RESOLUTION NO. RS2009-978

A resolution approving amendments to agreements between The Metropolitan Government of Nashville and Davidson County and the State of Tennessee, Department of Environment and Conservation, concerning maintenance of closed solid waste facilities.

WHEREAS, the Metropolitan Government owns and pursuant to agreements (the “Agreements”) with the State of Tennessee, Department of Environment and Conservation, is responsible for the maintenance of closed solid waste facilities known as the Due West Superfund site and the Bordeaux sanitary landfill; and,

WHEREAS, pursuant to the terms of the Agreements, the Metropolitan Government is required to provide assurance of financial responsibility for its solid waste facility maintenance duties; and,

WHEREAS, the required financial assurance levels have to be adjusted as a result of inflation and/or reductions in post-closure costs, necessitating modification of the Agreements pursuant to the terms of the amendments attached as Exhibit 1 and incorporated into this ordinance by reference; and,

WHEREAS, Section 2 of BL2008-311, the ordinance approving the 2008 amendments to these agreements provided, “Any further amendments to the Agreements may be approved by resolution of the Metropolitan Council receiving at least 21 affirmative votes”; and,

WHEREAS, the approval of the amendments (Exhibit 1) is in the best interests of the citizens of Nashville and Davidson County.

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

Section 1. That the amendments to the Agreements between the Metropolitan Government and the State of Tennessee, Department of Environment and Conservation (Exhibit 1) are hereby approved and the Director of Public Works or his designee is authorized to execute the amendments on behalf of the Metropolitan Government.

Section 2. That any further amendments to the agreements may be approved by resolution of the Metropolitan Council receiving at least 21 affirmative votes

Section 3. That 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: Ronnie Steine, Walter Hunt

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

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee Public Works Committee
Introduced:	October 6, 2009
Adopted:	October 6, 2009
Approved:	October 8, 2009
By: