File #: BL2022-1177   
Type: Bill (Ordinance) Status: Passed
File created: 3/22/2022 In control: Metropolitan Council
On agenda: 5/5/2022 Final action: 5/5/2022
Title: An ordinance authorizing the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Water and Sewerage Services, hereinafter known as "METRO", to enter into an agreement with Rock Block Flats, LLC, hereinafter known as "DEVELOPER", to provide improved public sanitary sewer service through the construction of an improved stormwater system (Project No. SWGR 2021048243 and Proposal Number 2022M-008AG-001).
Sponsors: Brandon Taylor, Burkley Allen, Brett Withers, Zach Young
Attachments: 1. Agreement

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An ordinance authorizing the Metropolitan Government of Nashville and Davidson County, acting by and through the Metropolitan Department of Water and Sewerage Services, hereinafter known as “METRO”, to enter into an agreement with Rock Block Flats, LLC, hereinafter known as “DEVELOPER”, to provide improved public sanitary sewer service through the construction of an improved stormwater system (Project No. SWGR 2021048243 and Proposal Number 2022M-008AG-001).

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WHEREAS, METRO owns and operates a combined sewer system located in the Kerrigan basin with combined flow directed to the Central Wastewater Treatment Plant and the Kerrigan outfall during heavy rain conditions; and, 

WHEREAS, METRO desires to separate the stormwater and sewer flow in a 56 acre portion of the Kerrigan basin, thereby directing stormwater flow to the Cumberland River and the sewage flow to the Central Waste Water Treatment Plant; and,

WHEREAS, by separating the stormwater and sewage, METRO has an opportunity to reduce the overall volume load in the Kerrigan basin combined sewer resulting in a reduction in the potential for localized storm flooding, surcharging sewer, and odor.  Furthermore, separating the stormwater and sewage will improve overall water quality in the Cumberland River; and,

WHEREAS, DEVELOPER has been approved to renovate existing buildings and construct a multi-story development located in the Combined Sewer System for the Kerrigan Basin; and,

WHEREAS, METRO is developing the design and construction of dedicated storm infrastructure consistent with the Combined Sewer Master Plan; and,

WHEREAS, DEVELOPER agrees to provide on-site stormwater control measures and to provide METRO the amount of $250,000.00 to fund the design and construction of the current and new stormwater infrastructure, according to the terms of the CSEP Separation Project Participation Agreement - Rock Bottom Flats, attached as Exhibit 1; and, 

WHEREAS, METRO agrees to begin design and construction of the project within timeframes set forth by Metro Water Services upon receiving the funds; and,

WHEREAS, the provision of such storm sewer service improvement is deemed to benefit both parties and the general community.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY.

Section 1.                     The CSEP Separation Project Participation Agreement - Rock Bottom Flats (Exhibit 1) between the Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Water and Sewerage Services, and Rock Block Flats, LLC, attached hereto and incorporated herein, is hereby approved, and the Metropolitan Mayor is authorized to execute the same.

Section 2.                     The funds in the amount of $250,000.00 collected pursuant to the Participation Agreement shall be deposited into the 47335 fund, and monies shall be allocated exclusively for the Combined Sewer Elimination Program.

Section 3.                     Amendments to this legislation shall be approved by resolution.

Section 4.                     This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Agenda Analysis

Analysis

 

This ordinance authorizes the execution of an agreement with Rock Block Flats, LLC to construct an improved stormwater system for the purpose of providing improved public sanitary sewer service. Rock Block Flats will be renovating existing buildings and constructing a multi story development which is located in the combined sewer system and the Kerrigan basin. Currently, Metro operates the combined sewer system in the Kerrigan Basin which, if separated, would provide the potential for reduced localized storm flooding, surcharging sewer, and odors. The separation will also improve the overall water quality in the Cumberland River.

 

Metro will be responsible for the design and construction of the sewer separation infrastructure. Rock Block Flats will be responsible for the payment of $250,000 to fund the design and construction. Rock Block Flats will also be providing on-site stormwater control measures. Metro will also provide Rock Block Flats temporary access to the current combined system if the new separated system is not completed when the application for the use and occupancy permit for the multi-story development is submitted.

 

Fiscal Note: Metro will receive $250,000 from Rock Block Flats, LLC. to be deposited to fund 47335 for the design and construction of the current and new stormwater infrastructure.