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A resolution repealing Resolution No. RS2025-1583, approving a participation agreement between the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Water and Sewerage Services, and Elmington Capital Group, to provide improved public sanitary sewer service through the design and construction of sanitary sewer service improvements, and refund collected funds (MWS Project No. 24-SL-0241).
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WHEREAS, Resolution No. RS2025-1583, approved, October 23, 2025, approved the Regional Pump Station Project Participation Agreement - ECG West Trinity (Exhibit 1) between the Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Water and Sewerage Services, and Elmington Capital Group; and,
WHEREAS, funds in the amount of $516,000.00 were collected pursuant to the Participation Agreement and deposited into Fund No. 47335; and,
WHEREAS, after RS2025-1583 passed, it was found that there was a capacity payment previously made on the parcel for 100% capacity in 2022; and,
WHEREAS, the acceptance of funds from the participation agreement constitutes a double payment of funds for capacity; and,
WHEREAS, Metropolitan Department of Water and Sewerage Services needs to refund the $516,000.00 collected pursuant to the Participation Agreement.
Now, therefore, be it resolved by the Council of The Metropolitan Government of Nashville and Davidson County:
Section 1. That RS2025-1583, approving a participation agreement between the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Water and Sewerage Services, and Elmington Capital Group, is hereby repealed.
Section 2. That funds in the amount of $516,000.00 collected pursuant to the Participation Agreement and deposited into Fund No. 47335, will be refunded.
Section 3. This resolution shall take effect upon passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This resolution repeals Resolution No. RS2025-1583 to sever the participation agreement between the Department of Water and Sewerage Services (“MWS”) and Elmington Capital Group (“Developer”). The Metropolitan Council approved Resolution No. RS2025-1583 on October 23, 2025, approving a participation agreement to provide improved public sanitary sewer service.
The participation agreement provides that Metro would design and construct sanitary sewer improvements to serve a multifamily development named ECG West Trinity Multifamily. In exchange the developer would pay Metro $516,000. Metro discovered that a capacity payment was made in 2022 for 100% of the needed capacity. Therefore, the participation agreement represents a duplicate payment for capacity.
This resolution repeals the participation agreement and refunds the duplicate payment to the Developer.
Fiscal Note: Metropolitan Department of Water and Sewerage Services (“MWS”) will refund $516,000 received from the participation agreement to Elmington Capital Group due to a capacity payment received in 2022. The payment was $395,600 for sewer capacity and $236,500 for water capacity according to MWS.