ADOPTED 02/03/1998

AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY BY NEGOTIATION OR CONDEMNATION FOR THE PURPOSE OF ACQUIRING UTILITY EASEMENTS FOR USE IN PUBLIC PROJECT NOS. 93-SG-109, MIAMI AVENUE, AND 93-SG-110, PENNINGTON BEND PRESSURE SYSTEMS.

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, it is in the public interest that utility easements be acquired to permit the construction of sanitary sewers, storm sewers and/or appurtenances within the area designated for the construction of Project No. 93-SG-109, Miami Avenue, and 93-SG-110 Pennington Bend Pressure Systems.

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 easements in the land so described for the purpose of constructing, maintaining and operating sanitary sewers, storm sewers and/or appurtenances; the initial project to be constructed in the easements described hereinafter and designated as Project No. 93-SG-109, Miami Avenue, and 93-SG-110 Pennington Bend Pressure Systems, the same being for a public purpose and the public convenience requiring it. The easements to be acquired are shown on the plans for Project No. 93-SG-109, Miami Avenue, and 93-SG-110 Pennington Bend Pressure Systems, 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 list of easement numbers, property owners and map and parcel numbers are 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 to be acquired for the construction, operation and maintenance of Miami Avenue and Pennington Bend Pressure Systems. 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 temporary construction easements described in Section 1 hereof represents the minimum temporary construction easements that are necessary for the construction of Project No. 93-SG-109, Miami Avenue, and 93-SG-110 Pennington Bend Pressure Systems; and the Director of Public Property Administration, or his designee, is hereby authorized to acquire by negotiation or condemnation additional temporary construction easements as may be required for the construction of Project No. 93-SG-109, Miami Avenue, and 93-SG-110 Pennington Bend Pressure Systems, or any future construction or maintenance operations for the Miami Avenue & Pennington Bend pressure Systems, 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 4. 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