ORDINANCE NO. BL2009-379

An ordinance authorizing the acquisition of property in fee simple by negotiation or condemnation for use in public projects of the Metropolitan Government, initially with relation to Project Number 08-SC-0077, Dry Creek, 35 Edenwold Road and 51 Edenwold Road, Edenwold Road, and Myatt Drive (Proposal No. 2008M-176G-4).

WHEREAS, it is in the public interest that property be acquired in fee simple to permit the construction or other use of water mains, sanitary sewers, reservoirs, stormwater and/or appurtenances within the area designated for the construction of Project No. 08-SC-0077, Dry Creek.

WHEREAS, Project No. 08-SC-0077, Dry Creek, has been funded under Capital Improvements Budget No. 09WS009; and

WHEREAS, The Metropolitan Planning Commission approved this acquisition on September 29, 2008, Proposal No. 2008M-176G-4.

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 property in fee simple for the purpose of construction or other use of water mains, sanitary sewer plants, reservoirs, stormwater and/or appurtenances, the initial such project being Project No. 08-SC-0077, Dry Creek, the same being for a public purpose and the public convenience requiring it.

Section 2. The property to be acquired is shown on the plans for Project No. 08-SC-0077, Dry Creek, on record in the Office of the Director of the Department of Water and Sewerage Services, and incorporated herein, a list of the properties with addresses and a map showing the parcel numbers are 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 of water mains, sanitary sewers, reservoirs, stormwater and/or appurtenances.

Section 4. All necessary and incidental costs of the property 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 properties, for these same purposes, shall be approved by resolution.

Sponsored by: Parker Toler, Jim Forkum, Rip Ryman

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LEGISLATIVE HISTORY
Introduced:	January 20, 2009
Passed First Reading:	January 20, 2009
Referred to:	Planning Commission - Approved Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Passed Second Reading:	February 3, 2009
Passed Third Reading:	February 17, 2009
Approved:	February 20, 2009
By: