An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring stormwater easements for use in public projects of the Metropolitan Government and specifically with relation to Project No. 02-SW-10, 3202 LaGrange and 3200 LaGrange Drive (Proposal No. 2002M-072U-03).

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, reservoirs, stormwater, 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 mains, reservoirs, stormwater, and appurtenances, 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 power to purchase real estate for any public purpose; and

WHEREAS, it is in the public interest that stormwater easements be acquired to permit the construction of water mains, reservoirs, stormwater, and/or appurtenances within the area designated for the construction of Project No. 02-SW-10, 3202 LaGrange and 3200 LaGrange Drive; and

WHEREAS, Project No. 02-SW-10, 3202 LaGrange and 3200 LaGrange Drive has been funded under Capital Improvements Budget No. 02DG0036.

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. The land so described for the purpose of constructing, maintaining and operating water mains, reservoirs, stormwater, and/or appurtenances. The initial project to be constructed in the easements described hereinafter is designated as Project No. 02-SW-10, 3202 LaGrange and 3200 LaGrange Drive, 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. 02-SW-10, 3202 LaGrange and 3200 LaGrange Drive, 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 for the construction, operation and maintenance of water mains, reservoirs, stormwater, and/or appurtenances. All necessary and incidental costs of the additional easements herein authorized to be acquired shall be paid from funds authorized from the Water and Sewer Extension and Replacement Fund.

SECTION 3. Any further amendments to this legislation may be processed by resolution

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: Melvin Black, Amanda McClendon

LEGISLATIVE HISTORY
Introduced:	August 20, 2002
Passed First Reading:	August 20, 2002
Referred to:	Planning Commission - Approved 6-0 (07/25/02) Budget & Finance Committee Public Wroks Committee Planning & Zoning Committee
Passed Second Reading:	September 17, 2002
Passed Third Reading:	October 1, 2002
Approved:	October 3, 2002
By: