RESOLUTION NO. RS2012-298

A resolution accepting certain incomplete infrastructure and property interests located in Enclave at Twin Hills, Subdivision No. 2007s-307G-04, pursuant to Chapter 10.90 of the Metropolitan Code 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 Enclave at Twin Hills to be accepted pursuant to this Resolution are shown on the final plat approved by the metropolitan planning commission on January 17, 2008 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 infrastructure items will be completed by Debt Solutions, LLC, the current owner of the 28 vacant lots; and,

WHEREAS, the department of public works, department of water and sewage services and department of finance have reviewed the application and recommend the roads located in Enclave at Twin Hills be accepted; and,

WHEREAS, the completion of the roads is estimated to cost $162,450. The Metropolitan Government will contribute funds towards the completion of the above listed items.

WHEREAS, Debt Solutions, LLC, has agreed to complete the remaining punch list items for water ($60,000), sewer ($6,500), and Stormwater ($97,770.42), for a total amount of $164,270.42 and have this infrastructure inspected and accepted.

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 roads and necessary related property interests in Enclave at Twin Hills, Subdivision No. 2007s-307G-04.

Section 2. That funding to complete the roads in Enclave at Twin Hills, Subdivision No. 2007s-307G-04, shall be appropriated from existing capital funds allocated by the Metropolitan Council for road 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: Doug Pardue, Phil Claiborne, Sean McGuire

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Introduced:	June 5, 2012
Adopted:	June 5, 2012
Approved:	June 6, 2012
By: