ORDINANCE NO. BL2009-549

An ordinance approving a new contract in lieu of performance bond between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of Environment and Conservation, for the maintenance of the closed, Thermal Ash Monofill solid waste facility, combining the previously separated Thermal Ash Landfill Phase II and Thermal Ash Landfill Phase III contracts in lieu of performance bonds into one contract.

WHEREAS, The Metropolitan Government of Nashville and Davidson County owns and, pursuant to prior agreements with the State of Tennessee, Department of Environment and Conservation, is responsible for the maintenance of the closed solid waste facilities previously known as the Thermal Ash Landfill Phase II, dated February 9, 1993, a copy of said prior agreement is attached hereto as Exhibit 1, and the Thermal Ash Landfill Phase III, date February 14, 1997, a copy of said prior agreement is attached hereto as Exhibit 2. Each of these agreements have been amended multiple times; and,

WHEREAS, The Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of Environment and Conservation, are in agreement that Contracts in Lieu of Performance Bonds for the Thermal Ash Landfill Phase II and the Thermal Ash Landfill Phase III should be combined and, together with all their amendments, replaced by a single Contract in Lieu of Performance Bond for the entire Thermal Ash Monofill, a copy of which is attached hereto as Exhibit 3; and,

WHEREAS, The Metropolitan Government of Nashville and Davidson County is required to provide assurance of financial responsibility for its solid waste facility maintenance duties, and such financial assurance levels have to be adjusted annually as a result of inflation and/or reductions in post-closure costs; and,

WHEREAS, the combination of the two contracts into one and the replacement of the old contracts, as amended, with the new combined contract will assist the Metropolitan Department of Public Works in ascertaining and monitoring the correct annual adjustment amounts for the required financial assurance for the landfill; and,

WHEREAS, approval of the agreement 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 new contract in lieu of performance bond between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of Environment and Conservation, concerning the combined Thermal Ash Monofill, a copy of which is attached hereto as Exhibit 3, is hereby approved, and the Director of Public Works, or his designee, is authorized to execute the agreement on behalf of the Metropolitan Government.

Section 2. That this new agreement, combining the previously separated Thermal Ash Landfill Phase II and Thermal Ash Landfill Phase III into the Thermal Ash Monofill, supersedes the previous Contract in Lieu of Performance Bond for the Thermal Ash Landfill Phase II dated February 9, 1993 (Exhibit 1) and any amendments made thereto and the previous Contract in Lieu of Performance Bond for the Thermal Ash Landfill Phase III dated February 14, 1997 (Exhibit 2) and any amendments made thereto. Exhibits 1 and 2, together with all their amendments, are thus hereby rescinded, and Exhibit 3, as approved above in Section 1, is substituted therefor.

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: Ronnie Steine, Walter Hunt

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

LEGISLATIVE HISTORY
Introduced:	October 6, 2009
Passed First Reading:	October 6, 2009
Referred to:	Budget Finance Committee Public Works Committee
Passed Second Reading:	October 20, 2009
Passed Third Reading:	November 17, 2009
Approved:	November 19, 2009
By: