October 4 2011 Mayor/Alderman Meeting

DRAFT

Page 1 of 1

AGENDA Public Hearing of the Board of Mayor and Aldermen

October 4, 2011 6:30 p.m.

• Call public hearing to order. ORDER OF BUSINESS 1. Ordinance #2011-21 - An Ordinance Granting a Gas Franchise to Piedmont

Natural Gas Company, Inc. 2. Ordinance #2011-22 - An Ordinance to Amend the 2010-2011 Fiscal Year

General Fund Budget. 3. Ordinance #2011-27 - An Ordinance to Amend the Five Year Capital Plan and the

Fiscal Year 2011-2012 Water and Sewer Fund Budget to Add the Assistant Public Works Director Position.

Adjourn

DRAFT

Page 1 of 4

ORDINANCE #2011-21 AN ORDINANCE GRANTING A GAS FRANCHISE TO PIEDMONT NATURAL GAS COMPANY, INC.

BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF LA VERGNE as follows: I. DEFINITIONS

1.01 As used in this Ordinance, the following terms, words and phrases shall have the meanings respectively ascribed to them in this section:

"Company" shall mean Piedmont Natural Gas Company, Inc., a corporation organized under the laws of the State of North Carolina and authorized to do business in the State of Tennessee, and any successor in interest to Piedmont Natural Gas Company, Inc. under this franchise Ordinance.

"City" or "City of La Vergne" shall mean:

The City of La Vergne, a municipal corporation located in Rutherford County, Tennessee,

The area within the territorial City limits of the City of La Vergne and within the extraterritorial area surrounding the City to the extent it may be lawfully included as presently or hereafter fixed by law or ordinance, or

The Board of Mayor and Alderman of the City of La Vergne or any officer or agent duly authorized in acting on behalf of the City as a municipal corporation, as indicated by the context by which the term is used;

"Board of Mayor and Alderman" shall mean the governing body of the City of La Vergne;

"Gas" when used as an unqualified term shall mean either natural or artificial gas, by whatever process or processes derived or manufactured, or both such gases either separately or a mixture of them.

“Franchise fee” shall mean the fee that may be established pursuant to paragraph

2.09. II. FRANCHISE GRANTED

2.01 The Company is hereby granted the right to construct, operate and maintain a gas utilities system within the City for production, transmission, distribution and sale of gas to consumers and users within the City and to the City and any and all agencies and

DRAFT

Page 2 of 4

departments thereof.

2.02 The Company is hereby granted the right, authority and privilege to construct and install, operate, maintain, lay or relay, renew, replace and repair gas pipes, mains, pipelines, conduits, regulators, connections and services thereto, in, through, across, along and under streets, avenues, roads, public alleys, lanes, parks and squares, and other public places and ways in the City for the production, pumping, handling, transmission, distribution and sale of gas for any and all purposes, subject to the terms and conditions hereinafter set forth in this Ordinance.

2.03 Whenever the Company wishes to enter upon any street, lane or public place for the purpose of constructing, replacing or repairing any gas mains, pipes, or other appliances, it shall notify the City, file a plan or map of the proposed work, if practicable, and comply with all provisions of any ordinances related to utility excavations in City right-of-way before commencing same. Whenever the Company causes any opening, excavation or alteration to be made in any street, lane or public place within the City in the construction, operation or maintenance of any of its pipelines or other appliances owned or used by it, the Company shall repair and restore such portions of such streets, lanes or public places to the same condition in which it found them as nearly as practicable. Additionally, if the Company shall fail to restore the area to its approximate former condition within a reasonable period of time no less than thirty working days after notification by the City, the City shall proceed to restore such streets, lanes and public places as nearly as practicable to their original condition and the City shall submit a statement of the costs for this restoration to the Company. The Company agrees to pay the City for these costs within thirty days.

2.03.1 Whenever the Company shall cause any opening, excavation or

alteration to be made in any street, lane or public place within the City in the construction, operation or maintenance of any of its pipelines or other appliances owned or used by it, the Company shall comply with all safety regulations required by federal, state and local laws.

2.04 In the event it becomes necessary or expedient for the City to change the course or grade of any street, lane or public place in which the Company is maintaining gas mains, pipes or other appliances and fixtures, upon the written request of the City, the Company will remove or change the location or depth of such main, pipes or other appliances and fixtures, at its own expense, as necessary to conform to the proposed street alteration.

2.05 This franchise is granted for a term of fifteen years beginning October 1, 2011 and ending at midnight October 1, 2026. This franchise supersedes any and all former rights or franchises of the Company to operate a gas utilities system in the City with respect to all acts and things done or admitted to be done, on or after October 1, 2011.

2.06 The Company hereby agrees to indemnify, defend, and hold harmless the

City, its elected officials, officers, boards, commissions, and employees, against any and all claims and liabilities arising from the Company, and its assignees or licensees, activities or Gas System, including reasonable attorneys fees and court costs.

DRAFT

Page 3 of 4

2.07 The Company shall not be obligated to the City or any of its departments or

agencies for any tax, license fee, other fee, or any other payment whatsoever, relating to the rights granted herein, other than that which is levied by state law.

2.08 The Company is hereby granted the right during the existence of this franchise to mortgage or hypothecate this franchise, together with all rights and privileges there under and any right or interest therein, as security for indebtedness, subject to acceptance by any legal successor in interest of the obligations, duties, liabilities, limitations and prohibitions set out herein and subject to the approval by the Tennessee Regulatory Authority or other governmental agency whose approval is required by law. The Company shall not assign or transfer its rights under this agreement, provided, however, that this provision shall not prohibit the Company from assigning its rights hereunder to the surviving corporation in any corporate reorganization in which the Company is a party.

2.09 The City may, at any time after the adoption of this ordinance, impose a

franchise fee equal to, or less than, three percent (3%) of the annual gross revenues collected from all customers who are located and provided service by the Company within the geographical areas identified on Exhibit A. In the event the City elects to impose a franchise fee pursuant to this ordinance, the City shall give the Company ninety (90) days prior notice before final adoption of the ordinance establishing the franchise fee. Payment of such fee and the recovery thereof by the Company shall be pursuant to Tenn. Code Ann. Section 65-4-105(e). III. ACCEPTANCE OF FRANCHISE

This Ordinance shall be submitted to the Tennessee Regulatory Authority pursuant to Tenn. Code Ann. Section 65-4-107 for approval and shall take effect from the day and date of its passage, but only after it has been accepted in all its terms and revisions by the Company, in writing, within sixty days after its passage; otherwise, the same shall be null and void and of no effect. PIEDMONT NATURAL GAS COMPANY, INC.

BY: ___________________________________ Senior Vice President - Utility Operations

ATTEST: ___________________________________________ Vice President, General Counsel, Corporate Secretary and Chief Compliance Officer

DRAFT

Page 4 of 4

CITY OF LA VERGNE

BY: ______________________________ Mayor

ATTEST: _________________________ City Recorder (City Seal) STATE OF TENNESSEE ) ) COUNTY OF _____________ ) This is to certify that on the ___________ day of _________, 2011, before me came Michael H. Yount, with whom I am personally acquainted, who, being by me duly sworn, says that he is the Senior Vice President - Utility Operations of Piedmont Natural Gas Company, Inc., and Jane R. Lewis-Raymond, with whom I am personally acquainted, who, being by me duly sworn, says that she is the Vice President, General Counsel, Corporate Secretary and Chief Compliance Officer of Piedmont Natural Gas Company, Inc.; that the Senior Vice President - Utility Operations and Vice President, General Counsel, Corporate Secretary and Chief Compliance Officer subscribed their names thereto, and the Company's corporate seal was affixed, all with the consent of the Board of Directors of the Company. Witness my hand and official seal, this the ___________ day of _____________, 2011. ___________________________

Notary Public My Commission expires: _____________________

DRAFTORDINANCE #2011-22

AN ORDINANCE TO AMEND THE 2010-2011 FISCAL YEAR GENERAL FUND BUDGET. BE IT ORDAINED By the Board of Mayor and Aldermen of the City of La Vergne as follows: The 2010-2011 Budget is hereby amended for the General Fund by providing for: Increased Revenue for account number:

36691 Grant - THDA $ 40,301 Total Increased Revenues $ 40,301

Increased Expenditures for account numbers:

44300 Culture $ 40,301 42200 Fire Protection $ 2,500 Total Increased Expenditures $ 42,801

Total Fund Uses

Total Fund Balance/Uses Decrease $ 2,500 THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER THE DATE OF FINAL PASSAGE, THE PUBLIC WELFARE REQUIRING IT.

LEGAL STATUS PROVISIONS Approved by the Mayor and Board of Aldermen: ________________ 1st Reading _____________________________________ ________________ Senna Mosley, Mayor 2nd Reading ATTEST: ________________ Public Hearing _____________________________________ Bruce E. Richardson, City Recorder Published in the Daily News Journal on ________________________.


AN ORDINANCE TO AMEND THE FIVE YEAR CAPITAL PLAN AND THE FISCAL YEAR 2011-2012 WATER AND SEWER FUND BUDGET TO ADD THE ASSISTANT PUBLIC WORKS DIRECTOR POSITION. BE IT ORDAINED By the Board of Mayor and Aldermen of the City of La Vergne as follows: SECTION 1. The 2011-2012 Budget is hereby amended for the Water and Sewer

Fund by providing for: Increased Expenditure for account numbers: 52300 Water Maintenance $ 62,000 Total Fund Uses Total Fund Balance/Uses Decrease $ 62,000 SECTION 2. The Five Year Water and Sewer Capital Plan be amended as shown

in Exhibit “A”, which is incorporated by reference as if fully set out herein.

THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER THE DATE OF FINAL PASSAGE, THE PUBLIC WELFARE REQUIRING IT.

LEGAL STATUS PROVISIONS Approved by the Mayor and Board of Aldermen: ________________ 1st Reading _____________________________________ ________________ Senna Mosley, Mayor 2nd Reading ________________ ATTEST: Public Hearing _____________________________________ Bruce E. Richardson, City Recorder Published in the Daily News Journal on ________________________.

DRAFTEXHIBIT "A" CITY OF LA VERGNE 5- 10 YEAR CAPITAL PLAN Amended

ITEM TYPE OF IMPROVEMENT FISCAL FISCAL FISCAL FISCAL FISCAL FISCAL FISCAL FISCAL FISCAL FISCALYEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR TOTAL

2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21

WATER1 Water Treatment Plant 635,000 635,000 0 0 0 0 1,270,0002 Filter Cells 75,000 75,000 150,0003 Small Dia Replace 0 795,000 846,000 678,000 632,000 0 2,951,0004 24" Wtr Line Stones River Rd 0 1,650,000 1,650,000 0 0 0 3,300,0005 18" Wtr Line near Stones Rvr Roundabout 0 0 0 750,000 0 0 750,0006 Water Storage Tanks 0 0 2,000,000 2,000,000 0 0 4,000,0007 Pump Station Waldron Rd 0 0 0 700,000 0 0 700,0008 12" Water Line Blair Rd 0 0 0 0 825,000 0 825,0009 Emerg Supp Conn Smyrna 0 500,000 0 0 0 0 500,000

10 Corps of Engineer Acreage 0 2,100,000 0 0 0 0 2,100,00011 PPE all PW Employees 8,500 8,50012 OSHA Train all PW Emp 12,500 12,50013 Certified Safety Officer/Trainee 014 Planner 015 Con Sp Teck Trng W/S 10,000 10,00016 Public Works Asst. Director / Planner / Safety Cordinator 62,000 63,860 65,776 67,749 69,782 71,875 74,031 76,252 78,540 80,896 710,76117 Vehicle Warning Dev & Markings 20,000 20,000

SEWER18 Fergus, Hollandale,Hurricane Creek, other Rehabilitation 575,000 575,000 200,000 575,000 0 0 1,925,00019 Flow Monitoring 30,000 0 0 0 0 0 30,00020 Mc Farland odor Control 40,000 0 0 0 0 0 40,00021 Solid Disposal System 30,000 0 0 0 0 0 30,00022 Interstate PS 100,000 100,000 0 0 0 0 200,00023 Misc, Master Plan 125,000 125,000 125,000 125,000 125,000 0 625,00024 MWS Flow Meter Electronics 25,000 75,000 25,000 0 0 0 125,00025 Waters Edge, Hickory Springs PS Rehab 150,000 150,000 70,000 0 0 0 370,00026 General Sewer Rehab 300,000 300,000 300,000 300,000 300,000 0 1,500,00027 General PS Rehab 170,000 170,000 170,000 170,000 170,000 0 850,00028 Laborer 3 Camera Trk Operator 0 51,500 53,045 54,636 56,275 57,964 59,703 61,494 63,339 65,239 523,194

TOTAL 2,293,000 7,365,360 5,579,821 5,420,385 2,178,057 129,839 133,734 137,746 141,878 146,135 23,525,954

September 6, 2011

DRAFT

Page 1 of 3

AGENDA Board of Mayor and Aldermen

October 4, 2011 Regular Meeting @ 7:00 p.m. • Call meeting to order. • Determine quorum. • Prayer by Mayor Mosley. • Pledge of Allegiance by Alderman Green. ORDER OF BUSINESS 1. Approve Minutes: September 6, 2011 Regular Meeting. 2. Department Reports:

A. Fire B. Police C. Rescue D. Codes E. Parks & Recreation F. Finance G. Library H. Water Treatment Plant I. Public Works

3. Presentations:

A. Certificate of Appreciation - Employee of the Month for October. B. Presentation of Donation from the Firehouse Subs Public Safety Foundation.

OLD BUSINESS 4. Second Reading - Ordinance #2011-21 - An Ordinance Granting a Gas Franchise to

Piedmont Natural Gas Company, Inc. 5. Second Reading - Ordinance #2011-22 - An Ordinance to Amend the 2010-2011

Fiscal Year General Fund Budget. 6. Second Reading - Ordinance #2011-23 - An Ordinance to Establish a Property Tax

Relief Program to Benefit the Elderly Low Income Taxpayers, Totally and Permanently Disabled Taxpayers and Disabled Veteran Taxpayers.

7. Second Reading - Ordinance #2011-24 - An Ordinance to Amend Title 14, Chapter 3

of the La Vergne Municipal Code Regarding Grading, Soil Erosion and Sedimentation Control. (A favorable recommendation was made by the Stormwater Appeals and Advisory Board on August 18, 2011.)

DRAFT

Page 2 of 3

8. Second Reading - Ordinance #2011-25 - An Ordinance to Amend Title 14, Chapter 6 of the La Vergne Municipal Code Regarding Stormwater Management. (A favorable recommendation was made by the Stormwater Appeals and Advisory Board on August 18, 2011.)

9. Second Reading - Ordinance #2011-26 - An Ordinance to Amend the La Vergne

Municipal Code Regarding the Removal of Board and Committee Members. 10. Second Reading - Ordinance #2011-27 - An Ordinance to Amend the Five Year

Capital Plan and the Fiscal Year 2011-2012 Water and Sewer Fund Budget to Add the Assistant Public Works Director Position.

11. Motion to Approve Bid for the Warning System. CONSENT AGENDA - (All items under the Consent Agenda are deemed to be non-controversial and routine in nature by the governing body. They will be approved by one motion of the governing body. The items on the Consent Agenda will not be discussed.) 12. Consent Agenda Items:

A. Approve Recommendations for City Bids and Purchases: 1) State Bid Pricing - Road Salt.

B. Approve Right-of-Way Easement with Middle Tennessee Electric Membership Corporation for a Proposed Anchor Relocation for the Hurricane Creek Greenway Project on Blake Moore Drive.

C. Approve a Grant Contract Between the State of Tennessee, Department of Military, Tennessee Emergency Management Agency and the City of La Vergne for the Provision of Pass-Through Funding for the Administration and Completion of an Approved Hazard Mitigation Plan Project for the Home Buyout at 172 Parrish Street, La Vergne, TN.

D. Accept Grant Donation from the Firehouse Subs Public Safety Foundation. NEW BUSINESS 13. Motion to Appoint Board Members:

A. Board of Zoning Appeals. (One term is vacant.) 14. First Reading - Ordinance #2011-28 - An Ordinance to Amend the 2010-2011 Fiscal

Year General Fund Budget. 15. First Reading - Ordinance #2011-29 - An Ordinance to Amend Title 7 of the

La Vergne Municipal Code by Adding Fireworks Regulations. 16. Resolution #2011-22 - A Resolution to Adopt a Debt Policy as Required by the

Tennessee State Funding Board.

DRAFT

Page 3 of 3

17. Resolution #2011-23 - A Resolution to Accept Woodsong Subdivision, Sections 1, 2 and 3. (Received an unfavorable recommendation from the Planning Commission on September 27, 2011.)

18. Resolution #2011-24 - A Resolution to Accept Brookside Subdivision, Phase 1.

(Received a favorable recommendation from the Planning Commission on September 27, 2011.)

19. Resolution #2011-25 - A Resolution to Accept Cedar Grove Estates, Sections 1 and

2. (Received a favorable recommendation from the Planning Commission on September 27, 2011.)

20. Motion to Approve a Proposal for Engineering Services from Griggs & Maloney for

the Waldron Road Pumping Station Project. 21. Motion to Approve a Proposal for Engineering Services from Griggs & Maloney to

Extend the 24” Water Main from the Roundabout on Stones River Road to the Water Treatment Plant.

22. Motion to Approve a One Year Contract Extension for the Water Treatment Plant

Operations Agreement with Severn Trent Services. 23. Motion to Adopt the TDOT Local Government Guidelines Form 1-2 Entitled

“Consultant Selection Policy for Projects Funded in Whole or in Part with Funds Provided by the Federal Highway Administration or the Tennessee Department of Transportation.”

MAYOR / ALDERMEN COMMENTS ADJOURN

DRAFTMINUTES OF THE REGULAR MEETING OF THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF LA VERGNE, TENNESSEE HELD ON SEPTEMBER 6, 2011 AT LA VERGNE CITY HALL, LA VERGNE, TENNESSEE. Call to Order. The September 6, 2011 regular meeting of the Board of Mayor and Aldermen of the City of La Vergne, Tennessee was called to order at 7:00 p.m. at La Vergne City Hall by Mayor Senna Mosley. Board Members Present. The following members were present: Mayor Senna Mosley, Alderman Tom Broeker, Alderman Sherry Green, and Alderman Dennis Waldron. Vice-Mayor Chris Farmer was absent. A Prayer was led by Alderman Green. The Pledge of Allegiance was led by Alderman Broeker. ORDER OF BUSINESS 1. Approve Minutes: August 4, 2011 Public Hearing and Regular Meeting. A motion was made by Alderman Green, seconded by Alderman Broeker, to approve the minutes of the August 4, 2011 Public Hearing and Regular Meeting, was adopted with all voting AYE. 2. Department Reports

A. Fire Department. Assistant Chief Richard McCormick gave the monthly report for the Fire Department. (A copy of the report is attached.)

B. Police Department. Chief Mike Walker gave the monthly report for the Police

Department. (A copy of the report is attached.) C. Codes Department. Mr. Kyle Brown introduced the new city planner, Kristin

Costanzo. He gave the monthly report for the Codes Department. (A copy of the report is attached.)

D. Parks & Recreation. Mrs. Donna Bebout gave the monthly report for the

Parks & Recreation Department. She stated that the new Parks & Recreation Director, Jeff Marler, will begin his job next week. (A copy of the report is attached.)

E. Finance Department. Mrs. Phillis Rogers gave the monthly report for the

Finance Department. (A copy of the report is attached.)

DRAFTRegular Meeting September 6, 2011

Page 2

F. Library. Ms. Teresa Wilberscheid gave the monthly report for the Library. (A copy of the report is attached.)

G. Water Treatment Plant. Mr. Thomas Champagne gave the monthly report for

the Water Treatment Plant. (A copy of the report is attached.) H. Public Works Departments. Chief Mike Walker gave the monthly report for

the Public Works Departments. (A copy of the report is attached.) 3. Presentations:

A. Certificate of Appreciation - Employee of the Month. Mayor Mosley presented a Certificate of Appreciation to Officer Steven Crotts as the employee of the month for September.

B. Presentations - La Vergne Police Department. Chief Walker presented Officer Steven Crotts with a Chief’s Award of Excellence for dedication to and exemplary execution of his duties during the murder and attack that occurred on August 7, 2011. Chief Walker presented Officer Matthew Garrett with a Chief’s Award of Excellence for outstanding service in the line of duty and going beyond the call in the execution of life saving efforts in regards to performing CPR to an unresponsive female on August 11, 2011. Chief Walker presented Officer Matthew Garrett with a Chief’s Award of Excellence for outstanding service in the line of duty and going beyond the call in the excution of life saving efforts in regards to the rescue of a suicidal suspect on the Old Hickory Blvd. Bridge on September 2, 2011. Chief Walker presented Mr. Benjamin Hunt with a Chief’s Award of Excellence for dedication to and exemplary execution of his duties during the murder and attack that occured on August 7, 2011. Chief Walker presented Ms. Wanda Gannon with a Chief’s Award of Excellence for dedication to and exemplary execution of her duties during the murder and attack that occurred on August 7, 2011. Chief Walker presented Ms. Wanda Gannon with a Chief’s Award of Excellence for dedication to and exemplary execution of her duties during the apprehension and charging of a hit-and-run suspect on July 27, 2011.


Page 3

4. First Reading - Ordinance #2011-21 - An Ordinance Granting a Gas Franchise to Piedmont Natural Gas Company, Inc.

Mayor Mosley recused herself from an action on this item due to a conflict of interest. City Administrator Steve Mayer explained this item to the board. A motion was made by Alderman Broeker, seconded by Alderman Green, to approve Ordinance #2011-21 on first reading. Alderman Green asked if there was a franchise fee in this ordinance. Mr. Mayer stated that the franchise fee is the same as for the Town of Smyrna franchise. He stated that the city has the ability to incur a franchise fee as a separate act. He stated that no franchise fee is activated in this ordinance. The motion was adopted following a roll-call vote. Alderman Green AYE Alderman Waldron AYE Alderman Broeker AYE Mayor Mosley ABSTAIN CONSENT AGENDA 5. Consent Agenda Items:

A. Approve Recommendations for City Bids and Purchases: 1) Bid - HVAC Units for the Library. 2) Bid - Erosion Control Blanket and Channel Liner - Stormwater Department. 3) Purchase of a Speed Trailer for the Police Department. 4) Purchase of a Bush-Hog Attachment for the Stormwater Department Skid

Steer. 5) Emergency Purchase from Air Conditioning, Inc. for HVAC Unit Repairs for

the Parks & Recreation Building. 6) Emergency Purchase from Clean Harbors for Sewer Haz-Mat Emergency

Cleanup at the Heritage Valley East Subdivision. B. Approve Grant Contract #2012-37 between the Greater Nashville Regional

Council and the City of La Vergne for the Provision of Multipurpose Senior Center Activities.

C. Approve Agreement with GRL Mobile ATM and the City of La Vergne to Place and Operate ATM’s at the Old Timer’s Festival.

D. Approve Changing the Payroll Clerk Position from a Part-Time Position to a Full-Time Position.

E. Accept the Edward Byrne Memorial Justice Assistance Grant (JAG) for Fiscal Year 2011-2012 in the Amount of $13,179.00.


Page 4

Mayor Mosley explained that the bid for the warning system had been removed from the consent agenda. A motion was made by Alderman Green, seconded by Alderman Broeker, to approve the consent agenda items, was adopted with all voting AYE. NEW BUSINESS 6. Motion to Approve Bid for the Warning System. Mr. Mayer stated that the Local Emergency Planning Committee had approved the notion of having the system. He stated that the city needs to look at the financing for the project. He requested that this item be deferred until next month. A motion was made by Alderman Green, seconded by Alderman Broeker, to defer this item until next month. Alderman Broeker stated that he was bothered by some things with this project. He stated that each time it has come back to the board, something has changed and there is a different cost. He stated that he would like to see a total, complete cost when this comes back next month. The motion to defer the item until next month, was approved following a roll-call vote. Alderman Green AYE Alderman Waldron AYE Alderman Broeker AYE Mayor Mosley AYE 7. Motion to Appoint Board Members:

A. Greenway Advisory Committee. (One term is vacant.) Mayor Mosley explained this item. A motion was made by Alderman Broeker, seconded by Alderman Green, to appoint Edward Jones to the Greenway Advisory Committee, was adopted with all voting AYE.

B. Local Emergency Planning Committee. (One term is vacant.) Mayor Mosley explained that this involves a police department position and a public works department position. She stated that Chief Walker needs to be moved from the public works position to the police department position and that the new public works director, Greg Skinner, needs to be appointed to the public works position.


Page 5

A motion was made by Mayor Mosley, seconded by Alderman Broeker, to appoint Chief Walker to the police department position and to appoint Greg Skinner to the public works position, was adopted with all voting AYE.

C. Economic Development Advisory Committee. (City Planner term is vacant.)

Mayor Mosley explained this item to the board. She stated that this is the city planner position on this committee. A motion was made by Mayor Mosley, seconded by Alderman Green, to appoint Kristin Costanzo to the Economic Development Advisory Committee, was adopted with all voting AYE.

D. Board of Zoning Appeals. (One member needs to be removed.) Mayor Mosley explained this item to the board. She stated that Garlon Russell can no longer be a member of this board because he is now a city employee. She invited anyone interested to apply for this position. A motion was made by Alderman Broeker, seconded by Alderman Green, to remove Garlon Russell from the Board of Zoning Appeals, was adopted with all voting AYE. 8. First Reading - Ordinance #2011-22 - An Ordinance to Amend the 2010-2011

Fiscal Year General Fund Budget. Mayor Mosley explained this item to the board. A motion was made by Alderman Green, seconded by Alderman Broeker, to approve Ordinance #2011-22 on first reading, was adopted with all voting AYE. 9. First Reading - Ordinance #2011-23 - An Ordinance to Establish a Property

Tax Relief Program to Benefit the Elderly Low Income Taxpayers, Totally and Permanently Disabled Taxpayers and Disabled Veteran Taxpayers.

A motion was made by Alderman Broeker, seconded by Mayor Mosley, to approve Ordinance #2011-23 on first reading, was adopted following a roll-call vote. Alderman Green AYE Alderman Waldron AYE Alderman Broeker AYE Mayor Mosley AYE


Page 6

10. First Reading - Ordinance #2011-24 - An Ordinance to Amend Title 14, Chapter 3 of the La Vergne Municipal Code Regarding Grading, Soil Erosion and Sedimentation Control. (A favorable recommendation was made by the Stormwater Appeals and Advisory Board on August 18, 2011.)

Mayor Mosley explained this item to the board. A motion was made by Alderman Broeker, seconded by Alderman Green, to approve Ordinance #2011-24 on first reading, was adopted with all voting AYE. 11. First Reading - Ordinance #2011-25 - An Ordinance to Amend Title 14,

Chapter 6 of the La Vergne Municipal Code Regarding Stormwater Management. (A favorable recommendation was made by the Stormwater Appeals and Advisory Board on August 18, 2011.)

A motion was made by Alderman Green, seconded by Alderman Broeker, to approve Ordinance #2011-25 on first reading, was adopted with all voting AYE. 12. Resolution #2011-19 - A Resolution Ratifying Continued Membership in the

Regional Transportation Authority of Middle Tennessee. A motion was made by Alderman Green, seconded by Alderman Broeker, to approve Resolution #2011-19, was adopted with all voting AYE. 13. Resolution #2011-20 - A Resolution to Adopt a Stormwater Enforcement

Response Plan. (A favorable recommendation was made by the Stormwater Appeals and Advisory Board on August 18, 2011.)

A motion was made by Alderman Broeker, seconded by Alderman Green, to approve Resolution #2011-20, was adopted with all voting AYE. 14. Motion to Approve Agreement with the La Vergne Rescue Unit, LLC. Mr. Evan Cope made some comments regarding this item. He stated that paragraph 21 was added since the workshop. He stated that this paragraph allows the city or the Rescue Squad to terminate the contract with or without cause with the proper notice. A motion was made by Alderman Broeker, seconded by Mayor Mosley, to approve the agreement with the La Vergne Rescue Unit, LLC, was adopted with all voting AYE.


Page 7

15. First Reading - Ordinance #2011-26 - An Ordinance to Amend the La Vergne Municipal Code Regarding the Removal of Board and Committee Members.

A motion was made by Alderman Broeker, seconded by Alderman Green, to approve Ordinance #2011-26 on first reading. Mr. Bruce Richardson explained this item to the board. The motion was adopted with all voting AYE. 16. Motion to Rescind Approval of the Coca-Cola Contract. Mr. Cope explained that this item was approved in June, 2011, subject to the approval of the city attorney. He stated that that he could not approve the contract as it is currently written. He stated that there is a representative here from Coca-Cola and the board may see a revised contract next month. He stated that the current contract needs to be rescinded. A motion was made by Alderman Green, seconded by Alderman Broeker, to rescind the approval of the Coca-Cola contract, was adopted with all voting AYE. 17. Motion to Televise Board of Mayor and Aldermen Workshops. Mayor Mosley explained this item to the board. She stated that she would like to see this on a trial basis for two months. Alderman Broeker asked if this was for a live broadcast or a tape and replay broadcast. Mayor Mosley stated that she thought the city would try a live broadcast. She stated that nothing is set in stone and the city could try it and see how it works. Alderman Green stated that she doesn’t want to put too much demand on Mr. Davenport. Mr. Mayer stated that multiple cameras will have to be controlled. Mayor Mosley asked the citizens to be patient as everything gets worked out on this process. A motion was made by Alderman Broeker, seconded by Alderman Green, to approve televising the Mayor and Aldermen workshops on a two month trial basis, was adopted following a roll-call vote. Alderman Broeker AYE Alderman Waldron AYE Alderman Green AYE Mayor Mosley AYE


Page 8

18. First Reading - Ordinance #2011-27 - An Ordinance to Amend the Five Year Capital Plan and the Fiscal Year 2011-2012 Water and Sewer Fund Budget to Add the Assistant Public Works Director Position.

Mayor Mosley stated that there are a lot of issues with water and sewer as well as road issues. She stated that adding this position will help the city focus more on Waldron Road. She stated that the public works departments need the help. A motion was made by Alderman Green, seconded by Alderman Broeker, to approve Ordinance #2011-27 on first reading. Alderman Broeker stated that he thinks it is a good idea to move this ahead. He stated that he doesn’t know how much the city is losing by not having someone with the Waldron Road project. Mr. Mayer stated that this position would also include other duties, including the oversight of the fleet, safety, etc. Alderman Waldron asked which budget this would come out of. Mr. Mayer stated that it would be placed in this year’s water and sewer budget. Alderman Waldron asked if the money is available. Mr. Mayer stated yes. Mrs. Rogers stated that the funds were not budgeted, but this would allocate the funds from the fund balance. The motion was adopted following a roll-call vote. Alderman Broeker AYE Alderman Waldron AYE Alderman Green AYE Mayor Mosley AYE 19. Resolution #2011-21 - A Resolution of the Board of Mayor and Aldermen of

the City of La Vergne, Tennessee, Authorizing the Issuance, Sale, and Payment of General Fund Tax Anticipation Notes Not to Exceed Two Million Dollars ($2,000,000).

Mayor Mosley explained this item to the board. She stated that this would have to be paid back during this budget year. A motion was made by Alderman Green, seconded by Alderman Broeker, to approve Resolution #2011-21, was adopted following a roll-call vote. Alderman Green AYE Alderman Waldron NO Alderman Broeker AYE Mayor Mosley AYE


Page 9

MAYOR / ALDERMEN COMMENTS Alderman Green stated that she was sorry that no one was participating in the Mr. and Mrs. La Vergne. She stated that she is looking forward to the Old Timer’s Festival. She stated that the Gospel Sunday will be really good. Mayor Mosley stated that she thinks everyone will like what is going on. Alderman Green stated that she hopes no one gets flooded out with all of the rain. Alderman Waldron asked for prayers for the Pope family. He wished everyone well and stated that the fall season is here. Alderman Broeker stated that he is looking forward to the Old Timer’s Festival. He stated that Kathy Tyson has been working really hard and he thanked her for her work. He stated that things are starting to come together. He asked that if anyone is interested in volunteering to give the city a call. Mr. Steve Mayer thanked the city employees. He thanked the new people coming onboard. He stated that CNN Money Magazine has named La Vergne as one of the top 25 most affordable places to live. He stated that even with the recent increases, it remains one of the most affordable places on a national scale. Mayor Mosley thanked the employees for their hard work and dedication. She reminded everyone about the schedule for the Old Timer’s Festival. She invited everyone to come out and attend. Mayor Mosley asked everyone to remember the Jim Wilson family. She stated that he was a long-time member of the community and has passed away. She also asked everyone to remember the Joe Snipes family for their loss. She stated that he was a THP Patrol Officer who was killed in a motorcycle accident. She asked that everyone remember that family. No one else spoke. ADJOURNMENT There being no further business to come before the Board, Mayor Mosley declared the meeting to be adjourned at 8:09 p.m. _______________________________ Mayor _______________________________ City Recorder Approved: ______________________

DRAFT

Chief James Gafford Proudly Serving The City Since 1965

Station 1 Station 2 Station 3 169 Stones River Rd. 609 Waldron Rd. 301 Bill Stewart Blvd. 615-793-6223 615-793-9115 615-287-8743

September 2011 Update Total Calls- 57 Structure Fires- 3 Fire Alarms- 9 Vehicle Fires- 2 Grass Fires- 1 Hazardous Material Calls- 0 Motor Vehicle Accidents- 17 Medical Calls- 9 Emergency Miscellaneous Calls- 10 Non-Emergency Miscellaneous Calls- 6 Average response time for the month of September 2011 was 2.8 min Total water consumption for the month of September 2011 was 567,500 gallons

DRAFT



Structure Fires 1. 09-03-11 406 Megan Cv. 2. 09-08-11 136 Adams Ct. 3. 09-29-11 225 Chaney Blvd Fire Alarms 1. 09-03-11 191 Charter Pl. 2. 09-06-11 320 Tech Park Dr 3. 09-06-11 191 Charter Pl 4. 09-09-11 508 Lake Forest Dr 5. 09-09-11 1305 Graywall Ct. 6. 09-10-11 1502 Waxman Dr. 7. 09-18-11 401 Lake Forest Dr 8. 09-21-11 1000 Waldron Rd 9. 09-23-11 250 Wolverine Trl Vehicle Fires 1. 09-01-11 I-24 East @ 65mm. 2. 09-14-11 I-24 West @ 65mm Grass Fires 1. 09-03-11 106 Blue Valley Rd.

DRAFT



Motor vehicle Accidents 1. 09-02-11 147 Stones River Rd. 2. 09-04-11 I-24 East @ 63mm 3. 09-05-11 5154 Murfreesboro Rd 4. 09-06-11 Old Nashville Hwy & Murray Ln 5. 09-06-11 Waldron Rd @ Rock Springs Rd 6. 09-08-11 I-24 West @ 65mm 7. 09-08-11 I-24 West @ 64mm 8. 09-10-11 I-24 West @ 65mm 9. 09-12-11 Chaney Rd @ Sanford Rd 10. 09-14-11 I-24 West @ 63mm 11. 09-17-11 I-24 East @ 65mm 12. 09-18-11 261 Bill Stewart Blvd 13. 09-18-11 I-24 East @ 63mm 14. 09-19-11 Stones River Rd @ Hollandale Rd 13. 09-19-11 Sand Hill Rd @ Dick Buchanan 14. 09-19-11 181 Blair Rd 15. 09-22-11 5093 Murfreesboro Rd 16. 09-22-11 5000 Murfreesboro Rd 17. 09-23-11 5085 Murfreesboro Rd Medical Calls 1. 09-01-11 105 Tara Dr. (assist RCAS) 2. 09-02-11 8032 Burntwood Dr. (assist RCAS) 3. 09-11-11 1504 Ty Cobb Cv. (assist RCAS) 4. 09-13-11 177 Nelson Dr. (assist RCAS) 5. 09-18-11 258 Bill Stewart Blvd. (assist RCAS) 6. 09-20-11 142 Hickory St. (assist RCAS) 7. 09-21-11 Lake Forest Dr @ Stones River Rd. (assist RCAS with LZ) 8. 09-21-11 194 Sullivan Dr. (assist RCAS) 9. 09-29-11 8011 Logan Ct (assist RCAS)

DRAFT



Emergency Miscellaneous Calls 1. 09-02-11 I-24 West. (False Call) 2. 09-03-11 5093 Murfreesboro Rd. (ruptured radiator) 3. 09-06-11 c/o Abington & Guildford (power line down) 4. 09-10-11 111 Sand Hill Rd. (smell of smoke) 5. 09-11-11 304 Sandhill Rd. (bad light ballast) 6. 09-16-11 230 Fergus Rd. (controlled burn) 7. 09-21-11 134 Washer Dr. (unattended burn) 8. 09-22-11 134 Washer Dr. (unattended burn) 9. 09-24-11 1807 Cabe Ct. (Smell of NG) 10. 09-25-11 105 Country Ct (Large controlled burn) Non-Emergency Miscellaneous Calls 1. 09-03-11 338 Clearlake Dr. (controlled burn) 2. 09-07-11 178 Greenfield Dr (Lift Assist) 3. 09-08-11 Stones River Rd @ Murfreesboro Rd (fluids leaking from vehicle) 4. 09-10-11 581 Autumn Ct (controlled burn) 5. 09-18-11 Lake Rd @ Ben Hill Blvd (confined space standby) 6. 09-20-11 302 Jefferson Pk. (controlled burn)

DRAFTTotal Calls:

Accident - Fatality Animal CallsAccident - Injury Domestics / Domestic TroubleAccident - Property EscortsAlarm Calls Fire CallsAmbulance Calls Motorist AssistBOLO - Attempt to Locate Open DoorsClose Watches Prowler CallsDisturbance Calls Suspicious Person / Vehicle

Offenses Reported

Robbery (And Attempted) KidnappingAssault - Misdemeanor Runaway PersonsAssault - Felony Domestic Assault or TroubleBurglary - Residence Rape / Sexual BatteryBurglary - Business TheftChild Abuse / Neglect Suicide (And Attempts)Homicide VandalismDrugs Harassment / IntimidationFraud Natural Deaths

A J126 9

Persons Arrested Include: A J (A - Denotes Adult; J - Juvenile) A JAssault 6 3 Weapons Violations 3 0Burglary 0 0 Driver's License Violations 58 0Drugs 12 1 Vandalism 1 0DUI 4 0 Rape / Sexual Battery 1 0Theft 3 1 Robbery 1 0By Warrant / Juvenile = Curfew 26 4 Runaway / Unruly Juvenile 0 0Disorderly Conduct 0 0 Public Intoxication 3 0

Citations Issued:Warning Citations: Deposits: $ Total Citations:

35,662.15955

Total Persons Arrested: 135 Persons Arrested Include:

631324

Offenses Include (But Not Limited To):

Calls Include (But Not Limited To):

131

3

12432414

2106

05341452228

20010

82

234

1923196

9394

967

139110

La Vergne Police Department - Month End ReportStatistics for 2011 SEPT

0

2,696

DRAFTPolice Dept. Report - Page 2

Total Calls: 1,036 Average Calls Per Day: 33.42

Calls By Day Of Month

115109

131

96

80

9085

108

96

105

98 9691

72 70

9691

8581

111

97

8781

113

96 96102

78

86

96

0

20

40

60

80

100

120

140

1st

2nd

3rd

4th

5th

6th

7th

8th

9th

10th

11th

12th

13th

14th

15th

16th

17th

18th

19th

20th

21th

22nd

23rd

24th

25th

26th

27th

28th

29th

30th

31st


Total Calls: 1,036

Calls By Time of Day

88

61

82

67 69 71

58

10194

113 115

103109

99

153

177

132

170

137 135129

122129

152

0

20

40

60

80

100

120

140

160

180

200

0:00

1:00

2:00

3:00

4:00

5:00

6:00

7:00

8:00

9:00

10:0

0

11:0

0

12:0

0

13:0

0

14:0

0

15:0

0

16:0

0

17:0

0

18:0

0

19:0

0

20:0

0

21:0

0

22:0

0

23:0

0


Total Calls: 1,036

Calls By Shift

792

1185

719

0

200

400

600

800

1000

1200

1400

1st Shift 2nd Shift 3rd Shift


Total Calls: 1,036

Calls By Zone

Zone 112%

Zone 214%

Zone 312%

Zone 412%

All Zones50%


Total Calls: 1,036

Number of Calls Dispatched

292

364

195

616

0

359

194

317335

0

100

200

300

400

500

600

700

Criswell190 Gannon220 Howse109 Hunt260 Keeves121 Morgan210 Rowland219 West-258 White-136


Total Calls will be more due to multiple officers responding to the same call.

Calls Assigned to Each Officer

130

0

35

87

0

143

16

228

151

45

1010

82

6

151

43

119112

17

117133

270

4

69

3

99

127

107

126

166

58

2116

76

7

50

6

187

152145

3

25

77

8

6460

119

14

289

137

4

102

0

50

100

150

200

250

300

350

Atki

n-19

3Bo

one-

203

Cam

pbel

l-107

Can

dler

-221

Car

pent

er-2

25C

hang

-201

Cra

wfo

rd-2

00C

rotts

-227

Cun

ning

ham

-256

Dav

is-1

52D

urha

m-1

53Eu

bank

-195

Evan

s-19

1Fr

acke

r-25

0G

arre

tt-25

5G

oins

-115

Har

ris-2

13H

atch

er-1

67H

ayes

-161

Hof

er-2

23H

owel

l-162

Hud

gens

-252

K-9

Kash

-126

Kaul

-216

Keev

es-1

21Ki

llmon

-216

LFD

Lock

laye

r-18

1Lu

scin

ski-2

22M

cCoy

-226

McG

owan

-164

McK

enna

-117

McM

illen-

101

Moo

re -

259

Mul

len-

139

Mur

phy-

102

Nor

rod-

118

Pow

ell-2

14R

eed-

257

Rob

erts

on-1

72R

uch-

104.

Sloa

n-10

6St

aats

-212

Stol

insk

y-13

8Th

omps

on-1

08,

Tim

son-

110

Vaug

hn-2

11W

alke

r-09

9W

ard-

254.

Wat

son-

204

Wils

on T

-251

Wils

on W

-151

.


Total Citations: 433

Citations per Officer

17

0 0 1

32

0

18

0

176

1811

0 0

33

0

16

4 70 0

4348 47

40

25

06

37

18

0

14

0 0 0

45

5

51

0

24

0

11

00

20

40

60

80

100

120

140

160

180

200

Atki

nBo

one

Bran

don

Cam

pbel

lC

andl

erC

arpe

nter

Cha

ngC

raw

ford

Cro

ttsC

unni

ngha

mD

avis

Dur

ham

Euba

nkEv

ans

Frac

ker

Gar

rett

Goi

nsH

arris

Hat

cher

Hay

esH

ofer

How

ell

Hud

gens

Kaul

Killm

onLo

ckla

yer

Lusc

insk

iM

cCoy

McG

owan

McK

enna

Moo

reM

ulle

n M

urph

yN

orro

dPo

wel

lR

eed

Rob

erts

onSl

oan

Staa

tsSt

olin

sky

Thom

pson

, A.

Tim

son


Total Arrests: 85

Arrests per Officer

3

0 0

3

0

4

0

16

2

1

0 0

3

0

6

1

0 0

1

4 4

5

2 2

1

5

2

3

0

2

0 0 0

5

2 2

3

8

0

1

0

5

1

0

2

4

6

8

10

12

14

16

18

Atki

n-19

3Bo

one-

203

Cam

pbel

l-107

Can

dler

-221

Car

pent

er-2

25C

hang

-201

Cra

wfo

rd-2

00C

rotts

-227

Cun

ning

ham

-256

Dav

is-1

52D

urha

m-1

53Eu

bank

-195

Evan

s-19

1Fr

acke

r-25

0G

arre

tt-25

5G

oins

-115

Har

ris-2

13H

atch

er-1

67H

ayes

161

Hof

er-2

23H

owel

l-162

Hud

gens

252

Kaul

-126

Killm

on-2

16Lo

ckla

yer-

181

Lusc

insk

i-222

McC

oy-2

26M

cGow

an-1

64M

cKen

na-1

17M

oore

-259

Mul

len-

139

Mur

phy-

102

Nor

rod-

118

Pow

ell-2

14R

eed-

257

Rob

erts

on-1

72Sl

oan-

106

Staa

ts-2

12St

olin

sky-

138

Thom

pson

-108

Tim

son-

110

Vaug

hn-2

11W

ard-

254

DRAFT2010 20112,685 2,696

Accidents 64 128Alarms 153 139Ambulance 91 110Motorist Assist 52 93Domestics 36 43Burglary 20 39Theft 71 41

142 106D.U.I. 2 2Driver's License Violations 53 56Drug Related Offenses 12 13

1,042 955

Total Arrests

Total Citations

Comparison of Monthly Activity2010 to 2011 SEPT

ActivityTotal Calls

DRAFT Quarterly Report Jan. Feb. Mar. 2011

Category I (Mission Oriented)

Medical 3 Average Time 4.75 min. Vehicle Accidents 52 Water Related 0 Fire 2 Search 1 Other 180 (stand-bys, etc.)

Category II (Administrative & Training)

Business Meeting 9 Training Sessions 10 Public Relations 9 Other: 11 Fundraising, Maintenance, etc. 18

TOTAL 295 (This includes calls and stand-bys)

TOTAL MILES 8,248 TOTAL MAN HOURS 5,133

DRAFT Quarterly Report Apr., May, June 2011







DRAFT 3rd Quarter 2011


Medical 8 Average Time 4.48 Vehicle Accidents 61 Water Related 1 Fire 0 Search 1 Other 184 (stand-bys, etc.)




TOTAL MILES 17,361 TOTAL MAN HOURS 4,317.2

DRAFT July 2011







DRAFT Aug. 2011






TOTAL MILES 1,753 TOTAL MAN HOURS 1,263.2

DRAFT Sept. 2011







DRAFTBuilding Permits Valuation Fee No. of PermitsSingle Family Dwellings 537,000.00$ 2,091.00$ 3Commercial 4,878,825.00$ 11,637.65$ 3Miscellaneous(Additions Only) 4,100.00$ 45.00$ 2Signs 11,000.00$ 276.00$ 5Grading -$ 0Garages/Sheds 5,000.00$ 100.00$ 2Other(Driveway,Blasting 24,100.00$ 440.00$ 7Mobile Homes 21,500.00$ 120.00$ 1Commercial Plan Review 5,818.83$ 3Residential Plan Review -$ 0TOTAL NUMBER PERMITS 5,481,525.00$ 16,082.65$ 23TOTAL MONTHLY REVENUE 21,901.48$ Plumbing Permits No. of PermitsSingle Family Dwellings 265.00$ 3Multi-family DwellingsCommercial 362.00$ 2Industrial/Warehouse -$ Mechanical Permits Fee No. of PermitsSingle Family Dwellings 120.00$ 3Multi-family DwellingsCommercial 626.00$ 2Industrial/WarehouseComplaints Called -InTall Grass 83Junk Cars in Yards 8Trash in Yards 7Other 17Impact Fees Total YEAR TO DATE TOTALS

Road 55,632.00$ 105,980.53$ Park 933.00$ 5,287.00$ POLICE 7,656.00$ 14,470.54$ MONTHLY REVENUE WITH IMPACT FEES 86,122.48$ 231,642.18$ Total No. of single family permits issued year to date 17Total No of single family permits issued during same time period 2010 51Total number of all permits this year to date 188

SEPTEMBER 2011 MONTHLY REPORTCITY OF LA VERGNE CODES DEPARTMENT

DRAFTPROGRAM FREQUENCY ATTENDANCE REVENUE

Civic Auditorium 8 393 $1,260.00

Multi-Purpose Bldg 9 744 $1,285.00

Pavilions 18 735 $175.00

Field Rentals 1 20 $20.00

TTI - Baton 4 47 $0.00

Clogging 5 61 $160.00

Jazzercise 14 126 $190.00

Kickboxing 5 60 $0.00

M.A.D.E. Fitness Boot Camp 7 103 $155.00

Round Dancing 2 34 $120.00

Zumba 11 322 $0.00

Visitors in the Park 15528

TOTAL 18173 $3,365.00

Senior Citizens Activities 26 410 $144.00Senior Citizens Bldg Fund $843.00Paper Recycling Revenue $2.16

GRAND TOTAL 18583 $4,354.16

The Annual Trail of Treats will be at Veterans Memorial Park on Saturday Oct 29 from 2-4pm

The Senior Citizen's Advisory Committee Meeting will be Thursday Oct 20th @ 4pm

La Vergne Parks & Recreation Dept September 2011 Monthly Report

The Greenway Advisory Committee Meeting will be Monday Oct 17th @ 7pm

The Parks & Recreation Advisory Committee Meeting will be Monday Oct 17 @ 6pm

DRAFT2 MONTHS

GENERAL FUND 16.7% OF FISCAL YEAR

YTD Actual YTD Budget Annual BudgetRevenues 1,429,268 2,315,760 13,894,560 10.3%Expenditures 2,149,974 2,315,760 13,894,560 15.5%

NET INCOME -720,706 0 0

LOCAL SALES TAX

FY 2011-2012 630,023 566,667 3,400,000 18.5%Same Period Last Year 566,991

STATE STREET AID FUNDRevenues 138,374 123,069 738,416 18.7%Expenditures 38,413 123,069 738,416 5.2%NET INCOME 99,961 0 0

STATE STREET AID: Street Lighting 38,413 80,875 485,250 7.9% Capital Expenditures 0 42,194 253,166 0.0%

TOTALS 38,413 123,069 738,416 5.2%

STORMWATER FUNDRevenues 188,635 185,833 1,115,000 16.9%Expenditures 211,921 185,833 1,115,000 19.0%NET INCOME -23,286 0 0STORMWATER FUNDOperating Expenses 97,050 188,333 1,130,000 8.6%Capital Outlay 114,871 37,500 225,000 0.0%

TOTALS 211,921 225,833 1,355,000 15.6%

WATER AND SEWER FUNDRevenues 1,797,144 1,589,250 9,535,500 18.8%Expenditures 1,474,295 1,502,521 9,015,126 16.4%

OPERATING INCOME 322,849 86,729 520,374

Water Tap Fees Revenue 11,700 9,167 55,000 21.3% Sewer Tap Fees Revenue 13,800 16,667 100,000 13.8% Total Tap Fees Revenue 25,500 25,833 155,000 16.5%

NET INCOME 348,349 112,562 675,374 0.0%

PAGE 1

of Budget Collectedof Budget Collected

of Budget Spentof Budget Spent

of Budget Collectedof Budget Spent

of Budget Collected

of Budget Spent

of Budget Spentof Budget Spentof Budget Spent

of Budget Collectedof Budget Spent

of Budget Spent

of Budget Collected

of Budget Collected

of Budget Collected% of Annual Budget

CITY OF LA VERGNEFINANCIAL SUMMARY

August 31, 2011

DRAFTCASH IN BANKS AND INVESTED

110 GENERAL FUND 1,950,976$ 121 STATE STREET AID FUND 1,200,102$ 122 SENIOR CITIZENS FUND 67,821$ 123 SPECIAL REVENUE FUND (DRUG FUND) 78,580$ 124 SPECIAL REVENUE FUND (LIBRARY) 203,080$ 126 PROBLEM SOLVING/REDEPLOYMENT GRANTS 53,587$ 127 STORM WATER MANAGEMENT 2,015,904$ 311 CAPITAL PROJECT FUND (HIGHWAYS & STREETS) 3,731,957$ ROAD IMPACT FEES: RECEIVED 7-1-98 THRU 06/30/11 5,403,697.57$ RECEIVED 7-1-10 THRU 06/30/12 40,632.67$

TOTAL IMPACT FEES REC'D 5,444,330.24$ OTHER RECEIPTS/TRANSFERS 787,076.83$ TOTAL RECEIVED 6,231,407.07$ LESS: EXPENDED 6,062,302.72$ BALANCE 169,104.35$

313 CAPITAL PROJECT FUND (PARKS & RECREATION) 28,832$ PARK IMPACT FEES: RECEIVED 7-1-98 THRU 6/30/2011 1,572,808.17$ RECEIVED 7-1-10 THRU 6/30/2012 934.64$

TOTAL IMPACT FEES REC'D 1,573,742.81$ OTHER RECEIPTS/TRANSFERS 1,368,515.06$ TOTAL RECEIVED 2,942,257.87$ LESS: EXPENDED 2,915,070.87$ BALANCE 27,187.00$

321 POLICE IMPACT FUND 81,806$ POLICE IMPACT FEES: RECEIVED 7-1-98 THRU 6/30/2011 288,713.77$ RECEIVED 7-1-10 THRU 6/30/2012 5,587.09$

TOTAL IMPACT FEES REC'D 294,300.86$ OTHER RECEIPTS/TRANSFERS 45,534.63$ TOTAL RECEIVED 339,835.49$ LESS: EXPENDED 258,029.12$ BALANCE 81,806.37$

413 WATER & SEWER FUND 5,913,682$ 511 INTERNAL SERVICE FUND (EMPLOYEE BENEFITS) 363,367$

.

PAGE 2


August 31, 2011

DRAFT% of Total % of Total

Increase Actual BudgetFiscal 10-11 Fiscal 11-12 Decrease (-) Fiscal 10-11 Fiscal 11-12

1,447,812 1,429,268 -$18,544 12.0% 10.3%2,517,669 2,149,974 -$367,695 20.9% 15.5%

-$1,069,857 -$720,706 $349,151

% of Total % of TotalIncrease Budget Budget

Fiscal 10-11 Fiscal 11-12 Decrease (-) Fiscal 10-11 Fiscal 11-12

1,165,827 1,797,144 $631,317 16.7% 18.8%1,122,498 1,474,295 $351,797 12.3% 16.4%

43,329 322,849 $279,520

$39,600 $25,500 -$14,100 38.3% 16.5%

$82,929 348,349 $265,420

Cumulative 413-37110 413-37210 Year To Date Percent

Fiscal 2011 Fiscal 2012 Fiscal 2011 Fiscal 2012 Increase IncreaseMonth Water Water Sewer Sewer Decrease Decrease

JUL 280,063 386,402 275,926 444,890 275,303 49.52%AUG 256,176 388,952 245,702 447,480 609,857 57.65%SEP 267,728 0 259,085 0 83,044 0.00%OCT 278,848 0 268,615 0 -464,419 0.00%NOV 238,832 0 233,090 0 -936,341 0.00%DEC 226,800 0 236,742 0 -1,399,883 0.00%JAN 228,847 0 246,453 0 -1,875,183 0.00%FEB 206,701 0 217,608 0 -2,299,492 0.00%MAR 208,865 0 220,079 0 -2,728,436 0.00%APR 224,278 0 228,859 0 -3,181,574 0.00%MAY 233,412 0 246,791 0 -3,661,777 0.00%JUN 445,046 0 575,683 0 -4,451,777 0.00%

TOTAL YTD 3,095,596 775,354 3,254,634 892,370 1,667,724

Page 3

August 31, 2011

WATER/SEWER REVENUE COMPARISON

Gross Expenses

OPERATING INCOME

W/S Tap Fees Revenue

NET INCOME

Gross Expenses

NET INCOME

WATER/SEWER FUND

Gross Revenue


GENERAL FUND

Gross Revenues

DRAFTSeptember September2011 2010

Checked out 9,554 11,326

Attendance in the library 10,400 11,079Average per day 452 482

New Juvenile cards 52 89New Adult cards 152 205

Library programs 55 58Attendance 1,998 2,015

Total computer users 3,405 3,816

Additional information:# of items/catalog 68,513 # of patrons 34,210

La Vergne Public LibrarySeptember

DRAFTJanuary January January February February February March March March April April April May May May June June June2011 2010 2009 2011 2010 2009 2011 2010 2009 2011 2010 2009 2011 2010 2009 2011 2010 2009

Checked out 10,356 9,731 11,877 11,204 11,646 11,496 13,272 13,342 13,564 11,407 10,113 10,420 9,959 9,564 11,475 24,686 22,949 22,521Checked in 8,969 8,870 10,501 11,370 10,720 10,994 12,945 13,223 13,223 11,910 11,239 11,404 10,705 9,673 10,892 20,646 19,511 19,948

Attendance in the library 8,934 9,848 11,963 10,526 10,195 10,620 11,989 12,799 11,808 10,132 10,404 9,824 10,272 9,483 10,174 14,598 14,578 14,606Average per day 406 428 479 439 476 443 428 474 454 422 400 409 447 412 407 561 561 562

New Juvenile cards 67 46 59 55 53 80 77 88 80 34 36 47 54 59 78 128 132 145New Adult cards 154 187 242 193 191 224 167 258 234 132 151 181 139 151 171 221 240 278

Adult programs 16 12 14 19 13 12 22 9 17 17 11 15 17 16 9 3 12 4Attendance 286 142 145 329 205 241 361 207 320 275 214 261 272 228 197 11 162 15

Childrens' programs 20 30 34 22 28 36 38 36 41 41 31 38 10 11 12 18 19 17Attendance 497 589 675 559 626 1,106 703 997 1,192 990 664 1,171 434 1,112 725 1,727 1,629 1,972

Total computer users 3,005 3,507 3,427 3,437 3,565 3,423 3,968 4,163 3,778 3,661 3,371 2,825 3,817 3,309 3,225 4,350 4,377 3,756

July July July August August August September September September October October October November November November December December December2011 2010 2009 2011 2010 2009 2011 2010 2009 2011 2010 2009 2011 2010 2009 2011 2010 2009

Checked out 18,130 18,932 19,835 11,475 12,776 13,470 9,554 11,326 12,201 12,171 13,269 11,157 10,453 7,389 9,606Checked in 20,439 19,755 20,693 12,562 14,155 14,521 9,674 11,656 12,022 14,971 13,321 11,756 11,405 8,338 10,017

Attendance in the library 12,754 12,437 13,545 11,749 11,728 11,609 10,400 11,079 11,115 11,774 12,981 10,269 10,645 6,976 9,868Average per day 531 497 564 435 451 447 452 482 483 471 481 446 484 367 411

New Juvenile cards 54 113 102 58 76 77 52 89 77 57 86 48 37 22 37New Adult cards 189 212 248 188 198 239 152 205 202 165 229 153 168 86 127

Adult programs 1 8 10 10 4 16 19 18 17 19 13 17 14 11 11Attendance 32 164 26 132 22 38 185 194 154 217 215 300 261 176 96

Children programs 14 18 16 14 14 13 36 40 42 37 40 35 34 19 25Attendance 1,023 988 1,317 631 880 1,478 1,813 1,821 2,353 4,393 3,073 720 864 502 605

Total computer users 3,871 4,023 3,882 4,023 4,208 3,821 3,405 3,816 3,626 3,925 4,269 3,656 3,847 2,538 3,729

*January 1 - 28, 2005*June 1 - 28, 2005^June 29 - July 31, 2005**June 1 - 26, 2008

La Vergne Public Library

+ Data for 1995 - 2007 in hidden columns.

DRAFT2011 2010 2009 2008 2007 2006 2005

Checked out 120,043 151,096 160,187 144,912 147,280 149,001 161,592Checked in 119,220 153,867 158,941 143,816 147,112 148,332 162,136

Attendance in the library 101,354 131,570 138,758 119,848 122,502 121,245 122,245Total of monthly averages 4,121 5,465 5,624 4,833 4,950 4,939 4,907Average per day 343 455 469 403 413 412

New Juvenile cards 579 819 905 862 1,131 1,138 1,231New Adult cards 1,535 2,197 2,543 2,370 2,558 2,752 2,805

Adult programs 124 150 152 137 203 259 164Attendance 1,883 2,231 1,969 1,176 1,689 1,808 1,500

Children's programs 213 318 348 369 377 362 332Attendance 8,377 14,921 16,531 14,981 11,566 10,587 16,923

Total computer users 33,537 44,458 43,608 38,833 39,450 33,655 29,964

La Vergne Public LibraryYearly Recap

* Data for 2004 in hidden columns.

DRAFTParameter Standard 2010 2011

Vol. Processed (Million gal.) 117.462 101.068Vol. Delivered (Million gal.) 102.154 104.325Turbidity 95% <0.3 NTU 99.5% 100%Filter Turbidity <0.5 NTU 100% 100%Iron 0.3 mg/L 0.010 0.010Manganese 0.05 mg/L 0.030 0.013Fluoride 2.0 mg/L 0.83 1.04Total Coliform Zero Colonies 1 0Chlorine Residual >0.2 mg/L 1.43 1.64

Chemicals Used Purpose Unit 2010 2011

Potassium Permanganate Oxidation lbs 0 0Sodium Hypochlorite Disinfection lbs 9199 3416Aluminum Sulfate Coagulation lbs 0 0Polymer Coagulation lbs 0 0Sodium Polyphosphate Anti-Corrosive lbs 2312 3217Fluorosilicic Acid Fluoride lbs 1214 1236Powered Activated Carbon Taste and Odor lbs 2976 3565Sodium Permanganate Oxidation lbs 8186 5511

Polyaluminum Chloride Coagulation lbs 35420 29857Approximate Process Chemical Cost $56,632.67 $45,872.40

Maintenance for August 7,952.23$ Rainfall: 1.76 in.3 rain events

Maintenance Feb thru August 2011 30,776.01$ Cross Connection Program

Annual Maintenance Cap 86,458.00$

Balance 55,681.99$ 287Installed / New 349Total Units 636

Pressure 8Taste or Odor 6 Invoices Collected 1,000$

Total 14

Quality calls

Units October, 2008

August, 2011

City of La VergneWater Treatment Plant

Severn Trent ServicesMonthly Summary

DRAFTDEPARTMENT TOTALS

SEWER DEPARTMENT

Work Orders 126Final Grinder Pump Inspections 0One Calls – responded to by Sewer Dept. 115Overtime (Man-hours) 199.5Sewer Stoppages 1 (1822 Turner Drive)

SPECIAL PROJECTS None

WATER DEPARTMENTWork Orders 86New Meter Sets 2Overtime (Man-hours) 100Water Line Breaks 0

SPECIAL PROJECTS Repairing out-of-service orbroken fire hydrants

DEPARTMENT OF PUBLIC WORKSMONTHLY REPORT

SEWER AND WATER DEPARTMENTSSEPTEMBER, 2011

DRAFTDEPARTMENT TOTALS

STREET DEPARTMENTChipper Calls 35Chipper Pick-ups 323Loads Hauled (# of tons) 17.89 (35,780 lbs.)Workhouse program (man-hours) 262Signs installed 7Signs maintained, straightened 3Asphalt inspections (road bonds) 0Asphalt installed (tonnage) 0Cold Mix (bags) 10Streetlight/traffic light maintenance requests 11Streetlight/traffic light new installation requests 0Mowing (man-hours) 158.5Overtime (man-hours) 42Work Orders 66

Special Projects None

FLEET MAINTENANCE DEPARTMENTVehicle Repairs: 21Maintenance 20Minor 20Major 1Tires 12Batteries 6Brakes 4Overtime (man-hours) 0

Special Projects None


STREET AND FLEET MAINTENANCE DEPARTMENTSSEPTEMBER, 2011

DRAFTDepartment Totals

Street Department

Overtime (man-hours) 42 On-call: 30

Workhouse program hours 378.5Chipper: 50.5

Litter pickup: 126Mowing: 85.5

Cleaning: 116.5

Streetlight/Traffic Signal Maintenance 11Streetlights: 5; Traffic Signals: 6

Streetlight/Traffic Signals New Requests 0

FLEET MAINTENANCE DEPARTMENT

Overtime (man-hours) 0

SEWER DEPARTMENT

Overtime (man-hours) 199.5Breakdown: On-call: 30 Pump Stations: 44 Grinder Pumps: 105.5 Sewer Stoppages: 20 ( 1822 Turner)

WATER DEPARTMENTOvertime (man-hours) 100Breakdown: On-Call 30 After Hours Service Calls 15 Old-Timers’ 55


BREAKDOWNSEPTEMBER, 2011

DRAFT

Page 1 of 4

ORDINANCE #2011-21 AN ORDINANCE GRANTING A GAS FRANCHISE TO PIEDMONT NATURAL GAS COMPANY, INC.

BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF LA VERGNE as follows: I. DEFINITIONS

1.01 As used in this Ordinance, the following terms, words and phrases shall have the meanings respectively ascribed to them in this section:

"Company" shall mean Piedmont Natural Gas Company, Inc., a corporation organized under the laws of the State of North Carolina and authorized to do business in the State of Tennessee, and any successor in interest to Piedmont Natural Gas Company, Inc. under this franchise Ordinance.

"City" or "City of La Vergne" shall mean:

The City of La Vergne, a municipal corporation located in Rutherford County, Tennessee,

The area within the territorial City limits of the City of La Vergne and within the extraterritorial area surrounding the City to the extent it may be lawfully included as presently or hereafter fixed by law or ordinance, or

The Board of Mayor and Alderman of the City of La Vergne or any officer or agent duly authorized in acting on behalf of the City as a municipal corporation, as indicated by the context by which the term is used;

"Board of Mayor and Alderman" shall mean the governing body of the City of La Vergne;

"Gas" when used as an unqualified term shall mean either natural or artificial gas, by whatever process or processes derived or manufactured, or both such gases either separately or a mixture of them.

“Franchise fee” shall mean the fee that may be established pursuant to paragraph

2.09. II. FRANCHISE GRANTED

2.01 The Company is hereby granted the right to construct, operate and maintain a gas utilities system within the City for production, transmission, distribution and sale of gas to consumers and users within the City and to the City and any and all agencies and

DRAFT

Page 2 of 4

departments thereof.

2.02 The Company is hereby granted the right, authority and privilege to construct and install, operate, maintain, lay or relay, renew, replace and repair gas pipes, mains, pipelines, conduits, regulators, connections and services thereto, in, through, across, along and under streets, avenues, roads, public alleys, lanes, parks and squares, and other public places and ways in the City for the production, pumping, handling, transmission, distribution and sale of gas for any and all purposes, subject to the terms and conditions hereinafter set forth in this Ordinance.

2.03 Whenever the Company wishes to enter upon any street, lane or public place for the purpose of constructing, replacing or repairing any gas mains, pipes, or other appliances, it shall notify the City, file a plan or map of the proposed work, if practicable, and comply with all provisions of any ordinances related to utility excavations in City right-of-way before commencing same. Whenever the Company causes any opening, excavation or alteration to be made in any street, lane or public place within the City in the construction, operation or maintenance of any of its pipelines or other appliances owned or used by it, the Company shall repair and restore such portions of such streets, lanes or public places to the same condition in which it found them as nearly as practicable. Additionally, if the Company shall fail to restore the area to its approximate former condition within a reasonable period of time no less than thirty working days after notification by the City, the City shall proceed to restore such streets, lanes and public places as nearly as practicable to their original condition and the City shall submit a statement of the costs for this restoration to the Company. The Company agrees to pay the City for these costs within thirty days.

2.03.1 Whenever the Company shall cause any opening, excavation or

alteration to be made in any street, lane or public place within the City in the construction, operation or maintenance of any of its pipelines or other appliances owned or used by it, the Company shall comply with all safety regulations required by federal, state and local laws.

2.04 In the event it becomes necessary or expedient for the City to change the course or grade of any street, lane or public place in which the Company is maintaining gas mains, pipes or other appliances and fixtures, upon the written request of the City, the Company will remove or change the location or depth of such main, pipes or other appliances and fixtures, at its own expense, as necessary to conform to the proposed street alteration.

2.05 This franchise is granted for a term of fifteen years beginning October 1, 2011 and ending at midnight October 1, 2026. This franchise supersedes any and all former rights or franchises of the Company to operate a gas utilities system in the City with respect to all acts and things done or admitted to be done, on or after October 1, 2011.

2.06 The Company hereby agrees to indemnify, defend, and hold harmless the

City, its elected officials, officers, boards, commissions, and employees, against any and all claims and liabilities arising from the Company, and its assignees or licensees, activities or Gas System, including reasonable attorneys fees and court costs.

DRAFT

Page 3 of 4

2.07 The Company shall not be obligated to the City or any of its departments or

agencies for any tax, license fee, other fee, or any other payment whatsoever, relating to the rights granted herein, other than that which is levied by state law.

2.08 The Company is hereby granted the right during the existence of this franchise to mortgage or hypothecate this franchise, together with all rights and privileges there under and any right or interest therein, as security for indebtedness, subject to acceptance by any legal successor in interest of the obligations, duties, liabilities, limitations and prohibitions set out herein and subject to the approval by the Tennessee Regulatory Authority or other governmental agency whose approval is required by law. The Company shall not assign or transfer its rights under this agreement, provided, however, that this provision shall not prohibit the Company from assigning its rights hereunder to the surviving corporation in any corporate reorganization in which the Company is a party.

2.09 The City may, at any time after the adoption of this ordinance, impose a

franchise fee equal to, or less than, three percent (3%) of the annual gross revenues collected from all customers who are located and provided service by the Company within the geographical areas identified on Exhibit A. In the event the City elects to impose a franchise fee pursuant to this ordinance, the City shall give the Company ninety (90) days prior notice before final adoption of the ordinance establishing the franchise fee. Payment of such fee and the recovery thereof by the Company shall be pursuant to Tenn. Code Ann. Section 65-4-105(e). III. ACCEPTANCE OF FRANCHISE

This Ordinance shall be submitted to the Tennessee Regulatory Authority pursuant to Tenn. Code Ann. Section 65-4-107 for approval and shall take effect from the day and date of its passage, but only after it has been accepted in all its terms and revisions by the Company, in writing, within sixty days after its passage; otherwise, the same shall be null and void and of no effect. PIEDMONT NATURAL GAS COMPANY, INC.

BY: ___________________________________ Senior Vice President - Utility Operations

ATTEST: ___________________________________________ Vice President, General Counsel, Corporate Secretary and Chief Compliance Officer

DRAFT

Page 4 of 4

CITY OF LA VERGNE

BY: ______________________________ Mayor

ATTEST: _________________________ City Recorder (City Seal) STATE OF TENNESSEE ) ) COUNTY OF _____________ ) This is to certify that on the ___________ day of _________, 2011, before me came Michael H. Yount, with whom I am personally acquainted, who, being by me duly sworn, says that he is the Senior Vice President - Utility Operations of Piedmont Natural Gas Company, Inc., and Jane R. Lewis-Raymond, with whom I am personally acquainted, who, being by me duly sworn, says that she is the Vice President, General Counsel, Corporate Secretary and Chief Compliance Officer of Piedmont Natural Gas Company, Inc.; that the Senior Vice President - Utility Operations and Vice President, General Counsel, Corporate Secretary and Chief Compliance Officer subscribed their names thereto, and the Company's corporate seal was affixed, all with the consent of the Board of Directors of the Company. Witness my hand and official seal, this the ___________ day of _____________, 2011. ___________________________

Notary Public My Commission expires: _____________________


AN ORDINANCE TO AMEND THE 2010-2011 FISCAL YEAR GENERAL FUND BUDGET. BE IT ORDAINED By the Board of Mayor and Aldermen of the City of La Vergne as follows: The 2010-2011 Budget is hereby amended for the General Fund by providing for: Increased Revenue for account number:

36691 Grant - THDA $ 40,301 Total Increased Revenues $ 40,301

Increased Expenditures for account numbers:

44300 Culture $ 40,301 42200 Fire Protection $ 2,500 Total Increased Expenditures $ 42,801

Total Fund Uses

Total Fund Balance/Uses Decrease $ 2,500 THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER THE DATE OF FINAL PASSAGE, THE PUBLIC WELFARE REQUIRING IT.



AN ORDINANCE TO ESTABLISH A PROPERTY TAX RELIEF PROGRAM TO BENEFIT THE ELDERLY LOW INCOME TAXPAYERS, TOTALLY AND PERMANENTLY DISABLED TAXPAYERS AND DISABLED VETERAN TAXPAYERS. WHEREAS, Tennessee Code Annotated, § 67-5-701(j) allows all counties and municipalities to appropriate funds for the tax relief of elderly low-income and disabled homeowners who are eligible for tax relief under state law; and WHEREAS, the City of La Vergne wishes to establish a Property Tax Relief Program to benefit the elderly low income taxpayers, totally and permanently disabled taxpayers and disabled veteran taxpayers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF LA VERGNE BOARD OF MAYOR AND ALDERMEN, that: Section 1. Title 5 of the La Vergne Municipal Code be amended by adding a

new Chapter 6, entitled “Real and Personal Property Taxes” to read as follows:

CHAPTER 6

REAL AND PERSONAL PROPERTY TAXES SECTION 5-601. When due and payable. 5-602. When delinquent - penalty and interest. 5-603. Property tax relief program. 5-601. When due and payable. Taxes levied by the city against real and personal property shall become due and payable annually on the first Monday of October of the year for which levied. 5-602. When delinquent - penalty and interest. All real property taxes shall become delinquent on and after the first day of March next after they become due and payable and shall thereupon be subject to such penalty and interest as is authorized and prescribed by the state law for delinquent county real property taxes.

DRAFT 5-603. Property tax relief program. (1) A property tax relief program for elderly low income taxpayers, totally and permanently disabled taxpayers and disabled veteran taxpayers is hereby established. (2) The taxpayers to receive this relief shall be determined in accordance with the property tax relief listing as specified by Tennessee Code Annotated, § 67-5-701 through 67-5-705, as amended, issued by the State of Tennessee. (3) The amount of property tax relief granted by the city shall be an additional amount equivalent to the municipal property tax relief given by the State of Tennessee as defined above. The total property tax relief provided cannot exceed the total property taxes actually paid. (4) The city administrator, or his designee, is hereby authorized to develop the necessary procedures to execute said program. Section 2. This ordinance shall become effective on the first day of the month

following the final passage of this ordinance the public welfare requiring it.

LEGAL STATUS PROVISIONS Approved by the Mayor and Board of Aldermen: ________________ 1st Reading _____________________________________ ________________ Senna Mosley, Mayor 2nd Reading

ATTEST: _____________________________________ Bruce E. Richardson, City Recorder Published in the Daily News Journal on ________________________.

DRAFT

Page 1 of 11

Ordinance #2011-24

AN ORDINANCE TO AMEND TITLE 14, CHAPTER 3 OF THE LA VERGNE MUNICIPAL CODE REGARDING GRADING, SOIL EROSION AND SEDIMENTATION CONTROL. BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF LA VERGNE, TENNESSEE, that: SECTION I. Title 14, Chapter 3 of the La Vergne Municipal Code be amended to read

as follows:

CHAPTER 3

GRADING, SOIL EROSION, AND SEDIMENTATION CONTROL SECTION 14-301. Purpose. 14-302. Rules applying to chapter. 14-303. Definitions. 14-304. Land Disturbance permit required. 14-305. Land Disturbance permit fees. 14-306. Inspection and Enforcement. 14-307. General Criteria. 14-308. Adjustments. 14-309. Final inspection. 14-310. Appeals. 14-311. Penalties. 14-301. Purpose. The City of La Vergne has in the past experienced development causing the displacement of large quantities of earth. Significant problems resulting from such development are soil erosion and sedimentation. Sediment is the cause of contamination of water supplies and water resources and a major source of pollution. A build-up of sediment destroys valuable resources, clogs water courses and causes flooding which results in substantial damage to public and private lands. The result is a serious threat to the health, safety, and general welfare of the community. Therefore, the purpose of this chapter is to substantially reduce erosion and sediment damage within the City of La Vergne and is designed to safeguard the health, safety, and general welfare of the citizens; to preserve the value of land throughout the city; to establish reasonable and accepted standards of design and procedures for development which prevent sediment damage; to prevent the pollution of streams, ponds, and other water courses of sediment; to minimize property damage by means of flooding and to preserve the natural beauty and aesthetics of the community. 14-302. Rules applying to chapter. For the purpose of this chapter, certain rules of construction shall apply herein as follows:

DRAFT

Page 2 of 11

(1) Words used in the present tense shall include the future tense and the singular includes the plural, unless otherwise indicated in the text. (2) The term "shall" is always mandatory and not discretionary; the words "may" and "should" are permissive in nature. (3) Except as herein provided, all words used in this chapter shall have their common dictionary definition. 14-303. Definitions. (1) "Building permit." A general permit issued authorizing any owner, authorized agent, or contractor to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to perform any or to cause any such work to be done. (2) "Cut." Portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to the excavated surface. (3) "Developer." The person, firm, partnership, or corporation authorized by the owner to carry out the development of the land. (4) "Development." The process of grading, clearing, filling, quarrying, construction, or reconstruction to improved or unimproved real estate or other similar activities when not excluded by exemptions from this chapter. (5) "Erosion." The wearing away of land by action of wind, water, or gravity. (6) "Erosion Prevention and sediment control (EPSC) plan." The plan required before a grading permit may be issued. The plan may be included as part of a preliminary plan required under another city ordinance or a separate plan following the specifications set out in this chapter. (7) "Excavation." See cut. (8) "Existing grade." The slope or elevation of existing ground surface prior to cutting or filling. (9) "Fill." Portion of land surface or area to which soil, rock or other materials have been or will be added; height above original ground surface after the material has been or will be added. (10) "Final grade." The final slope or elevation of the ground surface after cutting or filling. (11) "Final plan." The approved erosion and sediment control plan. This plan may differ from the erosion and sediment control plan if adjustments or amendments are required by the city. (12) "Inspector." The person designated by the city manager to issue grading permits and to carry out inspections of the permitted activities.

(13) “Land Disturbance" Any activity on property that results in a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land-disturbing activities include, but are not limited to, development, re-development, demolition, construction, reconstruction, clearing, grading, filling, and excavation. "Grading" shall be synonymous with "land disturbing activity." (14) “Land Disturbance Permit." A permit issued to authorize land disturbance to be performed under the guidelines of this chapter. (15) "Mulching." The application of plant or other suitable materials on the soil surface to conserve moisture, reduce erosion, and aid in establishing plant cover. (16) "Owner." The legal owner of the property as recorded in the Rutherford County Register of Deeds office at the time of application of the grading permit. The person ultimately responsible for adhering to the provisions of this chapter.

DRAFT

Page 3 of 11

(17) "Sediment." Rock, sand, gravel, silt, or other material deposited by action of wind, water, or gravity. (18) "Sediment basin, trap, barrier, or perimeter dike." A barrier or dam built across a waterway or water course, or at other locations to retain sediment. (19) "Soil stabilization." Measures which protect soil from erosion. (20) “Stormwater Appeals and Advisory Board." The body which has been delegated the authority by the Council of the City of La Vergne to hear appeals concerning decisions made by the city administrator or his designee as to the interpretation of the meaning of this code. (21) “Stormwater Pollution Prevention Plan (SWPPP)” A written plan that includes site map(s), an identification of construction/contractor activities that could cause pollutants in the stormwater, and a description of measures or practices to control these pollutants. (22) "Stripping." Any activity which removes or significantly disturbs the vegetative surface cover including clearing and grubbing operations. (23) "Use." Any purpose for which a building or other structure or a tract of land which may be designed, arranged, intended, maintained, or occupied, or any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure or tract of land. 14-304. Land disturbance permits. No building permit shall be issued until the applicant has obtained a land disturbance permit where the same is required by this ordinance. (1) Land disturbance permit applicability. Every person will be required to obtain a land disturbance permit from the city engineer in the following cases:

(a) Land disturbing activity disturbs one (1) or more acres of land; (b) Land disturbing activity of less than one (1) acre of land if such activity is

part of a larger common plan of development that affects one (1) or more acre of land; (c) Land disturbing activity of less than one (1) acre of land, if in the

discretion of the city engineer or other appropriate authority, such activity poses a threat to water, public health, or safety; and

(d) The creation and use of borrow pits. (2) Land disturbance permit application. (a) Application for a land disturbance

permit on sites requiring a "Tennessee General Permit for Storm Water Discharges from Construction Activities" shall require the following be submitted to the city engineer for review and approval:

(i) The Notice of Intent (NOI) required by TDEC for coverage under the "Tennessee General Permit for Storm Water Discharges from Construction Activities."

(ii) The Notice of Coverage (NOC) proving coverage under the "Tennessee General Permit for Storm Water Discharges from Construction Activities."

(iii) The Storm Water Pollution Prevention Plan prepared for coverage under the "Tennessee General Permit for Storm Water Discharges from Construction Activities."

(iv) Separate sheets, at a scale not to exceed one (1) inch equal to fifty (50) feet, for pre-construction, construction, and post construction storm water BMPs. For site disturbances less than 5 acres, at lease two separate EPSC plan sheets shall be developed. At lease two stages shall be identified, with associated EPSC measures addressed. The plan stages shall be

DRAFT

Page 4 of 11

addressed separately in plan sheets, with each reflecting the conditions and EPSC measures necessary to manage stormwater runoff, erosion and sediment during the initial land disturbance (initial grading) and the conditions and EPSC measures necessary to manage stormwater, erosion and sediment at final grading. For site disturbances more than 5 acres at least 3 separate EPSC sheets shall be developed. Three stages shall be identified. The first plan sheet should reflect the conditions and EPSC measures necessary to manage stormwater runoff during the initial land disturbance (initial grading). The second plan sheet shall reflect the conditions the EPSC measures necessary to manage stormwater runoff from interim land disturbance activities. The third plan sheet shall reflect the conditions and EPSC measures necessary to manage stormwater runoff, erosion and sediment at final grading. (b) Application for a land disturbance permit on sites which pose a threat to

water, public health, or safety, as determined by the city engineer or other appropriate authority, shall require the following be submitted for review and approval:

(i) Name of applicant; (ii) Business or residence address of applicant; (iii) Name, address and telephone number of the owner of the

property of record in the office of the assessor of property; (iv) Address and legal description of subject property including the tax

reference number and parcel number of the subject property; (v) Name, address and telephone number of the contractor and any

subcontractor(s) who shall perform the land disturbing activity and who shall implement the erosion and sediment control plan;

(vi) A statement indicating the nature, extent and purpose of the land disturbing activities including the size of the area for which the permit shall be applicable and a schedule for the starting and completion dates of the land disturbing activity.

(vii) Where the property includes a sinkhole, the applicant shall obtain from the Tennessee Department of Environment and Conservation appropriate permits.

(viii) The applicant shall obtain from any other state or federal agency any other appropriate environmental permits that pertain to the property. However, the inclusion of those permits in the application shall not foreclose the City of La Vergne from imposing additional development requirements and conditions, commensurate with this ordinance, on the development of property covered by those permits.

(ix) Additional information and calculations as deemed necessary by the city engineer.

(3) Review and approval of land disturbance permit application. The city engineer will review each application for a land disturbance permit to determine its conformance with the provisions of this ordinance. The city engineer shall provide one of the following responses in writing:

(a) Approval of the permit application; (b) Approval of the permit application, subject to such reasonable conditions

as may be necessary to secure substantially the objectives of this ordinance, and issue the permit subject to these conditions; or

(i) If the city engineer has granted conditional approval of the permit, the applicant shall submit a revised plan that conforms to the conditions

DRAFT

Page 5 of 11

established by the city engineer. However, the applicant shall be allowed to proceed with his land disturbing activity so long as it conforms to conditions established by the city engineer. (c) Denial of the permit application, indicating the reason(s) for the denial. (d) No development plans will be released until the land disturbance permit

has been approved. (4) Permit duration. Every land disturbance permit shall expire and become null and void if substantial work authorized by such permit has not commenced within one hundred eighty (180) calendar days of issuance, or is not complete within eighteen (18) months from the date of the commencement of construction. (5) Performance bonds. (a) The City of La Vergne shall require the submittal of a

performance security or performance bond prior to issuance of a permit in order to ensure that the stormwater practices are installed by the permit holder as required by the approved stormwater management plan. The amount of the installation performance security or performance bond shall be the total estimated construction cost of the structural BMP(s) approved under the permit. The performance security shall contain forfeiture provisions for failure to complete work specified in the stormwater management plan. The applicant shall provide an itemized construction cost estimate complete with unit prices which shall be subject to acceptance, amendment or rejection by the City of La Vergne. Alternatively the City of La Vergne shall have the right to estimate the cost of construction.

(b) The performance security or performance bond shall be released in full only upon submission of as-built plans and written certification by a registered professional engineer licensed to practice in Tennessee that the structural BMP(s) has been installed in accordance with the approved plan and other applicable provisions of this ordinance. The city engineer or designee will make a final inspection of the structural BMP(s) to ensure that it is in compliance with the approved plan and the provisions of this ordinance. Provisions for a partial pro-rata release of the performance security or performance bond based on the completion of various development stages can be made at the discretion of the city engineer.

14-305. Land Disturbance permit fees. If the total area of the property being graded

is less than 1 acre, the grading permit fee shall be $50.00 (fifty dollars). If the total area of the property being graded is 1 acre of more, the grading permit fee shall be $100.00 (one hundred dollars). 14-306. Inspection and enforcement. The requirements of this chapter shall be enforced by the city administrator or his designee who shall inspect all the work, land disturbance or construction involved. If the designee finds any person, firm, or entity engaged in land disturbing activities without having obtained a required land disturbance permit, he shall issue a stop order. In addition, if anyone is found conducting or to have conducted land disturbing activities in violation of this chapter or any approved plan the designee may require compliance or refuse to approve further work and/or issue a stop order pending a hearing before the board of adjustments and appeals. If the city administrator or his designee determines that significant erosion or related problems are occurring on a graded site despite approved protective practices, he shall require the permit holder to take additional corrective actions to protect the adversely affected area. The specifications of the additional measures shall be part of the amended erosion and sediment control plan.

DRAFT

Page 6 of 11

If it is determined that the permit holder has failed to comply with the approved plan, the inspector shall immediately serve upon the owner, developer, or contractor, a correction notice setting forth the measures needed to come into compliance and specifying a time for such compliance. Failure to comply within the time specified shall subject permittee to revocation of the permit, and he shall be deemed in violation of the chapter requirements and subject to the penalties provided therein. Stormwater discharges coming from a permitted site with an objectionable color contrast to receiving waters could also be in violation to the Stormwater Management Ordinance Title 14 Chapter 6 of the Municipal Code. 14-307. General criteria. The following general criteria are minimum requirements for controlling erosion and sedimentation from land-disturbing activities and should be satisfied in each approved erosion-sediment control plan. No permit issued using the general criteria is intended to restrict the use of other innovative practices or modifications to the specified practices if such practices are thoroughly described and detailed and approved given as part of or a supplement to the approved plan prior to installation. (1) Establishment of permanent vegetation. A permanent vegetative cover shall be established on disturbed areas not otherwise permanently stabilized. Permanent vegetation shall not be considered established until a ground cover is achieved which, in the opinion of the city administrator or his designee, is mature enough to control soil erosion satisfactorily and to survive seasonal weather conditions. If it is determined by the city administrator that the vegetation will not with-stand seasonal weather conditions, the release of unobligated monies or bonds shall be determined by the Board of adjustments and appeals. (2) Protection of adjacent properties. Properties adjacent to the site of land disturbance shall be protected from sediment deposition. This may be accomplished by preserving a well vegetated buffer strip around the lower perimeter of the land disturbance, by installing perimeter controls such as sediment barriers, filters, or dikes, or sediment basins, or by a combination of such measures. Vegetated buffer strips may not be used alone. (3) Cut and fill slopes. Cut and fill slopes must be designed and constructed in a manner which will minimize erosion. Consideration must be given to the length and steepness of the slope, the soil type, upslope drainage area, groundwater conditions, and other applicable factors. Slopes which are found to be eroding excessively within one (1) year of the construction must be provided with additional slope stabilizing measures until the problem is corrected. The following guidelines are provided to aid site planners and plan reviewers in developing an adequate design.

(a) Topsoil for the area should be stockpiled and then used for replacement on the graded area.

(b) Roughened soil surfaces are generally preferred to smooth surface on slopes.

(c) Diversions should be constructed at the top of long steep slopes which have significant drainage areas above the slope. Diversions or terraces may also be used to reduce slope length.

(d) Concentrated storm water should not be allowed to flow down or cut or fill slopes unless contained within an adequate temporary or permanent channel, flume, or slope drain structure.

(e) Wherever a slope face crosses a water seepage plane which endangers the stability of the slope, adequate drainage or other protection should be provided.

DRAFT

Page 7 of 11

(4) Protection of storm sewer inlets. All storm sewer inlets which are made operable during construction shall be protected so that sediment-laden water is necessary, precautions must be taken to stabilize the work area during construction to minimize erosion.

(5) Work in Stream Channel. The channel (including bed and banks) must always be re-stabilized immediately after in-channel work is completed. Where a live (wet) water course must be crossed by construction vehicles regularly during construction, a TEMPORARY STREAM CROSSING must be provided, the design of which must be approved by the city administrator or his designee. (6) Underground utility construction. The construction of underground-utility lines shall be subject to the following criteria:

(a) No more than 500 feet of open trench will be allowed at one time. (b) Where consistent with safety and space considerations, excavated

materials is to be placed on the uphill side of trenches. (c) Trench dewatering devices shall discharge in a manner which will not

adversely affect flowing streams, drainage systems, or offsite property. (7) Construction access routes. Off-site vehicle tracking of sediments and the generation of dust shall be minimized. A stabilized construction access (a point of entrance/exit to a construction site) shall be described and implemented, as needed, to reduce the tracking of mud and dirt onto public roads by construction vehicles. The design of the construction access should at a minimum, shall be consistent with the requirements and recommendations contained in the current edition of the Tennessee Erosion and Sediment Control Handbook. Where sediment is transported onto a public road surface, the roads shall be cleaned thoroughly at the end of each day or more often if deemed necessary. Sediment shall be removed from roads by shoveling or sweeping and be transported to a sediment-controlled disposal area. Street washing shall be allowed only after sediment is removed in this manner. (8) Disposition of temporary measures. All temporary erosion and sediment-control measures shall be disposed of within thirty (30) days after final site stabilization is achieved or after the temporary measures are no longer needed, unless otherwise authorized by the city manager or his designee. Trapped sediment and other disturbs soil areas resulting from the disposition of temporary measures shall be permanently stabilized to prevent further erosion and sediment. (9) Maintenance. All temporary and permanent erosion and sediment-control practices shall be maintained and repaired as needed by property owners to assure continued performance of their intended function, as determined by the city administrator or his designee.

(10) The construction-phase erosion prevention controls shall be designed to eliminate (or minimize if complete elimination is not possible) the dislodging and suspension of soil in water. Sediment controls shall be designed to retain mobilized sediment on site to the maximum extent practicable.

(11) The design, inspection, and maintenance of Best Management Practices (BMPs) as described in the Stormwater Pollution Prevention Plan (SWPPP) must be prepared in accordance with good engineering practices and, at a minimum, shall be consistent with the requirements and recommendations contained in the current edition of the Tennessee Erosion and Sediment Control Handbook. In addition, all control measures must be properly selected, installed, and maintained in accordance with the manufacturer’s specifications (where applicable). All control measures control measures selected must be able to slow runoff so that rill and gully formation is prevented.

DRAFT

Page 8 of 11

(12) Off Site Sediment. If sediment escapes the permitted area, off-site accumulations of sediment that have not reached a stream must be removed at a frequency sufficient to minimize offsite impacts (e.g. fugitive sediment that has escaped the construction site and has collected in a street must be removed so that it is not subsequently washed into storm sewers and streams by the next rain and/or so that it does not pose a safety hazard to users of public streets). A Land Disturbance Permit does not authorize access to private property. Arrangements concerning removal of sediment on adjoining property must be settled by the permittee with the adjoining landowner.

(13) Sediment Removal. Sediment should be removed from sediment traps, silt fences, sedimentation ponds, and other sediment controls as recommended in the Tennessee Erosion and Sediment Control Handbook, and must be removed when design capacity has been reduced by 50%.

(14) Removal of Vegetation. Pre-construction vegetative ground cover shall not be destroyed, removed or disturbed more than 15 days prior to grading or earth moving unless the area is seeded and/or mulched or temporary cover is installed.

Clearing and grubbing must be held to the minimum necessary for grading and equipment operation. Existing vegetation at the site should be preserved to the maximum extent practicable.

(15) Construction Phasing. Construction phasing is required on all projects regardless of size as a major practice for minimizing erosion and limiting sedimentation. Construction must be phased to keep the total disturbed area less than 50 acres at any one time. Areas of the completed phase must be stabilized within 15 days. No more than 50 acres of active soil disturbance is allowed at any time during the construction project. This includes off-site borrow or disposal areas.

The 50 acre limitation does not apply to linear construction projects (such as roadway, pipeline, and other infrastructure construction activities) if the following conditions are met:

(a) Where no one area of active soil disturbance is greater than 50 acres and the various areas of disturbance have distinct receiving waters; or

(b) Where contiguous disturbances amount to greater than 50 acres, but no one distinct water is receiving run off from more than 50 disturbed acres; or

(c) With the department’s written concurrence, where more than 50 acres of disturbance is to occur and where one receiving water will receive run-off from more than 50 acres; or

(d) Where no one area of active soil disturbance is greater than 50 acres and the various areas of disturbance are more than 5 miles apart.

In order for a linear project to take advantage of the 50 acre rule exemption outlined in this paragraph, the contractor shall conduct monthly site assessments until the site is permanently stabilized. (16) Erosion prevention and sediment control measures must be in place and

functional before earth moving operations begin, and must be constructed and maintained throughout the construction period. Temporary measures may be removed at the beginning of the workday, but must be replaced at the end of the workday.

(17) Stabilization. Stabilization measures shall be initiated as soon as possible in portions of the site where construction activities have temporarily or permanently ceased. Temporary or permanent soil stabilization at the construction site (or a phase of the project) must be completed no later than 15 days after the construction activity in that portion of the site has temporarily or permanently ceased.

In the following situations, temporary stabilization measures are not required:

DRAFT

Page 9 of 11

a) where the initiation of stabilization measures is precluded by snow cover or frozen ground conditions or adverse soggy ground conditions, stabilization measures shall be initiated as soon as practicable; or

b) where construction activity on a portion of the site is temporarily ceased, and earth disturbing activities will be resumed within 15 days. Steep slopes shall be temporarily stabilized not later than 7 days after construction

activity on the slope has temporarily or permanently ceased. Permanent stabilization with perennial vegetation (using native herbaceous and woody

plants where practicable) or other permanently stable, non-eroding surface shall replace any temporary measures as soon as practicable. Unpacked gravel containing fines (silt and clay sized particles) or crusher runs will not be considered a non-eroding surface.

(18) Design of Erosion and Sediment Control Measures. Erosion prevention and sediment control measures must be prepared in accordance with good engineering practices and the latest edition of the Tennessee Erosion and Sediment Control Handbook. In addition, erosion prevention and sediment controls shall be designed to minimize erosion and maximize sediment removal resulting from a 2-year, 24-hour storm, as a minimum, either from total rainfall in the designated period or the equivalent intensity as specified on the following website http://hdsc.nws.noaa.gov/hdsc/pfds/orb/tn_pfds.html. When clay and other fine particle soils are present at the construction site, chemical treatment may be used to minimize amount of sediment being discharged. For construction sites discharging into a water body on the list of impaired waters or waters designated by TDEC as Exceptional Tennessee waters shall be designed to minimize erosion and maximize sediment removal resulting from a 5-year, 24-hour storm, as a minimum, either from total rainfall in the designated period or the equivalent intensity as specified on the following website http://hdsc.nws.noaa.gov/hdsc/pfds/orb/tn_pfds.html. (19) Sediment Basin. For an on-site outfall which receives drainage from 10 or more acres, a minimum sediment basin volume that will provide treatment for a calculated volume of runoff from a 2 year, 24 hour storm and runoff from each acre drained, or equivalent control measures as specified in the Tennessee Erosion and Sediment Control Handbook, shall be provided until final stabilization of the site. For construction sites discharging into a water body on the list of impaired waters or waters designated by TDEC as Exceptional Tennessee waters a minimum sediment basin volume that will provide treatment for a calculated volume of runoff from a 5 year, 24 hour storm and runoff from each acre drained, or equivalent control measures as specified in the Tennessee Erosion and Sediment Control Handbook, shall be provided until final stabilization of the site. A drainage area of 10 or more acres includes both disturbed and undisturbed portions of the site or areas adjacent to the site, all draining through the common outfall. (20) Settling Basins. Muddy water to be pumped from excavation and work areas must be held in settling basins or filtered or chemically treated prior to its discharge into surface waters. Water must be discharged through a pipe, well-grassed or lined channel or other equivalent means so that the discharge does not cause erosion and sedimentation. Discharged water must not cause an objectionable color contrast with the receiving stream. 14-308. Adjustments. The city administrator may waive or modify any of the general criteria which are deemed inappropriate or too restrictive for site conditions, by granting an adjustment. Adjustments may be granted in writing under the following conditions: (1) At the time of plan submission, an applicant may request adjustments to become part of the approved Erosion and Sediment-Control Plan. The applicant must

DRAFT

Page 10 of 11

explain the reasons for requesting adjustments in writing. Specific adjustments which are allowed must be documented on the approved plan. (2) During construction, the applicant may request adjustments to the approved plan in writing. A response, in writing, approving or disapproving such request, should be given within five (5) working days. Without a written approval, no adjustment shall be considered valid. 14-309. Final inspection. Upon completion of the work specified in the final plan, the applicant shall request a final inspection and approval. Final inspection will occur within five (5) days. If upon final inspection. the City administrator or his designee would determine that the final plan has been completed with, he shall sign the appropriate blank on the grading permit, approving compliance with the plan. If he should determine that there has not been compliance, he shall so notify the applicant and state his reason for so deciding. The applicant may then correct any deficiencies and then request a final inspection and approval; or submit a performance bond with narrative stating when the unfinished work will be completed. 14-310. Appeals. Pursuant to Tennessee Code Annotated, § 68-221-1106(d), any person aggrieved by the imposition of a civil penalty, decision or damage assessment as provided by this ordinance may appeal said penalty, decision or damage assessment to the City of La Vergne's Stormwater Appeals and Advisory Board. Any person aggravated by a final decision of the board may seed review by a court competent jurisdiction.

14-311. Penalties. (1) Violations. Any person who shall commit any act declared unlawful under this ordinance, who violates any provision of this ordinance, who violates the provisions of any permit issued pursuant to this ordinance, or who fails or refuses to comply with any lawful communication or notice to abate or take corrective action by the City of La Vergne, shall be guilty of a civil offense. (2) Penalties. Under the authority provided in Tennessee Code Annotated § 68-221-1106, the City of La Vergne declares that any person violating the provisions of this ordinance may be assessed a civil penalty by the City of La Vergne of not less than fifty dollars ($50.00) and not more than five thousand dollars ($5,000.00) per day for each day of violation. Each day of violation shall constitute a separate violation. (3) Measuring civil penalties. In assessing a civil penalty, the City of La Vergne may consider:

(a) The harm done to the public health or the environment; (b) Whether the civil penalty imposed will be a substantial economic

deterrent to the illegal activity; (c) The economic benefit gained by the violator; (d) The amount of effort put forth by the violator to remedy this violation; (e) Any unusual or extraordinary enforcement costs incurred by the City of

La Vergne; (f) The amount of penalty established by ordinance or resolution for specific

categories of violations; and (g) Any equities of the situation which outweigh the benefit of imposing any

penalty or damage assessment. (4) Recovery of damages and costs. In addition to the civil penalty in § 14-314(2), the City of La Vergne may recover:

DRAFT

Page 11 of 11

(a) All damages proximately caused by the violator to the City of La Vergne, which may include but not be limited to any reasonable expenses incurred in investigating violations of, and enforcing compliance with, this ordinance, or any other actual damages caused by the violation including attorneys' fees.

(b) The costs of the City of La Vergne's maintenance of stormwater facilities when the user of such facilities fails to maintain them as required by this ordinance.

(5) Other remedies. The City of La Vergne may bring legal action to enjoin the continuing violation of this ordinance, and the existence of any other remedy, at law or equity, shall be no defense to any such actions. (6) Remedies cumulative. The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one (1) or more of the remedies set forth herein has been sought or granted. SECTION II. Each section, subsection, paragraph, sentence and clause of this

ordinance is hereby declared to be separable and severable. The validity of any section, subsection, paragraph, sentence or clause shall not be effected by the invalidity of any other portion of this ordinance, and only any portion declared to be invalid by a court of competent jurisdiction shall be deleted herefrom.

SECTION III. That this Ordinance take effect forthwith upon its final passage, the

public welfare requiring it.



DRAFTStormwater Appeals and Advisory Board

Meeting: August 18, 2011

City of La Vergne

Request: Revisions to the Title 14 Chapters 3 “Grading, Soil Erosion, and

Sedimentation Control” and 6 “Stormwater Management of the Municipal Code”

Proposed by: Katie Kline, Stormwater Project Engineer Revisions to the Ordinance

1. The two chapters of the municipal code had conflicting language that has now been corrected.

2. Updated 14-307 “General Criteria” so the City’s requirements match that of the

State of Tennessee “General NPDES Permit for Discharges of Stormwater Associated with Construction Activities”.

3. Added Requirements needed for a Land Disturbance Permit to both chapters.

DRAFTCHAPTER 3

GRADING, SOIL EROSION, AND SEDIMENTATION CONTROL

SECTION 14-301. Purpose. 14-302. Rules applying to chapter. 14-303. Definitions. 14-304. Grading Land Disturbance permit required. 14-305. Grading Land Disturbance permit fees. 14-306. Exceptions. Inspection and Enforcement. 14-307. Application and plan review. General Criteria. 14-308. Inspection and enforcement. 14-309. Bond requirement, fees. 14-310. General criteria. 14-311 308. Adjustments. 14-312 309. Final inspection. 14-313 310. Appeals. 14-314 311. Penalties. 14-301. Purpose. The City of La Vergne has in the past experienced development causing the displacement of large quantities of earth. Significant problems resulting from such development are soil erosion and sedimentation. Sediment is the cause of contamination of water supplies and water resources and a major source of pollution. A build-up of sediment destroys valuable resources, clogs water courses and causes flooding which results in substantial damage to public and private lands. The result is a serious threat to the health, safety, and general welfare of the community. Therefore, the purpose of this chapter is to substantially reduce erosion and sediment damage within the City of La Vergne and is designed to safeguard the health, safety, and general welfare of the citizens; to preserve the value of land throughout the city; to establish reasonable and accepted standards of design and procedures for development which prevent sediment damage; to prevent the pollution of streams, ponds, and other water courses of sediment; to minimize property damage by means of flooding and to preserve the natural beauty and aesthetics of the community. (1994 Code, § 14-301) 14-302. Rules applying to chapter. For the purpose of this chapter, certain rules of construction shall apply herein as follows: (1) Words used in the present tense shall include the future tense and the singular includes the plural, unless otherwise indicated in the text. (2) The term "shall" is always mandatory and not discretionary; the words "may" and "should" are permissive in nature.

DRAFT (3) Except as herein provided, all words used in this chapter shall have their common dictionary definition. (1994 Code, § 14-302) 14-303. Definitions. (1) "Board of adjustments and appeals. The body which has been delegated the authority by the Council of the City of La Vergne to hear appeals concerning decisions made by the city administrator or his designee as to the interpretation of the meaning of this code. (1) "Building permit." A general permit issued authorizing any owner, authorized agent, or contractor to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to perform any or to cause any such work to be done. (2) "Cut." Portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to the excavated surface. (3) "Developer." The person, firm, partnership, or corporation authorized by the owner to carry out the development of the land. (4) "Development." The process of grading, clearing, filling, quarrying, construction, or reconstruction to improved or unimproved real estate or other similar activities when not excluded by exemptions from this chapter. (5) "Erosion." The wearing away of land by action of wind, water, or gravity. (6) "Erosion Prevention and sediment control (EPSC) plan." The plan required before a grading permit may be issued. The plan may be included as part of a preliminary plan required under another city ordinance or a separate plan following the specifications set out in this chapter. (7) "Excavation." See cut. (8) "Existing grade." The slope or elevation of existing ground surface prior to cutting or filling. (9) "Fill." Portion of land surface or area to which soil, rock or other materials have been or will be added; height above original ground surface after the material has been or will be added. (10) "Final grade." The final slope or elevation of the ground surface after cutting or filling. (11) "Final plan." The approved erosion and sediment control plan. This plan may differ from the erosion and sediment control plan if adjustments or amendments are required by the city. (13) "Grading" Any operation or occurrence by which the existing site elevations are changed by cutting, filling, borrowing, stock piling, or where any ground cover, natural or man-made, is removed, or any buildings or other structures are removed or any water course or body of water, either natural or man-made is relocated on any site, thereby creating an unprotected area. "Grading" shall be synonymous with "land disturbing activity." (14) Grading permit." A permit issued to authorize excavation and/or fill to be performed under the guidelines of this chapter.

DRAFT (12) "Inspector." The person designated by the city manager to issue grading permits and to carry out inspections of the permitted activities.

(13) “Land Disturbance" Any activity on property that results in a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land-disturbing activities include, but are not limited to, development, re-development, demolition, construction, reconstruction, clearing, grading, filling, and excavation. "Grading" shall be synonymous with "land disturbing activity." (14) “Land Disturbance Permit." A permit issued to authorize land disturbance to be performed under the guidelines of this chapter. (15) "Mulching." The application of plant or other suitable materials on the soil surface to conserve moisture, reduce erosion, and aid in establishing plant cover. (16) "Owner." The legal owner of the property as recorded in the Rutherford County Register of Deeds office at the time of application of the grading permit. The person ultimately responsible for adhering to the provisions of this chapter. (17) "Sediment." Rock, sand, gravel, silt, or other material deposited by action of wind, water, or gravity. (18) "Sediment basin, trap, barrier, or perimeter dike." A barrier or dam built across a waterway or water course, or at other locations to retain sediment. (19) "Soil stabilization." Measures which protect soil from erosion. (20) “Stormwater Appeals and Advisory Board." The body which has been delegated the authority by the Council of the City of La Vergne to hear appeals concerning decisions made by the city administrator or his designee as to the interpretation of the meaning of this code. (21) “Stormwater Pollution Prevention Plan (SWPPP)” A written plan that includes site map(s), an identification of construction/contractor activities that could cause pollutants in the stormwater, and a description of measures or practices to control these pollutants. (22) "Stripping." Any activity which removes or significantly disturbs the vegetative surface cover including clearing and grubbing operations. (23) "Use." Any purpose for which a building or other structure or a tract of land which may be designed, arranged, intended, maintained, or occupied, or any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure or tract of land. (1994 Code, § 14-303) 14-304. Grading permit required. Except as permitted in section 14-306, no individual, partnership, firm association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, county, city, or other political subdivision, cooperative, or any other legal entity shall engage in any land-disturbing activity within the corporate limits of the City of La Vergne which may result in soil erosion from water or wind and the movement of sediments, including, but not limited to, clearing grading, excavation,

DRAFTtransporting, and filling unless a grading permit has first been obtained from the office of the city administrator or his designee. All development activities which require right-of-way cuts or excavation within the development site and shown on a site plan shall be subject to all applicable fees. Grading activities which involve no construction or right-of-way cuts shall be subject to the grading permit fee schedule only. All exceptions to the chapter, which are outlined in section 14-306, and which involve land disturbing activities will be required to use and maintain erosion control techniques and follow those requirements outlined in section 14-310. If unstable or eroding soil conditions exist during the construction of those structures exempted in section 14-306, then section 14-304 shall prevail. These general provisions of controlling erosion shall be adhered to prior to the issuance of a Certificate of Occupancy. (1994 Code, § 14-304) 14-305. Grading permit fees. If the total area of the property being graded is less than 1 acre, the grading permit fee shall be $50.00 (fifty dollars). If the total area of the property being graded is 1 acre of more, the grading permit fee shall be $100.00 (one hundred dollars). (1994 Code, § 14-305) 14-306. Exceptions. Permits shall not be required for the following land disturbing activities: (1) Home gardens, home landscaping, or lawn preparations on existing lots or parcels unless the possibility for erosion or alteration of drainage is such to necessitate a grading permit. (2) Individual utility service connections. (3) Construction, installation, or maintenance of electric, telephone, and cable television lines and poles. (4) Installation, Maintenance and repair of any underground public utility line when such activity occurs on an existing right-of-way, and a cut or excavation permit has been obtained. (5) Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, if following a plan approval by local soil conservation service. (6) Single lot site preparations for single family dwelling, two family attached dwellings, three family attached dwelling, or four family attached dwellings provided:

(a) That the grading does not alter a previously approved erosion and sediment plan;

(b) the lot is not part of a phased development relative to the provisions and regulations outlined in the site plan review ordinance;

(c) that the building inspector shall have the authority to require standard soil erosion practices on site if deemed necessary.

(7) Installation or maintenance of sub-surface sewage disposal fields. (1994 Code, § 14-306)

DRAFT 14-307. Application and plan review. No grading land disturbance permit shall be issued until an erosion prevention and sediment control plan has been approved by the city administrator or his designee. All grading land disturbance permit applications for the disturbance of one acre or more shall include an approved Tennessee Department of Environment and Conservation "Division of Water Pollution Control Notice of Intent under the General Permit for Construction Storm Water." The erosion prevention and sediment control plan shall comply, at a minimum, with the requirements put forth in section 14-310 of this chapter. The city administrator or his designee may require additional information if deemed necessary. The complexity of the plan should be commensurate with the size of the project, severity of site conditions and potential for off-site damage. Each plan shall contain the name, address, and telephone number of the owner or developer of the property to be graded and a brief project description. In addition, a time schedule for completion and periodic maintenance after completion, calculations when needed, predevelopment and post development contours, details of erosion control practices, clearing and grading limits, daily cleanup and site control practices, and any other information needed to accurately depict solutions to development situations may be required. The city administrator or his designee may require that the erosion prevention and sediment control plan be developed by a qualified engineer, landscape architect, hydrologist, or other qualified personnel. The city administrator and/or his designee shall review the plans with the necessary staff and make a determination with respect to the sufficiency of the erosion sediment control plan within ten (10) working days from submittal of the plan. No notification to the developer or owner within the ten working days shall be deemed approval of the plan and the applicant will be eligible for a grading permit. If the plan is determined insufficient, the city administrator or his designee shall inform the developer or owner of deficiencies with the plan. After corrections and additions to the Erosion and Sediment Control Plan, the plan may be resubmitted to the city administrator for review. (1994 Code, § 14-307) 14-304. Land disturbance permits. No building permit shall be issued until the applicant has obtained a land disturbance permit where the same is required by this ordinance. (1) Land disturbance permit applicability. Every person will be required to obtain a land disturbance permit from the city engineer in the following cases:

(a) Land disturbing activity disturbs one (1) or more acres of land;

(b) Land disturbing activity of less than one (1) acre of land if such activity is part of a larger common plan of development that affects one (1) or more acre of land;

DRAFT(c) Land disturbing activity of less than one (1) acre of land,

if in the discretion of the city engineer or other appropriate authority, such activity poses a threat to water, public health, or safety; and

(d) The creation and use of borrow pits. (2) Land disturbance permit application. (a) Application for a land

disturbance permit on sites requiring a "Tennessee General Permit for Storm Water Discharges from Construction Activities" shall require the following be submitted to the city engineer for review and approval:




(iv) Separate sheets, at a scale not to exceed one (1) inch equal to fifty (50) feet, for pre-construction, construction, and post construction storm water BMPs. For site disturbances less than 5 acres, at lease two separate EPSC plan sheets shall be developed. At lease two stages shall be identified, with associated EPSC measures addressed. The plan stages shall be addressed separately in plan sheets, with each reflecting the conditions and EPSC measures necessary to manage stormwater runoff, erosion and sediment during the initial land disturbance (initial grading) and the conditions and EPSC measures necessary to manage stormwater, erosion and sediment at final grading. For site disturbances more than 5 acres at least 3 separate EPSC sheets shall be developed. Three stages shall be identified. The first plan sheet should reflect the conditions and EPSC measures necessary to manage stormwater runoff during the initial land disturbance (initial grading). The second plan sheet shall reflect the conditions the EPSC measures necessary to manage stormwater runoff from interim land disturbance activities. The third plan sheet shall reflect the conditions and EPSC measures necessary to manage stormwater runoff, erosion and sediment at final grading.

(b) Application for a land disturbance permit on sites which

pose a threat to water, public health, or safety, as determined by the

DRAFTcity engineer or other appropriate authority, shall require the following be submitted for review and approval:

(i) Name of applicant; (ii) Business or residence address of applicant; (iii) Name, address and telephone number of the owner

of the property of record in the office of the assessor of property;

(iv) Address and legal description of subject property including the tax reference number and parcel number of the subject property;

(v) Name, address and telephone number of the contractor and any subcontractor(s) who shall perform the land disturbing activity and who shall implement the erosion and sediment control plan;






(a) Approval of the permit application; (b) Approval of the permit application, subject to such

reasonable conditions as may be necessary to secure substantially the objectives of this ordinance, and issue the permit subject to these conditions; or

(i) If the city engineer has granted conditional approval of the permit, the applicant shall submit a revised plan that conforms to the conditions established by the city engineer. However, the applicant shall be allowed to proceed

DRAFTwith his land disturbing activity so long as it conforms to conditions established by the city engineer. (c) Denial of the permit application, indicating the reason(s)

for the denial. (d) No development plans will be released until the land

disturbance permit has been approved. (4) Permit duration. Every land disturbance permit shall expire and become null and void if substantial work authorized by such permit has not commenced within one hundred eighty (180) calendar days of issuance, or is not complete within eighteen (18) months from the date of the commencement of construction. (5) Performance bonds. (a) The City of La Vergne shall require the

submittal of a performance security or performance bond prior to issuance of a permit in order to ensure that the stormwater practices are installed by the permit holder as required by the approved stormwater management plan. The amount of the installation performance security or performance bond shall be the total estimated construction cost of the structural BMP(s) approved under the permit. The performance security shall contain forfeiture provisions for failure to complete work specified in the stormwater management plan. The applicant shall provide an itemized construction cost estimate complete with unit prices which shall be subject to acceptance, amendment or rejection by the City of La Vergne. Alternatively the City of La Vergne shall have the right to estimate the cost of construction.

(b) The performance security or performance bond shall be released in full only upon submission of as-built plans and written certification by a registered professional engineer licensed to practice in Tennessee that the structural BMP(s) has been installed in accordance with the approved plan and other applicable provisions of this ordinance. The city engineer or designee will make a final inspection of the structural BMP(s) to ensure that it is in compliance with the approved plan and the provisions of this ordinance. Provisions for a partial pro-rata release of the performance security or performance bond based on the completion of various development stages can be made at the discretion of the city engineer. (1994 Code, § 14-604)

14-305. Land Disturbance permit fees. If the total area of the

property being graded is less than 1 acre, the grading permit fee shall be $50.00 (fifty dollars). If the total area of the property being graded is 1 acre of more, the grading permit fee shall be $100.00 (one hundred dollars). (1994 Code, § 14-305)

DRAFT 14-308 14-306. Inspection and enforcement. The requirements of this chapter shall be enforced by the city administrator or his designee who shall inspect all the work, grading land disturbance or construction involved. If the designee finds any person, firm, or entity engaged in land disturbing activities without having obtained a required grading land disturbance permit, he shall issue a stop order. In addition, if anyone is found conducting or to have conducted land disturbing activities in violation of this chapter or any approved plan the designee may require compliance or refuse to approve further work and/or issue a stop order pending a hearing before the board of adjustments and appeals. If the city administrator or his designee determines that significant erosion or related problems are occurring on a graded site despite approved protective practices, he shall require the permit holder to take additional corrective actions to protect the adversely affected area. The specifications of the additional measures shall be part of the amended erosion and sediment control plan. If it is determined that the permit holder has failed to comply with the approved plan, the inspector shall immediately serve upon the owner, developer, or contractor, a correction notice setting forth the measures needed to come into compliance and specifying a time for such compliance. Failure to comply within the time specified shall subject permitee to revocation of the permit, and he shall be deemed in violation of the chapter requirements and subject to the penalties provided therein. (1994 Code, § 14-306) Stormwater discharges coming from a permitted site with an objectionable color contrast to receiving waters could also be in violation to the Stormwater Management Ordinance Title 14 Chapter 6 of the Municipal Code. 14-309. Bond requirement, fees. Prior to the issuing of a permit, the applicant may be required to provide a reasonable cash deposit, bond, certified check, or other acceptable form of security for the amount of work to be done pursuant to the approved plan. Within sixty (60) days of the completion and acceptance of all provisions of the approved plan, cash deposits, or other legal arrangements. or unexpected or unobligated funds, thereof, shall be refunded or terminated. The city board of mayor and alderman at its discretion may set fees for obtaining a grading permit. If a permit fee schedule is established it shall be done by resolution. (1994 Code, § 14-309) 14-310 14-307. General criteria. The following general criteria are minimum requirements for controlling erosion and sedimentation from land-disturbing activities and should be satisfied in each approved erosion-sediment control plan. No permit issued using the general criteria is intended to restrict the use of other innovative practices or modifications to the specified practices if such practices are thoroughly described and detailed and approved given as part of or a supplement to the approved plan prior to installation.

DRAFT (1) Stabilization of disturbed areas and soil stockpiles. Temporary soil stabilization must be applied to disturbed areas when and where deemed necessary for the purpose of good soil stabilization practices. Applicable soil stabilization practices include vegetative establishment, mulching, and the early application of gravel base on areas to be paved. Soil stabilization measures should be selected to be appropriate for the time of year, site conditions, and estimated duration of use. Soil stockpiles not stabilized by vegetation must be stabilized or protected with sediment trapping measures to prevent soil loss. (21) Establishment of permanent vegetation. A permanent vegetative cover shall be established on disturbed areas not otherwise permanently stabilized. Permanent vegetation shall not be considered established until a ground cover is achieved which, in the opinion of the city administrator or his designee, is mature enough to control soil erosion satisfactorily and to survive seasonal weather conditions. If it is determined by the city administrator that the vegetation will not with-stand seasonal weather conditions, the release of unobligated monies or bonds shall be determined by the Board of adjustments and appeals. (32) Protection of adjacent properties. Properties adjacent to the site of land disturbance shall be protected from sediment deposition. This may be accomplished by preserving a well vegetated buffer strip around the lower perimeter of the land disturbance, by installing perimeter controls such as sediment barriers, filters, or dikes, or sediment basins, or by a combination of such measures. Vegetated buffer strips may not be used alone only where runoff in sheet flow is expected. Buffer strips should be at lease twenty (20) feet width. If at any time it is found that a vegetated buffer strip alone is ineffective in stopping sediment movement onto adjacent property, additional perimeter controls must be provided. (4) Timing and stabilization of sediment trapping measures. Sediment basins and traps, perimeter dikes, sediment barriers, and other measures intended to trap sediment on-site must be constructed as a first step in grading and be made functional before upslope land disturbance takes place. Earthen structures such as dams, dikes, and diversions must be seeded and mulched within fifteen (15) days of installations. These measures must be maintained in good working order and must remain in place until such time as the city administrator or his designee deems the area to be stabilized. (5) Sediment basins. Storm water runoff from drainage areas with five (5) acres or grater disturbed area must pass through a SEDIMENT BASIN or other suitable sediment trapping facility with equivalent or grater storage capacity. Sediment basins or traps for smaller disturbed areas may be required where deemed necessary. The sediment basin requirement may also be waived if site conditions do not warrant its construction. (63) Cut and fill slopes. Cut and fill slopes must be designed and constructed in a manner which will minimize erosion. Consideration must be given to the length and steepness of the slope, the soil type, upslope drainage area,

DRAFTgroundwater conditions, and other applicable factors. Slopes which are found to be eroding excessively within one (1) year of the construction must be provided with additional slope stabilizing measures until the problem is corrected. The following guidelines are provided to aid site planners and plan reviewers in developing an adequate design.

(a) Topsoil for the area should be stockpiled and then used for replacement on the graded area.

(b) Roughened soil surfaces are generally preferred to smooth surface on slopes.

(c) Diversions should be constructed at the top of long steep slopes which have significant drainage areas above the slope. Diversions or terraces may also be used to reduce slope length.

(d) Concentrated storm water should not be allowed to flow down or cut or fill slopes unless contained within an adequate temporary or permanent channel, flume, or slope drain structure.

(e) Wherever a slope face crosses a water seepage plane which endangers the stability of the slope, adequate drainage or other protection should be provided.

(74) Protection of storm sewer inlets. All storm sewer inlets which are made operable during construction shall be protected so that sediment-laden water is necessary, precautions must be taken to stabilize the work area during construction to minimize erosion.

(5) Work in Stream Channel. The channel (including bed and banks) must always be restabilizing restabilized immediately after inchannel work is completed. Where a live (wet) water course must be crossed by construction vehicles regularly during construction, a TEMPORARY STREAM CROSSING must be provided, the design of which must be approved by the city administrator or his designee. (86) Underground utility construction. The construction of underground-utility lines shall be subject to the following criteria:

(a) No more than 500 feet of open trench will be allowed at one time.

(b) Where consistent with safety and space considerations, excavated materials is to be placed on the uphill side of trenches.

(c) Trench dewatering devices shall discharge in a manner which will not adversely affect flowing streams, drainage systems, or offsite property.

(97) Construction access routes. Off-site vehicle tracking of sediments and the generation of dust shall be minimized. A stabilized construction access (a point of entrance/exit to a construction site) shall be described and implemented, as needed, to reduce the tracking of mud and dirt onto public roads by construction vehicles. The design of the construction access should at a minimum, shall be consistent with the requirements and

DRAFTrecommendations contained in the current edition of the Tennessee Erosion and Sediment Control Handbook. Wherever construction vehicles access routes intersect paved public roads, provisions must be made to minimize the transport of sediment (mud) by runoff or vehicles tracking onto paved surface by clearing the area at the entrance of all vegetation, roots, and other objectionable material and placing a gravel layer at least 6-inches thick for a minimum of fifty (50) feet from the edge of the hard surface public road. Where sediment is transported onto a public road surface, the roads shall be cleaned thoroughly at the end of each day or more often if deemed necessary. Sediment shall be removed from roads by shoveling or sweeping and be transported to a sediment-controlled disposal area. Street washing shall be allowed only after sediment is removed in this manner. (108) Disposition of temporary measures. All temporary erosion and sediment-control measures shall be disposed of within thirty (30) days after final site stabilization is achieved or after the temporary measures are no longer needed, unless otherwise authorized by the city manager or his designee. Trapped sediment and other disturbs soil areas resulting from the disposition of temporary measures shall be permanently stabilized to prevent further erosion and sediment. (119) Maintenance. All temporary and permanent erosion and sediment-control practices shall be maintained and repaired as needed by property owners to assure continued performance of their intended function, as determined by the city administrator or his designee.

(10) The construction-phase erosion prevention controls shall be designed to eliminate (or minimize if complete elimination is not possible) the dislodging and suspension of soil in water. Sediment controls shall be designed to retain mobilized sediment on site to the maximum extent practicable.

(11) The design, inspection, and maintenance of Best Management Practices (BMPs) as described in the Stormwater Pollution Prevention Plan (SWPPP) must be prepared in accordance with good engineering practices and, at a minimum, shall be consistent with the requirements and recommendations contained in the current edition of the Tennessee Erosion and Sediment Control Handbook. In addition, all control measures must be properly selected, installed, and maintained in accordance with the manufacturer’s specifications (where applicable). All control measures control measures selected must be able to slow runoff so that rill and gully formation is prevented.

(12) Off Site Sediment. If sediment escapes the permitted area, off-site accumulations of sediment that have not reached a stream must be removed at a frequency sufficient to minimize offsite impacts (e.g. fugitive sediment that has escaped the construction site and has collected in a street must be removed so that it is not subsequently washed into storm sewers and streams by the next rain and/or so that it does not pose a safety hazard to users of public streets). A Land Disturbance Permit does not

DRAFTauthorize access to private property. Arrangements concerning removal of sediment on adjoining property must be settled by the permittee with the adjoining landowner.

(13) Sediment Removal. Sediment should be removed from sediment traps, silt fences, sedimentation ponds, and other sediment controls as recommended in the Tennessee Erosion and Sediment Control Handbook, and must be removed when design capacity has been reduced by 50%.

(14) Removal of Vegetation. Pre-construction vegetative ground cover shall not be destroyed, removed or disturbed more than 15 days prior to grading or earth moving unless the area is seeded and/or mulched or temporary cover is installed.

Clearing and grubbing must be held to the minimum necessary for grading and equipment operation. Existing vegetation at the site should be preserved to the maximum extent practicable.

(15) Construction Phasing. Construction phasing is required on all projects regardless of size as a major practice for minimizing erosion and limiting sedimentation. Construction must be phased to keep the total disturbed area less than 50 acres at any one time. Areas of the completed phase must be stabilized within 15 days. No more than 50 acres of active soil disturbance is allowed at any time during the construction project. This includes off-site borrow or disposal areas.

The 50 acre limitation does not apply to linear construction projects (such as roadway, pipeline, and other infrastructure construction activities) if the following conditions are met:

a) Where no one area of active soil disturbance is greater than 50 acres and the various areas of disturbance have distinct receiving waters; or

b) Where contiguous disturbances amount to greater than 50 acres, but no one distinct water is receiving run off from more than 50 disturbed acres; or

c) With the department’s written concurrence, where more than 50 acres of disturbance is to occur and where one receiving water will receive run-off from more than 50 acres; or

d) Where no one area of active soil disturbance is greater than 50 acres and the various areas of disturbance are more than 5 miles apart.

In order for a linear project to take advantage of the 50 acre rule exemption outlined in this paragraph, the contractor shall conduct monthly site assessments until the site is permanently stabilized.

(16) Erosion prevention and sediment control measures must be in place and functional before earth moving operations begin, and must be constructed and maintained throughout the construction period. Temporary measures may be removed at the beginning of the workday, but must be replaced at the end of the workday.

DRAFT(17) Stabilization. Stabilization measures shall be initiated as soon

as possible in portions of the site where construction activities have temporarily or permanently ceased. Temporary or permanent soil stabilization at the construction site (or a phase of the project) must be completed no later than 15 days after the construction activity in that portion of the site has temporarily or permanently ceased.

In the following situations, temporary stabilization measures are not required:

a) where the initiation of stabilization measures is precluded by snow cover or frozen ground conditions or adverse soggy ground conditions, stabilization measures shall be initiated as soon as practicable; or

b) where construction activity on a portion of the site is temporarily ceased, and earth disturbing activities will be resumed within 15 days. Steep slopes shall be temporarily stabilized not later than 7 days

after construction activity on the slope has temporarily or permanently ceased.

Permanent stabilization with perennial vegetation (using native herbaceous and woody plants where practicable) or other permanently stable, non-eroding surface shall replace any temporary measures as soon as practicable. Unpacked gravel containing fines (silt and clay sized particles) or crusher runs will not be considered a non-eroding surface.

(18) Design of Erosion and Sediment Control Measures. Erosion prevention and sediment control measures must be prepared in accordance with good engineering practices and the latest edition of the Tennessee Erosion and Sediment Control Handbook. In addition, erosion prevention and sediment controls shall be designed to minimize erosion and maximize sediment removal resulting from a 2-year, 24-hour storm, as a minimum, either from total rainfall in the designated period or the equivalent intensity as specified on the following website http://hdsc.nws.noaa.gov/hdsc/pfds/orb/tn_pfds.html. When clay and other fine particle soils are present at the construction site, chemical treatment may be used to minimize amount of sediment being discharged. For construction sites discharging into a water body on the list of impaired waters or waters designated by TDEC as Exceptional Tennessee waters shall be designed to minimize erosion and maximize sediment removal resulting from a 5-year, 24-hour storm, as a minimum, either from total rainfall in the designated period or the equivalent intensity as specified on the following website http://hdsc.nws.noaa.gov/hdsc/pfds/orb/tn_pfds.html. (19) Sediment Basin. For an on-site outfall which receives drainage from 10 or more acres, a minimum sediment basin volume that will provide treatment for a calculated volume of runoff from a 2 year, 24 hour storm and runoff from each acre drained, or equivalent control measures

DRAFTas specified in the Tennessee Erosion and Sediment Control Handbook, shall be provided until final stabilization of the site. For construction sites discharging into a water body on the list of impaired waters or waters designated by TDEC as Exceptional Tennessee waters a minimum sediment basin volume that will provide treatment for a calculated volume of runoff from a 5 year, 24 hour storm and runoff from each acre drained, or equivalent control measures as specified in the Tennessee Erosion and Sediment Control Handbook, shall be provided until final stabilization of the site. A drainage area of 10 or more acres includes both disturbed and undisturbed portions of the site or areas adjacent to the site, all draining through the common outfall. (21) Settling Basins. Muddy water to be pumped from excavation and work areas must be held in settling basins or filtered or chemically treated prior to its discharge into surface waters. Water must be discharged through a pipe, well-grassed or lined channel or other equivalent means so that the discharge does not cause erosion and sedimentation. Discharged water must not cause an objectionable color contrast with the receiving stream. 14-311 14-308. Adjustments. The city administrator may waive or modify any of the general criteria which are deemed inappropriate or too restrictive for site conditions, by granting an adjustment. Adjustments may be granted in writing under the following conditions: (1) At the time of plan submission, an applicant may request adjustments to become part of the approved Erosion and Sediment-Control Plan. The applicant must explain the reasons for requesting adjustments in writing. Specific adjustments which are allowed must be documented on the approved plan. (2) During construction, the applicant may request adjustments to the approved plan in writing. A response, in writing, approving or disapproving such request, should be given within five (5) working days. Without a written approval, no adjustment shall be considered valid. (1994 Code, § 14-311) 14-312 14-309. Final inspection. Upon completion of the work specified in the final plan, the applicant shall request a final inspection and approval. Final inspection will occur within five (5) days. If upon final inspection. the City administrator or his designee would determine that the final plan has been completed with, he shall sign the appropriate blank on the grading permit, approving compliance with the plan. If he should determine that there has not been compliance, he shall so notify the applicant and state his reason for so deciding. The applicant may then correct any deficiencies and then request a final inspection and approval; or submit a performance bond with narrative stating when the unfinished work will be completed. (1994 Code, § 14-312)

DRAFT 14-313 14-310. Appeals. Appeals by the applicant of the decisions or the interpretations of the meaning of this code by the administrative official shall be made to the Board of Adjustments and Appeals of the City of La Vergne. Pursuant to Tennessee Code Annotated, § 68-221-1106(d), any person aggrieved by the imposition of a civil penalty, decision or damage assessment as provided by this ordinance may appeal said penalty, decision or damage assessment to the City of La Vergne's Stormwater Appeals and Advisory Board. Any person aggravated by a final decision of the board may seed review by a court competent jurisdiction. (1994 Code, § 14-313)

14-314 14-311. Penalties. Any person, firm, corporation, or agent violating or failing to comply with any provision or requirement of this code, or who shall or has engaged in any land-disturbing activity in violation of a detailed plan or drawing submitted and approved under the provisions of this code, or who shall fail to obtain a permit and fully comply with the provisions of this Code shall be guilty of a misdemeanor punishable by a fine of not more than $50.00 for each separate offense, and each day's violation shall constitute a separate offense. (1994 Code, § 14-314) (1) Violations. Any person who shall commit any act declared unlawful under this ordinance, who violates any provision of this ordinance, who violates the provisions of any permit issued pursuant to this ordinance, or who fails or refuses to comply with any lawful communication or notice to abate or take corrective action by the City of La Vergne, shall be guilty of a civil offense. (2) Penalties. Under the authority provided in Tennessee Code Annotated § 68-221-1106, the City of La Vergne declares that any person violating the provisions of this ordinance may be assessed a civil penalty by the City of La Vergne of not less than fifty dollars ($50.00) and not more than five thousand dollars ($5,000.00) per day for each day of violation. Each day of violation shall constitute a separate violation. (3) Measuring civil penalties. In assessing a civil penalty, the City of La Vergne may consider:

(a) The harm done to the public health or the environment; (b) Whether the civil penalty imposed will be a substantial

economic deterrent to the illegal activity; (c) The economic benefit gained by the violator; (d) The amount of effort put forth by the violator to remedy

this violation; (e) Any unusual or extraordinary enforcement costs

incurred by the City of La Vergne; (f) The amount of penalty established by ordinance or

resolution for specific categories of violations; and (g) Any equities of the situation which outweigh the benefit

of imposing any penalty or damage assessment.

DRAFT (4) Recovery of damages and costs. In addition to the civil penalty in § 14-314(2), the City of La Vergne may recover:



(5) Other remedies. The City of La Vergne may bring legal action to enjoin the continuing violation of this ordinance, and the existence of any other remedy, at law or equity, shall be no defense to any such actions. (6) Remedies cumulative. The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one (1) or more of the remedies set forth herein has been sought or granted. (1994 Code, § 14-314)

DRAFT

Page 1 of 17

Ordinance #2011-25

AN ORDINANCE TO AMEND TITLE 14, CHAPTER 6 OF THE LA VERGNE MUNICIPAL CODE REGARDING STORMWATER MANAGEMENT. BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF LA VERGNE, TENNESSEE, that: SECTION I. Title 14, Chapter 6 of the La Vergne Municipal Code be amended to read

as follows:

CHAPTER 6

STORMWATER MANAGEMENT SECTION 14-601. General provisions. 14-602. Definitions. 14-603. Stormwater system design and management objectives and standards. 14-604. Land disturbance permits. 14-605. Post construction. 14-606. Existing locations and developments. 14-607. Inspections. 14-608. Illicit discharges. 14-609. Enforcement. 14-610. Penalties. 14-611. Appeals. 14-612. Severability. 14-601. General provisions. (1) Title. This ordinance shall be known as the "Stormwater Management Ordinance" for the City of La Vergne, Tennessee. (2) Applicability and jurisdiction. The stormwater management ordinance shall govern all properties within the limits of the City of La Vergne, Tennessee. (3) Purpose. It is the purpose of this ordinance to:

(a) Protect, maintain, and enhance the environment of the City of La Vergne and the public health, safety and the general welfare of the citizens of the city, by controlling discharges of pollutants to the stormwater system and to maintain and improve the quality of the receiving waters into which the stormwater outfalls flow, including, without limitation, lakes, rivers, streams, ponds, wetlands, and groundwater of the city.

(b) Enable the City of La Vergne to comply with the National Pollution Discharge Elimination System permit (NPDES) and applicable regulations, 40 CFR § 122.26 for stormwater discharges.

(c) Allow the City of La Vergne to exercise the powers granted in Tennessee Code Annotated, § 68-221-1105 or as amended by the State of Tennessee.

(4) Authority. (a) The City of La Vergne shall have authority to implement and supplement this ordinance by reference to appropriate guidance or other related materials. In this regard, guidance or other related materials may be modified to meet

DRAFT

Page 2 of 17

the objectives and policies of this ordinance, so long as such modifications to guidance or other related materials are not contrary or beyond the intent of this ordinance. Guidance or other related materials shall not in any way endorse specific commercially available products. However, they may refer to performance specifications, class of devices, construction, or management practice.

(b) The City of La Vergne shall have right-of-entry upon the property subject to this ordinance and any permit or document issued hereunder. The City of La Vergne shall be provided ready access to all parts of the premises for the purposes of inspection, monitoring, sampling, inventory, records examination and copying, and the performance of any other duties necessary to determine compliance with this ordinance.

(c) Where a property, site or facility has security measures in place that require proper identification and clearance before entry into its premises, the person shall make necessary arrangements with its security personnel so that, upon presentation of suitable identification, the City of La Vergne will be permitted to enter without delay for the purposes of performing specific responsibilities.

(d) The City of La Vergne shall have the right to operate and maintain on the person's property such devices as are necessary to conduct sampling and metering of the person's stormwater operations or discharges.

(e) Any temporary or permanent obstruction to safe and easy access to the areas to be inspected and/or monitored shall be removed promptly by the person at the written or verbal request of the City of La Vergne. The costs of clearing such access shall be borne by the person.

(f) The City of La Vergne may reserve the right to determine and impose inspection schedules necessary to enforce the provisions of this ordinance. Inspections may include, but are not limited to, the following:

(i) An initial inspection prior to land disturbance permit issuance approval;

(ii) A bury inspection prior to burial of any underground drainage structure;

(iii) Erosion prevention and sediment control inspections as necessary to ensure effective control of erosion and sedimentation; and

(iv) A final inspection when all work, including installation of storm management facilities, has been completed.

(v) Periodic inspections to ensure stormwater facilities are being maintained.

(5) Duty to provide information. (a) The owner/operator shall furnish to the City of La Vergne any information that is requested to determine compliance with this ordinance or other information.

(6) Jurisdiction. (a) The stormwater management ordinance shall govern all properties within the corporate limits of the City of La Vergne, Tennessee.

(7) Exemptions. The following activities are exempt from the provisions of this article and requirements of providing Stormwater management:

(a) Agricultural land management activities; (b) Any emergency activity that is immediately necessary for the protection

of life, property, or natural resources; and (c) Developments that do not disturb more than one (1) acre of land. This

exception may not be applied for contiguous properties that may have been subdivided and/or are attributed to multiple separate owners. This exemption does not

DRAFT

Page 3 of 17

apply to any discharge of sediment or other form of water pollution that may leave a small site, or if in the discretion of the City of La Vergne, the land disturbance activity poses a threat to water, public health, or safety.

(8) Savings provision. This ordinance shall not be construed as altering, modifying, vacating or nullifying any action now impending or any rights of obligations obtained by any person, firm or corporation through approval of a preliminary plat by the City of La Vergne Planning Commission or through the approval of any land disturbance permit or any other lawful action of the city prior to the adoption of this ordinance. 14-602. Definitions. For the purpose of this ordinance, the following definitions shall apply: Words used in the singular shall include the plural, and the plural shall include the singular; words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. Words not defined in this section shall be construed to have the meaning given by common and ordinary use. (1) "Agricultural land management activities." The practice of cultivating the soil, producing crops, and raising livestock for the preparation and marketing of the resulting products. (2) "As built plans." Drawings depicting conditions as they were actually constructed. (3) "Best management practices (BMPs)." Physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, that have been approved by the City of La Vergne, and that have been incorporated by reference into this ordinance as if fully set out therein. (4) "Channel." A natural or artificial watercourse with a definite bed and banks that conducts flowing water continuously or periodically. (5) "Community water." Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wetlands, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the City of La Vergne, Tennessee. (6) "Contaminant." Any physical, chemical, biological, or radiological substance or matter in water. (7) "Design storm event." A hypothetical storm event, of a given frequency interval and duration, used in the analysis and design of a stormwater facility. (8) "Discharge." Dispose, deposit, spill, pour, inject, seep, dump, leak or place by any means, or that which is disposed, deposited, spilled, poured, injected, seeped, dumped, leaked, or placed by any means including any direct or indirect entry of any solid or liquid matter into the municipal separate storm sewer system. (9) "Easement." An acquired privilege or right of use or enjoyment that a person, party, firm, corporation, City of La Vergne or other legal entity has in the land of another. (10) "Engineer." An engineer duly registered, licensed or otherwise authorized by the State of Tennessee to practice in the field of civil engineering. (11) "Erosion." The removal of soil particles by the action of water, wind, ice or other geological agents, whether naturally occurring or acting in conjunction with or promoted by anthropogenic activities or effects. (12) "Erosion and sediment control plan." A written plan (including drawings or other graphic representations) that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.

DRAFT

Page 4 of 17

(13) "Illicit connections." Illegal and/or unauthorized connections to the municipal separate stormwater system whether or not such connections result in discharges into that system. (14) "Illicit discharge." Any discharge to the municipal separate storm sewer system that is not composed entirely of stormwater and not specifically exempted under § 14-608. (15) "Land disturbing activity." Any activity on property that results in a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land-disturbing activities include, but are not limited to, development, re-development, demolition, construction, reconstruction, clearing, grading, filling, and excavation. (16) "Maintenance." Any activity that is necessary to keep a stormwater facility in good working order so as to function as designed. Maintenance shall include complete reconstruction of a stormwater facility if reconstruction is needed in order to restore the facility to its original operational design parameters. Maintenance shall also include the correction of any problem on the site property that may directly impair the functions of the stormwater facility. (17) "Maintenance agreement." A document recorded in the land records that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices. (18) "Municipal separate storm sewer system (MS4)." The conveyances owned or operated by the municipality for the collection and transportation of stormwater, including the roads and streets and their drainage systems, catch basins, curbs, gutters, ditches, man-made channels, and storm drains. (19) "National Pollutant Discharge Elimination System permit (NPDES permit)." A permit issued pursuant to 33 U.S.C. 1342. (20) "Off-site facility." A structural BMP located outside the subject property boundary described in the permit application for land development activity. (21) "On-site facility." A structural BMP located within the subject property boundary described in the permit application for land development activity. (22) "Peak flow." The maximum instantaneous rate of flow of water at a particular point resulting from a storm event. (23) "Person." Any and all persons, natural or artificial, including any individual, firm or association and any municipal or private corporation organized or existing under the laws of this or any other state or country. (24) "Priority area." An area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. (25) "Runoff." That portion of the precipitation on a drainage area that is discharged from the area into the municipal separate stormwater system. (26) "Sediment." Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth's surface either above or below sea level. (27) "Sedimentation." Soil particles suspended in stormwater that can settle in stream beds and disrupt the natural flow of the stream. (28) "Soils report." A study of soils on a subject property with the primary purpose of characterizing and describing the soils. The soils report shall be prepared by a qualified soils engineer, who shall be directly involved in the soil characterization either by performing the investigation or by directly supervising employees. (29) "Stabilization." Providing adequate measures, vegetative and/or structural, that will prevent erosion from occurring.

DRAFT

Page 5 of 17

(30) "Stormwater." Stormwater runoff, snow melt runoff, surface runoff, street wash waters related to street cleaning or maintenance, infiltration and drainage. (31) "Stormwater management." The programs to maintain quality and quantity of stormwater runoff to pre-development levels. (32) "Stormwater management facilities." The drainage structures, conduits, ditches, combined sewers, sewers, and all device appurtenances by means of which stormwater is collected, transported, pumped, treated or disposed of. (33) "Stormwater management plan." The set of drawings and other documents that comprise all the information and specifications for the programs, drainage systems, structures, BMPs, concepts and techniques intended to maintain or restore quality and quantity of stormwater runoff to pre-development levels. (34) "Stormwater runoff'." Flow on the surface of the ground, resulting from precipitation. (35) "Structural BMPs." Devices that are constructed to provide control of stormwater runoff. (36) "Surface water." Includes waters upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other water courses, lakes and reservoirs. (37) "Top of bank." The uppermost limit of the active channel of a stream during "bank full" conditions, usually marked by a break in slope. (38) "Watercourse." A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water. (39) "Watershed." All the land area that contributes runoff to a particular point along a waterway. 14-603. Stormwater system design and management objectives and standards. (1) Objectives. The objectives of this ordinance are:

(a) To protect human life and health. (b) To minimize the need for rescue and relief efforts associated with

flooding. (c) To eliminate any non-allowable discharges to the City of La Vergne's

Municipal Separate Storm Sewer System that impact water quality. (d) To help maintain a stable tax base by providing for the sound use and

development of flood-prone areas in such a manner as to maximize beneficial use without increasing flood hazard potential or diminishing the quality of the natural stormwater resources.

(e) To ensure that potential homebuyers are notified that property is in a flood area and generally increase the public awareness of flooding potential.

(f) To minimize prolonged business interruptions. (g) To minimize damage to public facilities and utilities such as water and

gas mains; electric, telephone, and sewer lines; and streets and bridges located in flood plains.

(h) To ensure a functional public and private stormwater quantity and quality management system that will not result in excessive maintenance costs.

(i) To encourage the use of natural and aesthetically pleasing design that maximizes preservation of natural areas.

(j) To guide the construction of stormwater management facilities by developing comprehensive master plans to address stormwater quantity and quality.

DRAFT

Page 6 of 17

(k) To encourage preservation of floodplains, floodways and open spaces to protect and benefit the community's quality of life and natural resources.

(l) To encourage community stewardship of the City of La Vergne's water resources and their impacts on the community character and quality of life.

(2) Stormwater Best Management Practices. To implement the objectives of this ordinance, the City of La Vergne adopts as its stormwater design and best management practices (BMP) manual the following publications, which are incorporated by reference in this ordinance as is fully set out herein:

(a) The Tennessee Department of Environment and Conservation (TDEC) Erosion and Sediment Control Manual.

(b) Tennessee Guide to the Selection and Design of Stormwater Best Management Practices (BMPs). These manuals include a list of acceptable BMPs including the specific design performance criteria and operation and maintenance requirements for each stormwater practice. The manual may be updated and expanded at the discretion of the City of La Vergne, based on improvements in engineering, science, monitoring and local maintenance experience. Stormwater facilities that are designed, constructed and maintained in accordance with these BMP criteria will be presumed to meet the minimum water quality performance standards.

(3) Stormwater quality. To implement the objectives of this ordinance, the following general stormwater quality policy statements shall apply:

(a) There shall be no distinctly visible floating scum, oil or other matter contained in the stormwater discharge.

(b) The stormwater discharge must not cause an objectionable color contrast in the receiving stream.

(c) Development will be required to minimize the impact to stormwater quality by applying structural and/or nonstructural management practices selected to address site-specific conditions. The goal for water quality treatment shall be 80% removal of total suspended solids from the first flush, defined by land use characteristics or at least 0.5-inches where not defined.

(d) Re-development activities will be required to follow stormwater quality requirements.

(e) No land disturbance activities, whether by private or public action, shall be performed in a manner that will negatively impact stormwater quality whether by flow restrictions, increased runoff, or by diminishing channel or floodplain storage capacity. Acceleration of erosion or sedimentation, or transport of other pollutants or forms of pollution, due to various land development activities must be controlled.

(4) Stormwater quantity. To implement the objectives of this ordinance, the following general stormwater quantity policy statements shall apply:

(a) New development shall meet a stormwater quantity level of service defined by:

(i) Designing road catch basins and connecting culverts to convey the 10-year, 24-hour design storm runoff.

(ii) Designing bridges, culverts, channels and crossdrains to pass the 25-year, 24-hour design storm runoff. Calculations shall also be provided for the 100-year, 24-hour design storm. (b) Stormwater infrastructure shall be designed in a way that:

(i) Critical service roads are not inundated by more than three inches of water over one-half the roadway width under a 100-year, 24-hour design storm event.

DRAFT

Page 7 of 17

(ii) Other new roads shall be designed to have no more than 6-inches of road overtopping at the 25-year, 24-hour design storm event. (c) Re-development activities will be required to follow stormwater quantity

requirements. (d) No land disturbance activities, whether by private or public action, shall

be performed in a manner that will negatively impact stormwater quantity whether by flow restrictions, increased runoff, or by diminishing channel or floodplain storage capacity.

(e) All site designs shall control the post-development peak flow rates of stormwater discharge associated with 2-, 10-, 25-, 50-, and 100-year, 24-hour design storms to the pre-development peak flow rates. These practices should seek to utilize pervious areas for stormwater treatment and to infiltrate stormwater runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the maximum extent practical to provide treatment for both water quality and quantity.

(f) Hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the 2-, 10-, 25-, 50- and 100-year, 24-hour design storms shall be provided to the City of La Vergne. These calculations must show that the proposed stormwater management measures are capable of controlling runoff from the site in compliance with this ordinance.

(g) If hydrologic or topographic conditions warrant greater control than that provided by the minimum control requirements, the City of La Vergne may impose any and all additional requirements deemed necessary to control the volume, timing, and rate of runoff.

(h) To protect stream channels from degradation, specific channel protection criteria shall be provided.

(i) At the discretion of the City of La Vergne, stormwater discharges may be subject to additional performance criteria, or may need to utilize or restrict certain stormwater management practices.

(j) Prior to or during the site design process, applicants for land disturbance permits shall consult with the City of La Vergne to determine if they are subject to additional stormwater design requirements. (1994 Code, § 14-603)

14-604. Land disturbance permits. No building permit shall be issued until the applicant has obtained a land disturbance permit where the same is required by this ordinance. (1) Land disturbance permit applicability. Every person will be required to obtain a land disturbance permit from the city engineer in the following cases:

(a) Land disturbing activity disturbs one (1) or more acres of land; (b) Land disturbing activity of less than one (1) acre of land if such activity is

part of a larger common plan of development that affects one (1) or more acre of land; (c) Land disturbing activity of less than one (1) acre of land, if in the

discretion of the city engineer or other appropriate authority, such activity poses a threat to water, public health, or safety; and

(d) The creation and use of borrow pits. (2) Land disturbance permit application. (a) Application for a land disturbance

permit on sites requiring a "Tennessee General Permit for Storm Water Discharges from Construction Activities" shall require the following be submitted to the city engineer for review and approval:

DRAFT

Page 8 of 17




(iv) Separate sheets, at a scale not to exceed one (1) inch equal to fifty (50) feet, for pre-construction, construction, and post construction storm water BMPs. For site disturbances less than 5 acres, at lease two separate EPSC plan sheets shall be developed. At lease two stages shall be identified, with associated EPSC measures addressed. The plan stages shall be addressed separately in plan sheets, with each reflecting the conditions and EPSC measures necessary to manage stormwater runoff, erosion and sediment during the initial land disturbance (initial grading) and the conditions and EPSC measures necessary to manage stormwater, erosion and sediment at final grading. For site disturbances more than 5 acres at least 3 separate EPSC sheets shall be developed. Three stages shall be identified. The first plan sheet should reflect the conditions and EPSC measures necessary to manage stormwater runoff during the initial land disturbance (initial grading). The second plan sheet shall reflect the conditions the EPSC measures necessary to manage stormwater runoff from interim land disturbance activities. The third plan sheet shall reflect the conditions and EPSC measures necessary to manage stormwater runoff, erosion and sediment at final grading. (b) Application for a land disturbance permit on sites which pose a threat to

water, public health, or safety, as determined by the city engineer or other appropriate authority, shall require the following be submitted for review and approval:


property of record in the office of the assessor of property; (iv) Address and legal description of subject property including the tax

reference number and parcel number of the subject property; (v) Name, address and telephone number of the contractor and any

subcontractor(s) who shall perform the land disturbing activity and who shall implement the erosion and sediment control plan;



(viii) The applicant shall obtain from any other state or federal agency any other appropriate environmental permits that pertain to the property. However, the inclusion of those permits in the application shall not foreclose the City of La Vergne from imposing additional development requirements and

DRAFT

Page 9 of 17

conditions, commensurate with this ordinance, on the development of property covered by those permits.



(a) Approval of the permit application; (b) Approval of the permit application, subject to such reasonable conditions

as may be necessary to secure substantially the objectives of this ordinance, and issue the permit subject to these conditions; or

(i) If the city engineer has granted conditional approval of the permit, the applicant shall submit a revised plan that conforms to the conditions established by the city engineer. However, the applicant shall be allowed to proceed with his land disturbing activity so long as it conforms to conditions established by the city engineer. (c) Denial of the permit application, indicating the reason(s) for the denial. (d) No development plans will be released until the land disturbance permit

has been approved. (4) Permit duration. Every land disturbance permit shall expire and become null and void if substantial work authorized by such permit has not commenced within one hundred eighty (180) calendar days of issuance, or is not complete within eighteen (18) months from the date of the commencement of construction. (5) Performance bonds. (a) The City of La Vergne shall require the submittal of a

performance security or performance bond prior to issuance of a permit in order to ensure that the stormwater practices are installed by the permit holder as required by the approved stormwater management plan. The amount of the installation performance security or performance bond shall be the total estimated construction cost of the structural BMP(s) approved under the permit. The performance security shall contain forfeiture provisions for failure to complete work specified in the stormwater management plan. The applicant shall provide an itemized construction cost estimate complete with unit prices which shall be subject to acceptance, amendment or rejection by the City of La Vergne. Alternatively the City of La Vergne shall have the right to estimate the cost of construction.

(b) The performance security or performance bond shall be released in full only upon submission of as-built plans and written certification by a registered professional engineer licensed to practice in Tennessee that the structural BMP(s) has been installed in accordance with the approved plan and other applicable provisions of this ordinance. The city engineer or designee will make a final inspection of the structural BMP(s) to ensure that it is in compliance with the approved plan and the provisions of this ordinance. Provisions for a partial pro-rata release of the performance security or performance bond based on the completion of various development stages can be made at the discretion of the city engineer.

14-605. Post construction. (1) As built plans. All applicants are required to submit as built plans for any stormwater management structures located on-site after final construction is completed. The plan must show the final design specifications for all stormwater

DRAFT

Page 10 of 17

management facilities and must be sealed by a registered professional engineer licensed to practice in Tennessee. (2) Landscaping and stabilization requirements. (a) Any area of land from which the

natural vegetative cover has been either partially or wholly cleared by development activities shall be revegetated according to a schedule approved by the city engineer. The following criteria shall apply to revegetation efforts:

(i) Reseeding must be done with an annual or perennial cover crop accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until such time as the cover crop is established over ninety percent (90%) of the seeded area.

(ii) Replanting with native woody and herbaceous vegetation must be accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion.

(iii) Any area of revegetation must exhibit survival of a minimum of seventy-five percent (75%) of the cover crop throughout the year immediately following revegetation. Revegetation must be repeated in successive years until the minimum seventy-five percent (75%) survival for one (1) year is achieved.

(3) Stormwater system long-term operation and maintenance. (a) The maintenance responsibilities for permanent stormwater runoff control facilities shall be the responsibility of the owner.

(b) An engineer shall provide a stormwater infrastructure longterm operation and maintenance plan with an opinion of probable costs and schedule, subject to approval by the city engineer. The long term operation and maintenance plan shall be in writing, shall be in recordable form, and shall, in addition to any other terms deemed necessary by the city engineer, contain a provision permitting inspection at any reasonable time by the city engineer or his designee of the facilities deemed critical to the public welfare.

(c) The City of La Vergne will have the authority to maintain facilities not properly maintained and to recover costs associated with the maintenance from the owner.

(d) Upon approval of the stormwater management facilities by the city engineer, the facility owner shall demonstrate the ability to garner and apply the financial resources necessary for long-term maintenance requirements. The funding mechanism shall be in a form approved by the City of La Vergne. The city will only approve funding mechanism(s) for long-term maintenance responsibilities that can be demonstrated to be permanent or transferable to another entity with equivalent longevity.

(e) If a responsible party fails or refuses to meet the design or maintenance standards required for stormwater facilities under this ordinance, the City of La Vergne, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the stormwater management facility becomes a danger to public safety or public health, the City of La Vergne shall notify in writing the party responsible for maintenance of the stormwater management facility. Upon receipt of that notice, the responsible person shall have ten (10) days to effect maintenance and repair of the facility in an approved manner. In the event that corrective action is not undertaken within that time, the City of La Vergne may take

DRAFT

Page 11 of 17

necessary corrective action. The cost of any action by the City of La Vergne under this section shall be charged to the responsible party.

(4) Waterway buffer policy. (a) A waterway buffer shall be defined as a strip of undisturbed vegetation, either original or re-established, that borders streams and rivers, ponds, and lakes, wetlands, and springs.

(b) A waterway buffer shall be applied along all intermittent and perennial waterways as determined by the City of La Vergne (stormwater appeals and advisory board) or state. Waterway determination shall be conducted at the concept stage.

(c) The waterway buffer shall be defined as the area contained within a boundary established sixty (60) feet perpendicular beyond the top of bank on each side of the waterway.

(d) Waterways buffer variances: (i) The stormwater appeals and advisory board may grant variances

for the following: (A) Those projects or activities where it can be clearly

demonstrated that unique circumstances make it impracticable to meet some or all of the buffer requirements; or

(B) Those projects or activities serving a public need where no feasible alternative is available; or

(C) The granting of the variance will not have the effect of preventing the orderly development of other land in the area in accordance with this chapter.

(D) The construction, repair and maintenance of public improvements where avoidance and minimization of adverse impacts to wetlands and associated aquatic ecosystems have been addressed. (ii) When considering a request for a variance, the stormwater

appeals and advisory board may require additional information such as, but not limited to, site design, landscape planting, fencing, the placement of signs, and the establishment of water quality best management practices in order to reduce adverse impacts on water quality, streams, and wetlands.

(iii) When deemed appropriate by the stormwater appeals and advisory board, the water quality buffer zone width may be relaxed and permitted to become narrower as long as the width is not reduced to less than the minimum width required under applicable law, rules and regulations adopted by the State of Tennessee with regard to the same, but in no event shall it be less than twenty-five (25) feet perpendicular to the top of bank. (e) Waterway buffers shall be recorded on the plat. (f) Site development plans and plats prepared for recording shall:

(i) Define the boundaries of a waterway buffer on the subject property and be labeled as "waterway buffer."

(ii) Provide a note stating: "There shall be no clearing, grading construction or disturbance of vegetation in the waterway buffer except as permitted by the City of La Vergne."

(iii) Provide a note to reference any protective covenants governing waterway buffers stating: "waterway buffers shown hereon are subject to protective covenants which may be found in the land records and which restrict disturbance and use of these areas." (g) Waterway buffers shall be protected during development activities. The

waterway buffers shall be clearly marked during construction activities.

DRAFT

Page 12 of 17

(h) Minor landscaping shall be allowed within the waterway buffer to repair erosion, damaged vegetation, or provide other maintenance. Landscaping or stabilization activities must have prior approval by the engineering department.

(i) Loss of floodplain storage due to activities within the waterway buffer is not permitted. Provided erosion prevention and sediment control, and water quality policies are adequately addressed, the following activities in the waterway buffer may be permitted with prior approval by the engineering department:

(i) Roads and utilities crossing waterways. (ii) Pedestrian trails and walkways proximate to waterways. (iii) Water quality devices.

14-606. Existing locations and developments. (1) Requirements for existing locations and developments. The following requirements shall apply to all locations and development at which land disturbing activities have occurred previous to the enactment of this ordinance:

(a) Denuded areas shall be vegetated or covered using guidelines specified in the BMP manual and on a schedule acceptable to the city engineer.

(b) Trash, junk, rubbish, etc. shall be cleared from drainage ways. (c) Stormwater runoff shall be controlled to the extent reasonable to prevent

pollution of local waters. Such control measures may include, but are not limited to, the following:

(i) Ponds (ii) Constructed wetlands (iii) Infiltration systems (iv) Filtering systems (v) Open channel

(2) Requirements for existing problem locations. The city engineer shall in writing notify the owners of existing locations and developments of specific drainage, erosion or sediment problem affecting such locations and developments, and the specific actions required to correct those problems. The notice shall also specify a reasonable time for compliance.

(3) Inspection of existing facilities. The City of La Vergne may, to the extent authorized by state and federal law, establish inspection programs to verify that all stormwater management facilities, including those built before the adoption of this ordinance, are functioning within design limits. These inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other BMPs. 14-607. Inspections. Inspections shall be performed to ensure that vegetation, erosion and sediment control measures and other protective measures identified in the site plan are kept in good and effective operating condition.

(1) Inspection requirements. (a) Inspections required by TDEC.

DRAFT

Page 13 of 17

(b) Submission of inspection documentation upon request by the city engineer.

(c) Pre-construction storm water management BMPs must be inspected and certified that the BMPs are in accordance with the approved plans.

(d) Construction storm water management BMPs must be inspected and certified that the BMPs are in accordance with the approved plans, prior to granting building permit on sites requiring a land disturbance permit.

(e) Post construction BMPs must be inspected and certified that the BMPs are in accordance with the approved plans prior to release of surety. (2) City of La Vergne inspections. City inspections may include, but are not limited

to, the following: (a) An initial inspection prior to issuance of a land disturbance permit; (b) A bury inspection prior to burial of any underground drainage structure; (c) Erosion prevention and sediment control inspections as necessary to

ensure effective control of erosion and sedimentation; (d) A final inspection when all work, including installation of storm

management facilities, has been completed; and (e) Periodic inspections to ensure storm water facilities are being

maintained. 14-608. Illicit discharges. (1) Prohibition of illicit discharges.

(a) Pursuant to the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) program administered by the Tennessee Department of Environment and Conservation (TDEC) illicit discharges to the MS4 are being defined as illegal. This is accomplished by identifying allowable non-stormwater discharges into the MS4 in the best interest of the City of La Vergne, Tennessee.

(b) Non-stormwater discharge means any discharge to the Municipal Separate Storm Sewer System except as permitted by 0.

(c) Except as hereinafter provided, all non-stormwater discharges into the Municipal Separate Storm Sewer System are prohibited and declared to be unlawful.

(2) Allowable stormwater discharges. (a) Unless the City of La Vergne, TDEC, EPA or other regulatory agency has identified them as a source of pollutants to the "Waters of the State of Tennessee," the following nonstormwater discharges into the Municipal Separate Storm Sewer System are lawful:

(i) Water line flushing or other potable water sources, (ii) Landscape irrigation or lawn watering with potable water, (iii) Diverted stream flows, (iv) Rising ground water, (v) Groundwater infiltration to storm drains, (vi) Pumped groundwater, (vii) Foundation or footing drains, (viii) Crawl space pumps, (ix) Air conditioning condensation, (x) Springs, (xi) Non-commercial washing of vehicles, (xii) Natural riparian habitat or wet-land flows, (xiii) Swimming pools (if dechlorinated), (xiv) Fire fighting activities,

DRAFT

Page 14 of 17

(xv) Discharges specified in writing by the City of La Vergne as being necessary to protect public health and safety, and

(xvi) Dye testing is an allowable discharge if the City of La Vergne has so specified in writing.

(3) Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting in, or may result in, illicit discharges or pollutants discharging into stormwater, the municipal separate storm sewer system, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, the person shall notify the city engineer in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the city engineer within three (3) business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. 14-609. Enforcement. (1) Enforcement authority. The city engineer or his designee shall have the authority to issue notices of violation and citations, and to impose the civil penalties provided in this section. (2) Notification of violation. (a) Written notice. Whenever the city engineer or other

appropriate city official finds that any permittee or any other person discharging stormwater has violated or is violating this ordinance or a permit or order issued hereunder, the city engineer or his designee may serve upon such person written notice of the violation. Within ten (10) days of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the city engineer. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation.

