ENACTED 12/01/1998

ORDINANCE NO. O98-1437

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. 96-WG-87, CSX/Charlotte Avenue bridge approach.

 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 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 and/or appurtenances within the area designated for the construction of Project No. 96-WG-87, CSX/Charlotte Avenue Bridge Approach; and

WHEREAS, Project No. 96-WG-87, CSX/Charlotte Avenue Bridge Approach, has been funded under Capitol Improvements Budget No. 96-WG-0005.

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 water mains and/or appurtenances; the initial project to be constructed in the easements described hereinafter is designated as Project No. 96-WG-87, CSX/Charlotte Avenue Bridge Approach, 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-87, CSX/Charlotte Avenue Bridge Approach, 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. 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 for use as utility easements for the construction, operation and maintenance of water mains 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. That 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-87, CSX/Charlotte Avenue Bridge Approach, 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-87, CSX/Charlotte Avenue Bridge Approach, or any future construction or maintenance operations required for water mains 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 and/or appurtenances now and in the future, the public convenience requiring it.

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

EASEMENT TO BE ACQUIRED ON:
PROJECT NO. 96-WG-87
CSX/CHARLOTTE AVENUE BRIDGE APPROACH

Sponsored By: Willis McCallister, Don Majors

LEGISLATIVE HISTORY
Introduced:	November 5, 1998
Passed First Reading:	November 5, 1998
Referred to:	Planning Commission Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Passed Second Reading:	November 17, 1998
Passed Third Reading:	December 1, 1998
Approved:	December 3, 1998
By: