SUBSTITUTE RESOLUTION NO. RS2012-393

A resolution providing amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, in accordance with Article 19, Section 19.01, and setting forth a brief description of each amendment to be placed on the ballot.

WHEREAS, Article 19.01 of the Charter of The Metropolitan Government of Nashville and Davidson County, Tennessee, provides that the Metropolitan Government shall not adopt a resolution proposing amendments to the Charter more often than twice during the term of office of members of the Metropolitan Council; and

WHEREAS, Article 19, Section 19.01, also requires to be set forth in the adoption resolution a brief description of each amendment so worded so as to convey the meaning of said amendment; and

WHEREAS, it is the desire of the Metropolitan Council by adopting this resolution to fulfill these two Charter requirements.

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

Section 1. Pursuant to the provisions of Section 19.01 of the Charter of The Metropolitan Government of Nashville and Davidson County, the proposed amendments to the Charter of The Metropolitan Government of Nashville and Davidson County, attached hereto, are submitted to the people for approval in the manner provided by Section 19.01 of the Charter.

Section 2. The date prescribed for holding of the referendum election at which the electorate of the Metropolitan Government will vote to ratify or reject the amendments proposed in Section 1 of this Resolution shall be November 6, 2012.

Section 3. 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: Emily Evans

SUBSTITUTE AMENDMENT NO. __________

Article 8 of the Metropolitan Charter shall be amended as follows:

1. By amending Chapter 4 by deleting the phrase “storm sewers,” wherein it appears in Section 8.402.

2. By amending Chapter 5 by deleting the provisions of section 8.502 in their entirety and substituting with the following new provisions:

“Sec. 8.502. Functions.
The department of water and sewerage services shall be responsible for: (1) The construction, operation, and maintenance of all water and sanitary sewer facilities of the metropolitan government; (2) The construction, operation, and maintenance of stormwater facilities of the metropolitan government; (3) The collection of all charges for the services of such utilities; (4) Such other powers and duties as may be assigned to the department by ordinance.”

FOR THE BALLOT

Amendment No. _________

This amendment would remove “storm sewers” as a function within the department of public works, and would add “the construction, operation, and maintenance of stormwater facilities” as a function within the department of water and sewerage services.

Sponsored by: Emily Evans