(b) Consent orders. The City of La Vergne is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the person to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to paragraphs (d) and (e) below.

(c) Show cause hearing. The City of La Vergne may order any person who violates this ordinance or permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the violator show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing.

(d) Compliance order. When the city engineer or his designee finds that any person has violated or continues to violate this ordinance or a permit or order issued hereunder, the city engineer or his designee may issue an order to the violator

DRAFT

Page 15 of 17

directing that, following a specific time period, adequate structures, devices, be installed or procedures implemented and properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the construction of appropriate structures, installation of devices, self-monitoring, and management practices.

(e) Cease and desist orders. When the city engineer or his designee finds that any person has violated or continues to violate this ordinance or any permit or order issued hereunder, the city engineer or his designee may issue an order to cease and desist all such violations and direct those persons in noncompliance to:

(i) Comply forthwith; or (ii) Take such appropriate remedial or preventive action as may be

needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.

(iii) Conflicting standards. Whenever there is a conflict between any standard contained in this ordinance and in the BMP manual adopted by the City of La Vergne under this ordinance, the strictest standard shall prevail.


(a) The harm done to the public health or the environment; (b) Whether the civil penalty imposed will be a substantial economic

deterrent to the illegal activity; (c) The economic benefit gained by the violator; (d) The amount of effort put forth by the violator to remedy this violation; (e) Any unusual or extraordinary enforcement costs incurred by the City of

La Vergne; (f) The amount of penalty established by ordinance or resolution for specific

categories of violations; and (g) Any equities of the situation which outweigh the benefit of imposing any

penalty or damage assessment. (4) Recovery of damages and costs. In addition to the civil penalty in § 14-610(2), the City of La Vergne may recover:



DRAFT

Page 16 of 17

(5) Other remedies. The City of La Vergne may bring legal action to enjoin the continuing violation of this ordinance, and the existence of any other remedy, at law or equity, shall be no defense to any such actions. (6) Remedies cumulative. The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one (1) or more of the remedies set forth herein has been sought or granted. 14-611. Appeals. Pursuant to Tennessee Code Annotated, § 68-221-1106(d), any person aggrieved by the imposition of a civil penalty, decision or damage assessment as provided by this ordinance may appeal said penalty, decision or damage assessment to the City of La Vergne's Stormwater Administrative Board. (1) Appeals to be in writing. The appeal shall be in writing and filed with the City of La Vergne clerk within fifteen (15) days after the civil penalty and/or damage assessment is served in any manner authorized by law. (2) Public hearing. Upon receipt of an appeal, the City of La Vergne's Stormwater Administrative Board shall hold a public hearing within thirty (30) days. Ten (10) days prior notice of the time, date, and location of said hearing shall be published in a daily newspaper of general circulation. Ten (10) days notice by registered mail shall also be provided to the aggrieved party, such notice to be sent to the address provided by the aggrieved party at the time of appeal. The decision of the City of La Vergne's Stormwater Administrative Board shall be final. (3) Appealing decisions of the City of La Vergne. Any alleged violator may appeal a decision of the City of La Vergne's Stormwater Administrative Board pursuant to the provisions of Tennessee Code Annotated, title 27, chapter 8. 14-612. Severability. Should any article, section, subsection, clause or provision of this Comprehensive Stormwater Management Ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part declared to be unconstitutional or invalid, each article, section clause and provision being declared severable. If any provisions of this ordinance and any other provisions of law impose overlapping or contradictory regulations, or contain any restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards or requirements shall govern. SECTION II. Each section, subsection, paragraph, sentence and clause of this




DRAFT

Page 17 of 17



DRAFTStormwater Appeals and Advisory Board

Meeting: August 18, 2011

City of La Vergne

Request: Revisions to the Title 14 Chapters 3 “Grading, Soil Erosion, and

Sedimentation Control” and 6 “Stormwater Management of the Municipal Code”

Proposed by: Katie Kline, Stormwater Project Engineer Revisions to the Ordinance

1. The two chapters of the municipal code had conflicting language that has now been corrected.

2. Updated 14-307 “General Criteria” so the City’s requirements match that of the

State of Tennessee “General NPDES Permit for Discharges of Stormwater Associated with Construction Activities”.

3. Added Requirements needed for a Land Disturbance Permit to both chapters.

DRAFTCHAPTER 6

STORMWATER MANAGEMENT

SECTION 14-601. General provisions. 14-602. Definitions. 14-603. Stormwater system design and management objectives and standards. 14-604. Land disturbance permits. 14-605. Post construction. 14-606. Existing locations and developments. 14-607. Inspections. 14-608. Illicit discharges. 14-609. Enforcement. 14-610. Penalties. 14-611. Appeals. 14-612. Severability. 14-601. General provisions. (1) Title. This ordinance shall be known as the "Stormwater Management Ordinance" for the City of La Vergne, Tennessee. (2) Applicability and jurisdiction. The stormwater management ordinance shall govern all properties within the limits of the City of La Vergne, Tennessee. (3) Purpose. It is the purpose of this ordinance to:

(a) Protect, maintain, and enhance the environment of the City of La Vergne and the public health, safety and the general welfare of the citizens of the city, by controlling discharges of pollutants to the stormwater system and to maintain and improve the quality of the receiving waters into which the stormwater outfalls flow, including, without limitation, lakes, rivers, streams, ponds, wetlands, and groundwater of the city.

(b) Enable the City of La Vergne to comply with the National Pollution Discharge Elimination System permit (NPDES) and applicable regulations, 40 CFR § 122.26 for stormwater discharges.

(c) Allow the City of La Vergne to exercise the powers granted in Tennessee Code Annotated, § 68-221-1105 or as amended by the State of Tennessee.

(4) Authority. (a) The City of La Vergne shall have authority to implement and supplement this ordinance by reference to appropriate guidance or other related materials. In this regard, guidance or other related materials may be modified to meet the objectives and policies of this ordinance, so long as such modifications to guidance or other related materials are not contrary or beyond the intent of this ordinance. Guidance or other related materials shall not in any way endorse specific commercially available products. However, they may refer to performance specifications, class of devices, construction, or management practice.

DRAFT(b) The City of La Vergne shall have right-of-entry upon the

property subject to this ordinance and any permit or document issued hereunder. The City of La Vergne shall be provided ready access to all parts of the premises for the purposes of inspection, monitoring, sampling, inventory, records examination and copying, and the performance of any other duties necessary to determine compliance with this ordinance.

(c) Where a property, site or facility has security measures in place that require proper identification and clearance before entry into its premises, the person shall make necessary arrangements with its security personnel so that, upon presentation of suitable identification, the City of La Vergne will be permitted to enter without delay for the purposes of performing specific responsibilities.

(d) The City of La Vergne shall have the right to operate and maintain on the person's property such devices as are necessary to conduct sampling and metering of the person's stormwater operations or discharges.

(e) Any temporary or permanent obstruction to safe and easy access to the areas to be inspected and/or monitored shall be removed promptly by the person at the written or verbal request of the City of La Vergne. The costs of clearing such access shall be borne by the person.

(f) The City of La Vergne may reserve the right to determine and impose inspection schedules necessary to enforce the provisions of this ordinance. Inspections may include, but are not limited to, the following:

(i) An initial inspection prior to land disturbance permit issuance approval;

(ii) A bury inspection prior to burial of any underground drainage structure;

(iii) Erosion prevention and sediment control inspections as necessary to ensure effective control of erosion and sedimentation; and

(iv) A final inspection when all work, including installation of storm management facilities, has been completed.

(v) Periodic inspections to ensure stormwater facilities are being maintained.

(5) Duty to provide information. (a) The owner/operator shall furnish to the City of La Vergne any information that is requested to determine compliance with this ordinance or other information.

(6) Jurisdiction. (a) The stormwater management ordinance shall govern all properties within the corporate limits of the City of La Vergne, Tennessee.

(7) Exemptions. The following activities are exempt from the provisions of this article and requirements of providing Stormwater management:

(a) Agricultural land management activities; (b) Any emergency activity that is immediately necessary for the

protection of life, property, or natural resources; and (c) Developments that do not disturb more than one (1) acre of land.

This exception may not be applied for contiguous properties that may have

DRAFTbeen subdivided and/or are attributed to multiple separate owners. This exemption does not apply to any discharge of sediment or other form of water pollution that may leave a small site, or if in the discretion of the City of La Vergne, the land disturbance activity poses a threat to water, public health, or safety.

(8) Savings provision. This ordinance shall not be construed as altering, modifying, vacating or nullifying any action now impending or any rights of obligations obtained by any person, firm or corporation through approval of a preliminary plat by the City of La Vergne Planning Commission or through the approval of any land disturbance permit or any other lawful action of the city prior to the adoption of this ordinance. (1994 Code, § 14-601) 14-602. Definitions. For the purpose of this ordinance, the following definitions shall apply: Words used in the singular shall include the plural, and the plural shall include the singular; words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. Words not defined in this section shall be construed to have the meaning given by common and ordinary use. (1) "Agricultural land management activities." The practice of cultivating the soil, producing crops, and raising livestock for the preparation and marketing of the resulting products. (2) "As built plans." Drawings depicting conditions as they were actually constructed. (3) "Best management practices (BMPs)." Physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, that have been approved by the City of La Vergne, and that have been incorporated by reference into this ordinance as if fully set out therein. (4) "Channel." A natural or artificial watercourse with a definite bed and banks that conducts flowing water continuously or periodically. (5) "Community water." Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wetlands, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the City of La Vergne, Tennessee. (6) "Contaminant." Any physical, chemical, biological, or radiological substance or matter in water. (7) "Design storm event." A hypothetical storm event, of a given frequency interval and duration, used in the analysis and design of a stormwater facility. (8) "Discharge." Dispose, deposit, spill, pour, inject, seep, dump, leak or place by any means, or that which is disposed, deposited, spilled, poured, injected, seeped, dumped, leaked, or placed by any means including any direct or indirect entry of any solid or liquid matter into the municipal separate storm sewer system. (9) "Easement." An acquired privilege or right of use or enjoyment that a person, party, firm, corporation, City of La Vergne or other legal entity has in the land of another.

DRAFT (10) "Engineer." An engineer duly registered, licensed or otherwise authorized by the State of Tennessee to practice in the field of civil engineering. (11) "Erosion." The removal of soil particles by the action of water, wind, ice or other geological agents, whether naturally occurring or acting in conjunction with or promoted by anthropogenic activities or effects. (12) "Erosion and sediment control plan." A written plan (including drawings or other graphic representations) that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities. (13) "Illicit connections." Illegal and/or unauthorized connections to the municipal separate stormwater system whether or not such connections result in discharges into that system. (14) "Illicit discharge." Any discharge to the municipal separate storm sewer system that is not composed entirely of stormwater and not specifically exempted under § 14-608. (15) "Land disturbing activity." Any activity on property that results in a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land-disturbing activities include, but are not limited to, development, re-development, demolition, construction, reconstruction, clearing, grading, filling, and excavation. (16) "Maintenance." Any activity that is necessary to keep a stormwater facility in good working order so as to function as designed. Maintenance shall include complete reconstruction of a stormwater facility if reconstruction is needed in order to restore the facility to its original operational design parameters. Maintenance shall also include the correction of any problem on the site property that may directly impair the functions of the stormwater facility. (17) "Maintenance agreement." A document recorded in the land records that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices. (18) "Municipal separate storm sewer system (MS4)." The conveyances owned or operated by the municipality for the collection and transportation of stormwater, including the roads and streets and their drainage systems, catch basins, curbs, gutters, ditches, man-made channels, and storm drains. (19) "National Pollutant Discharge Elimination System permit (NPDES permit)." A permit issued pursuant to 33 U.S.C. 1342. (20) "Off-site facility." A structural BMP located outside the subject property boundary described in the permit application for land development activity. (21) "On-site facility." A structural BMP located within the subject property boundary described in the permit application for land development activity. (22) "Peak flow." The maximum instantaneous rate of flow of water at a particular point resulting from a storm event. (23) "Person." Any and all persons, natural or artificial, including any individual, firm or association and any municipal or private corporation organized or existing under the laws of this or any other state or country.

DRAFT (24) "Priority area." An area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. (25) "Runoff." That portion of the precipitation on a drainage area that is discharged from the area into the municipal separate stormwater system. (26) "Sediment." Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth's surface either above or below sea level. (27) "Sedimentation." Soil particles suspended in stormwater that can settle in stream beds and disrupt the natural flow of the stream. (28) "Soils report." A study of soils on a subject property with the primary purpose of characterizing and describing the soils. The soils report shall be prepared by a qualified soils engineer, who shall be directly involved in the soil characterization either by performing the investigation or by directly supervising employees. (29) "Stabilization." Providing adequate measures, vegetative and/or structural, that will prevent erosion from occurring. (30) "Stormwater." Stormwater runoff, snow melt runoff, surface runoff, street wash waters related to street cleaning or maintenance, infiltration and drainage. (31) "Stormwater management." The programs to maintain quality and quantity of stormwater runoff to pre-development levels. (32) "Stormwater management facilities." The drainage structures, conduits, ditches, combined sewers, sewers, and all device appurtenances by means of which stormwater is collected, transported, pumped, treated or disposed of. (33) "Stormwater management plan." The set of drawings and other documents that comprise all the information and specifications for the programs, drainage systems, structures, BMPs, concepts and techniques intended to maintain or restore quality and quantity of stormwater runoff to pre-development levels. (34) "Stormwater runoff'." Flow on the surface of the ground, resulting from precipitation. (35) "Structural BMPs." Devices that are constructed to provide control of stormwater runoff. (36) "Surface water." Includes waters upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other water courses, lakes and reservoirs. (37) "Top of bank." The uppermost limit of the active channel of a stream during "bank full" conditions, usually marked by a break in slope. (38) "Watercourse." A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water. (39) "Watershed." All the land area that contributes runoff to a particular point along a waterway. (1994 Code, § 14-602, as amended by Ord. #2007-18, June 2007)

DRAFT 14-603. Stormwater system design and management objectives and standards. (1) Objectives. The objectives of this ordinance are:

(a) To protect human life and health. (b) To minimize the need for rescue and relief efforts associated

with flooding. (c) To eliminate any non-allowable discharges to the City of La

Vergne's Municipal Separate Storm Sewer System that impact water quality. (d) To help maintain a stable tax base by providing for the sound

use and development of flood-prone areas in such a manner as to maximize beneficial use without increasing flood hazard potential or diminishing the quality of the natural stormwater resources.

(e) To ensure that potential homebuyers are notified that property is in a flood area and generally increase the public awareness of flooding potential.

(f) To minimize prolonged business interruptions. (g) To minimize damage to public facilities and utilities such as

water and gas mains; electric, telephone, and sewer lines; and streets and bridges located in flood plains.

(h) To ensure a functional public and private stormwater quantity and quality management system that will not result in excessive maintenance costs.

(i) To encourage the use of natural and aesthetically pleasing design that maximizes preservation of natural areas.

(j) To guide the construction of stormwater management facilities by developing comprehensive master plans to address stormwater quantity and quality.

(k) To encourage preservation of floodplains, floodways and open spaces to protect and benefit the community's quality of life and natural resources.

(l) To encourage community stewardship of the City of La Vergne's water resources and their impacts on the community character and quality of life.

(2) Stormwater Best Management Practices. To implement the objectives of this ordinance, the City of La Vergne adopts as its stormwater design and best management practices (BMP) manual the following publications, which are incorporated by reference in this ordinance as is fully set out herein:

(a) The Tennessee Department of Environment and Conservation (TDEC) Erosion and Sediment Control Manual.

(b) Tennessee Guide to the Selection and Design of Stormwater Best Management Practices (BMPs). These manuals include a list of acceptable BMPs including the specific design performance criteria and operation and maintenance requirements for each stormwater practice. The manual may be updated and expanded at the discretion of the City of La

DRAFTVergne, based on improvements in engineering, science, monitoring and local maintenance experience. Stormwater facilities that are designed, constructed and maintained in accordance with these BMP criteria will be presumed to meet the minimum water quality performance standards.

(3) Stormwater quality. To implement the objectives of this ordinance, the following general stormwater quality policy statements shall apply:

(a) There shall be no distinctly visible floating scum, oil or other matter contained in the stormwater discharge.

(b) The stormwater discharge must not cause an objectionable color contrast in the receiving stream.

(c) Development will be required to minimize the impact to stormwater quality by applying structural and/or nonstructural management practices selected to address site-specific conditions. The goal for water quality treatment shall be 80% removal of total suspended solids from the first flush, defined by land use characteristics or at least 0.5-inches where not defined.

(d) Re-development activities will be required to follow stormwater quality requirements.

(e) No land disturbance activities, whether by private or public action, shall be performed in a manner that will negatively impact stormwater quality whether by flow restrictions, increased runoff, or by diminishing channel or floodplain storage capacity. Acceleration of erosion or sedimentation, or transport of other pollutants or forms of pollution, due to various land development activities must be controlled.

(4) Stormwater quantity. To implement the objectives of this ordinance, the following general stormwater quantity policy statements shall apply:

(a) New development shall meet a stormwater quantity level of service defined by:

(i) Designing road catch basins and connecting culverts to convey the 10-year, 24-hour design storm runoff.

(ii) Designing bridges, culverts, channels and crossdrains to pass the 25-year, 24-hour design storm runoff. Calculations shall also be provided for the 100-year, 24-hour design storm. (b) Stormwater infrastructure shall be designed in a way that:

(i) Critical service roads are not inundated by more than three inches of water over one-half the roadway width under a 100-year, 24-hour design storm event.

(ii) Other new roads shall be designed to have no more than 6-inches of road overtopping at the 25-year, 24-hour design storm event. (c) Re-development activities will be required to follow stormwater

quantity requirements. (d) No land disturbance activities, whether by private or public

action, shall be performed in a manner that will negatively impact

DRAFTstormwater quantity whether by flow restrictions, increased runoff, or by diminishing channel or floodplain storage capacity.

(e) All site designs shall control the post-development peak flow rates of stormwater discharge associated with 2-, 10-, 25-, 50-, and 100-year, 24-hour design storms to the pre-development peak flow rates. These practices should seek to utilize pervious areas for stormwater treatment and to infiltrate stormwater runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the maximum extent practical to provide treatment for both water quality and quantity.

(f) Hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the 2-, 10-, 25-, 50- and 100-year, 24-hour design storms shall be provided to the City of La Vergne. These calculations must show that the proposed stormwater management measures are capable of controlling runoff from the site in compliance with this ordinance.

(g) If hydrologic or topographic conditions warrant greater control than that provided by the minimum control requirements, the City of La Vergne may impose any and all additional requirements deemed necessary to control the volume, timing, and rate of runoff.

(h) To protect stream channels from degradation, specific channel protection criteria shall be provided.

(i) At the discretion of the City of La Vergne, stormwater discharges may be subject to additional performance criteria, or may need to utilize or restrict certain stormwater management practices.

(j) Prior to or during the site design process, applicants for land disturbance permits shall consult with the City of La Vergne to determine if they are subject to additional stormwater design requirements. (1994 Code, § 14-603)

14-604. Land disturbance permits. No building permit shall be issued until the applicant has obtained a land disturbance permit where the same is required by this ordinance. (1) Land disturbance permit applicability. Every person will be required to obtain a land disturbance permit from the city engineer in the following cases:

(a) Land disturbing activity disturbs one (1) or more acres of land; (b) Land disturbing activity of less than one (1) acre of land if such

activity is part of a larger common plan of development that affects one (1) or more acre of land;

(c) Land disturbing activity of less than one (1) acre of land, if in the discretion of the city engineer or other appropriate authority, such activity poses a threat to water, public health, or safety; and

(d) The creation and use of borrow pits. (2) Land disturbance permit application. (a) Application for a land

disturbance permit on sites requiring a "Tennessee General Permit for Storm

DRAFTWater Discharges from Construction Activities" shall require the following be submitted to the city engineer for review and approval:




(iii iv) Separate sheets, at a scale not to exceed one (1) inch equal to fifty (50) feet, for pre-construction, construction, and post construction storm water BMPs. For site disturbances less than 5 acres, at lease two separate EPSC plan sheets shall be developed. At lease two stages shall be identified, with associated EPSC measures addressed. The plan stages shall be addressed separately in plan sheets, with each reflecting the conditions and EPSC measures necessary to manage stormwater runoff, erosion and sediment during the initial land disturbance (initial grading) and the conditions and EPSC measures necessary to manage stormwater, erosion and sediment at final grading. For site disturbances more than 5 acres at least 3 separate EPSC sheets shall be developed. Three stages shall be identified. The first plan sheet should reflect the conditions and EPSC measures necessary to manage stormwater runoff during the initial land disturbance (initial grading). The second plan sheet shall reflect the conditions the EPSC measures necessary to manage stormwater runoff from interim land disturbance activities. The third plan sheet shall reflect the conditions and EPSC measures necessary to manage stormwater runoff, erosion and sediment at final grading.

(b) Application for a land disturbance permit on sites which pose a

threat to water, public health, or safety, as determined by the city engineer or other appropriate authority, shall require the following be submitted for review and approval:


property of record in the office of the assessor of property;

DRAFT(iv) Address and legal description of subject property

including the tax reference number and parcel number of the subject property;

(v) Name, address and telephone number of the contractor and any subcontractor(s) who shall perform the land disturbing activity and who shall implement the erosion and sediment control plan;






(a) Approval of the permit application; (b) Approval of the permit application, subject to such reasonable

conditions as may be necessary to secure substantially the objectives of this ordinance, and issue the permit subject to these conditions; or

(i) If the city engineer has granted conditional approval of the permit, the applicant shall submit a revised plan that conforms to the conditions established by the city engineer. However, the applicant shall be allowed to proceed with his land disturbing activity so long as it conforms to conditions established by the city engineer. (c) Denial of the permit application, indicating the reason(s) for the

denial. (d) No development plans will be released until the land

disturbance permit has been approved. (4) Permit duration. Every land disturbance permit shall expire and become null and void if substantial work authorized by such permit has not commenced within one hundred eighty (180) calendar days of issuance, or is not

DRAFTcomplete within eighteen (18) months from the date of the commencement of construction. (5) Performance bonds. (a) The City of La Vergne shall require the

submittal of a performance security or performance bond prior to issuance of a permit in order to ensure that the stormwater practices are installed by the permit holder as required by the approved stormwater management plan. The amount of the installation performance security or performance bond shall be the total estimated construction cost of the structural BMP(s) approved under the permit. The performance security shall contain forfeiture provisions for failure to complete work specified in the stormwater management plan. The applicant shall provide an itemized construction cost estimate complete with unit prices which shall be subject to acceptance, amendment or rejection by the City of La Vergne. Alternatively the City of La Vergne shall have the right to estimate the cost of construction.

(b) The performance security or performance bond shall be released in full only upon submission of as-built plans and written certification by a registered professional engineer licensed to practice in Tennessee that the structural BMP(s) has been installed in accordance with the approved plan and other applicable provisions of this ordinance. The city engineer or designee will make a final inspection of the structural BMP(s) to ensure that it is in compliance with the approved plan and the provisions of this ordinance. Provisions for a partial pro-rata release of the performance security or performance bond based on the completion of various development stages can be made at the discretion of the city engineer. (1994 Code, § 14-604)

14-605. Post construction. (1) As built plans. All applicants are required to submit as built plans for any stormwater management structures located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be sealed by a registered professional engineer licensed to practice in Tennessee. (2) Landscaping and stabilization requirements. (a) Any area of land from

which the natural vegetative cover has been either partially or wholly cleared by development activities shall be revegetated according to a schedule approved by the city engineer. The following criteria shall apply to revegetation efforts:

(i) Reseeding must be done with an annual or perennial cover crop accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until such time as the cover crop is established over ninety percent (90%) of the seeded area.

(ii) Replanting with native woody and herbaceous vegetation must be accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion.

DRAFT(iii) Any area of revegetation must exhibit survival of a

minimum of seventy-five percent (75%) of the cover crop throughout the year immediately following revegetation. Revegetation must be repeated in successive years until the minimum seventy-five percent (75%) survival for one (1) year is achieved.

(3) Stormwater system long-term operation and maintenance. (a) The maintenance responsibilities for permanent stormwater runoff control facilities shall be the responsibility of the owner.

(b) An engineer shall provide a stormwater infrastructure longterm operation and maintenance plan with an opinion of probable costs and schedule, subject to approval by the city engineer. The long term operation and maintenance plan shall be in writing, shall be in recordable form, and shall, in addition to any other terms deemed necessary by the city engineer, contain a provision permitting inspection at any reasonable time by the city engineer or his designee of the facilities deemed critical to the public welfare.

(c) The City of La Vergne will have the authority to maintain facilities not properly maintained and to recover costs associated with the maintenance from the owner.

(d) Upon approval of the stormwater management facilities by the city engineer, the facility owner shall demonstrate the ability to garner and apply the financial resources necessary for long-term maintenance requirements. The funding mechanism shall be in a form approved by the City of La Vergne. The city will only approve funding mechanism(s) for long-term maintenance responsibilities that can be demonstrated to be permanent or transferable to another entity with equivalent longevity.

(e) If a responsible party fails or refuses to meet the design or maintenance standards required for stormwater facilities under this ordinance, the City of La Vergne, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the stormwater management facility becomes a danger to public safety or public health, the City of La Vergne shall notify in writing the party responsible for maintenance of the stormwater management facility. Upon receipt of that notice, the responsible person shall have ten (10) days to effect maintenance and repair of the facility in an approved manner. In the event that corrective action is not undertaken within that time, the City of La Vergne may take necessary corrective action. The cost of any action by the City of La Vergne under this section shall be charged to the responsible party.

(4) Waterway buffer policy. (a) A waterway buffer shall be defined as a strip of undisturbed vegetation, either original or re-established, that borders streams and rivers, ponds, and lakes, wetlands, and springs.

(b) A waterway buffer shall be applied along all intermittent and perennial waterways as determined by the City of La Vergne (stormwater

DRAFTappeals and advisory board) or state. Waterway determination shall be conducted at the concept stage.

(c) The waterway buffer shall be defined as the area contained within a boundary established sixty (60) feet perpendicular beyond the top of bank on each side of the waterway.

(d) Waterways buffer variances: (i) The stormwater appeals and advisory board may grant

variances for the following: (A) Those projects or activities where it can be clearly

demonstrated that unique circumstances make it impracticable to meet some or all of the buffer requirements; or

(B) Those projects or activities serving a public need where no feasible alternative is available; or

(C) The granting of the variance will not have the effect of preventing the orderly development of other land in the area in accordance with this chapter.

(D) The construction, repair and maintenance of public improvements where avoidance and minimization of adverse impacts to wetlands and associated aquatic ecosystems have been addressed. (ii) When considering a request for a variance, the

stormwater appeals and advisory board may require additional information such as, but not limited to, site design, landscape planting, fencing, the placement of signs, and the establishment of water quality best management practices in order to reduce adverse impacts on water quality, streams, and wetlands.

(iii) When deemed appropriate by the stormwater appeals and advisory board, the water quality buffer zone width may be relaxed and permitted to become narrower as long as the width is not reduced to less than the minimum width required under applicable law, rules and regulations adopted by the State of Tennessee with regard to the same, but in no event shall it be less than twenty-five (25) feet perpendicular to the top of bank. (e) Waterway buffers shall be recorded on the plat. (f) Site development plans and plats prepared for recording shall:

(i) Define the boundaries of a waterway buffer on the subject property and be labeled as "waterway buffer."

(ii) Provide a note stating: "There shall be no clearing, grading construction or disturbance of vegetation in the waterway buffer except as permitted by the City of La Vergne."

(iii) Provide a note to reference any protective covenants governing waterway buffers stating: "waterway buffers shown hereon are subject to protective covenants which may be found in the land records and which restrict disturbance and use of these areas."

DRAFT(g) Waterway buffers shall be protected during development

activities. The waterway buffers shall be clearly marked during construction activities.

(h) Minor landscaping shall be allowed within the waterway buffer to repair erosion, damaged vegetation, or provide other maintenance. Landscaping or stabilization activities must have prior approval by the engineering department.

(i) Loss of floodplain storage due to activities within the waterway buffer is not permitted. Provided erosion prevention and sediment control, and water quality policies are adequately addressed, the following activities in the waterway buffer may be permitted with prior approval by the engineering department:

(i) Roads and utilities crossing waterways. (ii) Pedestrian trails and walkways proximate to waterways. (iii) Water quality devices. (1994 Code, § 14-605, as amended

by Ord. #2005-23, Oct. 2005 and Ord. #2007-18, June 2007) 14-606. Existing locations and developments. (1) Requirements for existing locations and developments. The following requirements shall apply to all locations and development at which land disturbing activities have occurred previous to the enactment of this ordinance:

(a) Denuded areas shall be vegetated or covered using guidelines specified in the BMP manual and on a schedule acceptable to the city engineer.

(b) Trash, junk, rubbish, etc. shall be cleared from drainage ways. (c) Stormwater runoff shall be controlled to the extent reasonable to

prevent pollution of local waters. Such control measures may include, but are not limited to, the following:

(i) Ponds (ii) Constructed wetlands (iii) Infiltration systems (iv) Filtering systems (v) Open channel

(2) Requirements for existing problem locations. The city engineer shall in writing notify the owners of existing locations and developments of specific drainage, erosion or sediment problem affecting such locations and developments, and the specific actions required to correct those problems. The notice shall also specify a reasonable time for compliance.

(3) Inspection of existing facilities. The City of La Vergne may, to the extent authorized by state and federal law, establish inspection programs to verify that all stormwater management facilities, including those built before the adoption of this ordinance, are functioning within design limits. These inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; inspections based upon

DRAFTcomplaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other BMPs. (1994 Code, § 14-606)

14-607. Inspections. Inspections shall be performed to ensure that vegetation, erosion and sediment control measures and other protective measures identified in the site plan are kept in good and effective operating condition.

(1) Inspection requirements. (a) Inspections required by TDEC. (b) Submission of inspection documentation upon request by the

city engineer. (c) Pre-construction storm water management BMPs must be

inspected and certified that the BMPs are in accordance with the approved plans.

(d) Construction storm water management BMPs must be inspected and certified that the BMPs are in accordance with the approved plans, prior to granting building permit on sites requiring a land disturbance permit.

(e) Post construction BMPs must be inspected and certified that the BMPs are in accordance with the approved plans prior to release of surety. (2) City of La Vergne inspections. City inspections may include, but are

not limited to, the following: (a) An initial inspection prior to issuance of a land disturbance

permit; (b) A bury inspection prior to burial of any underground drainage

structure; (c) Erosion prevention and sediment control inspections as

necessary to ensure effective control of erosion and sedimentation; (d) A final inspection when all work, including installation of storm

management facilities, has been completed; and (e) Periodic inspections to ensure storm water facilities are being

maintained. (1994 Code, § 14-607) 14-608. Illicit discharges. (1) Prohibition of illicit discharges.

(a) Pursuant to the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) program administered by the Tennessee Department of Environment and Conservation (TDEC) illicit discharges to the MS4 are being defined as illegal. This is accomplished by identifying allowable non-stormwater discharges into the MS4 in the best interest of the City of La Vergne, Tennessee.

DRAFT(b) Non-stormwater discharge means any discharge to the

Municipal Separate Storm Sewer System except as permitted by 0. (c) Except as hereinafter provided, all non-stormwater discharges

into the Municipal Separate Storm Sewer System are prohibited and declared to be unlawful.

(2) Allowable stormwater discharges. (a) Unless the City of La Vergne, TDEC, EPA or other regulatory agency has identified them as a source of pollutants to the "Waters of the State of Tennessee," the following nonstormwater discharges into the Municipal Separate Storm Sewer System are lawful:

(i) Water line flushing or other potable water sources, (ii) Landscape irrigation or lawn watering with potable

water, (iii) Diverted stream flows, (iv) Rising ground water, (v) Groundwater infiltration to storm drains, (vi) Pumped groundwater, (vii) Foundation or footing drains, (viii) Crawl space pumps, (ix) Air conditioning condensation, (x) Springs, (xi) Non-commercial washing of vehicles, (xii) Natural riparian habitat or wet-land flows, (xiii) Swimming pools (if dechlorinated), (xiv) Fire fighting activities, (xv) Discharges specified in writing by the City of La Vergne

as being necessary to protect public health and safety, and (xvi) Dye testing is an allowable discharge if the City of La

Vergne has so specified in writing. (3) Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting in, or may result in, illicit discharges or pollutants discharging into stormwater, the municipal separate storm sewer system, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, the person shall notify the city engineer in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the city engineer within three (3) business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written

DRAFTrecord of the discharge and the actions taken to prevent its recurrence. (1994 Code, § 14-608) 14-609. Enforcement. (1) Enforcement authority. The city engineer or his designee shall have the authority to issue notices of violation and citations, and to impose the civil penalties provided in this section. (2) Notification of violation. (a) Written notice. Whenever the city engineer

or other appropriate city official finds that any permittee or any other person discharging stormwater has violated or is violating this ordinance or a permit or order issued hereunder, the city engineer or his designee may serve upon such person written notice of the violation. Within ten (10) days of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the city engineer. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation.

(b) Consent orders. The City of La Vergne is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the person to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to paragraphs (d) and (e) below.

(c) Show cause hearing. The City of La Vergne may order any person who violates this ordinance or permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the violator show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing.

(d) Compliance order. When the city engineer or his designee finds that any person has violated or continues to violate this ordinance or a permit or order issued hereunder, the city engineer or his designee may issue an order to the violator directing that, following a specific time period, adequate structures, devices, be installed or procedures implemented and properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the construction of appropriate structures, installation of devices, self-monitoring, and management practices.

(e) Cease and desist orders. When the city engineer or his designee finds that any person has violated or continues to violate this ordinance or any permit or order issued hereunder, the city engineer or his designee may

DRAFTissue an order to cease and desist all such violations and direct those persons in noncompliance to:

(i) Comply forthwith; or (ii) Take such appropriate remedial or preventive action as

may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.

(iii) Conflicting standards. Whenever there is a conflict between any standard contained in this ordinance and in the BMP manual adopted by the City of La Vergne under this ordinance, the strictest standard shall prevail. (1994 Code, § 14-609)


(a) The harm done to the public health or the environment; (b) Whether the civil penalty imposed will be a substantial

economic deterrent to the illegal activity; (c) The economic benefit gained by the violator; (d) The amount of effort put forth by the violator to remedy this

violation; (e) Any unusual or extraordinary enforcement costs incurred by the

City of La Vergne; (f) The amount of penalty established by ordinance or resolution for

specific categories of violations; and (g) Any equities of the situation which outweigh the benefit of

imposing any penalty or damage assessment. (4) Recovery of damages and costs. In addition to the civil penalty in § 14-610(2), the City of La Vergne may recover:


DRAFT(b) The costs of the City of La Vergne's maintenance of stormwater

facilities when the user of such facilities fails to maintain them as required by this ordinance.

(5) Other remedies. The City of La Vergne may bring legal action to enjoin the continuing violation of this ordinance, and the existence of any other remedy, at law or equity, shall be no defense to any such actions. (6) Remedies cumulative. The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one (1) or more of the remedies set forth herein has been sought or granted. (1994 Code, § 14-610) 14-611. Appeals. Pursuant to Tennessee Code Annotated, § 68-221-1106(d), any person aggrieved by the imposition of a civil penalty, decision or damage assessment as provided by this ordinance may appeal said penalty, decision or damage assessment to the City of La Vergne's Stormwater Administrative Board. (1) Appeals to be in writing. The appeal shall be in writing and filed with the City of La Vergne clerk within fifteen (15) days after the civil penalty and/or damage assessment is served in any manner authorized by law. (2) Public hearing. Upon receipt of an appeal, the City of La Vergne's Stormwater Administrative Board shall hold a public hearing within thirty (30) days. Ten (10) days prior notice of the time, date, and location of said hearing shall be published in a daily newspaper of general circulation. Ten (10) days notice by registered mail shall also be provided to the aggrieved party, such notice to be sent to the address provided by the aggrieved party at the time of appeal. The decision of the City of La Vergne's Stormwater Administrative Board shall be final. (3) Appealing decisions of the City of La Vergne. Any alleged violator may appeal a decision of the City of La Vergne's Stormwater Administrative Board pursuant to the provisions of Tennessee Code Annotated, title 27, chapter 8. (1994 Code, § 14-611) 14-612. Severability. Should any article, section, subsection, clause or provision of this Comprehensive Stormwater Management Ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part declared to be unconstitutional or invalid, each article, section clause and provision being declared severable. If any provisions of this ordinance and any other provisions of law impose overlapping or contradictory regulations, or contain any restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards or requirements shall govern. (1994 Code, § 14-612)

DRAFT

Page 1 of 3

Ordinance #2011-26

AN ORDINANCE TO AMEND THE LA VERGNE MUNICIPAL CODE REGARDING THE REMOVAL OF BOARD AND COMMITTEE MEMBERS. BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF LA VERGNE, TENNESSEE, that: SECTION I. Title 2, Chapter 1, Section 2-103 of the La Vergne Municipal Code be

amended to read as follows: 2-103. Appointment, terms of office and vacancies. Members shall be appointed by the mayor and confirmed by the board of mayor and aldermen, and shall serve at the pleasure of the board. Members shall be appointed for a four (4) year term. Members shall be eligible for re-appointment. In case of any vacancies on the committee, vacancies shall be filled for the unexpired term. Members shall vacate their membership by resignation or by removal by the board of mayor and aldermen. Members may be removed by the board of mayor and aldermen at the request of the chairman of the board or committee and the department head responsible for that board or committee, if the member is absent from two (2) or more scheduled meetings in a row. The alderman appointed to serve as chairman shall vacate the chairmanship by resignation, upon departure from the board of mayor and aldermen, or by removal by the board of mayor and aldermen. SECTION II. Title 2, Chapter 8, Section 2-803 of the La Vergne Municipal Code be

amended to read as follows: 2-803. Removal from office and filling of vacancies therefrom. Members of the library board serve at the pleasure of the board of mayor and aldermen and may be removed from office by majority vote of the board of mayor and aldermen with or without cause. Members may be removed by the board of mayor and aldermen at the request of the chairman of the board or committee and the library director, if the member is absent from two (2) or more scheduled meetings in a row. SECTION III. Title 8, Chapter 3, Section 8-301 of the La Vergne Municipal Code be

amended to read as follows: 8-301. Beer board established. There is hereby established a beer board to be composed of five (5) members appointed by the mayor, who shall also have authority to remove any appointive member at his/her pleasure without cause. Members may be removed by the board of mayor and aldermen at the request of the chairman of the board or committee and the city recorder, if the member is absent from two (2) or more scheduled meetings in a row. A chairman shall be elected annually by the board from among its members. All members of the beer board shall serve without compensation. A member shall be appointed for a four (4) year term. Members shall be eligible for re-appointment. Vacancies shall be filled by an appointment by the mayor with the affirmation of the board of mayor and aldermen to serve out the remainder of the vacating member's term.

DRAFT

Page 2 of 3

SECTION IV. Title 14, Chapter 1, Section 14-101 of the La Vergne Municipal Code be

amended to read as follows: 14-101. Creation and membership. Pursuant to the provisions of Tennessee Code Annotated, § 13-4-101 there is hereby created a municipal planning commission, hereinafter referred to as the planning commission. The planning commission shall consist of seven (7) members; two (2) of these shall be the mayor, and a member of the board of mayor and aldermen selected by the board of mayor and aldermen; the other five (5) members shall be appointed by the mayor. All members of the planning commission shall serve as such without compensation. Except for the initial appointments, the terms of the five (5) members appointed by the mayor shall be for four (4) years each. Members may be removed by the board of mayor and aldermen at the request of the chairman of the board or committee and the city recorder, if the member is absent from two (2) or more scheduled meetings in a row. Upon more than one (1) vacancy, the mayor may at his discretion appoint one or more of the new appointments in such a way as to allow each term to expire a year apart. The terms of the mayor and members selected by the board of mayor and aldermen shall run concurrently with their terms of office. Any vacancy in an appointive membership shall be filled for the unexpired term by the mayor, who shall also have the authority to remove any appointive member at his will and pleasure. SECTION V. Title 14, Chapter 5, Section 14-502 of the La Vergne Municipal Code be

amended to read as follows: 14-502. Term of members. The initial members of the board of zoning appeals shall serve terms where one (1) member's terms shall expire each year. Upon the expiration of each initial term, a member shall be appointed for a four (4) year term. Members shall be eligible for re-appointment. Members may be removed by the board of mayor and aldermen at the request of the chairman of the board or committee and the city recorder, if the member is absent from two (2) or more scheduled meetings in a row. Vacancies shall be filled by an appointment by the mayor with the affirmation of the board of mayor and aldermen to serve out the remainder of the vacating member's term. SECTION VI. Title 14, Chapter 5, Section 14-502 of the La Vergne Municipal Code be

amended to read as follows: 14-802. Terms and vacancies. Members shall be appointed for four (4) year terms. Members shall be eligible for re-appointment. Members may be removed by the board of mayor and aldermen at the request of the chairman of the board or committee and the city engineer, if the member is absent from two (2) or more scheduled meetings in a row. Vacancies shall be filled by an appointment by the mayor, subject to confirmation by the board of mayor and aldermen to serve out the remainder of the vacating member's term. The alderman appointed to the board shall vacate his/her position by resignation, upon departure from the board of mayor and aldermen, or by removal by the board of mayor and aldermen.

DRAFT

Page 3 of 3

SECTION VII. Each section, subsection, paragraph, sentence and clause of this ordinance is hereby declared to be separable and severable. The validity of any section, subsection, paragraph, sentence or clause shall not be effected by the invalidity of any other portion of this ordinance, and only any portion declared to be invalid by a court of competent jurisdiction shall be deleted herefrom.

SECTION VIII. That this Ordinance take effect forthwith upon its final passage, the





AN ORDINANCE TO AMEND THE FIVE YEAR CAPITAL PLAN AND THE FISCAL YEAR 2011-2012 WATER AND SEWER FUND BUDGET TO ADD THE ASSISTANT PUBLIC WORKS DIRECTOR POSITION. BE IT ORDAINED By the Board of Mayor and Aldermen of the City of La Vergne as follows: SECTION 1. The 2011-2012 Budget is hereby amended for the Water and Sewer

Fund by providing for: Increased Expenditure for account numbers: 52300 Water Maintenance $ 62,000 Total Fund Uses Total Fund Balance/Uses Decrease $ 62,000 SECTION 2. The Five Year Water and Sewer Capital Plan be amended as shown

in Exhibit “A”, which is incorporated by reference as if fully set out herein.

THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER THE DATE OF FINAL PASSAGE, THE PUBLIC WELFARE REQUIRING IT.

LEGAL STATUS PROVISIONS Approved by the Mayor and Board of Aldermen: ________________ 1st Reading _____________________________________ ________________ Senna Mosley, Mayor 2nd Reading ________________ ATTEST: Public Hearing _____________________________________ Bruce E. Richardson, City Recorder Published in the Daily News Journal on ________________________.

DRAFTEXHIBIT "A" CITY OF LA VERGNE 5- 10 YEAR CAPITAL PLAN Amended

ITEM TYPE OF IMPROVEMENT FISCAL FISCAL FISCAL FISCAL FISCAL FISCAL FISCAL FISCAL FISCAL FISCALYEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR YEAR TOTAL

2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21

WATER1 Water Treatment Plant 635,000 635,000 0 0 0 0 1,270,0002 Filter Cells 75,000 75,000 150,0003 Small Dia Replace 0 795,000 846,000 678,000 632,000 0 2,951,0004 24" Wtr Line Stones River Rd 0 1,650,000 1,650,000 0 0 0 3,300,0005 18" Wtr Line near Stones Rvr Roundabout 0 0 0 750,000 0 0 750,0006 Water Storage Tanks 0 0 2,000,000 2,000,000 0 0 4,000,0007 Pump Station Waldron Rd 0 0 0 700,000 0 0 700,0008 12" Water Line Blair Rd 0 0 0 0 825,000 0 825,0009 Emerg Supp Conn Smyrna 0 500,000 0 0 0 0 500,000

10 Corps of Engineer Acreage 0 2,100,000 0 0 0 0 2,100,00011 PPE all PW Employees 8,500 8,50012 OSHA Train all PW Emp 12,500 12,50013 Certified Safety Officer/Trainee 014 Planner 015 Con Sp Teck Trng W/S 10,000 10,00016 Public Works Asst. Director / Planner / Safety Cordinator 62,000 63,860 65,776 67,749 69,782 71,875 74,031 76,252 78,540 80,896 710,76117 Vehicle Warning Dev & Markings 20,000 20,000

SEWER18 Fergus, Hollandale,Hurricane Creek, other Rehabilitation 575,000 575,000 200,000 575,000 0 0 1,925,00019 Flow Monitoring 30,000 0 0 0 0 0 30,00020 Mc Farland odor Control 40,000 0 0 0 0 0 40,00021 Solid Disposal System 30,000 0 0 0 0 0 30,00022 Interstate PS 100,000 100,000 0 0 0 0 200,00023 Misc, Master Plan 125,000 125,000 125,000 125,000 125,000 0 625,00024 MWS Flow Meter Electronics 25,000 75,000 25,000 0 0 0 125,00025 Waters Edge, Hickory Springs PS Rehab 150,000 150,000 70,000 0 0 0 370,00026 General Sewer Rehab 300,000 300,000 300,000 300,000 300,000 0 1,500,00027 General PS Rehab 170,000 170,000 170,000 170,000 170,000 0 850,00028 Laborer 3 Camera Trk Operator 0 51,500 53,045 54,636 56,275 57,964 59,703 61,494 63,339 65,239 523,194

TOTAL 2,293,000 7,365,360 5,579,821 5,420,385 2,178,057 129,839 133,734 137,746 141,878 146,135 23,525,954

September 6, 2011

DRAFT

M E M O

DATE: August 29, 2011 TO: BOARD of MAYOR & ALDERMEN FROM: FELICIA SMITH RE: BID - WARNING SYSTEM AND MASS NOTIFICATION BID We received four bids for the Outdoor Emergency Warning System bid. The LEPC Committee met and went over all the results. They recommended that McCord Communications be awarded this project. We will be bidding out the financing portion of this after this is awarded. Federal Signal $ 384,935.00 American Signal (Several exceptions to the bid) $ 299,965.00 Stansell Electric Comp/ATI Product $ 468,110.00 McCord Communications $ 497,041.36

DRAFT

DATE: September 28, 2011 TO: BOARD of MAYOR & ALDERMEN FROM: FELICIA SMITH RE: 2011 Street Salt (State Bid) North American Salt Co. out of Atlanta Ga. has been awarded the state bid for salt for 2011. We are able to reserve 250 tons at $70.97 per ton. This would be at total of $17,745.20 if we need all of this salt. All they will allow us to reserve is 250 tons. Gary Riddle asked to increase the reserve amount due to the need from the winter of 2010. It would be in the best interest of the City to make sure the salt shed at public works is in condition to handle salt without a lot of loss. Considering last winter’s weather I would like permission to search for another company to buy salt from now, to plan ahead for the coming winter weather.

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFTTHE STATE OF TENNESSEE

TENNESSEE EMERGENCY MANAGEMENT AGENCY EMERGENCY OPERATIONS CENTER

MILIT ARY DEPARTMENT OF TENNESSEE 3041 SlDCO DRIVE, P.O. BOX 41502

NASHVILLE, TENNESSEE 37204·1502 (615) 741·0001

September 20,2011

RE: FEMA ID: 1909-0018 TEMA ID: 0261 City of LaVergne Parrish Street Home Buyout Contract No. E-Pending

The Honorable Senna Mosley Mayor

City of LaVergne 5093 Murfreesboro Road LaVergne, TN 37086-2706

Dear Mayor Mosley:

Attached for your signature is a grant between the Tennessee Emergency Management Agency and the City of LaVergne. This grant is for the Parrish Street Home Buyout project funded under the Hazard Mitigation Grant Program (HMGP) identified as FEMA project number 1909-0018.

Please sign this grant and return it to this agency as soon as possible. ,

Please address any questions you may have to Ms. Mary Lynn Gillingham, State Hazard Mitigation Specialist ~t (615) 815-8038.

Sincerely,

, ~1r ith L. Huff

JLHlbdh

Attachment

cc: Kelly Zadakaus,. Director of Middle TN Region Roger Allen, Director Rutherford County EMA Katie Kline

DRAFT7‐1‐11 GG

G R A N T C O N T R A C T (cost reimbursement grant contract with a federal or Tennessee local or quasi-governmental entity)

Begin Date End Date Agency Tracking # Edison ID

08/24/2011 08/23/2014 34101-03812 Contractor Legal Entity Name Edison Vendor ID

CITY OF LAVERGNE 1520 Subrecipient or Vendor CFDA #

Subrecipient Vendor 97.039 Service Caption (one line only)

HAZARD MITIGATION GRANT PROGRAM FEMA ID #1909-0018, TID 0261 Funding — FY State Federal Interdepartmental Other TOTAL Contract Amount

2012 16,268.50 97,613.00 113,881.50

TOTAL: 16,268.50 97,613.00 113,881.50

American Recovery and Reinvestment Act (ARRA) Funding: YES NO

Budget Officer Confirmation: There is a balance in the appropriation from which obligations hereunder are required to be paid that is not already encumbered to pay other obligations.

OCR USE - GG

Speed Chart (optional) Account Code (optional)

71302000

DRAFT7‐1‐11 GG

1

GRANT CONTRACT BETWEEN THE STATE OF TENNESSEE,

DEPARTMENT OF MILITARY, TENNESSEE EMERGENCY MANAGEMENT AGENCY AND

CITY OF LAVERGNE

This Grant Contract, by and between the State of Tennessee, Department of Military, Tennessee Emergency Management Agency, hereinafter referred to as the “State” and the City of LaVergne, hereinafter referred to as the “Grantee,” is for the provision of pass-through funding for the administration and completion of an approved Hazard Mitigation Plan project 1909-0018, as further defined in the "SCOPE OF SERVICES." Grantee Edison Vendor ID # 1520 A. SCOPE OF SERVICES: A.1. The Grantee shall provide all service and deliverables as required, described, and detailed herein

and shall meet all service and delivery timelines as specified by this Grant Contract. A.2. Grantee shall comply with all requirements set forth by the Federal Emergency Management

Agency’s Hazard Mitigation Assistance Unified Guidance, date June 1, 2010, and the scope of this contract shall be limited to pre-approved mitigation activities deriving from presidentially declared disaster FEMA-1909-DR-TN.

A.3. The Grantee shall complete the project(s) in accordance with the application approved by FEMA

as well as any additional requirements stated in the FEMA project approval letter, attached hereto as Attachment 2.

A.4. The Grantee shall comply with the 44 Code of Federal Regulations (CFR), 13.32, 7, 17, 18,

Subchapter(s) B, C, D, E, 31 CFR § 205.6, and Office of Management and Budget (OMB) Circular(s) A-102, A-87, and A-133.

A.5. The Grantee shall comply with the National Environmental Policy Act (NEPA), (Public Law 91-

190; 42 U.S.C. 4321 and 4331-4335) and related legislation as implemented under 44 CFR, Part 10.

A.6. The Grantee shall comply with Executive Order 11988, Flood Plain Management, and Executive

Order 11990, Protection of Wetlands, as implemented under 44 CFR, Part 9. A.7. The Grantee shall comply with the National Historic Preservation Act (Public Law 91–190; 42

U.S.C. 4321 and 4331–4335). B. CONTRACT PERIOD: This Grant Contract shall be effective for the period beginning August 24, 2011, and ending on

August 23, 2014. The Grantee hereby acknowledges and affirms that the State shall have no obligation for Grantee services or expenditures that were not completed within this specified contract period.

C. PAYMENT TERMS AND CONDITIONS: C.1. Maximum Liability. In no event shall the maximum liability of the State under this Grant Contract

exceed one hundred thirteen thousand, eight hundred eighty-one dollars and 50/100 ($113,881.50). The Grant Budget, attached and incorporated hereto as Attachment 1, shall constitute the maximum amount due the Grantee for all service and Grantee obligations

DRAFT7‐1‐11 GG

2

hereunder. The Grant Budget line-items include, but are not limited to, all applicable taxes, fees, overhead, and all other direct and indirect costs incurred or to be incurred by the Grantee.

C.2. Compensation Firm. The maximum liability of the State is not subject to escalation for any

reason unless amended. The Grant Budget amounts are firm for the duration of the Grant Contract and are not subject to escalation for any reason unless amended, except as provided in section C.6.

C.3. Payment Methodology. The Grantee shall be reimbursed for actual, reasonable, and necessary

costs based upon the Grant Budget, not to exceed the maximum liability established in section C.1. Upon progress toward the completion of the work, as described in section A of this Grant Contract, the Grantee shall submit invoices prior to any reimbursement of allowable costs.

C.4. Travel Compensation. Reimbursement to the Grantee for travel, meals, or lodging shall be subject to amounts and limitations specified in the "State Comprehensive Travel Regulations," as they are amended from time to time, and shall be contingent upon and limited by the Grant Budget funding for said reimbursement.

C.5. Invoice Requirements. The Grantee shall invoice the State no more often than monthly, with all

necessary supporting documentation, and present such to: Tennessee Emergency Management Agency Hazard Mitigation Division 3041 Sidco Drive Nashville, TN 37204

a. Each invoice shall clearly and accurately detail all of the following required information

(calculations must be extended and totaled correctly). (1) Invoice/Reference Number (assigned by the Grantee). (2) Invoice Date. (3) Invoice Period (to which the reimbursement request is applicable). (4) Grant Contract Number (assigned by the State). (5) Grantor: Department of Military, Tennessee Emergency Management Agency. (6) Grantor Number (assigned by the Grantee to the above-referenced Grantor). (7) Grantee Name. (8) Grantee Federal Employer Identification, Social Security, or Tennessee Edison

Registration ID Number Referenced in Preamble of this Grant Contract. (9) Grantee Remittance Address. (10) Grantee Contact for Invoice Questions (name, phone, and/or fax). (11) Itemization of Reimbursement Requested for the Invoice Period— it must detail,

at minimum, all of the following: i. The amount requested by Grant Budget line-item (including any travel

expenditure reimbursement requested and for which documentation and receipts, as required by "State Comprehensive Travel Regulations," are attached to the invoice).

ii. The amount reimbursed by Grant Budget line-item to date. iii. The total amount reimbursed under the Grant Contract to date. iv. The total amount requested (all line-items) for the Invoice Period.

b. The Grantee understands and agrees to all of the following. (1) An invoice under this Grant Contract shall include only reimbursement requests

for actual, reasonable, and necessary expenditures required in the delivery of

DRAFT7‐1‐11 GG

3

service described by this Grant Contract and shall be subject to the Grant Budget and any other provision of this Grant Contract relating to allowable reimbursements.

(2) An invoice under this Grant Contract shall not include any reimbursement request for future expenditures.

(3) An invoice under this Grant Contract shall initiate the timeframe for reimbursement only when the State is in receipt of the invoice, and the invoice meets the minimum requirements of this section C.5.

C.6. Budget Line-items. Expenditures, reimbursements, and payments under this Grant Contract shall

adhere to the Grant Budget. Reimbursable expenditures may NOT vary from the Grant Budget line-item amount(s) detailed.

C.7. Disbursement Reconciliation and Close Out. The Grantee shall submit any final invoice and a

grant disbursement reconciliation report within sixty (60) days of the Grant Contract end date and in form and substance acceptable to the State. a. If total disbursements by the State pursuant to this Grant Contract exceed the amounts

permitted by the section C, payment terms and conditions of this Grant Contract, the Grantee shall refund the difference to the State. The Grantee shall submit said refund with the final grant disbursement reconciliation report.

b. The State shall not be responsible for the payment of any invoice submitted to the state

after the grant disbursement reconciliation report. The State will not deem any Grantee costs submitted for reimbursement after the grant disbursement reconciliation report to be allowable and reimbursable by the State, and such invoices will NOT be paid.

c. The Grantee’s failure to provide a final grant disbursement reconciliation report to the

state as required shall result in the Grantee being deemed ineligible for reimbursement under this Grant Contract, and the Grantee shall be required to refund any and all payments by the state pursuant to this Grant Contract.

d. The Grantee must close out its accounting records at the end of the contract period in

such a way that reimbursable expenditures and revenue collections are NOT carried forward.

C.8. Indirect Cost. Should the Grantee request reimbursement for indirect cost, the Grantee must

submit to the State a copy of the indirect cost rate approved by the cognizant federal agency and the State. The Grantee will be reimbursed for indirect cost in accordance with the approved indirect cost rate to amounts and limitations specified in the attached Grant Budget. Once the Grantee makes an election and treats a given cost as direct or indirect, it must apply that treatment consistently and may not change during the contract period. Any changes in the approved indirect cost rate must have prior approval of the cognizant federal agency and the State. If the indirect cost rate is provisional during the period of this agreement, once the rate becomes final, the Grantee agrees to remit any overpayment of funds to the State, and subject to the availability of funds the State agrees to remit any underpayment to the Grantee.

C.9. Cost Allocation. If any part of the costs to be reimbursed under this Grant Contract are joint costs

involving allocation to more than one program or activity, such costs shall be allocated and reported in accordance with the provisions of Department of Finance and Administration Policy Statement 03 or any amendments or revisions made to this policy statement during the contract period.

C.10. Payment of Invoice. A payment by the State shall not prejudice the State's right to object to or

question any reimbursement, invoice, or matter in relation thereto. A payment by the State shall

DRAFT7‐1‐11 GG

4

not be construed as acceptance of any part of the work or service provided or as approval of any amount as an allowable cost.

C.11. Unallowable Costs. Any amounts payable to the Grantee shall be subject to reduction for

amounts included in any invoice or payment theretofore made, which are determined by the State, on the basis of audits or monitoring conducted in accordance with the terms of this Grant Contract, not to constitute allowable costs.

C.12. Deductions. The State reserves the right to deduct from amounts, which are or shall become due

and payable to the Grantee under this or any contract between the Grantee and the State of Tennessee any amounts, which are or shall become due and payable to the State of Tennessee by the Grantee.

C.13. Prerequisite Documentation. The Grantee shall not invoice the State under this Grant Contract

until the State has received the following documentation properly completed.

a. The Grantee shall complete, sign, and present to the State an "Authorization Agreement for Automatic Deposit (ACH Credits) Form" provided by the State. By doing so, the Grantee acknowledges and agrees that, once said form is received by the State, all payments to the Grantee, under this or any other contract the Grantee has with the State of Tennessee shall be made by Automated Clearing House (ACH).

b. The Grantee shall complete, sign, and present to the State a "Substitute W-9 Form”

provided by the State. The taxpayer identification number detailed by said form must agree with the Federal Employer Identification Number or Social Security Number referenced in this Grant Contract or the Grantee's Tennessee Edison Registration.

D. STANDARD TERMS AND CONDITIONS: D.1. Required Approvals. The State is not bound by this Grant Contract until it is signed by the

contract parties and approved by appropriate officials in accordance with applicable Tennessee laws and regulations (depending upon the specifics of this contract, said officials may include, but are not limited to, the Commissioner of Finance and Administration, the Commissioner of Human Resources, and the Comptroller of the Treasury).

D.2. Modification and Amendment. Except as specifically provided herein, this Grant Contract may be

modified only by a written amendment signed by all parties hereto and approved by both the officials who approved the base contract and, depending upon the specifics of the contract as amended, any additional officials required by Tennessee laws and regulations (said officials may include, but are not limited to, the Commissioner of Finance and Administration, the Commissioner of Human Resources, and the Comptroller of the Treasury).

D.3. Termination for Convenience. The State may terminate this Grant Contract without cause for any

reason. Said termination shall not be deemed a breach of contract by the State. The State shall give the Grantee at least thirty (30) days written notice before the effective termination date. The Grantee shall be entitled to compensation for authorized expenditures and satisfactory services completed as of the termination date, but in no event shall the State be liable to the Grantee for compensation for any service which has not been rendered. The final decision as to the amount, for which the State is liable, shall be determined by the State. Should the State exercise this provision, the Grantee shall not have any right to any actual general, special, incidental, consequential, or any other damages whatsoever of any description or amount.

D.4. Termination for Cause. If the Grantee fails to properly perform its obligations under this Grant

Contract in a timely or proper manner, or if the Grantee violates any terms of this Grant Contract, the State shall have the right to immediately terminate the Grant Contract and withhold payments in excess of fair compensation for completed services. Notwithstanding the above, the Grantee

DRAFT7‐1‐11 GG

5

shall not be relieved of liability to the State for damages sustained by virtue of any breach of this Grant Contract by the Grantee.

D.5. Subcontracting. The Grantee shall not assign this Grant Contract or enter into a subcontract for

any of the services performed under this Grant Contract without obtaining the prior written approval of the State. If such subcontracts are approved by the State, each shall contain, at a minimum, sections of this contract pertaining to "Conflicts of Interest," “Lobbying,” "Nondiscrimination," “Public Accountability,” “Public Notice,” and “Records" (as identified by the section headings). Notwithstanding any use of approved subcontractors, the Grantee shall be the prime contractor and shall be responsible for all work performed.

D.6. Conflicts of Interest. The Grantee warrants that no part of the total Grant Amount shall be paid

directly or indirectly to an employee or official of the State of Tennessee as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Grantee in connection with any work contemplated or performed relative to this Grant Contract.

D.7. Lobbying. The Grantee certifies, to the best of its knowledge and belief, that:

a. No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

b. If any funds other than federally appropriated funds have been paid or will be paid to any

person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this contract, grant, loan, or cooperative agreement, the Grantee shall complete and submit Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in accordance with its instructions.

c. The Grantee shall require that the language of this certification be included in the award

documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code.

D.8. Nondiscrimination. The Grantee hereby agrees, warrants, and assures that no person shall be

excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Grant Contract or in the employment practices of the Grantee on the grounds of handicap or disability, age, race, color, religion, sex, national origin, or any other classification protected by Federal, Tennessee State constitutional, or statutory law. The Grantee shall, upon request, show proof of such nondiscrimination and shall post in conspicuous places, available to all employees and applicants, notices of nondiscrimination.

D.9. Public Accountability. If the Grantee is subject to Tennessee Code Annotated, Title 8, Chapter 4,

Part 4, or if this Grant Contract involves the provision of services to citizens by the Grantee on behalf of the State, the Grantee agrees to establish a system through which recipients of services may present grievances about the operation of the service program, and the Grantee shall

DRAFT7‐1‐11 GG

6

display in a prominent place, located near the passageway through which the public enters in order to receive Grant supported services, a sign at least twelve inches (12") in height and eighteen inches (18") in width stating:

NOTICE: THIS AGENCY IS A RECIPIENT OF TAXPAYER FUNDING. IF YOU OBSERVE AN AGENCY DIRECTOR OR EMPLOYEE ENGAGING IN ANY ACTIVITY WHICH YOU CONSIDER TO BE ILLEGAL, IMPROPER, OR WASTEFUL, PLEASE CALL THE STATE COMPTROLLER’S TOLL-FREE HOTLINE: 1-800-232-5454

D.10. Public Notice. All notices, informational pamphlets, press releases, research reports, signs, and

similar public notices prepared and released by the Grantee shall include the statement, “This project is funded under an agreement with the State of Tennessee.” Any such notices by the Grantee shall be approved by the State.

D.11. Licensure. The Grantee and its employees and all sub-grantees shall be licensed pursuant to all

applicable federal, state, and local laws, ordinances, rules, and regulations and shall upon request provide proof of all licenses.

D.12. Records. The Grantee (and any approved subcontractor) shall maintain documentation for all

charges under this Contract. The books, records, and documents of the Grantee (and any approved subcontractor), insofar as they relate to work performed or money received under this Contract, shall be maintained for a period of three (3) full years from the date of the final payment and shall be subject to audit at any reasonable time and upon reasonable notice by the state agency, the Comptroller of the Treasury, or duly appointed representatives. The records of not-for-profit entities shall be maintained in accordance with the Accounting and Financial Reporting for Not-for-Profit Recipients of Grant Funds in Tennessee, published by the Tennessee Comptroller of the Treasury and found at http://www.comptroller1.state.tn.us/ma/finreptmanual.asp. The records for local governments shall be maintained in accordance with the Internal Control and Compliance Manual for Tennessee Municipalities, published by the Tennessee Comptroller of the Treasury and found at http://www.comptroller1.state.tn.us/ma/citymanual.asp and in accordance with GFOA's publication, Governmental Accounting, Auditing and Financial Reporting.

D.13. Prevailing Wage Rates. All grants and contracts for construction, erection, or demolition or to

install goods or materials that involve the expenditure of any funds derived from the State require compliance with the prevailing wage laws as provided in Tennessee Code Annotated, Section 12-4-401 et seq..

