RESOLUTION NO. RS2011-5

A resolution waiving, releasing and disclaiming the Metropolitan Government’s interest in unpaid fines and court costs assessed by the City of Lakewood city court for violations of City of Lakewood traffic ordinances.

WHEREAS, pursuant to a referendum held on March 15, 2011, the City of Lakewood (“Lakewood”) surrendered its charter on or about May 28, 2011; and,

WHEREAS, prior to May 28, 2011, Lakewood had adopted and was enforcing traffic ordinances with respect to fines and costs that differed from those of the Metropolitan Government and that in some instances may not have been consistent with the governing laws of the State of Tennessee; and,

WHEREAS, from time to time prior to May 28, 2011, the Lakewood city court tried cases brought by Lakewood on citations issued by Lakewood police officers for violations of Lakewood’s traffic ordinances, assessing fines and other costs (collectively the “Fines”) against defendants found guilty; and,

WHEREAS, Lakewood reported unpaid Fines to the State of Tennessee, resulting in the suspensions of numerous driver licenses; and,

WHEREAS, pursuant to Resolution No. 2011-1635, the Metropolitan Council approved an intergovernmental agreement between the Metropolitan Government and the City of Lakewood under which the Metropolitan Government assumed ownership of the City of Lakewood’s assets and responsibility for most of the City of Lakewood’s liabilities; and,

WHEREAS, to the extent that the Fines are assets which the Metropolitan Government assumed under Resolution No. 2011-1635, the costs that would be incurred by the Metropolitan Government in collecting the Fines will likely exceed the revenue that reasonably could be collected; and,

WHEREAS, waiving, releasing and disclaiming the Metropolitan Government’s interest in collecting the Fines will remove an impediment to the reinstatement of currently suspended driver licenses; and,

WHEREAS, after investigation, the Department of Law believes that the waiver, release and disclaiming of the Fines is in the best interest of the Metropolitan Government.

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

Section 1: That the Metropolitan Government’s interest in unpaid fines and other costs assessed by the Lakewood city court for violations of Lakewood traffic ordinances prior to the surrender of Lakewood’s charter is hereby waived, released and disclaimed.

Section 2: 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: Darren Jernigan, Sean McGuire

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee
Introduced:	October 4, 2011
Adopted:	October 4, 2011
Approved:	October 6, 2011
By: