RESOLUTION NO. RS2008-532

A resolution approving a Second Amendment to a grant contract between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee Department of Correction and State Funding Board.

WHEREAS, the Metropolitan Government entered into a Grant Contract with the State of Tennessee Department of Correction and the State Funding Board on January 12, 1989; and,

WHEREAS, said Grant Contract was amended by the Metropolitan Government pursuant to Substitute Ordinance No. 090-1290 enacted August 22, 1990; and,

WHEREAS, the parties determined that the Amended and Restated Contract should be further amended by a First Amendment to the Amended and Restated Contract pursuant to Substitute Ordinance No. 91-1470 enacted February 21, 1991; and,

WHEREAS, on August 5, 1991 the parties executed a new document (the “Contract”) pursuant to Ordinance No 91-1470, incorporating the terms, covenants and conditions of the parties as expressed in the Original Grant Contract, the Amended and Restated Contract, and the First Amendment to the Amended and Restated Contract, for the purpose of issuing limited obligation bonds to finance construction of the Metropolitan Detention Facility located on the former DeBerry Detention Center site on Harding Place (referred to as the “New Facility” in the Contract) for housing convicted felons sentenced locally to Davidson County (“Locally Sentenced Felons”); and,

WHEREAS, on April 1, 1995, the parties executed an Addendum to the Contract establishing the reimbursement rate that the Tennessee Department of Correction would reimburse the Metropolitan Government for its cost of housing Locally Sentenced Felons at any of its facilities other than the Metropolitan Detention Facility as a result of the Metropolitan Government choosing to house all of its female inmates at the Metropolitan Detention Facility; and,

WHEREAS, the parties determined that the Contract should be further amended by a First Amendment to the Contract dated June 2, 2004; and,

WHEREAS, the State has now awarded the Metropolitan Government a First Additional Grant, in an amount not to exceed $10,275,000, to fund construction of additional facilities; and,

WHEREAS, a Second Amendment to the Contract is needed in order to incorporate the First Additional Grant and to apply the terms of the Contract to the additional facilities that will be constructed pursuant to the First Additional Grant; and,

WHEREAS, Tennessee Code Annotated Section 12-9-104 provides that intergovernmental agreements between political subdivisions of the State and agencies of the United States may be approved by Resolution; and,

WHEREAS, Metropolitan Council Ordinance No. BL2002-1186 provides that grant contracts may be approved by Resolution; thus, amendments to grant contracts may be approved by Resolution; and,

WHEREAS, it is in the interest of the citizens of The Metropolitan Government of Nashville and Davidson County that the Second Amendment to the Contract be approved.

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

Section 1. That the Second Amendment to the Contract with the State of Tennessee Department of Correction and the State Funding Board, a copy of which is attached hereto and incorporated herein, is approved, and the Metropolitan Mayor is authorized to execute the same.

Section 2. That this Resolution shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jim Forkum, Karen Bennett, Vivian Wilhoite

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

LEGISLATIVE HISTORY
Referred:
Introduced:	November 6, 2008
Adopted:	November 6, 2008
Approved:	November 7, 2008
By: