ORDINANCE NO. BL2016-149

ORDINANCE NO. BL2016-149

An ordinance authorizing the Metropolitan Government to enter a participation agreement for the construction of public infrastructure improvements and to accept a donation of real property for park purposes in the North Gulch area (Proposal No. 2016M-007PR-001).

WHEREAS, both Capitol View Joint Venture (“Capitol View”) and The Metropolitan Government of Nashville and Davidson County (“Metropolitan Government”) desire to provide public infrastructure improvements for the proposed development on the property owned by Capitol View in the North Gulch area which includes property under contract to be sold to Lifeway Christian Resources (the “Property”) as well as the existing properties in the surrounding area (collectively, the “Project”); and

WHEREAS, Capitol View has developed complete plans for the design and construction of the public infrastructure improvements for the Project which were prepared by Barge, Waggoner, Sumner and Cannon dated May 28, 2015 (the “Plans”), for which the Metropolitan Government approved and permitted on September 9, 2015 under the assigned permit number 201400328; and

WHEREAS, based on the Plans, Capitol View has determined that the costs necessary to complete the Project are $10,400,000.00, of which a cost of $3,490,000.00 is allocated for the public infrastructure improvement to the right-of-way and water and sewer system portion of the Project; and

WHEREAS, Capitol View previously submitted its Plans for the Project to the Metropolitan Government for approval which was granted; and

WHEREAS, the Parties desire for a portion of the Project costs to be paid by the Metropolitan Government, and in return, upon final inspections and approvals, Capitol View will convey the Project to the Metropolitan Government; and

WHEREAS, the completion of the Project and the provision of such public infrastructure improvements will benefit both parties and the general community of Nashville and Davidson County, Tennessee; and

WHEREAS, the parties would like to work together and enter into the participation agreement attached as Exhibit 1 to this ordinance to provide such public infrastructure improvements; and

WHEREAS, Capitol View owns 1.26 acres known as Tracts 12 and 13 in the Capitol View Development generally bounded by Gay Street to the South, and Nelson Merry Street to the North and bisected by 10th Avenue North, Nashville, Davidson County, Tennessee (“Parcel”); and

WHEREAS, as described in the letter attached as Exhibit 2 to this ordinance, Capitol View proposes to donate the Parcel for the purpose of creating a public park connected to the Music City Greenway (“Donation”); and

WHEREAS, it is in the best interests of the citizens of the Metropolitan Government that the attached participation agreement be approved and the Donation be accepted.

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

SECTION 1. The participation agreement between the Metropolitan Government and Capitol View, to construct specific public infrastructure improvements as described in Exhibit 1, attached hereto and incorporated herein by reference, is approved, and the Director of Water and Sewer Services, or his designee, and the Director of Public Works, or his designee, are authorized to execute the same.

SECTION 2. The Metropolitan Government will contribute three million four hundred ninety thousand dollars ($3,490,000.00) to assist in funding the construction and installation of the public infrastructure improvements.

SECTION 3. The Director of Parks and Recreation is authorized to accept the Donation for park purposes as approved by the Board of Parks and Recreation.

SECTION 4. The Metropolitan Mayor and Director of Finance are authorized to execute and deliver documents, certificates and agreements, with approval of the Department of Law, that may be necessary to give effect to the transactions contemplated by this ordinance including, without limitation, an escrow agreement with Lifeway Christian Resources.

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.

Sponsored by: Freddie O'Connell, Bill Pridemore

View Exhibits

AMENDMENT NO.1
TO
ORDINANCE NO. BL2016-149

Mr. President -

I move to amend Ordinance No. BL2016-149 as follows:

I. By deleting the first page of the letter attached as Exhibit 2 and substituting therefore the
attached page which contains a housekeeping amendment to correct a clerical error in the
property description.

LEGISLATIVE HISTORY
Introduced:	February 16, 2016
Passed First Reading:	February 16, 2016
Referred to:	Planning Commission - Approved Budget & Finance Committee Parks, Library, and Recreation Committee Planning, Zoning, & Historical Committee
Passed Second Reading:	March 1, 2016
Amended:	March 15, 2016
Passed Third Reading:	March 15, 2016
Approved:	March 16, 2016
By: