An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring utility easements for use in public projects of the Metropolitan Government and specifically with relation to Project No. 90-SC-168D, Lewis Street CSO Separation.

 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. 90-SC-168D, Lewis Street CSO separation.

WHEREAS, funding for Project No. 90-SC-168D, Lewis Street CSO separation, is included in the Capitol Improvements Budget as No. 96-SC-0017.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY.

SECTION 1. That 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. 90-SC-168D, Lewis Street CSO separation, the same being for a public purpose and the public convenience requiring it. The easements to be acquired is shown on the plans for Project No. 90-SC-168D, Lewis Street CSO separation, 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 is attached hereto and made a part hereof as if written verbatim herein.

SECTION 2. That 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 the Nashville Overflow Abatement Program. 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. That the temporary construction easements described in Section 1 hereof represents the minimum temporary construction easements that are necessary for the construction of Project No. 90-SC-168D, Lewis Street CSO separation; 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. 90-SC-168D, Lewis Street CSO separation, or any future construction or maintenance operations for the Lewis Street CSO Separation, 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. That this ordinance shall take effect form and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

 EASEMENTS TO BE ACQUIRED ON

PROJECT NO. 90-SC-168D

LEWIS STREET CSO SEPARATION

Sponsored By: Ron Nollner

LEGISLATIVE HISTORY
Introduced:	October 6, 1998
Passed First Reading:	October 6, 1998
Referred to:	Planning Commission Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Passed Second Reading:	October 20, 1998
Passed Third Reading:	November 17, 1998
Approved:	November 20, 1998
By: