An ordinance authorizing the acquisition of property by negotiation or condemnation for Granny White Pike Sidewalk Improvements Project for curb and gutter, grass strip, sidewalk and associated improvements from Kirkwood Avenue to Clayton Avenue Project No. 04-M-29 (Proposal No. 2004M-068U-10).

WHEREAS, 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, 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, Section 29-16-101 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. 04-M-29 are available from Fund 40160, BU 42403103, GSD Multi-Purpose Improvement Bonds of 2002.


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-M-29, Granny White Pike Sidewalk Improvements Project, and of record in the official street and alley acceptance and maintenance map, as amended, M.C.L. section 13.08.010, 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 made a part hereof as if written verbatim herein.

SECTION 2. 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 3. Acquisition of additional interests in property for Project 04-M-29, Granny White Pike Sidewalk Improvements Project, may be authorized by the adoption of a resolution of the Metropolitan Council receiving 21 affirmative votes.

SECTION 4. 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: Ginger Hausser

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Introduced: August 17, 2004
Passed First Reading: August 17, 2004
Referred to: Planning Commission - Approved 10-0
(August 12, 2004)
Budget & Finance Committee
Public Works Committee
Planning & Zoning Committee
Passed Second Reading: September 21, 2004
Passed Third Reading: October 5, 2004
Approved: October 6, 2004