ORDINANCE NO. BL2014-995

ORDINANCE NO. BL2014-995

An ordinance authorizing the acquisition by negotiation or condemnation of temporary and permanent utility easements relating to the installation of a new eight inch water main along Brandau Road and Hoggett Ford Road, approving the form of a participation financing agreement for property owners to connect to the new water main, and amending Chapter 15.52 of the Metropolitan Code to allow for the construction and financing arrangement set forth herein (Proposal No. 2015M-001ES-001).

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 a public water system, and Chapter 5 of Article 8 of the Charter of the Metropolitan Government designates the Department of Water and Sewerage Services as the department responsible for the construction, operation, and maintenance of all water and sanitary sewer facilities; and

WHEREAS, certain residents of Hoggett Ford Road have limited access to public drinking water, and have no fire protection other than that provided by pumper trucks that would haul water to the site; and

WHEREAS, a number of residents on Hoggett Ford Road rely on wells for water consumption and usage, which have been determined by the Metropolitan Health Department to be of poor quality; and

WHEREAS, businesses on Brandau Road also have very limited fire protection due to the lack of adequate water lines; and

WHEREAS, although other rural areas in Davidson County do not have direct fire protection by means of nearby hydrants, Hoggett Ford Road and Brandau Road are unique in that the area immediately surrounding these roads is growing rapidly; and

WHEREAS, since Hoggett Ford Road and Brandau Road are close to heavily populated areas, a new water main can be connected to other water mains that are already in place with high water turnover, which will enable the water to stay fresh without having to be wasted; and

WHEREAS, it is in the public interest that temporary and permanent utility easements be acquired to permit the construction of a new eight inch water main along Brandau Road and Hoggett Ford Road identified as Project No. 13-WG-80; and

WHEREAS, Section 15.52.010 of the Metropolitan Code provides that the entire cost of construction and inspection for water main extensions shall be borne by the developer and that no Metropolitan Government funds may be utilized for the construction of such extension; and

WHEREAS, it is in the public interest that Section 15.52.010 be amended to allow a financing program be offered in conjunction with Project No. 13-WG-80, Brandau Road/Hoggett Ford Road Water Main Installation, whereby new customers connecting to the main will pay the normal connection costs, plus a surcharge that repays their share of the cost of the water main installation.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY.
Section 1. Section 15.52.010 of the Metropolitan Code is hereby amended by adding the following new subsection C.:

“C. Notwithstanding the provisions of subsection A. of this section to the contrary, in the interest of public health and safety, the department of water and sewerage services shall have the authority to construct extensions to the water system to serve existing private residential properties constructed prior to the year 2006 that are currently being served by well water upon obtaining the necessary rights-of-way and permanent and temporary easements for the extensions, provided that the existing water infrastructure in the area is sufficient so that the new water main can be connected to other water mains that are already in place with high water turnover. The department of water and sewerage services is further authorized to negotiate and enter into financing agreements with the new customers being served by the extension to the water system whereby new customers will pay a surcharge that will reimburse the capital expense incurred by the department in extending the water lines. Such form agreements shall be subject to approval of the metropolitan council by a resolution receiving twenty-one affirmative votes.”

Section 2. The Director of Public Property Administration or his designee is hereby authorized to acquire permanent and temporary utility easements by negotiation or condemnation for the purpose of constructing, maintaining and operating an eight inch water main along Brandau Road and Hoggett Ford Road; the initial project to be constructed in the easements described hereinafter and designated as Project No. 13-WG-80, Brandau Road/Hoggett Ford Road Water Main Installation, 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. 13-WG-80, Brandau Road/Hoggett Ford Road Water Main Installation, 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 addresses and map and parcel numbers is attached to this Ordinance as Exhibit A.

Section 3. The easements described in Section 2 hereof represent the minimum temporary and permanent construction easements that are necessary for the construction of Project No. 13-WG-80, Brandau Road/Hoggett Ford Road Water Main Installation, and the Director of Public Property Administration, or his designee, is hereby authorized to acquire by negotiation or condemnation additional easements as may be required for the construction of Project No. 13-WG-80, Brandau Road/Hoggett Ford Road Water Main Installation, upon approval of the Metropolitan Council by resolution receiving twenty-one (21) affirmative votes.

Section 4. The Metropolitan Government acting through the Department of Water and Sewerage Services is authorized to enter into financing agreements with the property owners being served by Project No. 13-WG-80, Brandau Road/Hoggett Ford Road Water Main Installation, using substantially the form of the document attached to this Ordinance as Exhibit B.

Section 5. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

LEGISLATIVE HISTORY
Introduced:	December 16, 2014
Passed First Reading:	December 16, 2014
Referred to:	Planning Commission Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Passed Second Reading:	January 6, 2015
Passed Third Reading:	January 20, 2015
Approved:	January 27, 2015
By: