RESOLUTION NO. RS2012-265

A resolution accepting certain incomplete infrastructure and property interests located in Edison Park Subdivision, Subdivision 2006s-171G-13, pursuant to Chapter 10.90 of the Metropolitan Code of Laws for completion and maintenance in the interest of public health and safety.

WHEREAS, the Metropolitan Council recognized in Ordinance No. BL2011-82 that the downturn in the national housing market caused residential developments to fail throughout the United States; and,

WHEREAS, in order to address the public health and safety concerns associated with incomplete infrastructure, Ordinance No. BL2011-82 amended the Metropolitan Code to allow the Metropolitan Government, upon the adoption of a resolution by the Council, to accept incomplete roads, streets, sidewalks, water/sewer lines, storm water lines, and other similar infrastructure, along with the related property interests, in limited circumstances and under certain conditions; and,

WHEREAS, the incomplete infrastructure and property interests in Edison Park to be accepted pursuant to this resolution are shown on the final plat approved by the metropolitan planning commission on April 5, 2006, as dedicated for public use or as part of the storm water management system; and,

WHEREAS, roads, streets, sidewalks and water, sewer and storm water infrastructure shown on the final plat approved by the metropolitan planning commission indicates offers to dedicate for public use that can be accepted by action of the metropolitan council; and,

WHEREAS, an application has been filed with the planning department that states the reasons why the incomplete infrastructure presents a public health or safety concern in its present condition, specifically identifies the infrastructure that must be completed in order to abate the health or safety concern, and states what characteristics make it unlikely that the infrastructure will be completed within a reasonable time by any private entity; and,

WHEREAS, the department of public works, department of water and sewage services, and department of finance have reviewed the application and recommend the storm water, water and sewer infrastructure to include the curbs and gutters and necessary property interests located in Edison Park be accepted; and,

WHEREAS, a performance agreement equaling $150,000 will be entered into by Habitat for Humanity of Greater Nashville, Inc. to complete the installation of castings and 1 ½” final surface course of asphalt throughout Edison Park;

WHEREAS, the costs associated with completion of sidewalks are to be borne by the builders of residences on the individual lots within Edison Park pursuant to the building code regulations of the Metropolitan Code; and,

WHEREAS, the completion of the water, sewer and storm water construction are estimated to cost $78,340.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That pursuant to Section 10.90.010 of the Metropolitan Code, the Metropolitan Government of Nashville and Davidson County hereby accepts all infrastructure associated with the water, sewer and storm water systems and all necessary related property interests in the Edison Park Subdivision, Subdivision 2006s-171G-13.

Section 2. That funding to complete the water, sewer and storm water systems in the Edison Park Subdivision, Subdivision 2006s-171G-13, shall be appropriated from existing capital funds allocated by the Metropolitan Council for water, sewer, and storm water infrastructure improvements.

Section 3. That this resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Sean McGuire

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Introduced:	May 15, 2012
Adopted:	May 15, 2012
Approved:	May 16, 2012
By: