An ordinance accepting Deed of Perpetual Channel Improvement Easements for Project 99-SG-117, North First Street River Bank Stabilization Map 82-10, Parcel 9, and Map 82-14, Parcels 57, 58, 87 and 89 abutting the east bank of the Cumberland River for stabilization from the Cumberland River between Jefferson Street Bridge South and the CSX Rail Road Bridge (Proposal No. 2003M-101U-09).

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, 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, Alley – Cassetty Coal Company, Incorporated has offered these easements to the Metropolitan Government to protect the existing sewer line and the river bank along the Cumberland River; and,

WHEREAS, it is in the public interest that these Deed of Perpetual Channel Improvement Easements be accepted for Project No. 99-SG-117, North First Street River Bank Stabilization; and

WHEREAS, Project No. 99-SG-117, North First Street River Bank Stabilization has been funded under Capital Improvements Budget No. 96SC0021 and the Metropolitan Planning Commission of Nashville and Davidson County has approved this acquisition on October 25, 2003, Proposal No. 2003M-101U-09.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY.

SECTION 1. The Metropolitan Government of Nashville and Davidson County is hereby authorized to accept the attached Deed of Perpetual Channel Improvements Easements. The initial project to be constructed in the easements described hereinafter is designated as Project No. 99-SG-117, North First Street River Bank Stabilization. The plans for Project No. 99-SG-117, North First Street River Bank Stabilization, 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. Amendments to this legislation may be approved 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: Pam Murray, Jim Shulman

Amendment No. 1
To
Ordinance No. BL2004-118

Mr. President:

I move to amend Ordinance No. BL2004-118 by deleting the word “October”, wherein it appears in the fifth recital clause, and substituting in lieu thereof the word “September”.

Sponsored by: David Briley

LEGISLATIVE HISTORY
Introduced:	January 6, 2004
Passed First Reading:	January 6, 2004
Referred to:	Planning Commission – Approved 7-0 (10/23/03) Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Amended:	January 20, 2004
Passed Second Reading:	January 20, 2004
Passed Third Reading:	February 3, 2004
Approved:	February 5, 2004
By: