RESOLUTION NO. RS2003-59

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact enabling legislation that would allow the Metropolitan Government to create a Community Environmental Court.

WHEREAS, Chapter 15 of Title 16 of the Tennessee Code Annotated provides for the establishment and jurisdiction of the Courts of General Sessions; and

WHEREAS, the General Sessions Courts currently have the general jurisdiction to try and dispose of violations of all municipal ordinances; and

WHEREAS, State law currently does not expressly provide for the establishment of Community Environmental Courts, whose sole function would be to try and dispose of environmental codes violations at the community level; and

WHEREAS, an environmental court that addressed the needs of the citizens of Nashville and Davidson County on a community level would provide easier access to the courts and would help dispose of environmental codes violations in a more expedited manner; and

WHEREAS, it is fitting and proper that the Metropolitan Government have the authority to establish a Community Environmental Court that would meet in each of the four quadrants of the area of the Metropolitan Government, and to confer specific jurisdiction on such Community Environmental Court to try and dispose of environmental codes violations.

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

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact enabling legislation that would allow the Metropolitan Government to create a Community Environmental Court to be housed in each of the four quadrants of the area of the Metropolitan Government, and to confer specific jurisdiction upon such a court to try and dispose of environmental code violations.

Section 2. That the Metropolitan Clerk is directed to send a certified copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. That 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: Brenda Gilmore