ORDINANCE NO. BL2008-305

WHEREAS, it is in the public interest that easements be acquired to permit the construction, maintenance or other use for water mains, reservoirs, stormwater and/or appurtenances within the area designated for the construction of Project No. 03-WG-116A, Powell Avenue 36 inch Water Main, Phase II; and

WHEREAS, BL2006-1249 authorized the acquisition of easements to construct Project No. 03-WG-116A, Powell Avenue 36 inch Water Main, Phase II; and

WHEREAS, Project No. 03-WG-116A, Powell Avenue 36 inch Water Main, Phase II has been funded under Capital Improvements Budget No. 96WG0002; and

WHEREAS, The Metropolitan Planning Commission approved this acquisition on May 14, 2008, Proposal No. 2008M-074U-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 is hereby authorized to acquire by negotiation or condemnation the following described easements for the purpose of an access road to construct and maintain the water mains, and/or appurtenances, needed for Project No. 03-WG-116A, Powell Avenue 36 inch Water Main, Phase II, Seaboard Railroad, Inc. (DBA CSX Railroad), the same being for a public purpose and the public convenience requiring it.

Section 2. The access easement to be acquired from Seaboard System Railroad, Inc. (DBA CSX Railroad) is shown on the engineering plans for Project No. 03-WG-116A, Powell Avenue 36 inch Water Main, Phase II on record in the Office of the Director of the Department of Water and Sewerage Services, and a list of the property addresses, map and parcel numbers that is attached hereto are both 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 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: Jim Forkum

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LEGISLATIVE HISTORY
Introduced:	September 16, 2008
Passed First Reading:	September 16, 2008
Referred to:	Planning Commission - Approved Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Passed Second Reading:	October 7, 2008
Passed Third Reading:	October 21, 2008
Approved:	October 28, 2008
By: