ADOPTED 2/03/1998

AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY BY NEGOTIATION OR CONDEMNATION FOR THE PURPOSE OF ACQUIRING SEWER AND RELATED REAL PROPERTY INTERESTS IN WILLIAMSON AND DAVIDSON COUNTIES AND AUTHORIZING ACCEPTANCE OF REAL PROPERTY INTERESTS IN WILLIAMSON COUNTY FOR USE IN CONSTRUCTION OF PUBLIC PROJECT NOS. 97-SG-84 & 97-SG-84A OWL CREEK TRUNK SEWER.

WHEREAS, Section 2.01 of the Charter of The Metropolitan Government of Nashville and Davidson County grants to such government the power to provide for the creation, maintenance, building, purchase and operation of sewers and a sewage disposal system, and Chapters 4 and 5 of Article 8 of the Charter of the Metropolitan Government designate the departments of the Metropolitan government whose function, duty and authority relates to storm sewers and sanitary sewers; and

WHEREAS, The Metropolitan Government of Nashville and Davidson County is granted the power by Section 2.01 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 also to purchase real estate for any public purpose; and

WHEREAS, Tennessee Code Annotated, Sections 7-2-108(1)(a), 7-34-104(1) and 7-35-101, et. seq. provide Metro authority for condemnations of extraterritorial land located in Williamson and other counties; and

WHEREAS, Ordinance No. 95-116 authorized the Metropolitan County Mayor to negotiate an agreement (the "NCGUD Agreement") with the Nolensville/College Grove Utility District of Williamson County, Tennessee ("NCGUD") under which NCGUD would relinquish its sewer service authority to The Metropolitan Government of Nashville and Davidson County ("Metro"); and

WHEREAS, the provision of wastewater treatment service within Williamson County, Tennessee, by Metro necessitated a separate interlocal cooperation agreement (the "Interlocal Agreement"), which has been negotiated between Metro, Williamson County, the City of Brentwood, the Town of Nolensville and NCGUD to ensure the protection of sewer system investments made by Metro and the perpetual recognition by other sewer service providers in Williamson County, Tennessee of Metro's authority to provide sewer service in the Mill Creek drainage area formerly served by NCGUD and which has been approved by Substitute Resolution R97-797; and

WHEREAS, the Metropolitan Department of Law intends to associate with and assist Legal Counsel in Williamson County in securing the necessary real property interests in Williamson County necessary to provide sewer service in the Mill Creek Drainage area; and

WHEREAS, Williamson County has indicated their willingness to acquire the real property interests in Williamson County and convey said interests to Metro; and

WHEREAS, it is in the public interest that real property interests be acquired to permit the construction of sanitary sewers, storm sewers and/or appurtenances within the area designated for the construction of Project Nos. 97-SG-84 & 97-SG-84A, Owl Creek Trunk Sewer.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1: The Director of Public Property Administration or his designee is hereby authorized to acquire by negotiation or condemnation the following described real property interests in the land in Davidson and Williamson Counties so described for the purpose of constructing, maintaining and operating sanitary sewers, storm sewers and/or appurtenances; the initial project to be constructed consistent with plans described hereinafter and designated as Project Nos. 97-SG-84 & 97-SG-84A, Owl Creek Trunk Sewer, the same being for a public purpose and the public convenience requiring it. The real property interests to be acquired are shown on the plans for Project Nos. 97-SG-84 & 97-SG-84A, Owl Creek Trunk Sewer on record in the Office of the Director of the Department of Water and Sewerage Services, and said plans are made a part hereof as though copied herein. A description of real property interests, property owners and map and parcel numbers is attached hereto and made a part hereof as if written verbatim herein.

SECTION 2: The Director of Public Property Administration or his designee is hereby authorized and directed, if necessary, to take and appropriate by condemnation proceedings the real estate described in Section 1 hereof in the name of The Metropolitan Government of Nashville and Davidson County; the land is acquired for the construction, operation and maintenance of Owl Creek Trunk Sewer. All necessary and incidental costs of the land herein authorized to be acquired shall be paid from funds authorized from the Water and Sewer Extension and Replacement Fund.

SECTION 3: The Director of Law is authorized to associate with legal counsel in Williamson County to assist with condemnations, if necessary, to secure the real property interests necessary to build the Owl Creek Trunk Sewer Project. The Department of Law is authorized to coordinate with Williamson County the real property acquisitions in Williamson County and to work with their legal counsel to have conveyed said real property interests acquired for this project to The Metropolitan Government of Nashville and Davidson County.

SECTION 4: The real property interests described in Section 1 hereof represent the real property interests that are necessary for the construction of Project Nos. 97-SG-84 & 97-SG-84A, Owl Creek Trunk Sewer; and the Director of Public Property Administration, or his designee, is hereby authorized to acquire by negotiation or condemnation additional real property interests as may be required for the construction of Project Nos. 97-SG-84 & 97-SG-84A, Owl Creek Trunk Sewer, or any future construction or maintenance operations for the Owl Creek Trunk Sewer, it being declared to be a public purpose and in the public interest that the said real estate be appropriated and used for the construction, operation and maintenance of sanitary sewers. storm sewers and/or appurtenances now and in the future, the public convenience requiring it.

SECTION 5: 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: Eileen Beehan