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, 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, sanitray 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-SL-129, Rural Hill Townhouses; and

WHEREAS, the developer has agree to pay actual cost of this easement acquisition and this easement is needed to serve properties other than this development; and

WHEREAS, Project No. 02-SL-129, Rural Hill Townhouses has been funded under Capital Improvements Budget No. 02SL001 and the Metropolitan Planning Commission of Nashville and Davidson County has approved this acquisition on November 14, 2002, Proposal No. 2002M-117U-13.

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, sanitary sewers, reservoirs, stormwater, and/or appurtenances. The initial project to be constructed in the easements described hereinafter is designated as Project No. 02-SL-129, Rural Hill Townhouses, 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-SL-129, Rural Hill Townhouses, 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, sanitary sewers, 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. The Director of Water and Sewerage Services is authorized to execute an agreement with Alliance Constructors, Incorporated, a copy is attached, to recover the costs of securing the easement authorized in Sections one (1) and two (2) of this ordinance.

SECTION 4. Any further amendments to this legislation may be processed by resolution

SECTION 5. 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: Tommy Bradley, Brenda Gilmore

LEGISLATIVE HISTORY
Introduced:	December 2, 2003
Passed First Reading:	December 2, 2003
Referred to:	Planning Commission - Approved 8-0 (11/14/2002) Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Passed Second Reading:	December 16, 2003
Passed Third Reading:	January 20, 2004
Approved:	January 21, 2004
By: