RESOLUTION NO. RS2012-308

A resolution approving three amendments to three 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 disposal facilities.

WHEREAS, The Metropolitan Government of Nashville and Davidson County (“the Metropolitan Government”) owns the Due West Dump Site (DSF 19-543), the Bordeaux Sanitary Landfill (SNL 19-0092), and the Thermal Ash Monofill, Phases II and III (IDL 19-0068), all of which are closed solid waste disposal facilities, maintained pursuant to three agreements (the “Agreements”) between the State of Tennessee, Department of Environment and Conservation (“TDEC”) and the Metropolitan Government; and,

WHEREAS, each agreement lists the “total penal sum” that TDEC may collect in the event the Metropolitan Government fails to properly perform its duties relative to the closed solid waste disposal facility; and,

WHEREAS, the three amendments to the Agreements, attached as Exhibit 1 and incorporated by reference, reduce the total penal sum in each agreement; and,

WHEREAS, BL2010-719 provides that amendments to the Agreements may be approved by resolution of the Metropolitan County Council with 21 or more affirmative votes; and,

WHEREAS, the approval of the three amendments is in the best interests of the citizens of the Metropolitan Government.

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

Section 1. The three amendments to the Agreements between the Metropolitan Government and TDEC, reducing the total penal sums, attached and incorporated by reference, are approved and the Mayor is authorized to execute the same.

Section 2. 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, Karen Bennett, Walter Hunt, Erica Gilmore

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee Public Works Committee
Introduced:	June 19, 2012
Adopted:	June 19, 2012
Approved:	June 20, 2012
By: