An ordinance authorizing the acquisition of property by negotiation or condemnation (Proposal No. 2001M-058) for the purpose of acquiring sewer and related real property interests in Williamson and Davidson Counties and authorizing acceptance of real property interests in Williamson County for use in construction of public Project No. 98-SG-13 Mill Creek Trunk Sewer To Nolensville.

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 and a sewage disposal system, 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 storm sewers and sanitary sewers; 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, Tennessee Code Annotated, Sections 7-2-108 (1)(a), 7-34-104(1) and 7-35-101, et. seq. provide Metro authority for condemnations of extraterritorial land located in Williamson and other counties; and,

WHEREAS, Ordinance No. 95-116 authorized the Metropolitan County Mayor to negotiate an agreement (the "NCGUD Agreement") with the Nolensville/College Grove Utility District of Williamson County, Tennessee ("NCGUD") under which NCGUD would relinquish its sewer service authority to The Metropolitan Government of Nashville and Davidson County (Metro"); and,

WHEREAS, the provision of wastewater treatment service within Williamson County, Tennessee, by Metro necessitated a separate interlocal cooperation agreement (the "Interlocal Agreement"), which has been negotiated between Metro, Williamson County, the City of Brentwood, the Town of Nolensville and NCGUD to ensure the protection of sewer system investments made by Metro and the perpetual recognition by other sewer service providers in Williamson County, Tennessee of Metro's authority to provide sewer service in the Mill Creek drainage area formerly served by NCGUD and which has been approved by Substitute Resolution R97-797; and,

WHEREAS, it is in the public interest that real property interests be acquired to permit the construction of sanitary sewers, storm sewers and/or appurtenances within the area designated for the construction of Project No. 98-SG-13 Mill Creek Trunk Sewer To Nolensville.

WHEREAS, Project No. 98-SG-13, Mill Creek Trunk Sewer to Nolensville, has been funded under
Capital Improvements Budget as No. 01SG0008.

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 real property interests in the land in Davidson and Williamson Counties so described for the purpose of constructing, maintaining and operating sanitary sewers, storm sewers and/or appurtenances; the initial project to be constructed consistent with plans described hereinafter is designated as Project No. 98-SG-13 Mill Creek Trunk Sewer To Nolensville, the same being for a public purpose and the public convenience requiring it. The real property interests to be acquired are shown on the plans for Project No. 98-SG-13 Mill Creek Trunk Sewer To Nolensville 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 description of real property interests, property owners, and map and parcel numbers is 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; the land is acquired for the construction, operation and maintenance of Mill Creek Trunk Sewer To Nolensville. All necessary and incidental costs of the land herein authorized to be acquired shall be paid from funds authorized from the Water and Sewer Extension and Replacement Fund.

SECTION 3. That the real property interests described in Section 1 hereof represent the real property interests that are necessary for the construction of Project No. 98-SG-13 Mill Creek Trunk Sewer To Nolensville; and the Director of Public Property Administration, or his designee, is hereby authorized to acquire by negotiation or condemnation additional real property interests as may be required for the construction of Project No. 98-SG-13 Mill Creek Trunk Sewer To Nolensville, or any future construction or maintenance operations for the operations for the Mill Creek Trunk Sewer To Nolensville, 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, storm sewers and/or appurtenances now and in the future, the public convenience requiring it.

SECTION 4: That any future amendments to this ordinance shall be approved by Resolution of the Metropolitan Council.

SECTION 5. That 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:	August 7, 2001
Passed First Reading:	August 7, 2001
Referred to:	Planning Commission Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Passed Second Reading:	August 21, 2001
Passed Third Reading:	September 18, 2001
Approved:	September 20, 2001
By: