RESOLUTION NO. RS2011-1578

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, the Bordeaux Sanitary Landfill, the Thermal Ash Monofill, and the Composting and Mulch facility; 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 resolution by reference; and,

WHEREAS, BL2008-311 and BL2010-719 provide that “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. 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. Any further amendments to the Agreements may 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: Lonnell Matthews, Jim Hodge

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

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee Public Works Committee
Introduced:	March 15, 2011
Adopted:	March 15, 2011
Approved:	March 22, 2011
By: