ENACTED 06/02/1998

ORDINANCE NO. O98-1196

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 a utility easement be acquired to permit the construction of sanitary sewers, storm sewers and/or appurtenances within the area designated for the construction of Project No. 97-SG-87, Harding Place Sewer Relocation.

SECTION 1. The Director of Public Property Administration or his designee is hereby authorized to acquire by negotiation or condemnation the following described easement 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 easement described hereinafter and designated as Project No. 97-SG-87, Harding Place Sewer Relocation, the same being for a public purpose and the public convenience requiring it. The easement to be acquired is shown on the plans for Project No. 97-SG-87, Harding Place Sewer Relocation, 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 the easement number, property owner, and map and parcel number 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. 97-SG-87, Harding Place Sewer Relocation. 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 easement described in Section 1 hereof represents the minimum temporary construction easement that is necessary for the construction of Project No. 97-SG-87, Harding Place Sewer Relocation; 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. 97-SG-87, Harding Place Sewer Relocation or any future construction or maintenance operations for the Harding Place Sewer Relocation, 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 sanitary sewers, storm sewers and/or appurtenances now and in the future, the public convenience requiring it.

SECTION 4. This ordinance shall take effect form and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Charles Fentress