ENACTED 06/09/1998

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 sewerage 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 relate 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 power to purchase real estate for any public purpose; and,

WHEREAS, it is in the public interest that utility easements and Ingress-Egress be acquired to permit the construction of sanitary sewers, sewer force mains, storm sewers and/or appurtenances within the area designated for the construction of Project No. 94-SC-59B, Fairgrounds Trunk Sewer Rehabilitation.

WHEREAS, Project No. 94-SC-59B, Fairgrounds Trunk Sewer Rehabilitation, has been funded under Capitol Improvements Budget No. 96-SC-0018.

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, sewer force mains, storm sewers and/or appurtenances; the initial project to be constructed in the easements and Ingress-Egress described hereinafter is designated as Project No. 94-SC-59B, Fairgrounds Trunk Sewer Rehabilitation, the same being for a public purpose and the public convenience requiring it. The easements and Ingress-Egress to be acquired are shown on the plans for Project No. 94-SC-59B, Fairgrounds Trunk Sewer Rehabilitation, 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, for use as utility easements and Ingress-Egress acquired for the construction, operation and maintenance of Project No. 94-SC-59B, Fairgrounds Trunk Sewer Rehabilitation. All necessary and incidental costs of the utility easements 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 and Ingress-Egress that are necessary for the construction of Project No. 94-SC-59B, Fairgrounds Trunk Sewer Rehabilitation, and the Director of Public Property Administration, or his designee, is hereby authorized to acquire by negotiation or condemnation additional temporary construction easements and Ingress-Egress as may be required for the construction of Project No. 94-SC-59B, Fairgrounds Trunk Sewer Rehabilitation, or any future construction or maintenance operations for the Fairgrounds Trunk Sewer Rehabilitation, 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, sewer force mains, 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: Leo Waters & Eileen Beehan

Easements to be acquired Project No. 94-SC-59B

Fairgrounds Trunk Sewer Rehabilitation

Estimated Cost: $ 1,000.00

Water and Sewer Extension and Replacement Fund No. 2-335