RESOLUTION NO. RS2013-640

A resolution accepting certain incomplete infrastructure and property interests located in River Landing, Phase 1, Section 1, Subdivision No. 2006s-182G-14, pursuant to Chapter 10.90 to 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 River Landing, Phase 1, Section 1 to be accepted pursuant to this Resolution are shown on the final plat approved by the metropolitan planning commission on July 28, 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 roads, storm water, water and sewer infrastructure to include the curbs and gutters and necessary property interests located in River Landing, Phase 1, Section 1 be accepted excluding Rymer Court and River Landing Lane and the associated curbs and gutters along Rymer Court and River Landing Lane; and,

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

WHEREAS, the completion of the roads, water, sewer and storm water construction are estimated to cost $489,560.50. The Metropolitan Government has already collected $54,000 to be used towards completing the incomplete infrastructure through a lawsuit against the previous developers. Therefore, the Metropolitan Government will contribute up to $435,560.50 towards the completion of the above listed items.

WHEREAS, prior to being issued a building permit, the Metropolitan Government may require the lot owner to pay an assessment of $6,000 per lot owned to the Metropolitan Government in order to assist with abating the public health and safety concerns within the subdivision.

WHEREAS, there are currently 21 vacant lots in River Landing, Phase 1, Section 1 with building permit holds. The Metropolitan Government may receive a total of $126,000 in assessments to be used to abate the public health and safety concerns within the subdivision, thereby reducing the total contribution by the Metropolitan Government to $309,560.50.

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, water, sewer and storm water systems and all necessary related property interests in River Landing, Phase 1, Section 1, Subdivision No. 2006s-182G-14 excluding Rymer Court and River Landing Lane and the associated curbs and gutters along Rymer Court and River Landing Lane.

Section 2. That funding to complete the roads, water, sewer and storm water systems in River Landing, Phase 1, Section 1, Subdivision No. 2006s-182G-14, 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: Darren Jernigan, Karen Bennett

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Introduced:	April 2, 2013
Deferred:	April 2, 2013
Adopted:	April 16, 2013
Approved:	April 17, 2013
By: