An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring utility easements for use in public projects of the Metropolitan Government and specifically with relation to Project Numbers 01-SG-91, 01-WG-88, Phase V, and 01-SG-92, 01-WG-89, Phase IV, Briley Parkway widening from Elm Hill Pike to Windermere Drive, by TDOT (Proposal No. 2002M-040U-14).

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 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 to permit the construction of water mains and/or appurtenances within the area designated for the construction of Project No. 01-SG-91, 01-WG-88, Phase V, and 01-SG-92, 01-WG-89, Phase IV, Briley Parkway widening from Elm Hill Pike to Windemere Drive, by TDOT; and

WHEREAS, Project No. 01-SG-91, 01-WG-88, Phase V, and 01-SG-92, 01-WG-89, Phase IV, Briley Parkway widening from Elm Hill Pike to Windemere Drive, by TDOT, has been funded under Capital Improvements Budget No. 96SG0005 / 96WG0005.

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 and/or appurtenances; the initial project to be constructed in the easements described hereinafter is designated as Project No. 01-SG-91, 01-WG-88, Phase V, and 01-SG-92, 01-WG-89, Phase IV, Briley Parkway widening from Elm Hill Pike to Windemere Drive, by TDOT, the same being for a public purpose and the public convenience requiring it. The easements to be acquired are shown on the plans for Project No. 01-SG-91, 01-WG-88, Phase V, and 01-SG-92, 01-WG-89, Phase IV, Briley Parkway widening from Elm Hill Pike to Windemere Drive, by TDOT, 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, 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 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, described in Section 1 hereof, represents the minimum temporary construction easements that are necessary for the construction of Project No. 01-SG-91, 01-WG-88, Phase V, and 01-SG-92, 01-WG-89, Phase IV, Briley Parkway widening from Elm Hill Pike to Windemere Drive, by TDOT, 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. 01-SG-91, 01-WG-88, Phase V ,and 01-SG-92, 01-WG-89, Phase IV, Briley Parkway widening from Elm Hill Pike to Windemere Drive, by TDOT, or any future construction or maintenance operations required for water mains 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 and/or appurtenances now and in the future, the public convenience requiring it.

SECTION 4. Any further amendments to this legislation may be processed by resolution.

SECTION 5. 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: Amanda McClendon, Jim Shulman, David Briley, J.B. Loring

EASEMENTS TO BE ACQUIRED
Project Nos. 01-SG-91, 01-SG-92, 01-WG-88, 01-WG-89, Phase IV & V
Briley Parkway widening from Elm Hill Pike to Windemere Drive, by TDOT
Metro Council District 15

LEGISLATIVE HISTORY
Introduced:	July 16, 2002
Passed First Reading:	July 16, 2002
Referred to:	Planning Commission - Approved 6-0 (5/23/02) Budget & Finance Committee Public Works Planning & Zoning Committee
Passed Second Reading:	August 6, 2002
Passed Third Reading:	August 20, 2002
Approved:	August 21, 2002
By: