ENACTED 06/09/1998

ORDINANCE NO. O98-1217

AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY BY NEGOTIATION OR CONDEMNATION FOR THE PURPOSE OF ACQUIRING PROPERTY FOR USE IN A PUBLIC PROJECT FOR THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, SPECIFICALLY IN RELATION TO CONSTRUCTION OF EXPANDED SATELLITE AUTOMOBILE PARKING LOT PHASE 3 (MNAA PROJECT NUMBER 01-9232 (A408)) AT NASHVILLE INTERNATIONAL AIRPORT.

WHEREAS, Section 2.01(5) of the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee grants to such government the power to:

". . . purchase . . . or otherwise acquire . . . property for any purpose . . ."; and

WHEREAS, under Section 2.01(9) of the Charter, The Metropolitan Government of Nashville and Davidson County, Tennessee, is charged with the function and has the power to provide for the creation, maintenance and operation of public airports; and

WHEREAS, The Metropolitan Government of Nashville and Davidson County, Tennessee, has fulfilled that function by creating the Metropolitan Nashville Airport Authority under Tennessee Code Annotated Title 42, Chapter 4; and

WHEREAS, the Metropolitan Government 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 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 42-4-108 provides that, "Any . . . creating municipality may acquire any interest in land within the boundaries of the creating . . . municipality by gift, purchase, lease or condemnation, and may transfer such interest to an authority by sale, lease or gift"; and

WHEREAS, it is in the public interest that certain additional land, as described in this Ordinance, adjacent to the Nashville International Airport be acquired for the purposes of expanding public satellite parking at the airport, preventing the erection of obstructions to navigable airspace, and otherwise; and

WHEREAS, it is in the public interest that MNAA Project Number 01-9232 (A408) described in this Ordinance and shown on the plans on file in the offices of the Metropolitan Nashville Airport Authority be constructed to the extent and in manner shown thereon; and

WHEREAS, the funds to defray all costs of MNAA Project Number 01-9232 (A408) are available from the Metropolitan Nashville Airport Authority; and

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

SECTION 1. The Metropolitan Nashville Airport Authority intends to acquire, by negotiation, fee simple title to the following parcels of land in Davidson County, Parcel 168 on Davidson County Property Tax Map Number 108; which map is incorporated herein as if copied in full. The above tract of property is to be used for the purpose of expanding the Satellite Automobile Parking Lot Phase 3 at Nashville International Airport, the Council hereby finding that such expansion is for a public purpose and that the public convenience requires it.

SECTION 2. Should condemnation of any of the above parcel of land be necessary, then the appropriate officials are hereby authorized to file and prosecute all actions necessary to secure the above described parcel of property in the name of The Metropolitan Government of Nashville and Davidson County, Tennessee, for and on behalf of the Metropolitan Nashville Airport Authority.

SECTION 3. The Metropolitan Nashville Airport Authority shall be responsible for securing all appraisals, negotiating purchases, providing relocation services, and doing all other acts necessary or required to negotiate the purchase of the parcel of land set out in Section 1. In addition, the Metropolitan Nashville Airport Authority shall pay all costs of acquiring the above property including appraisal costs, relocation costs, title search, transfer costs, and legal fees. The Metropolitan Nashville Airport Authority will be responsible for compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the Airport Improvement Program; and all other laws and regulations related to acquisition of airport property.

SECTION 4. After title is transferred in any condemnation action, the Metropolitan County Mayor is hereby authorized and directed to execute any deeds or other documents necessary to transfer the property to the Metropolitan Nashville Airport Authority, but only after payment of all costs incurred by the Metropolitan Government in the acquisition and transfer have been reimbursed to The Metropolitan Government by the Metropolitan Nashville Airport Authority.

SECTION 5. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County, Tennessee, requiring it.

Sponsored By: Eileen Beehan