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, it is in the public interest that utility easements be acquired to permit the construction of a grinder pump installation to provide sanitary sewers within the area designated for the construction of Project No. 01-SG-86A, Grizzard Manor Grinder Pump Installation; and

WHEREAS, Project No. 01-SG-86A, Grizzard Manor Grinder Pump Installation has been funded under Capital Improvements Budget No. 01SG0001; and

WHEREAS, it is in the public interest that a financing program be offered in conjunction with Project No. 01-SG-86A, Grizzard Manor Grinder Pump Installation.

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 for the purpose of constructing, maintaining and operating sanitary sewers, storm sewers and/or appurtenances; the initial project to be constructed in the easements described hereinafter and designated as Project No. 01-SG-86A, Grizzard Manor Grinder Pump Installation, 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-86A, Grizzard Manor Grinder Pump Installation, 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 addresses and map and parcel numbers is attached this Ordinance as Exhibit A.

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 for the construction, operation and maintenance of sanitary sewers, storm sewers and/or appurtenances. All necessary and incidental costs of the easement acquisition 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 represent the minimum temporary construction easements that are necessary for the construction of Project No. 01-SG-86A, Grizzard Manor Grinder Pump Installation, 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-86A, Grizzard Manor Grinder Pump Installation, or any future construction or maintenance operations for sanitary sewers, storm sewers and/or appurtenances, it being declared to be a public purpose and in the public interest that the said real estate 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: The Metropolitan Government acting through the Department of Water and Sewerage Services is authorized to enter into financing agreements with the property owners being served by Project No. 01-SG-86A, Grizzard Manor Grinder Pump Installation using substantially the form of the document attached to this Ordinance as Exhibit B.

SECTION 5: Any further amendments to this legislation may be processed by resolution.

SECTION 6: This ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

LEGISLATIVE HISTORY
Introduced:	August 6, 2002
Passed First Reading:	August 6, 2002
Referred to:	Planning Commission - Approved 7-0 (05/09/2002) Budget & Finance Committee - Approved 12-0 Public Works Committee - Approved 10-0 Planning & Zoning Committee - Approved 8-0
Passed Second Reading:	August 20, 2002
Passed Third Reading:	September 17, 2002
Approved:	September 20, 2002
By: