ENACTED 08/03/1998

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 water mains, reservoirs and appurtenances, and Chapters 4 and 5 of Article 8 of the Charter of the Metropolitan Government designate the departments of the Metropolitan Government whose functions, duty and authority relate to water works and the operation thereof; 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 be acquired to permit the construction of water mains, reservoirs and/or appurtenances within the area designated for the construction of Project No. 96-WG-83B, Ocala Drive Reservoir.

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 water mains, reservoirs and/or appurtenances; the initial project to be constructed in the easements described hereinafter is designated as Project No. 96-WG-83B, Ocala Drive Reservoir, 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. 96-WG-83B, Ocala Drive Reservoir, 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 property for the construction, operation and maintenance of water mains, reservoirs and/or appurtenances. All necessary and incidental costs of the 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 represent the minimum temporary construction easements that are necessary for the construction of Project No. 96-WG-83B, Ocala Drive Reservoir, 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. 96-WG-83B, Ocala Drive Reservoir, or any future construction or maintenance operations required for water mains, reservoirs and/or appurtenances, 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 water mains, reservoirs 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: Leroy Hollis