ORDINANCE NO. BL2002-1194
An ordinance authorizing the acquisition of property by negotiation or condemnation for Dickerson Road Sidewalk Improvement Project from Trinity Lane to Alhambra Circle, Project No. 02-M-01 (Proposal No. 2002M-076U-05)
Whereas, under Section 2.01(8) of the Metropolitan Charter, The Metropolitan Government of Nashville and Davidson County is charged with the function and has the power to lay out, open, extend, widen, narrow, establish or change grade of, close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean and light streets, roads, alleys and walkways of the Metropolitan Government; and,
Whereas, under Section 8.402 of the Metropolitan Charter, the Department of Public Works of The Metropolitan Government of Nashville and Davidson County, Tennessee is charged with the responsibility and has the authority for the design, construction, maintenance, repair, and cleaning of roads, highways, streets, alleys, and other public places, bridges, viaducts, and other related structures; and,
Whereas, the Metropolitan Government is given the power by Section 2.01(12), (5) 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, Sections 29-16-10 et seq., and 29-17-101 et seq.; and also the power to purchase real property for any public purpose; and,
Whereas, it is in the public
interest that the Public Works’ project described in this ordinance and
shown on the plans on file in the Office of the Director of Public Works be
constructed to the extent and in manner shown thereon; and,
Whereas, the funds to defray the cost of Project No. 02-M-01 are available from Fund 48160, BU 42483102, USD Improvement Bonds of 2002;
Now, therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County, Tennessee:
Section 1. The Director of Public Property Administration, or his designee, is hereby authorized to acquire by negotiation or condemnation the property interests described and shown on the right-of-way and easement plan or plans on file in the Office of the Director of Public Works, including any amendments thereof, and designated Project No. 02-M-01, Dickerson Road Sidewalk Improvement Project, and CIB # 99UW006, and of record in the official street and alley acceptance and maintenance map, as amended, M.C.L. § 13.08.010, such projects being for a public purpose and the public convenience requiring it.
Section 2. The Director
of Public Property Administration, or his designee, is hereby authorized and
directed, if necessary, to take and appropriate by condemnation proceeding those
property interests described on the right-of-way and easement plan or plans
described in Section 1 of this ordinance, as designated for The Metropolitan
Government of Nashville and Davidson County, Tennessee.
Section 3. 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 provisions of this ordinance, it being the express intent of the Metropolitan County Council of The Metropolitan Government of Nashville and Davidson county that the remainder of this ordinance continue in full force and effect.
Section 4. That 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: Amanda McClendon
|Introduced:||September 17, 2002|
|Passed First Reading:||September 17, 2002|
Commission - Approved 6-0
Budget & Finance Committee
Public Works Committee
Planning & Zoning Committee
|Passed Second Reading:||October 1, 2002|
|Passed Third Reading:||October 15, 2002|
|Approved:||October 16, 2002|