RESOLUTION NO. RS2013-577

A resolution accepting certain incomplete infrastructure and property interests located in Chesapeake Homes, Phase 2, Section 6, Subdivision No. 2002S-068G-02; Creekside Subdivision, Subdivision No. 2001S-180U-03; Lanier Park, Phase 1, Subdivision No. 2002S-069G-04; and Skyline Village, Subdivision No. 2004S-288U-02, 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 Chesapeake Homes, Phase 2, Section 6; Creekside Subdivision; Lanier Park, Phase 1 (excluding water infrastructure to be dedicated to Madison Suburban Utility District); and Skyline Village to be accepted pursuant to this Resolution are shown on the final plats approved by the metropolitan planning commission on June 26, 2002, June 13, 2002, October 21, 2002, and April 18, 2005 respectively, as dedicated for public use or as part of the storm water management system; and

WHEREAS, roads, streets, sidewalks, water, sewer and storm water infrastructure shown on the final plats, excluding private alleys shown on the Creekside Subdivision 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 Affordable Housing Resources, the current owner of the vacant lots within these subdivisions; 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, sidewalks along the open space, storm water, water and sewer infrastructure to include the curbs and gutters and necessary property interests located in Chesapeake Homes, Phase 2, Section 6; Creekside Subdivision; Lanier Park, Phase 1; and Skyline Village be accepted, with the exception of the water infrastructure to be dedicated to the Madison Suburban Utility District within Lanier Park; the private alleys shown on the Creekside Subdivision final plat, and

WHEREAS, Affordable Housing Resources will submit a cashier’s check in the amount of $90,000 to the Metropolitan Government to be used towards completing the required infrastructure within these subdivisions. Affordable Housing Resources will also enter into a Performance Agreement to complete the sidewalks along the buildable lots within these subdivisions; and

WHEREAS, the completion of the roads, sidewalks along the open space, water, sewer and storm water construction are estimated to cost as follows: Chesapeake Homes, Phase 2, Section 6: $46,528; Creekside Subdivision: $216,861, Lanier Park, Phase 1: $90,603; and Skyline Village: $188,216, for a total of amount of $542,208. The Metropolitan Government will contribute funds towards the completion of the above listed items.

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, sidewalks along the open space, water, sewer and storm water systems and all necessary related property interests in Chesapeake Homes, Phase 2, Section 6, Subdivision No. 2002S-068G-02; Creekside Subdivision, Subdivision No. 2001S-180U-03; Lanier Park, Phase 1, Subdivision No. 2002S-069G-04; and Skyline Village, Subdivision No. 2004S-288U-02, with the exception of the water infrastructure to be dedicated to Madison Suburban Utility District within Lanier Park and the private alleys shown on the Creekside Subdivision final plat.

Section 2. That funding to complete the roads, sidewalks along the open space, water, sewer and storm water systems in Chesapeake Homes, Phase 2, Section 6, Subdivision No. 2002S-068G-02; Creekside Subdivision, Subdivision No. 2001S-180U-03; Lanier Park, Phase 1, Subdivision No. 2002S-069G-04 (excluding water infrastructure to be dedicated to Madison Suburban Utility District); and Skyline Village, Subdivision No. 2004S-288U-02, shall be appropriated from existing capital funds allocated by the Metropolitan Council for roads, 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: Walter Hunt, Bill Pridemore

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Introduced:	February 5, 2013
Adopted:	February 5, 2013
Approved:	February 12, 2013
By: