ORDINANCE NO. BL2016-430

An ordinance authorizing the Metropolitan Government to enter a participation agreement for the construction of public infrastructure improvements with Century Farms, LLC.

WHEREAS, both Century Farms, LLC (“Century Farms”) and the Metropolitan Government of Nashville and Davidson County (“Metro”) desire to provide public infrastructure improvements for a proposed multi-use development on real property owned by Century Farms, which will require construction within Metro Right-of-Way and will require Century Farms to acquire certain additional land and/or easements and/or rights-of ways over and across portions of real property owned by private land owners, (altogether, the “Project”); and

WHEREAS, Century Farms 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 December 8, 2015 (the “Plans”), consisting of Phase I and Phase II portions of the project, for which the Metropolitan Government approved and permitted on December 8, 2015 under the assigned permit number 201500178; and

WHEREAS, based on the Plans, Century Farms has determined that the costs necessary to complete the Project are in the range of $6,700,000.00 to $10,300,000.00, of which Metro will contribute $5,500,000.00 for the public infrastructure improvement to the right-of-way of the Project; and

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

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 Century Farms, to construct specific public infrastructure improvements as described in Exhibit 1, attached hereto and incorporated herein by reference, is approved, and the Director of Public Works, or his designee, is authorized to execute the same.

SECTION 2. The Metropolitan Government will contribute five million five hundred thousand dollars ($5,500,000.00) to assist in funding the construction and installation of the public infrastructure improvements.

SECTION 3. All costs related to the public infrastructure improvement to the right-of-way of the Project shall be paid from the FY16 Metro Capital Spending Plan, under Fund 40016 BU 42404016.

SECTION 4. 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: Jacobia Dowell, John Cooper, Jeremy Elrod

If you would like a copy of the attachment to any ordinance or resolution, please email your request to the Metro Clerk's Office at metro.clerk@nashville.gov

LEGISLATIVE HISTORY
Introduced:	October 4, 2016
Passed First Reading:	October 4, 2016
Referred to:	Budget & Finance Committee Public Works Committee
Passed Second Reading:	October 18, 2016
Passed Third Reading:	November 1, 2016
Approved:	November 2, 2016
By:

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