A resolution appropriating one million seven hundred fifty thousand dollars ($1,750,000) from the reserve for council infrastructure account of the General Services District to the Department of Public Works to fund drainage activities, street paving activities, and sidewalk construction and repairs.

WHEREAS, Substitute Ordinance No. BL2001-707, the 2001-2001 budget ordinance adopted by the Metropolitan Council, appropriated $2 million dollars for the reserve for council infrastructure; and

WHEREAS, the council now desires to fund a portion of its infrastructure program as set out herein.

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

SECTION 1. That the sum of one million, seven hundred fifty thousand dollars ($1,750,000) is hereby appropriated from the reserve for council infrastructure account of the General Services District to a special account created by the director of finance to be used by the department of public works to fund the council infrastructure program which shall include drainage activities, street paving activities, and sidewalk construction and repairs. Said funds shall be expended only after the department of public works complies with all applicable requirements established by and as approved by a committee composed of the vice mayor, and chair of the budget and finance and public works committee of the council. Not more than fifty thousand dollars ($50,000) shall be expended in any one council district.

SECTION 2. All resolutions or parts thereof, in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed.

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: Vic Lineweaver, Jim Shulman, Edward Whitmore, Bob Bogen, Tony Derryberry, Don Knoch, Norma Hand, Jason Alexander, Lynn Williams, Amanda McClendon, Michael Kerstetter, Morris Haddox, Janis Sontany, Ron Nollner, Craig Jenkins, Lawrence Hart, James Dillard, Earl Campbell, Feller Brown, Bettye Balthrop, John Summers, Phil Ponder, Bruce Stanley, Saletta Holloway, John Summers, Ginger Hausser, David Briley, Michelle Arriola, Ron Turner, Ludye Wallace, Eileen Beehan, Brenda Gilmore, Ronnie Greer, Carolyn Baldwin Tucker

AMENDMENT NO. 1

TO

RESOLUTION NO. RS2002-920

Mr. President:

I move to amend Resolution No. RS2002-920 by amending Section 1 by deleting the following sentence:

"Said funds shall be expended only after the department of public works complies with all applicable requirements established by and as approved by a committee composed of the Vice Mayor, and chair of the Budget and Finance and Public Works Committees of the Council."

Sponsored By: Vic Lineweaver
Amendment Adopted: January 15, 2002

AMENDMENT NO. 2

TO

RESOLUTION NO. RS2002-920

Mr. President:
I move to amend Resolution No. RS2002-920 by amending Section 1 as follows:

1. By deleting the phrase "the sum of one million, seven hundred fifty thousand dollars ($1,750,000)," and placing in lieu thereof the phrase, "the sum of two million dollars ($2,000,000)."

2. By deleting the phrase "(n)ot more than fifty thousand dollars ($50,000) shall be expended in any one council district," and placing in lieu thereof the phrase, "(n)ot more than fifty-seven thousand one hundred forty-two dollars and 85/100 ($57,142.85) shall be expended in any one council district."

Sponsored By: Vic Lineweaver
Amendment Adopted: January 15, 2002

AMENDMENT NO. 3

TO

RESOLUTION NO. RS2002-920

Mr. President:
I move to amend Resolution No. RS2002-920 by inserting after the phrase "drainage activities," and before the phrase "street paving activities," wherein they appear in Section 1, the phrase "park equipment and activities,".

Sponsored By: James Dillard
Amendment Adopted: January 15, 2002

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee Public Works Committee
Introduced:	January 15, 2002
Amended:	January 15, 2002
Amended:	January 15, 2002
Amended:	January 15, 2002
Adopted:	January 15, 2002
Approved:	January 31, 2002
By:

ATTACHMENT

TO: Bill Purcell, Mayor
FROM: Karl Dean, Director of Law
DATE: January 29, 2002
SUBJECT: RS2002-920 and "Council Initiated Projects."

2001-2002 Operating Budget

On page 15 of the 2001-2002 Operating Budget, two million dollars ($2,000,000) was placed into "Reserve for Council Infrastructure." On page H-8 of the budget, it is noted that "reserves are subject to future appropriation;" that the "legal basis" for the Reserve for Council Infrastructure was "Council Discretion;" and that the activities of this reserve was for "Future Program to be Developed by Council."

RS2002-920

RS2002-920 attempts to appropriate the funds reserved for council infrastructure. In its original form, RS2002-920 appropriated one million, seven hundred fifty thousand dollars ($1,750,000) in equal portions of fifty thousand dollars ($50,000) to each councilmanic district for the "council infrastructure program which shall include drainage activities, street paving activities, and sidewalk construction and repairs." It included the sentence: "Said funds shall be expended only after the department of public works complies with all applicable requirements established by and as approved by a committee composed of the vice mayor, and chair of the budget and finance and public works committee of the council."

The Department of Law was of the opinion that this section was illegal because:

(1) Council lacks authority to direct the activities of the Department of Public Works via Council resolution and creation of a sub-committee. Council's authority to control public works is limited to that which it exercises through ordinance.

(2) Council cannot delegate its legislative authority to a sub-committee of Council. Council may only act as a body.
Amendment Number 1, removed this sub-committee provision.

Amendment Number 2 appropriated the full two million dollars ($2,000,000) at the share of $57,142.85 per councilmanic district.

Amendment Number 3 inserted "park equipment and activities" as an additional use to which these funds could be spent.

Analysis

As adopted, RS2002-920 does not vest control over the expenditure of government funds in individual council members. There is no authority in the Charter that permits an individual council member to exercise supervisory powers over the Department of Public Works. The power of the Council is collective. (e.g. Metropolitan Charter §§ 1.06 and 3.01 distribute the legislative power to the forty member council). The Charter specifically prohibits council members from holding any other elective or appointive office within the Metropolitan Government Metropolitan Charter§ 3.02. However, there is nothing in the Charter that prohibits an individual council member, or any citizen, from making a recommendation to the Department of Public Works as to the appropriateness of a specific project. Discretion, as to whether to undertake such project, still resides with the Department and not with the recommending party.

Amendment 3, which adds "park equipment and activities" as a possible target for expenditure of these funds is legally insufficient to permit the Department of Public Works to undertake such activities. Under the Charter, the Department of Public Works has authority and power over: (1) "[t]he design, construction, maintenance, repair and cleaning of roads, highways, streets, alleys, storm sewers, other public places, bridges, viaducts, and other related structures;" and (2) "[c]onstruction of capital improvement projects by its own employees, whenever so authorized or directed by ordinance or by the mayor." Metropolitan Charter § 8.402(a) and (d). The Board of Parks and Recreation ("Board") has authority over park equipment and activities. Metropolitan Charter § 11.1001 et seq.. The Department of Public Works has the authority to construct capital improvement projects anywhere in the jurisdiction of the Metropolitan Government (including parks), if so authorized or directed by ordinance or the mayor. This resolution is not authority for the Department of Public Works to construct capital improvement projects in parks. The mayor could direct such work be done. Pursuant to this Resolution, the Department of Public Works can construct capital improvements in parks only at the direction of the Mayor and after obtaining agreement of the Board.

CONCLUSION

RS2002-920 appropriates two million dollars for the construction of drainage, street and sidewalk improvements by the Department of Public Works. With additional direction and approvals (the Mayor and Board, respectively), the Department of Public Works may construct capital improvements in parks. There is nothing to prohibit the Department of Public Works from considering the recommendations made by the members of the Council for their districts.