An ordinance approving an amendment to the contract between the Metropolitan Government Of Nashville and Davidson County and the State of Tennessee Department of Correction and State Funding Board.

WHEREAS, the Metropolitan Government entered into a Grant Contract with the State of Tennessee Department of Correction and the State Funding Board on January 12, 1989; and,

WHEREAS, said Grant Contract was amended by the Metropolitan Government pursuant to Substitute Ordinance No. 090-1290 enacted August 22, 1990; and,

WHEREAS, the parties determined that the Amended and Restated Contract should be further amended by a First Amendment to the Amended and Restated Contract pursuant to Substitute Ordinance No. 91-1470 enacted February 21, 1991; and,

WHEREAS, on August 5, 1991 the parties executed a new document (the “Contract”) pursuant to Ordinance No 91-1470, incorporating the terms, covenants and conditions of the parties as expressed in the Original Grant Contract, the Amended and Restated Contract, and the First Amendment to the Amended and Restated Contract, for the purpose of issuing limited obligation bonds to finance construction of the Metropolitan Detention Facility located on the former DeBerry Detention Center site on Harding Place (referred to as the “New Facility” in the Contract) for housing convicted felons sentenced locally to Davidson County (“Locally Sentenced Felons”); and,

WHEREAS, on April 1, 1995, the parties executed an Addendum to the Contract establishing the reimbursement rate that the Tennessee Department of Correction would reimburse the Metropolitan Government for its cost of housing Locally Sentenced Felons at any of its facilities other than the Metropolitan Detention Facility as a result of the Metropolitan Government choosing to house all of its female inmates at the Metropolitan Detention Facilty; and,

WHEREAS, the State has assisted the Metropolitan Government by making funds available for detailed planning to meet the capacity needs of the Metropolitan Government and the State; and,

WHEREAS, a three hundred (300) cell male Offender Re-entry Center is scheduled to be substantially completed in October of 2004; and,

WHEREAS, a five hundred and twelve (512) cell bed female addition to the existing six hundred (600) male cell bed Correctional Development Complex is scheduled to be substantially completed by January of 2005; and,

WHEREAS, three hundred (300) male cell beds are projected to be added to the existing Criminal Justice Center in January of 2006; and,

WHEREAS, it may become necessary to provide temporary additional capacity to meet Metro’s present and anticipated jail needs while this construction is underway; and,

WHEREAS, the additional jail capacity may best be accomplished by the temporary relocation of locally sentenced felons otherwise housed in Metro facilities, as provided in the First Amendment to the Contract, attached hereto as Exhibit A; and,

WHEREAS, it is in the best interest of the Metropolitan Government that the First Amendment to the Contract be approved.

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

Section 1. That the First Amendment to the Contract with the State of Tennessee Department of Correction and the State Funding Board, a copy of which is attached hereto and incorporated herein, is approved, and the Metropolitan Mayor is authorized to execute the same.

Section 2. That this Ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Adam Dread, Brenda Gilmore

LEGISLATIVE HISTORY
Introduced:	April 20, 2004
Passed First Reading:	April 20, 2004
Referred to:	Budget & Finance Committee Public Safety Committee
Passed Second Reading:	May 18, 2004
Passed Third Reading:	June 1, 2004
Approved:	June 2, 2004
By: