An ordinance authorizing the acquisition of property by negotiation or condemnation for the Simpkins Street Sidewalk Improvements Project, including curb and gutter, grass strip, sidewalk and associated improvements, from 1700 Simpkins Street to 1728 Simpkins Street, including 2116 and 2120 24th Avenue North. Project No. 04-R-07 (Proposal No. 2004M-106U-08)

Whereas, under Section 2.01(8) of the Metropolitan Government Charter, The Metropolitan Government of Nashville & 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 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 Sections 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, Section 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 for Project No. 04-R-07 be constructed to the extent and in manner shown thereon; and,

Whereas, the funds to defray the cost of Project No. 0-R-07 are available from Fund 40160, BU 42403103;
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. 04-R-07, Simpkins Street Sidewalk Improvements Project, and of record in the official street and alley acceptance and maintenance map, such projects being for a public purpose and the public convenience requiring it. A list of the property addresses included in this authorization, with map and parcel numbers, is attached in Exhibit “A” hereto and incorporated herein.

Section 2. Acquisition of additional interests in property for Project 04-R-07, Simpkins Street Sidewalk Improvements Project, may be authorized by the adoption of a resolution of the Metropolitan Council receiving 21 affirmative votes.

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

Sponsored by: Jamie Isabel

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Introduced: October 5, 2004
Passed First Reading: October 5, 2004
Referred to: Planning Commission - Approved 8-0
(October 14, 2004)

Budget & Finance Committee
Public Works Committee
Planning & Zoning Committee
Passed Second Reading: October 19, 2004
Passed Third Reading: November 16, 2004
Approved: November 17, 2004