An ordinance authorizing the acquisition of easements by negotiation or condemnation for use in public projects of the Metropolitan Government, initially with relation to Project Number 94-SC-5P-1, Boscobel CSO, Overflow Abatement Program, and authorizing the abandonment of a 12” sanitary sewer pipe and easement that will be replaced by a 24” sanitary sewer pipe and easement located at 2009 Sevier Street and 0 Davidson Street (Proposal No. 2007M-075U-5).

WHEREAS, it is in the public interest that easements be acquired to permit the construction, maintenance or operation of water mains, sanitary sewers, reservoirs, stormwater sewers or devices and/or appurtenances within the area designated for the construction of Project No. 94-SC-5P-1 (the “Project”), Boscobel CSO, Overflow Abatement Program as shown on the plans (the “Project Plans”) on file with the Director of the Department of Water and Sewerage Services; and

WHEREAS, the a list of the affected properties, by map and parcel number, and owners is attached as Exhibit 1 and incorporated into this ordinance by reference; and

WHEREAS, the Project has been funded under Capital Improvements Budget No. 96SC0021; and

WHEREAS, the Metropolitan Planning Commission approved the acquisition of the easements herein described on April 19, 2007, Proposal No. 2007M-075U-5; and

WHEREAS, an existing 12” sanitary sewer line and accompanying easement, more particularly described in the Project Plans are no longer being used by the Department of Water and Sewerage Services nor any other public utility.

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 for the purpose of construction of or other use for water mains, sanitary sewers, reservoirs, stormwater and/or appurtenances, the initial such project being Project No. 94-SC-5P-1, the same being for a public purpose and the public convenience requiring it.

Section 2. The easements to be acquired are shown on the plans for Project No. 94-SC-5P-1, Boscobel CSO, Overflow Abatement Program, on record in the Office of the Director of the Department of Water and Sewerage Services, and incorporated herein, and a list of the property addresses and maps and parcel numbers is attached hereto and incorporated herein.

Section 3. The Director of Public Property Administration is hereby authorized and directed, if necessary, to take and appropriate by condemnation proceedings the interests in real property described herein in the name of The Metropolitan Government of Nashville and Davidson County for the construction or other use for water mains, sanitary sewers, reservoirs, stormwater and/or appurtenances.

Section 4. 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 5. Acquisition of additional or different easements on these or additional properties, for these same purposes, may be authorized by resolution.

Section 6. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Mike Jameson, Emily Evans

View Exhibit

LEGISLATIVE HISTORY
Introduced:	November 20, 2007
Passed First Reading:	November 20, 2007
Referred to:	Planning Commission - Approved Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Passed Second Reading:	December 4, 2007
Passed Third Reading:	December 18, 2007
Approved:	December 21, 2007
By: