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 No. 01-SG-112, Pennington Bend at Briley Parkway Sewer System. (Proposal No. 2001M-123G-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 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 sanitary sewers, storm sewers and/or appurtenances within the area designated for the construction of Project No. 01-SG-112, Pennington Bend at Briley Parkway; and

WHEREAS, Project No. 01-SG-112, Pennington Bend at Briley Parkway Sewer Extension, has been funded under Capital Improvements Budget No. 96SG0005.

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 easements in the land so described 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-112, Pennington Bend at Briley Parkway Sewer Extension, the same being for a public purpose and the public convenience requiring it. The easements to be acquired is shown on the plans for Project No. 01-SG-112, Pennington Bend at Briley Parkway Sewer Extension, 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: 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 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 easements herein authorized to be acquired shall be paid from funds authorized from the Water and Sewer Extension and Replacement Fund.

SECTION 3: That 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-112, Pennington Bend at Briley Parkway Sewer Extension, 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-112, Pennington Bend at Briley Parkway Sewer Extension, 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: 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: J. B. Loring, Amanda McClendon, Jim Shulman

LEGISLATIVE HISTORY
Introduced:	March 5, 2002
Passed First Reading:	March 5, 2002
Referred to:	Planning Commission - Approved 6-0 (12/6/01) Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Passed Second Reading:	March 19, 2002
Passed Third Reading:	April 2, 2002
Approved:	April 3, 2002
By: