ORDINANCE NO. BL2003-1534


An ordinance authorizing the acquisition of property by negotiation or condemnation for the purpose of acquiring water mains, sanitary sewers, reservoirs, and stormwater easements for use in public projects of the Metropolitan Government and specifically with relation to Project No. 02-SG-154, Timmons Street Sewer Extension, Map 119-13, Parcels 314, 315, 316, and 317 (Proposal No. 2003M-052U-11).


WHEREAS, Section 2.01 of the Charter of The Metropolitan Government of Nashville and Davidson County grants to government the power to provide for the creation, maintenance, building, purchase and operation of water mains, sanitary sewers, 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, sanitary sewers, 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 easements be acquired to permit the construction of water mains, sanitary sewers, reservoirs, stormwater, and/or appurtenances within the area designated for the construction of Project No. 02-SG-154, Timmons Street Sewer Extension; and

WHEREAS, Project No. 02-SG-154, Timmons Street Sewer Extension has been funded under Capital Improvements Budget No. 01SG0001 and,

WHEREAS, The Metropolitan Planning Commission of Nashville and Davidson County has approved this acquisition on April 21, 2003, Proposal No. 2003M-052U-11.

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 the following described easements. The land so described for the purpose of constructing, maintaining and operating water mains, sanitary sewers, reservoirs, stormwater, and/or appurtenances. The initial project to be constructed in the easements described hereinafter is designated as Project No. 02-SG-154, Timmons Street Sewer Extension, 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-SG-154, Timmons Street 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 property by map and parcel numbers is attached hereto and made a part hereof as if written verbatim herein. All necessary and incidental costs of the additional easements herein shall be paid from funds from the Water and Sewer Extension and Replacement fund.

SECTION 2. Any further amendments to this legislation may be processed by resolution

SECTION 3. 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.

LEGISLATIVE HISTORY

Introduced: July 15, 2003
Passed First Reading: July 15, 2003
Referred to:

Planning Commission - Approved 10-0 (05/22/2003)
Budget & Finance Committee
Public Works Committee
Planning & Zoning Committee

Passed Second Reading: August 5, 2003
Passed Third Reading: August 19, 2003
Approved: August 20, 2003
By: Bill Purcell