ENACTED 12/15/1998

ORDINANCE NO. O98-1455

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring additional utility easements for use in public projects of the Metropolitan Government and specifically with relation to Project No. 96-WG-83B, Ocala Drive Reservoir.

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 function, duty and authority relates 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 to purchase real estate for any public purpose; and

WHEREAS, it is in the public interest that additional 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.

WHEREAS, Project No. 96-WG-83B, Ocala Drive Reservoir, has been funded under Capitol Improvements Budget No. 98-WG-0009.

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 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 additional 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 additional easement numbers, property owners, and map and parcel numbers 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 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 additional easements herein authorized to be acquired shall be paid from funds authorized from the Water and Sewer Extension and Replacement Fund.

SECTION 3. The additional temporary construction easements described in Section 1 hereof represents 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 will 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.

Additional easements to be acquired  on Project No. 96-WG-83b - Ocala Drive Reservoir

Sponsored By: George Armistead

LEGISLATIVE HISTORY
Introduced:	November 17, 1998
Passed First Reading:	November 17, 1998
Referred to:	Planning Commission  Approved 7-0  (9/3/98) Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Passed Second Reading:	December 1, 1998
Passed Third Reading:	December 15, 1998
Approved:	December 17, 1998
By: