RESOLUTION NO. RS2000-357

A resolution authorizing the Metropolitan Department of Law to settle a claim asserted by the State of Tennessee and to pay the State of Tennessee the amount of seven thousand one hundred and forty seven dollars and seventy six cents ($7,147.76).

Whereas, Resolution No. RS2000-235, enacted on June 6, 2000, appropriated the amount of one million, one hundred and sixty-eight thousand ($1,168,000.00) from the undesignated fund balance to the Department of Public Works for Project No. 00-M-608; and

Whereas, the Metropolitan Department of Law has negotiated a Consent Order and Agreement ("the Agreement") with the State of Tennessee, Department of Environment and Conservation regarding the investigation, removal and remediation of a certain hazardous substance site; and

Whereas, Paragraph F. "Oversight and Assistance Cost" of the Agreement requires the Metropolitan Government to pay the State of Tennessee the amount of seven thousand one hundred and forty seven dollars and seventy six cents ($7,147.76) for entry into the Voluntary Cleanup Oversight and Assistance Program and for costs incurred by the State of Tennessee incurred to date; and

Whereas, a copy of this Agreement is attached and incorporated by reference into this Resolution; and

Whereas, it is to the benefit of the Metropolitan Government to settle the claims asserted by the State of Tennessee to prevent future liability.

Now, therefore, be it resolved by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. The Metropolitan Department of Law is authorized to compromise and settle the claims of the State of Tennessee, Department of Environment and Conservation by entering into a Consent Order and Agreement for Project No. 00-M-608.

Section 2. The Metropolitan Government is authorized to pay the State of Tennessee, Department of Environment and Conservation the amount of seven thousand one hundred and forty seven dollars and seventy six cents ($7,147.76) for entry into the Voluntary Cleanup Oversight and Assistance Program and for costs incurred by the State of Tennessee incurred to date.

Section 3. This resolution shall take effect from and after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Don Knoch & Howard Gentry

LEGISLATIVE HISTORY

Referred to: Budget & Finance Committee
Introduced: September 19, 2000
Adopted: September 19, 2000
Approved: September 21, 2000
By: Mayor Bill Purcell