RESOLUTION NO. RS99-68

A resolution approving modifications to four agreements between and among the Metropolitan Government of Nashville and Davidson County; NEO Nashville, LLC; and MM Nashville Energy, LLC relating to the development and operation of a landfill gas collection system and a small electric power generating facility on the sites of the Bordeaux landfill and the Whites Creek wastewater treatment plant.

WHEREAS, pursuant to Ordinance No. 092-471, and Resolution No. R97-960, the Metropolitan Government entered into various agreements (the Bordeaux Landfill Gas Agreements) with MM Nashville Energy, LLC, and NEO Nashville, LLC relating to the development and operation of a landfill gas collection system and small electric power generating facility; and

WHEREAS, pursuant to Resolution No. R97-960, the Bordeaux Landfill Gas Agreements may be modified with approval of the Metropolitan Council by Resolution; and

WHEREAS, in accordance with the terms of the documents attached as Exhibits A, B, C and D and incorporated into this Resolution by reference, the Metropolitan Government, MM Nashville Energy, LLC, and NEO Nashville, LLC seek to modify the Bordeaux Landfill Gas Agreements to reflect changes necessitated by revised estimates of the amount of landfill gas available for collection and use in electric power generation; and

WHEREAS, the amendments to the Bordeaux Landfill Gas Agreements contemplated by this Resolution will benefit the citizens of Nashville by keeping the project economically viable.

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

SECTION 1. The Amendments to the Bordeaux Landfill Gas Agreements attached as Exhibits A, B, C and D, respectively, are hereby approved and the Metropolitan Mayor is authorized to execute them on behalf of the Metropolitan Government.

SECTION 2. Any further amendment to any of the Bordeaux Landfill Gas Agreements contemplated by this resolution must be approved by resolution of the Metropolitan Council receiving at least 21 affirmative votes.

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

Sponsored by: Don Majors

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee Public Works Committee
Introduced:	November 16, 1999
Adopted:	November 16, 1999
Approved:	November 18, 1999
By: