RESOLUTION NO. RS2015-1360

A resolution recognizing the termination of the grant approved by Resolution No. RS2013-756 from the State of Tennessee, Department of Environment and Conservation to The Metropolitan Government of Nashville and Davidson County for the purpose of collecting and disposing of waste tires, and instead appropriating $48,882.22 to be remitted by the State of Tennessee pursuant to T.C.A. § 67-4-1610 to the Department of Public Works for the processing and beneficial end use of waste tires.

WHEREAS, Resolution No. RS2013-756 approved a grant agreement with the State of Tennessee, Department of Environment and Conservation (TDEC) for the purpose of collecting and disposing of waste tires pursuant to the Solid Waste Management Act of 1991, Tenn. Code Ann. 68-211-801 et seq., (the Grant Contract) for a term of July 1, 2013 through June 30, 2015; and,

WHEREAS, Section 2 of Resolution No. RS2013-756 further provided, “that the amount of this grant is hereby appropriated to the Department of Public Works in the current fiscal year budget, based on the revenues estimated to be received and any match to be applied . . . . ”; and,

WHEREAS, the amount of the estimated appropriation based on the authority conveyed in Section 2 of RS2013-756 was based on the assumption that the Grant Contract would continue for its full two-year term ending on June 30, 2015; and,

WHEREAS, the subsequent passage of Chapter 457 of the 2013 Tennessee Public Acts amended Tenn. Code Ann. 67-4-1610 modified the funding mechanism relative to grants from TDEC to counties for the processing of waste tires; and,

WHEREAS, by letter dated April 21, 2014, TDEC exercised its right to terminate the Grant Contract for convenience, and provided timely notice that the Grant Contract would be terminated effective June 30, 2014; and,

WHEREAS, Tenn. Code Ann. 67-4-1610 as amended in Chapter 457 provides for the state Commissioner of Revenue to remit $1.00 of the tire predisposal fee for each tire sold to the county in which that tire was sold to be used for beneficial end use of waste tires; and,

WHEREAS, in a letter dated October 20, 2014, a copy of which is attached hereto as Exhibit A, TDEC, pursuant to Tenn. Code Ann. 67-4-1610, now proposes to remit the amount of $48,882.22 to The Metropolitan Government of Nashville and Davidson County, Tennessee, based on predisposal fees received by the Commissioner of Revenue for tires sold within the county after July 1, 2014; and,

WHEREAS, it is to the benefit of the citizens of the Metropolitan Government of Nashville and Davidson County that this $49,882.22 amount be appropriated to the Department of Public Works, for the processing and beneficial end use of waste tires.

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

Section 1. That the Metropolitan Council recognizes and acknowledges the termination of the grant approved by Resolution No. RS2013-756 from the State of Tennessee, Department of Environment and Conservation to The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Public Works, for the purpose of collecting and disposing of waste tires.

Section 2. That the amount of $48,882.22 referenced in Exhibit A, hereto, to be remitted by the State of Tennessee pursuant to Tenn. Code Ann. 67-4-1610 to The Metropolitan Government, is hereby appropriated to the Department of Public Works for beneficial end use of waste tires in accordance with Tenn. Code Ann. 68-211-897.

Section 3. That this resolution shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Bill Pridemore, Anthony Davis

If you would like a copy of the attachment to any ordinance or resolution, please email your request to the Metro Clerk's Office at metro.clerk@nashville.gov

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee Public Works Committee
Introduced:	January 20, 2015
Adopted:	January 20, 2015
Approved:	January 27, 2015
By: