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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by and through the Metropolitan Department of Water and Sewerage Services, and Elmington Capital Group, is hereby repealed.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 Nashvill...
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