Thursday, December 28, 2006

Text of ordinance regarding Post Office site

ORDINANCE NO. _____

ORDINANCE AMENDING THE USE OF PUBLIC PROPERTY AND APPROVING IMPLEMENTATION OF AGREEMENT OF PURCHASE, SALE AND TRANSFER ENTERED INTO BY AND BETWEEN THE UNITED STATES POSTAL SERVICE, THE TENNESSEE BOARD OF REGENTS/STATE OF TENNESSEE AND THE CITY OF MEMPHIS

WHEREAS, the Board of Alderman of the City of Memphis by ordinance dated May 25, 1874 approved an ordinance granting and donating to the Government of the United States a parcel of land to be used for the erection of a Customs House, Court House and Post Office in the City of Memphis;

WHEREAS, the City of Memphis entered into a certain grant of rights to the Federal Government for the purposes of using the municipal property as the site of a Customs House, Court House, Post Office and such other government buildings as erected by the United States Government; and

WHEREAS, the United States of America by and through the United States Postal Service ("USPS") and the Tennessee Board of Regents/State of Tennessee ("State") and the City of Memphis ("City") have entered into an Agreement of Purchase, Sale and Transfer (the "Agreement") on the subject property commonly referred to as One North Front Street, Memphis, Tennessee 38103 to provide that the property shall be used by the State for the University of Memphis Cecil C. Humphreys School of Law, or other educational use and uses related thereto for the public purpose; and

WHEREAS, it is in the best interest of the citizens of Memphis and this community to amend any previously imposed restrictions placed on the subject property and modify all such restrictions to allow for the uses contemplated in the aforesaid Agreement.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MEMPHIS,

SECTION 1. BE IT FURTHER ORDAINED, The Ordinance of May 25, 1875 granting and donating to the Government of the United States a parcel of land to be used for the erection of a Customs House, Court House and Post Office in the City of Memphis is hereby amended so that any previously imposed restrictions placed on the subject property commonly known as One North Front Street, Memphis, Tennessee 38103, also identified as the site of the Customs House Court House Post Office, are hereby modified, amended and supplemented to allow for the site to be used for public purposes as the relocated University of Memphis Cecil C. Humphreys School of Law, and other educational uses and similar public purpose uses related thereto, and the Mayor is hereby authorized to execute such instrument or instruments necessary, incidental to or related to the carrying of this ordinance into effect upon the passage of this ordinance.

SECTION 2. BE IT FURTHER ORDAINED, That this Ordinance shall take effect in the City of Memphis on passage by the City Council of Memphis and as required by due process of law.

SECTION 3. BE IT FURTHER ORDAINED, That should any section, subsection paragraph or provision of this Ordinance be held invalid or unenforceable by a court or competent jurisdiction, such decision shall in no way affect the validity of any other provisions of this Ordinance, it being the intention of the City Council of the City of Memphis to adopt each and every provision of this Ordinance separately.



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