RESOLUTION NO. RS2009-697

A resolution approving an Interlocal Agreement between The Metropolitan Government of Nashville and Davidson County and the Industrial Development Board of the Metropolitan Government for administrative, financial and legal services.

WHEREAS, The Metropolitan Government of Nashville and Davidson County ("Metropolitan Government") and the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County ("the Board."), have an interest in the economic development of the Metropolitan Government area; and,

WHEREAS, on May 5, 1959, the Metropolitan County Council of the Metropolitan Government adopted Resolution No. 59-1740 approving the certificate of incorporation of the Board; and,

WHEREAS, the Board is a public agency performing a public function pursuant to T.C.A. § 7-53-101, et. seq.(“the Act”); and,

WHEREAS, enumerated in the certificate of incorporation the Board has the power to employ and pay compensation to such employees and agents for the business of the Board; and,

WHEREAS, the Board’s longstanding legal counsel, who provided administrative and financial services for the Board, resigned on February 13, 2009; and,

WHEREAS, the Board does not currently maintain a staff of employees to administer its businesses and financial transactions or to provide legal counsel; and,

WHEREAS, the Metropolitan Government and the Board have agreed upon the terms of an interlocal agreement whereby the Metropolitan Government by and through the Director of the Mayor’s Office of Economic and Community Development, or his designee, agrees to provide administrative services; the Director of Finance, or his designee, agrees to provide financial services; and the Director of Law, or her designee, agrees to provide general legal services; and,

WHEREAS, Tennessee Code Annotated, Section 12-9-104, provides that public agencies in Tennessee have the authority to enter into interlocal agreements to achieve common objectives subject to the approval of their respective governing bodies by resolution or as otherwise provided by law; and,

WHEREAS, there has been presented with this resolution the Interlocal Agreement executed by the Board, which is the appropriate instrument to be executed and delivered for the purposes intended; and,

WHEREAS, it is to benefit the citizens of the Metropolitan Government that this Interlocal Agreement be approved.

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

Section 1. That the Interlocal Agreement by and between The Metropolitan Government of Nashville and Davidson County and the Industrial Development Board of The Metropolitan Government of Nashville and Davidson County for administrative, financial and legal services be and the same is hereby approved and the Metropolitan Mayor is hereby authorized to execute said Interlocal Agreement.

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

LEGISLATIVE HISTORY

Referred to: Budget & Finance Committee
Introduced: April 21, 2009
Adopted: April 21, 2009
Approved: April 23, 2009
By: