ORDINANCE NO. BL2003-107
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. 03-WG-51, BNA/Airport 36” Water
Main (Proposal No. 2003M-074U-13 and 2003M-104U-13).
WHEREAS, Section 2.01 of the Charter of The Metropolitan Government of Nashville
and Davidson County grants 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. 03-WG-51, BNA/Airport 36” Water Main; and
WHEREAS, Project No. 03-WG-51, BNA/Airport 36” Water Main has been funded under Capital Improvements Budget No. 96WG0002 and,
WHEREAS, The Metropolitan Planning Commission of Nashville and Davidson County has approved this acquisition on October 21, 2003, Proposal No. 2003M-074U-13 and 2003M-104U-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, 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. 03-WG-51, BNA/Airport 36” Water Main, 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. 03-WG-51, BNA/Airport 36” Water Main, 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. 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:
Carl Burch, Jim Shulman, Ludye Wallace
LEGISLATIVE HISTORY |
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Introduced: | December 2, 2003 |
Passed First Reading: | December 2, 2003 |
Referred to: | Planning
Commission - Approved 7-0 (09/25/2003) 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: | ![]() |