan Public Works Department’s plans on file for Project No. 2017-R-010, Proposal No. 2017M-038ES-001, Central Pike Improvements from Tulip Grove Road to East of Valley Grove Road, and located on the property described in Exhibit 1 attached hereto, which plans and Exhibit are incorporated herein.

Section 3. That the Director of Public Property Administration or his designee, upon acquisition of said easements and property rights, is authorized to convey such interest as the Metropolitan Government may have in said easements and property rights, acquired for Project No. 2017-R-010, to the State of Tennessee.

Section 4. The Director of Public Property Administration or his designee, when it is deemed necessary to acquire right-of-way tracts on a state route by eminent domain, is hereby authorized to request that the State Attorney General Office initiate condemnation proceedings.

Section 5. 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 Fund No. 40016 and Business Unit No. 42404016.

Section 6. Future amendments to this ordinance shall be approved by resolution of the Metropolitan Council.

Section 7. This ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Steve Glover, Tanaka Vercher, Jeremy Elrod, Burkley Allen

If you would like a copy of the attachment to any ordinance or resolution, please email your request to the Metro Clerk's Office at metro.clerk@nashville.gov

LEGISLATIVE HISTORY
Introduced:	September 5, 2017
Passed First Reading:	September 5, 2017
Referred to:	Planning Commission - Approved Budget & Finance Committee Planning, Zoning & Historical Committee Public Works Committee
Deferred to October 17, 2017:	September 19, 2017
Passed Second Reading:	October 17, 2017
Passed Third Reading:	November 7, 2017
Approved:	November 8, 2017
By:

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