ENACTED 05/19/1998

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 land be acquired to permit the construction of a storm inlet, sanitary sewers, storm sewers and appurtenances within the area designated for the construction of Project No. 90-SC-157, Second Avenue Tunnel.

SECTION 1. The Director of Public Property Administration or his designee is hereby authorized to acquire by negotiation or condemnation the following land so described for the purpose of the Second Avenue Tunnel project to be constructed in the land described hereinafter and designated as Project No. 90-SC-157, Second Avenue Tunnel, the same being for a public purpose and the public convenience requiring it. The land to be acquired is shown on the plans for Project No. 90-SC-157, Second Avenue Tunnel 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 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 acquired for the construction, operation and maintenance of Project No. 90-SC-157, Second Avenue Tunnel. 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 land described in Section 1 hereof represents the minimum land that is necessary for the construction of Project No. 90-SC-157, Second Avenue Tunnel with specific relation to the construction of the Second Avenue Tunnel; and the Director of Public Property Administration, or his designee, is hereby authorized to acquire by negotiation or condemnation land and appurtenances as may be required for the construction of Project No. 90-SC-157, Second Avenue Tunnel with specific relation to the construction of the Second Avenue Tunnel or any future construction or maintenance operations for the Apex Storm Inlet and Appurtenances, it being declared to be a public purpose and in the public interest that the said real estate will be appropriated and used for the construction, operation and maintenance of the Second Avenue Tunnel 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: Morris Haddox & Eileen Beehan