ENACTED 09/15/1998

ORDINANCE NO. O98-1326

AN ORDINANCE TO AMEND SECTION 4.12.090 OF THE METROPOLITAN CODE OF LAWS TO AUTHORIZE THE PURCHASING AGENT TO ENTER INTO PURCHASING OR CONTRACTING COOPERATIVES WITH OTHER GOVERNMENTAL AGENCIES AND AUTHORITIES OUTSIDE THE JURISDICTIONAL BOUNDARIES OF THE STATE OF TENNESSEE.

WHEREAS, Tenn. Code Ann. Section 12-9-104(a)(1) provides, in pertinent part, that "[a]ny power or powers, privileges or authority, exercised or capable of exercise by a public agency of this state, including those provided in Section 6-54-307, may be exercised and enjoyed jointly with any other public agency of this state having the power or powers, privilege or authority, and jointly with any public agency of any other state or the United States to the extent that the laws of such other state or of the United States permits such joint exercise or enjoyment."; and

WHEREAS, Section 4.12.090 of the Metropolitan Codes of Laws generally authorizes the purchasing agent to make purchases from the State Department of General Services and the federal government in accordance with Tenn. Code Ann. Section 12-3-1001(c), but does not presently authorize the purchasing agent to enter into purchasing or contracting cooperative agreements as set forth in Tenn. Code Ann. Section 12-9-104; and

WHEREAS, the purchasing agent feels that the Metropolitan Government would benefit from its participation in purchasing or contracting cooperatives with other governmental agencies and authorities outside the jurisdictional boundaries of the State of Tennessee.

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

SECTION 1: That Section 4.12.090 of the Metropolitan Code of Laws is hereby amended by adding a new subsection (E) that reads as follows:

The purchasing agent is authorized to enter into purchasing or contracting cooperatives with other governmental agencies and authorities outside the jurisdictional boundaries of the State of Tennessee, whether state or federal, to the extent permitted by Tenn. Code Ann. Section 12-9-104.

SECTION 2: That this Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County

Sponsored By: Eileen Beehan & Leo Waters