An ordinance authorizing the acquisition of property by negotiation or condemnation (Proposal No. 2001M-006U-12) for the purpose of acquiring a fee-simple take of 1.60 acres, more or less, from Map 172, Parcels 79 and 179, and Map 161, Parcel 93, for use in public projects of the Metropolitan Government and specifically with relation to Project No. 99-WG-240, Swiss Avenue Water Storage 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, reservoir 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 utility easements be acquired and a fee-simple take of 1.60 acres, more or less, to permit the construction of water mains, reservoir and/or appurtenances within the area designated for the construction of Project No. 99-WG-240, Swiss Avenue Water Storage Reservoir; and

WHEREAS, Project No. 99-WG-240, Swiss Avenue Water Storage Reservoir, has been funded under Capital Improvements Budget No. 99WC0004.

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 fee-simple take of 1.60 acres, more or less, in the land so described for the purpose of constructing, maintaining and operating water mains, reservoir and/or appurtenances; the initial project to be constructed hereinafter is designated as Project No. 99-WG-240, Swiss Avenue Water Storage Reservoir, the same being for a public purpose and the public convenience requiring it. The fee-simple take of 1.60 acres, more or less, is shown on the plans for Project No. 99-WG-240, Swiss Avenue Water Storage 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.

SECTION 2. The Director of Public Property Administration or his designee is hereby authorized and directed, if necessary, to take and appropriate by fee-simple take, the real estate described in Section 1 hereof in the name of The Metropolitan Government of Nashville and Davidson County for use as property for the construction, operation and maintenance of water mains, reservoir and/or appurtenances. All necessary and incidental costs of the land to be acquired shall be paid from funds authorized from the Water and Sewer Extension and Replacement Fund.

SECTION 3. Any temporary construction easements and a fee-simple take of 1.60 acres, more or less, described in Section 1 hereof represents the minimum temporary construction easements and fee-simple take of land that are necessary for the construction of Project No. 99-WG-240, Swiss Avenue Water Storage Reservoir, and the Director of Public Property Administration, or his designee, is hereby authorized to acquire by negotiation or condemnation additional temporary construction easements and a fee-simple take of 1.60 acres, more or less, as may be required for the construction of Project No. 99-WG-240, Swiss Avenue Water Storage Reservoir, or any future construction or maintenance operations required for water mains, reservoir 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, reservoir 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: Don Knoch

LEGISLATIVE HISTORY
Introduced:	March 6, 2001
Passed First Reading:	March 6, 2001
Referred to:	Planning Commission - Approved 9-0 (1/18/01) Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Passed Second Reading:	March 20, 2001
Passed Third Reading:	April 3, 2001
Approved:	April 4, 2001
By: