RESOLUTION NO. RS2016-159

A resolution amending Ordinance No. BL2016-127 to authorize the entry into an alternative license agreement for a fixed term with Greyhound Lines in addition to the other options authorized in that ordinance (Proposal No. 2016M-010PR-001).

WHEREAS, Ordinance No. BL2013-597 (the “Acquisition Ordinance”) authorized the acquisition by negotiation or condemnation of certain property rights on a portion of 32 parcels located between 4th Avenue South and 8th Avenue South, for use in public projects of The Metropolitan Government of Nashville and Davidson County (the Metropolitan Government); and,

WHEREAS, pursuant to the authority granted by the Acquisition Ordinance, and after unsuccessful negotiations, the Metropolitan Government filed a Petition for Condemnation (the Condemnation Action) against Greyhound Lines to acquire a portion of a parcel of real property at 709 5th Avenue South (the “Property”), as well as a slope easement and temporary construction easement for use in connection with the Division Street Extension Project (the “Project”); and,

WHEREAS, the Metropolitan Government owns a tract of land located on Davidson County Tax Map 93-14, Parcel 455, also known as 518 Ash Street (the “Remnant Tract”), part of a larger parcel of property also acquired in connection with the Project; and,

WHEREAS, the Remnant Tract is not needed for the Project, or any other public purpose, and therefore it has been determined by the Metropolitan Government to be a remnant and surplus property; and,

WHEREAS, in BL2016-127, Council previously authorized the disposition of the Remnant Tract, whether through its conveyance to Greyhound Lines in connection with resolution of the Condemnation Action or otherwise, and licensing its interim private use prior to that conveyance; and,

WHEREAS, in addition to the actions authorized in BL2016-127, it would facilitate the resolution of the Condemnation Action to also have the authority to enter into an alternative license agreement for the use of the Remnant Tract for a fixed term with Greyhound Lines in the substantial form of that attached hereto as Exhibit A; and,

WHEREAS, BL2016-127 authorized any amendments to it to be approved by resolution of the Metropolitan Council; and,

WHEREAS, authorizing entry into the alternative license agreement in the form of Exhibit A would be in the best interest of the Metropolitan Government.

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

Section 1. The Director of Public Property Administration is hereby authorized to permit the private use of the Remnant Tract by Greyhound Lines for a fixed term by executing a license agreement in substantially the form of the document attached as Exhibit A.

Section 2. Any amendment to this ordinance may be approved by resolution of the Metropolitan Council.

Section 3. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Freddie O'Connell, Bill Pridemore

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
Referred to:	Planning Commission - Approved Public Works Committee Planning & Zoning Committee
Introduced:	March 15, 2016
Adopted:	March 15, 2016
Approved:	March 16, 2016
By: