An ordinance authorizing the acquisition of property by negotiation or condemnation (Proposal No. 2000M-133U-12) for the purpose of acquiring utility easements, lease or fee-simple take of 1.63 acres, more or less, in Option One or 5.15 acres, more or less, in Option Two for use in public projects of the Metropolitan Government and specifically with relation to Project No. 97-WG-66E, Kinhawk Drive Water 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 lease or a fee-simple take of 1.63 acres, more or less, in Option One or 5.15 acres, more or less, in Option Two to permit the construction of water mains, reservoir and/or appurtenances within the area designated for the construction of Project No. 97-WG-66E, Kinhawk Drive Water Reservoir; and

WHEREAS, Project No. 97-WG-66E, Kinhawk Drive Water Reservoir, has been funded under Capital Improvements Budget No. 98WG0011.

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 and lease or a fee-simple take of 1.63 acres, more or less, in Option One or 5.15 acres, more or less, in Option Two 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 in the easements described hereinafter is designated as Project No. 97-WG-66E, Kinhawk Drive Water Reservoir, the same being for a public purpose and the public convenience requiring it. The easements to be acquired and lease or fee-simple take of 1.63 acres, more or less, in Option One or 5.15 acres, more or less, in Option Two are shown on the plans for Project No. 97-WG-66E, Kinhawk Drive Water 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 the property addresses with 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, lease or 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 utility easements and property for the construction, operation and maintenance of water mains, reservoir 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 and lease or fee-simple take of 1.63 acres, more or less, in Option One or 5.15 acres, more or less, in Option Two described in Section 1 hereof represents the minimum temporary construction easements and lease or fee-simple take of land that are necessary for the construction of Project No. 97-WG-66E, Kinhawk Drive Water 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 lease or fee-simple take of 1.63 acres, more or less, in Option One or 5.15 acres, more or less, in Option Two as may be required for the construction of Project No. 97-WG-66E, Kinhawk Drive Water 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: Leo Waters

LEGISLATIVE HISTORY
Introduced:	May 1, 2001
Passed First Reading:	May 1, 2001
Referred to:	Planning Commission - Approved 6-0 (4/26/01) Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Passed Second Reading:	May 15, 2001
Passed Third Reading:	June 5, 2001
Approved:	June 7, 2001
By: