ORDINANCE NO. BL2002-1215

An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring stormwater and storm pipe easements for use in public projects of the Metropolitan Government and specifically with relation to Project No. 02-SW-14, 442 Clearwater Drive (Proposal No.2002M-071U-13).

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-14, 442 Clearwater Drive; and

WHEREAS, The Metropolitan Planning Commission of Nashville and Davidson County has approved this acquisition on July 31, 2002, Proposal Number 2002M-071AU-13.

WHEREAS, Project No. 02-SW-14, 442 Clearwater Drive has been funded under Capital Improvements Budget No. 84PW028B.

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 and directed to acquire by negotiation or condemnation an easement in the land identified in this ordinance for the purpose of constructing, maintaining and operating water mains, reservoirs, stormwater, and/or appurtenances; the initial project to be constructed in the easement is designated as Project No. 02-SW-14, 442 Clearwater Drive. The easement to be acquired is shown on the plans for Project No. 02-SW-14, 442 Clearwater 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 number and map and parcel number is attached hereto and made a part hereof as if written verbatim herein.

SECTION 2. All necessary and incidental costs of the additional easement, herein authorized to be acquired, shall be paid from funds authorized from the G. O. Bond Fund 40160.

SECTION 3. Any further admenments 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: Lawrence Hall, Jr., Craig Jenkins

LEGISLATIVE HISTORY

Introduced: October 1, 2002
Passed First Reading: October 1, 2002
Referred to: Planning Commission - Approved 6-0 (07/25/02)
Budget & Finance Committee
Public Wroks Committee
Planning & Zoning Committee
Passed Second Reading: October 15, 2002
Passed Third Reading: November 19, 2002
Approved: November 20, 2002
By: Bill Purcell