RESOLUTION NO. RS2013-800

A resolution accepting certain incomplete infrastructure and property interests located in Fields of Brick Church, Subdivision No. 2004s-066G-02, 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 Fields of Brick Church to be accepted pursuant to this Resolution are shown on the final plat approved by the metropolitan planning commission on June 4, 2004 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 and storm water infrastructure to include the curbs and gutters and necessary property interests located in Fields of Brick Church be accepted; and,

WHEREAS, the completion of the roads and storm water construction are estimated to cost $291,638.

WHEREAS, the developer of the subdivision has contributed his remaining assets in the subdivision to be used towards the completion of the infrastructure and the abatement of the health and safety concerns within the subdivision. The Metropolitan Government will contribute up to $291,638 towards completing the required public infrastructure.
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 storm water systems and all necessary related property interests in Fields of Brick Church, Subdivision No. 2004s-066G-02.

Section 2. That funding to complete the roads and storm water systems in Fields of Brick Church, Subdivision No. 2004s-066G-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

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LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Introduced:	August 6, 2013
Adopted:	August 6, 2013
Approved:	August 8, 2013
By: