An ordinance authorizing the acquisition of property by negotiation or condemnation (Proposal No. 2001M-039G-14) for the purpose of acquiring utility easements and a fee-simple take of 0.075 acres, more or less, for use in public projects of the Metropolitan Government and specifically with relation to Project No. 01-SG-56, The Peninsula, Phase I, Pump Station and Sewer Line

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, sewer pump station, sewer disposal system 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 sanitary sewers and storm sewers and pump stations 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 0.075 acres, more or less, to permit the construction of sewers, sewer pump station, sewer disposal system and/or appurtenances within the area designated for the construction of Project No. 01-SG-56, The Peninsula, Phase I, Pump Station; and

WHEREAS, Project No. 01-SG-56, The Peninsula, Phase I, Pump Station and Sewer Line, has been funded under Capital Improvements Budget No. 96SG0002.

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 0.075 acres, more or less, in the land so described for the purpose of constructing, maintaining and operating sewers, sewer pump station, sewer disposal system and/or appurtenances; the initial project to be constructed in the easements described hereinafter is designated as Project No. 01-SG-56, The Peninsula, Phase I, Pump Station and Sewer Line, the same being for a public purpose and the public convenience requiring it. The easements to be acquired and a fee-simple take of 0.075 acres, more or less, are shown on the plans for Project No. 01-SG-56, The Peninsula, Phase I, Pump Station and Sewer Line, 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, addresses, 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, easements and a 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 sanitary sewers, sewer pump station, sewer disposal system 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 fee-simple take of 0.075 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. 01-SG-56, The Peninsula, Phase I, Pump Station and Sewer Line, and the Director of Public Property Administration, or his designee, is hereby authorized to acquire by negotiation or condemnation additional temporary construction easements and fee-simple take of 0.075 acres, more or less, as may be required for the construction of Project No. 01-SG-56, The Peninsula, Phase I, Pump Station and Sewer Line, or any future construction or maintenance operations required for sanitary sewers, sewer pump station, sewer disposal system 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 sanitary sewers, sewer pump station, sewer disposal system and 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: Phil Ponder & Don Knoch

LEGISLATIVE HISTORY
Introduced:	June 19, 2001
Passed First Reading:	June 19, 2001
Referred to:	Planning Commission - Approved 6-0 Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Passed Second Reading:	July 17, 2001
Passed Third Reading:	August 7, 2001
Approved:	August 9, 2001
By: