ORDINANCE NO. BL2008-311

An ordinance approving amendments to agreements between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of Environment and Conservation, concerning maintenance of closed solid waste facilities.

WHEREAS, the Metropolitan Government owns and pursuant to agreements (the “Agreements”) with the State of Tennessee, Department of Environment and Conservation, is responsible for the maintenance of closed solid waste facilities known as the Due West Superfund site, the Thermal Ash disposal site and expansion, the Bordeaux sanitary landfill and the Composting and Mulch facility; and

WHEREAS, pursuant to the terms of the Agreements, the Metropolitan Government is required to provide assurance of financial responsibility for its solid waste facility maintenance duties; and

WHEREAS, the required financial assurance levels have increased as a result of inflation, necessitating modification of the Agreements pursuant to the terms of the amendments attached as Exhibit 1 and incorporated into this ordinance by reference; and

WHEREAS, the approval of the amendments (Exhibit 1) is in the best interests of the citizens of Nashville and Davidson County.

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

SECTION 1. The amendments to the Agreements between the Metropolitan Government and the State of Tennessee, Department of Environment and Conservation (Exhibit 1) are hereby approved and the Director of Public Works or his designee is authorized to execute the amendments on behalf of the Metropolitan Government.
SECTION 2. Any further amendments to the Agreements may be approved by resolution of the Metropolitan Council receiving at least 21 affirmative votes.

SECTION 3. This ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jim Forkum, Parker Toler

Attachment(s) on file in the Metropolitan Clerk's Office

LEGISLATIVE HISTORY
Introduced:	October 7, 2008
Passed First Reading:	October 7, 2008
Referred to:	Budget & Finance Committee Public Works Committee
Passed Second Reading:	October 21, 2008
Passed Third Reading:	November 18, 2008
Approved:	November 24, 2008
By: