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Consent

Brentwood City Commission Agenda

Meeting Date:	09/27/2021
Resolution 2021-103 - Interlocal Agreement with City of Franklin for the Provision of Sanitary Sewer Service to 1852 Wilson Pike
Submitted by:	Kristen Corn, Legal
Department:	Legal

Information

Subject

Resolution 2021-103 - Interlocal Agreement with City of Franklin for the Provision of Sanitary Sewer Service to 1852 Wilson Pike

Background

In 2007, the City entered into a boundary adjustment agreement with Franklin in the area of the planned McEwen Drive extension. In 2008, the Board of Commissioners acknowledged the City's commitment to provide water and sewer service to certain parcels in this same area. At the time, it was the City's understanding that these parcels were "unclaimed parcels" with no other utility provider intending to provide water and sewer service to them. We now know that Milcrofton Utility District believes that some of these parcels are within its water district. As you are aware, a lawsuit stemmed from this boundary dispute and it was settled earlier this year.

One of the properties covered in the 2008 resolution was 1852 Wilson Pike. Recently, the owner of this property requested the extension of sanitary sewer service by the City. (The parcel is in Milcrofton's water service district.) This property is within Franklin's corporate limits, and therefore, its sanitary sewer service area. Although the City acknowledged its commitment to provide sewer service to this parcel in 2008, there was no affirmative action by Franklin to give the City permission to serve within the Franklin city limits. Given the circumstances of the Milcrofton lawsuit, staff felt it would be appropriate to enter into an interlocal agreement with Franklin that provides explicit permission for the City to serve sanitary sewer within Franklin's service district.

The property is adjacent to existing development already served by City sewer, and it naturally drains into the City's sewer basin. It is not logistically feasible for Franklin to provide sanitary sewer service to the property, and the Franklin Board of Mayor and Aldermen has denied a request for such service. The Franklin Board of Mayor and Aldermen approved this agreement at its September 14, 2021 meeting.

This interlocal agreement does not automatically grant the property owner the extension of sanitary sewer service. Any such service will still be subject to the Policy for Sanitary Sewer Connection for Property Located Outside City Limits adopted by the City in 2020.

Should you have any questions, please contact the Water Services Director, the City Manager, or the City Attorney.

Staff Recommendation

Staff recommends approval of Resolution 2021-103.

Fiscal Impact

Attachments
Resolution 2021-103
Contract No. 2021-114
Resolution 2008-26
Location Map
Signed Resolution
Signed Contract