An ordinance authorizing the acquisition by negotiation of property located on Page's Branch, Brunswick Drive, Project No. 00-D-04; CIB Project No. 99UW 005.

WHEREAS, the Metropolitan Government of Nashville and Davidson County, under 2.01(5) of the Metropolitan Charter, has the power to acquire real property for any public purpose; and

WHEREAS, pursuant to 8.103(k) and 8.112 of the Metropolitan Charter, the authority to acquire and dispose of real property on behalf of the Metropolitan Government is vested in the Department of Finance, Division of Public Property Administration; and

WHEREAS, it is in the public interest that the Metropolitan Government acquire the properties identified in Exhibit I hereto; and

WHEREAS, the funds to defray the cost of Project No. 00-D-04; Capital Project 99UW005, are available from Fund No. 48 100 Business Unit 42491220; and

WHEREAS, the acquisition of said properties may result in some remnants of property which will need to be declared surplus and disposed of in accordance with regulations of Public Property Administration;

Now, therefore, be in enacted by the council of The Metropolitan Government of Nashville and Davidson County, Tennessee that:

Section 1: The Director of Public Property Administration is hereby authorized to acquire by negotiation the properties described on Exhibit 1, such acquisition being for a public purpose and the public convenience requiring it; provided, however, that acquisition of these properties by the use of eminent domain is not authorized, and provided further that payment of relocation expenses, or any other amount in excess of the fair market value of the property as determined by the Division of Public Property Administration, is not authorized. .

Section 2: The Director Public Property Administration is hereby authorized and directed to dispose of the remnant properties, including improvements, in accordance with the approved and accepted procedures of the Public Property Administration. These properties must be declared surplus by the Public Works Director prior to disposal.

Section 3: Should any court of competent jurisdiction declare any section, clause, or provision of this Ordinance to be unconstitutional, such decision shall effect 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: This Ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government requiring it.

Sponsored by: Eileen Beehan


Introduced: July 18, 2000
Passed First Reading: July 18, 2000
Referred to: Planning Commission - Approved 7-0 (6/22/00)
Budget & Finance Committee
Public Works Committee
Planning & Zoning Committee
Passed Second Reading: August 1, 2000
Passed Third Reading: August 15, 2000
Approved: August 18, 2000
By: mayor1.gif (1554 bytes)