D.14. Monitoring. The Grantee’s activities conducted and records maintained pursuant to this Grant

Contract shall be subject to monitoring and evaluation by the State, the Comptroller of the Treasury, or their duly appointed representatives.

D.15. Progress Reports. The Grantee shall submit brief, periodic, progress reports to the State as

requested. D.16. Annual Report and Audit. The Grantee shall prepare and submit, within nine (9) months after the

close of the reporting period, an annual report of its activities funded under this Grant Contract to the commissioner or head of the Granting agency, the Tennessee Comptroller of the Treasury, and the Commissioner of Finance and Administration. The annual report for any Grantee that receives five hundred thousand dollars ($500,000) or more in aggregate federal and state funding for all its programs shall include audited financial statements. All books of account and financial records shall be subject to annual audit by the Tennessee Comptroller of the Treasury or the Comptroller’s duly appointed representative. When an audit is required, the Grantee may, with the prior approval of the Comptroller, engage a licensed independent public accountant to perform the audit. The audit contract between the Grantee and the licensed independent public accountant shall be on a contract form prescribed by the Tennessee Comptroller of the Treasury.

DRAFT7‐1‐11 GG

7

Any such audit shall be performed in accordance with generally accepted government auditing standards, the provisions of OMB Circular A-133, if applicable, and the Audit Manual for Governmental Units and Recipients of Grant Funds published by the Tennessee Comptroller of the Treasury. The Grantee shall be responsible for reimbursement of the cost of the audit prepared by the Tennessee Comptroller of the Treasury, and payment of fees for the audit prepared by the licensed independent public accountant. Payment of the audit fees of the licensed independent public accountant by the Grantee shall be subject to the provisions relating to such fees contained in the prescribed contract form noted above. Copies of such audits shall be provided to the designated cognizant state agency, the State Granting Department, the Tennessee Comptroller of the Treasury, and the Department of Finance and Administration and shall be made available to the public.

D.17. Procurement. If other terms of this Grant Contract allow reimbursement for the cost of goods,

materials, supplies, equipment, and/or contracted services, such procurement(s) shall be made on a competitive basis, including the use of competitive bidding procedures, where practical. The Grantee shall maintain documentation for the basis of each procurement for which reimbursement is paid pursuant to this Grant Contract. In each instance where it is determined that use of a competitive procurement method is not practical, supporting documentation shall include a written justification for such decision and non-competitive procurement. Further, and notwithstanding the foregoing, if such reimbursement is to be made with funds derived wholly or partially from federal sources, the determination of cost shall be governed by and reimbursement shall be subject to the Grantee's compliance with applicable federal procurement requirements. The Grantee shall obtain prior approval from the State before purchasing any equipment under this Grant Contract.

D.18. Strict Performance. Failure by any party to this Grant Contract to insist in any one or more cases

upon the strict performance of any of the terms, covenants, conditions, or provisions of this agreement shall not be construed as a waiver or relinquishment of any such term, covenant, condition, or provision. No term or condition of this Grant Contract shall be held to be waived, modified, or deleted except by a written amendment signed by the parties hereto.

D.19. Independent Contractor. The parties hereto, in the performance of this Grant Contract, shall not

act as employees, partners, joint venturers, or associates of one another. It is expressly acknowledged by the parties hereto that such parties are independent contracting entities and that nothing in this Grant Contract shall be construed to create a principal/agent relationship or to allow either to exercise control or direction over the manner or method by which the other transacts its business affairs or provides its usual services. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever.

The Grantee, being a political subdivision of the State, is governed by the provisions of the Tennessee Government Tort Liability Act, Tennessee Code Annotated, Sections 29-20-101 et seq., for causes of action sounding in tort. Further, no contract provision requiring a Tennessee political entity to indemnify or hold harmless the State beyond the liability imposed by law is enforceable because it appropriates public money and nullifies governmental immunity without the authorization of the General Assembly.

D.20. State Liability. The State shall have no liability except as specifically provided in this Grant

Contract. D.21. Force Majeure. The obligations of the parties to this Grant Contract are subject to prevention by

causes beyond the parties’ control that could not be avoided by the exercise of due care including, but not limited to, natural disasters, riots, wars, epidemics, or any other similar cause.

DRAFT7‐1‐11 GG

8

D.22. State and Federal Compliance. The Grantee shall comply with all applicable state and federal laws and regulations in the performance of this Grant Contract.

D.23. Governing Law. This Grant Contract shall be governed by and construed in accordance with the

laws of the State of Tennessee. The Grantee agrees that it will be subject to the exclusive jurisdiction of the courts of the State of Tennessee in actions that may arise under this Grant Contract. The Grantee acknowledges and agrees that any rights or claims against the State of Tennessee or its employees hereunder, and any remedies arising there from, shall be subject to and limited to those rights and remedies, if any, available under Tennessee Code Annotated, Sections 9-8-101 through 9-8-407.

D.24. Completeness. This Grant Contract is complete and contains the entire understanding between

the parties relating to the subject matter contained herein, including all the terms and conditions of the parties’ agreement. This Grant Contract supersedes any and all prior understandings, representations, negotiations, and agreements between the parties relating hereto, whether written or oral.

D.25. Severability. If any terms and conditions of this Grant Contract are held to be invalid or

unenforceable as a matter of law, the other terms and conditions hereof shall not be affected thereby and shall remain in full force and effect. To this end, the terms and conditions of this Grant Contract are declared severable.

D.26. Headings. Section headings are for reference purposes only and shall not be construed as part

of this Grant Contract. E. SPECIAL TERMS AND CONDITIONS: E.1. Conflicting Terms and Conditions. Should any of these special terms and conditions conflict with

any other terms and conditions of this Grant Contract, these special terms and conditions shall control.

E.2. Communications and Contacts. All instructions, notices, consents, demands, or other

communications required or contemplated by this Grant Contract shall be in writing and shall be made by certified, first class mail, return receipt requested and postage prepaid, by overnight courier service with an asset tracking system, or by EMAIL or facsimile transmission with recipient confirmation. Any such communications, regardless of method of transmission, shall be addressed to the respective party at the appropriate mailing address, facsimile number, or EMAIL address as set forth below or to that of such other party or address, as may be hereafter specified by written notice.

The State:

Ms. Judith Huff Ms. Donna E. Holden

State Hazard Mitigation Officer Hazard Mitigation Financial Coordinator 3041 Sidco Drive 3041 Sidco Drive Nashville, TN 37204 Nashville, TN 37204 [email protected] [email protected] Telephone #: (615) 741-1345 Telephone #: (615) 532-9221

FAX #: (615) 242-4770 FAX #: (615) 242-4770

The Grantee: Alternate Point of Contact: Senna Mosley, Mayor Katie Kline, Project Engineer City of LaVergne Stormwater Department 5093 Murfreesboro Road City of LaVergne LaVergne, TN 37086 5175 Murfreesboro Road

DRAFT7‐1‐11 GG

9

[email protected] LaVergne, TN 37086 Telephone #: (615) 793-6295 [email protected] FAX #: (615) 793-6025 Telephone #: (615) 287-8658 FAX #: (615) 213-8692

All instructions, notices, consents, demands, or other communications shall be considered effectively given upon receipt or recipient confirmation as may be required.

E.3. Subject to Funds Availability. The Grant Contract is subject to the appropriation and availability of

State and/or Federal funds. In the event that the funds are not appropriated or are otherwise unavailable, the State reserves the right to terminate the Grant Contract upon written notice to the Grantee. Said termination shall not be deemed a breach of contract by the State. Upon receipt of the written notice, the Grantee shall cease all work associated with the Grant Contract. Should such an event occur, the Grantee shall be entitled to compensation for all satisfactory and authorized services completed as of the termination date. Upon such termination, the Grantee shall have no right to recover from the State any actual, general, special, incidental, consequential, or any other damages whatsoever of any description or amount.

E.4. Charges to Service Recipients Prohibited. The Grantee shall not collect any amount in the form

of fees or reimbursements from the recipients of any service provided pursuant to this Grant Contract.

E.5. No Equipment Acquisition. This Grant Contract does not involve the acquisition and disposition

of equipment acquired with funds provided under this Grant Contract. E.6. Confidentiality of Records. Strict standards of confidentiality of records and information shall be

maintained in accordance with applicable state and federal law. All material and information, regardless of form, medium or method of communication, provided to the Grantee by the State or acquired by the Grantee on behalf of the State shall be regarded as confidential information in accordance with the provisions of applicable state and federal law, state and federal rules and regulations, departmental policy, and ethical standards. Such confidential information shall not be disclosed, and all necessary steps shall be taken by the Grantee to safeguard the confidentiality of such material or information in conformance with applicable state and federal law, state and federal rules and regulations, departmental policy, and ethical standards.

The Grantee’s obligations under this section do not apply to information in the public domain; entering the public domain but not from a breach by the Grantee of this Grant Contract; previously possessed by the Grantee without written obligations to the State to protect it; acquired by the Grantee without written restrictions against disclosure from a third party which, to the Grantee’s knowledge, is free to disclose the information; independently developed by the Grantee without the use of the State’s information; or, disclosed by the State to others without restrictions against disclosure. Nothing in this paragraph shall permit Grantee to disclose any information that is confidential under federal or state law or regulations, regardless of whether it has been disclosed or made available to the Grantee due to intentional or negligent actions or inactions of agents of the State or third parties.

It is expressly understood and agreed the obligations set forth in this section shall survive the termination of this Grant Contract.

E.7. Certification Regarding Drug-Free Workplace Requirements. This certification is required by the

regulations implementing the Drug-Free Workplace Act of 1988, 44 CFR Part 17, Subpart F. The regulations, published in the January 31, 1989 Federal Register, require certification by grantees, prior to award, that they will maintain a drug-free workplace. The certification set out below is a material representation of fact upon which reliance will be placed when the agency determines to award the grant. False certification or violation of the certification shall be grounds for suspension

DRAFT7‐1‐11 GG

10

of payments, suspension or termination of grants, or government-wide suspension or debarment, (See 44 CFR Part 13, Subpart C 13.300 and Subpart D 13.400).

The grantee certifies that it will provide a drug-free workplace by:

a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;

b. Establishing a drug-free awareness program to inform employees about:

(1) The dangers of drug abuse in the workplace; (2) The grantee’s policy of maintaining a drug-free workplace;

(3) Any available drug counseling, rehabilitation, and employee assistance programs; and

(4) The penalties that may be imposed upon employees for drug abuse violations in the workplace;

c. Making it a requirement that each employee to be engaged in the performance of the

grant be given a copy of the statement required by paragraph (E.7.a.);

d. Notifying the employee in the statement required by paragraph (E.7.a.) that, as a condition of employment under the grant, the employee will:

(1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation

occurring in the workplace no later than five days after such conviction;

e. Notifying the agency within ten days after receiving notice under subparagraph [E.7.d.(2)], from an employee or otherwise receiving actual notice of such conviction;

f. Taking one of the following actions, within 30 days of receiving notice under

subparagraph [E.7.d.(2)], with respect to any employee who is convicted. (1) Taking appropriate personnel action against such an employee, up to and

including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance

or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;

g. Making a good faith effort to continue to maintain a drug-free workplace through

implementation of paragraphs (E.7.a.), (E.7.b.), (E.7.c.), (E.7.d.), (E.7.e.), (E.7.f.), and (E.7.g.).

E.8. Compliance With Title VI of the Civil Rights Act of 1964. The Grantee agrees to comply with the

provisions contained in Title VI of the 1964 Civil Rights Act (42 U.S.C. 2000d), and any federal regulations specific to the funding of this grant. The Grantee further agrees to complete and return a self-compliance report as provided by the Grantor.

E.9. Environmental Tobacco Smoke. Pursuant to the provisions of the federal “Pro-Children Act of

1994” and the Tennessee “Children’s Act for Clean Indoor Air of 1995,” the Grantee shall prohibit smoking of tobacco products within any indoor premises in which services are provided to individuals under the age of eighteen (18) years. The Grantee shall post “no smoking” signs in appropriate, permanent sites within such premises. This prohibition shall be applicable during all hours, not just the hours in which children are present. Violators of the prohibition may be subject to civil penalties and fines. This prohibition shall apply to and be made part of any subcontract related to this Grant Contract.

DRAFT7‐1‐11 GG

11

E.10. Grantee Participation. Grantee Participation amounts detailed in the Grant Budget are intended as a goal for the total project, and the amount of actual Grantee Participation expenditures will not impact the maximum amounts reimbursable to the Grantee as detailed by the Grant Budget column, “Grant Contract.”

E.11. Federal Funding Accountability and Transparency Act (FFATA). This Grant requires the Grantee

to provide supplies and/or services that are funded in whole or in part by federal funds that are subject to FFATA. The Grantee is responsible for ensuring that all applicable requirements, including but not limited to those set forth herein, of FFATA are met and that the Grantee provides information to the State as required.

The Grantee shall comply with the following:

a. Reporting of Total Compensation of the Grantee’s Executives.

(1) The Grantee shall report the names and total compensation of each of its five

most highly compensated executives for the Grantee’s preceding completed fiscal year, if in the Grantee’s preceding fiscal year it received: i. 80 percent or more of the Grantee’s annual gross revenues from Federal

procurement contracts and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and

ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and

iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.).

Executive means officers, managing partners, or any other employees in management positions.

(2) Total compensation means the cash and noncash dollar value earned by the executive during the Grantee’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the

dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

v. Above-market earnings on deferred compensation which is not tax qualified.

vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life

DRAFT7‐1‐11 GG

12

insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

b. The Grantee must report executive total compensation described above to the State by

the end of the month during which this Grant is awarded. c. If this Grant is amended to extend its term, the Grantee must submit an executive total

compensation report to the State by the end of the month in which the amendment to this Grant becomes effective.

d. The Grantee will obtain a Data Universal Numbering System (DUNS) number and

maintain its DUNS number for the term of this Grant. More information about obtaining a DUNS Number can be found at: http://fedgov.dnb.com/webform/

The Grantee’s failure to comply with the above requirements is a material breach of this Grant for which the State may terminate this Grant for cause. The State will not be obligated to pay any outstanding invoice received from the Grantee unless and until the Grantee is in full compliance with the above requirements. IN WITNESS WHEREOF,

CITY OF LAVERGNE:

GRANTEE SIGNATURE DATE

SENNA MOSLEY, MAYOR PRINTED NAME AND TITLE OF GRANTEE SIGNATORY (above)

DEPARTMENT OF MILITARY, TENNESSEE EMERGENCY MANAGEMENT AGENCY:

TERRY M. HASTON, MAJOR GENERAL, THE ADJUTANT GENERAL DATE I Certify that this Entity Meets Civil Rights Title VI Compliance ______________________________ Signature ______________________________ Date Reviewed by Department of Military Civil Rights Title VI Officer

DRAFT7‐1‐11 GG

ATTACHMENT 1

Page 1

GRANT BUDGET

GRANTEE NAME: CITY OF LAVERGNE HAZARD MITIGATION GRANT PROGRAM FEMA ID #1909-0018, TID 0261 The grant budget line-item amounts below shall be applicable only to expense incurred during the following Applicable Period: BEGIN: 08/24/2011 END: 08/23/2014

POLICY 03 Object Line-item Reference

EXPENSE OBJECT LINE-ITEM CATEGORY 1 GRANT CONTRACT

GRANTEE PARTICIPATION TOTAL PROJECT

1. 2 Salaries, Benefits & Taxes 0.00 0.00 0.00

4, 15 Professional Fee, Grant & Award 2 113,881.50 16,268.50 130,150.00

5, 6, 7, 8, 9, 10

Supplies, Telephone, Postage & Shipping, Occupancy, Equipment Rental & Maintenance, Printing & Publications 0.00 0.00 0.00

11. 12 Travel, Conferences & Meetings 0.00 0.00 0.00

13 Interest 2 0.00 0.00 0.00

14 Insurance 0.00 0.00 0.00

16 Specific Assistance To Individuals 0.00 0.00 0.00

17 Depreciation 2 0.00 0.00 0.00

18 Other Non-Personnel 2 0.00 0.00 0.00

20 Capital Purchase 2 0.00 0.00 0.00

22 Indirect Cost 0.00 0.00 0.00

24 In-Kind Expense 0.00 0.00 0.00

25 GRAND TOTAL 113,881.50 16,268.50 130,150.00

1 Each expense object line-item shall be defined by the Department of Finance and Administration Policy 03, Uniform Reporting Requirements and Cost Allocation Plans for Subrecipients of Federal and State Grant Monies, Appendix A. (posted on the Internet at: http://www.state.tn.us/finance/act/documents/policy3.pdf).

2 Applicable detail follows this page if line-item is funded.

DRAFT7‐1‐11 GG

ATTACHMENT 1

Page 2

GRANT BUDGET LINE-ITEM DETAIL:

PROFESSIONAL FEE, GRANT & AWARD AMOUNT

Appraisal Cost 1,312.50

Acquisition 79,012.50

Closing Cost/ Legal Fees 744.00

Comparable Housing 19,687.50

Demolition 13,125.00

TOTAL 113,881.50

DRAFTATTACHMENT 2

DRAFTATTACHMENT 2

DRAFTSeptember 26, 2011 Dear Ricky: Thank you so much for your submittal to the Firehouse Subs Public Safety Foundation for a Polaris ranger with accessories (hitch, pre-runner kit, trailer, landscaping cage). We are pleased to announce that the Foundation would like to grant your department the requested equipment valued at $16,813.97. The Firehouse Subs Public Safety Foundation provides emergency services with life-saving equipment, prevention education, natural disaster preparedness and financial resources to individuals pursuing a career in the public safety sector. The procedure for donation is very simple.

• We will purchase the equipment directly from your preferred vendor. • The vendor will send the equipment to your department. • Upon delivery, you will send a signed copy of the packing slip to us. • From our end, we’ll verify receipt of the equipment with the signed packing slip

and pay the invoice. • Once the equipment is in use, we’d like to do a media presentation to

demonstrate the equipment and acknowledge the donation. We are very excited about being able to provide this service to your department and ultimately improve the life-saving capabilities of The City of La Vergne Special Operations. We’ll be in touch as we go through this process. Warmest Regards,

Robin Peters and Meghan Bender Firehouse Subs Public Safety Foundation The Heart of Firehouse Subs Firehouse of America, LLC 3400-8 Kori Road Jacksonville, FL 32257 (904) 886-8300 [email protected] The Firehouse Subs Public Safety Foundation is dedicated to improving the life-saving capabilities of first responders in communities served by Firehouse Subs by providing funding, resources and support.

DRAFT

DRAFT

DRAFTLa Vergne City Hall Phone: 615-287-8634 5093 Murfreesboro Road FAX: 615-793-6025 La Vergne, TN 37086 E-Mail: [email protected]

City of La Vergne

Memo To: Board of Mayor / Aldermen

From: Bruce E. Richardson

Date: September 29, 2011

Re: Board of Zoning Appeals

Current Members:

Name Appointed: Term Expires: Robert Karger - Chairman February 2011 January 31, 2013 Douglas Stanphill - Vice-Chairman February 2011 January 31, 2015 Graeme Coates November 2007; February 2011 January 31, 2012 Nathan Phillips February 2011 January 31, 2014 Vacant January 31, 2012

This is the vacant position from the removal last month of Mr. Russell. We have been advertising this on channel 3 and we have two applications. The application from Mr. Pollock was submitted several months ago and the application from Mr. Mitchell was submitted today. Current Applicants:

• Craig Pollock • Christopher Mitchell

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT


AN ORDINANCE TO AMEND THE 2010-2011 FISCAL YEAR GENERAL FUND BUDGET. BE IT ORDAINED By the Board of Mayor and Aldermen of the City of La Vergne as follows: The 2010-2011 Budget is hereby amended for the General Fund by providing for: Decreased Expenditures for account numbers:

42100-124 Police - Wages $ 20,00042100-260 Police - Repair & Maint Service $ 3,00042100-261 Police - Repair & Maint Vehicle $ 10,00042100-266 Police - Repair & Maint Bldg. $ 7,00042200-722 Fire Protection Contract $ 10,000 Total Decreased Expenditures $ 50,000

Increased Expenditures for account number:

49000-646 Debt Service - Interest $ 50,000 THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER THE DATE OF FINAL PASSAGE, THE PUBLIC WELFARE REQUIRING IT.


DRAFT

Page 1 of 7

Ordinance #2011-29

AN ORDINANCE TO AMEND TITLE 7 OF THE LA VERGNE MUNICIPAL CODE BY ADDING FIREWORKS REGULATIONS. BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF LA VERGNE, TENNESSEE, that: SECTION I. Title 7 of the La Vergne Municipal Code be amended by adding a new

Chapter 7 entitled “FIREWORKS” to read as follows:

CHAPTER 7

FIREWORKS SECTION 7-701. Purpose. 7-702. Definition of terms. 7-703. Permit required. 7-704. Permit fee. 7-705. Privilege licenses required. 7-706. Permissible types of fireworks. 7-707. Conditions for sale and use permissible items. 7-708. Retail sale of permissible items--time limitations--exceptions. 7-709. Public displays--permits--regulation. 7-710. Regulations governing storing, locating or display of fireworks. 7-711. Unlawful acts in the sale, handling or private use of fireworks. 7-712. Seizure and destruction of fireworks. 7-713. Penalty for violation. 7-714. Exceptions to application. 7-715. Permissible dates and times of discharge. 7-716. Discharge on other dates. 7-717. Discharge on city property prohibited. 7-718. Compliance with applicable laws and standards required. 7-719. Removal of debris required. 7-720. Violations related to discharge. 7-701. Purpose. The purpose of this chapter is to provide an ordinance for regulation of the manufacture, sale, display and use of certain fireworks for both private and public display within the corporate limits of the City of La Vergne, Tennessee setting certain guidelines which shall provide for the general safety and welfare of the citizens thereof. 7-702. Definitions. As used in this chapter, the following terms shall have the meaning ascribed to them herein in accordance with Tennessee Code Annotated, § 68-104-101, unless clearly indicated otherwise. (1) "Distributor" means any person engaged in the business of making sales of fireworks to any other person engaged in the business of reselling fireworks either as a retailer, wholesaler, or any person who receives, brings, or imports any fireworks of any kind,

DRAFT

Page 2 of 7

in any manner into the City of La Vergne, except to a holder of a manufacturer's, distributor's or wholesaler's permit issued by the State Fire Marshal and the La Vergne City Fire Marshal. (2) "D.O.T. Class C Common/1.4G fireworks" means all articles of fireworks as are now or hereafter classified as "D.O.T. Class C Common/1.4G fireworks" in the regulations of the United States Department of Transportation for transportation of explosive and other dangerous articles. (3) "Manufacturer" means any person engaged in the making, manufacture or construction of fireworks of any kind within the City of La Vergne. (4) "Permit" means the written authority of the town manager issued under the authority of this chapter. (5) "Person" means, any individual, firm, partnership or corporation. (6) "Retailer" means any person engaged in the business of making retail sales of firework at specified times during the year as provided herein. (7) "Sale" means an exchange of articles of fireworks for money and also includes the barter, exchange, gift or offer thereof, and each such transaction made by any person, whether as principal, proprietor, salesman, agent, association, co-partnership, or one (1) or more individuals. (8) "Special fireworks" means all articles of fireworks that are classified as Class B/1.3G explosives in the regulation of the United States Department of Transportation and includes all articles other than those classified as Class C. 7-703. Permit required. Any person, corporation or business entity desiring to sell fireworks as defined in Tennessee Code Annotated, § 68-104-108 shall first secure and obtain any and all necessary permits and comply with any and all rules and regulations set forth in Tennessee Code Annotated, § 68-104-101 and all following code sections pertaining to fireworks thereinafter stated including all provisions through Tennessee Code Annotated,§ 68-104-116 to the extent the same are not in conflict with the further provisions of this chapter. 7-704. Permit fee. The fee for the permit provided for in § 7-703 of this chapter shall be established by the La Vergne Zoning Ordinance Article VIII, Section 8.040, and the permit shall be valid for the duration as defined in the La Vergne Zoning Ordinance Article IV, Section 4.030, Paragraph F. 7-705. Privilege licenses required. The issuance of permits provided for herein shall not replace or relieve any person of state, county or municipal privilege licenses as now or hereafter provided by law. Permittees shall comply with the City of La Vergne Fireworks Permit requirements on file with the fire marshal. 7-706. Permissible types of fireworks. It is unlawful for any individual, firm, partnership or corporation to possess, sell or use within the City of La Vergne, or ship into the City of La Vergne, except as provided in this chapter, any pyrotechnics commonly known as "fireworks" other than the following permissible items: (1) Those items now or hereafter classified as D.O.T. Class 5 Common/1.4G fireworks; or (2) Those items that comply with the construction, chemical composition and labeling regulations promulgated by the United States Consumer Product Safety Commission and permitted for use by the general public under its regulations.

DRAFT

Page 3 of 7

7-707. Conditions for sale and use permissible items. No permissible articles of common fireworks, shall be sold, offered for sale, or possessed within the City of La Vergne, or used within the town, unless it is properly named and labeled to conform to the nomenclature of allowed fireworks and unless it is certified an "common fireworks" on all shipping cases and by imprinting on the article or retail container "D.O.T. Class C Common/1.4G fireworks," such imprint to be of sufficient size and so positioned as to be readily recognized by law enforcement authorities and the general public. The fire marshal of the State of Tennessee regulations relative to the possession and sale of fireworks, their storage and safety requirements, are here and now incorporated by reference herein, together with the National Fire Protection Association (NFPA 1123 and 1126), and the International Fire Code, all in full force and effect within the city. 7-708. Retail sale of permissible items - time limitations - exceptions. Permissible articles of fireworks may be sold at retail to residents of the City of La Vergne and used within the City of La Vergne from June 20th through July 5th, and December 20th through January 2nd of each year only, except that "fireworks" does not include toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five one-hundredths (25/100) grains or less of explosive compounds are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for exploding, and toy paper pistol caps which contain less than twenty-five one-hundredths (25/100) grains of explosive compounds, cone, bottle, tube, and other type serpentine pop-off novelties, model rockets, wire sparklers, containing not over one hundred (100) grams of composition per item (sparklers containing chlorate or perchlorate sales may not exceed five (5) grams of composition per item), emergency flares, matches, trick matches, and cigarette loads, the sale and use of which shall be permitted at all times. 7-709. Public displays - permits - regulation. Nothing in this chapter shall be construed as applying to the shipping, sale, possession, and use of fireworks for public displays by holders of a permit for a public display to be conducted in accordance with the rules and regulations promulgated by the State Fire Marshal. Such items of fireworks which are to be used for public display only and which are otherwise prohibited for sale and use within the City of La Vergne shall include display shells designed to be fired from mortars and display set pieces of fireworks classed by the regulation of the United States Department of Transportation as "Class B Special/1.3G fireworks" and shall not include such items of commercial fireworks as cherry bombs, tubular salutes, repeating bombs, aerial bombs and torpedoes. Public displays shall be performed only under competent supervision, and after the persons or organizations making such displays shall have received written approval from the fire marshal, police chief, and the city administrator, or their designees, and applied for and received a permit for such displays issued by the state fire marshal. Applicants for permits for such public displays shall be made in writing and shall show that the proposed display is to be so located and supervised that it is not hazardous to property and that it shall not endanger human lives. Possession of special fireworks for re-sale to holders of a permit for public fireworks displays shall be confined to holders of a distributors permit only. 7-710. Regulations governing storing, locating or display of fireworks. (1) Placing, storing, locating or displaying fireworks in any window where the sun may shine through glass onto the fireworks so displayed or to permit the presence of lighted cigars, cigarettes, or pipes within one hundred (100) feet of where the fireworks are offered for sale is hereby declared unlawful and prohibited. At all places where fireworks are stored or sold,

DRAFT

Page 4 of 7

there must be posted signs with the words "fireworks--no smoking" in letters not less than four (4) inches high. No fireworks shall be sold at retail at any location where paints, oils or vanishes are for sale or use, unless such paints, oils or varnishes are kept in their original consumer containers, nor where resin, turpentine, gasoline or any other flammable substance is stored or sold, if the storage creates an undue hazard to any person or property. (2) All firework devices that are readily accessible to handling by consumers or purchaser, must have their fuses protected in such a manner as to protect against accidental ignition of an item by spark, cigarette ash or other ignition source. Safety-type thread-wrapped and coated fuses shall be exempt from this provision. (3) All firework devices sold under a duly issued permit must be located not less than three hundred (300) feet from any gasoline dispensing pump. (4) As permits are temporary for a period not to exceed thirty (30) days, the permit shall state any sales site must be at all times free from litter and debris, including the termination date of authorized selling periods. Violation of this provision, for which citation may issue, may give cause to refuse issuance of another permit for a period not to exceed three (3) years. 7-711. Unlawful acts in the sale, handling or private use of fireworks. (1) It is unlawful to:

(a) Offer for retail sale or to sell any fireworks to children under the age of sixteen (16) years or to any intoxicated or irresponsible person. Sales to minors shall be made in accordance with the state law; (b) Explode or ignite fireworks within six hundred (600) feet of any church, hospital, asylum, public school or within five hundred (500) feet of where fireworks are stored, sold or offered for sale, or within five hundred (500) feet of a gasoline retailer or wholesale storage facility; (c) Ignite or discharge any permissible articles of fireworks within or throw the same from a motor vehicle while within, nor shall any person place or throw any ignited article of fireworks into or at such a motor vehicle, or at or near any person or group of people.

(2) All items of fireworks which exceed the limits of D.O.T. Class C Common/1.4G fireworks as to explosive composition, such items being commonly referred to as "illegal ground salutes" designed to produce an audible effect, are expressly prohibited from shipment into, manufacture, possession, sale or use within the City of La Vergne for any purpose. This subsection shall not effect display fireworks authorized by this chapter. (3) Fail to comply with the city's zoning ordinance relative to minimum front building line set back requirements set forth in the city's zoning ordinance. 7-712. Seizure and destruction of fireworks. (1) The La Vergne City Administrator, or designee, may seize as contraband any fireworks other than "Class C common fireworks'' or "special fireworks" for public displays, which are sold, displayed, used or purchased in violation of this chapter. (2) Before any seized fireworks may be destroyed:

(a) If the owner of such seized fireworks is known, the city administrator shall give notice by registered mail or personal service to such owner, of the fire marshal’s intention to destroy such seized materials. Such notice shall inform the owner of the owner's right to a hearing. Upon the request of the owner, the city administrator shall conduct an appropriate contested case hearing concerning such

DRAFT

Page 5 of 7

destruction of fireworks in accordance with the Uniform Administrative Procedures Act, compiled in Tennessee Code Annotated, title 4, chapter 5. (b) If the identity of the owner of any seized fireworks is not known to the city administrator, the city administrator shall cause to be published, in a newspaper of general circulation in the county wherein the seizure was made, notice of such seizure, and of the fire marshal’s intention to destroy such fireworks. The notice shall be published once each week for three (3) consecutive weeks and if no person claims ownership of the fireworks within ten (10) days of the date of the last publication, the fire marshal may proceed to destroy the fireworks. If the owner does claim the fireworks within the time specified, a hearing as set out in this subsection shall be held.

7-713. Penalty for violation. Any individual, firm, partnership or corporation that violates any provision of this chapter, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding state authorized maximum limits. In addition, the City of La Vergne may refuse to issue another permit to the holder of a permit so convicted for a period not to exceed three (3) years. 7-714. Exceptions to application. Nothing in this chapter shall be construed as applying to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation or of illuminating devices for photographic use, nor as applying to the military or naval forces of the United States, of the State of Tennessee or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonial, theatrical, or athletic events, nor as applying to the transportation, sale or use of fireworks solely for agricultural purposes, providing the purchaser first secures a written permit to purchase and use fireworks for agricultural purposes only from the state fire marshal, and after approval of the county agricultural agent of the county in which the fireworks are to be used and the fireworks must at all times be kept in possession of the farmer to whom the permit is issued. Such permits and fireworks shall not be transferable. Items sold for agricultural purposes shall be limited to those items that are legal for retail sale and use within the City of La Vergne. 7-715. Permissible dates and times of discharge. The discharge of common fireworks within the corporate limits of the City of La Vergne shall be restricted to the following dates and times:

June 21 through July 7 9:00 A.M. until 10:00 P.M. December 19 through January 3 9:00 A.M. until 10:00 P.M.

Notwithstanding the foregoing, the dates of July 4 and December 31 of each year, the discharge of common fireworks will be restricted to the hours of 9:00 A.M. and 1:00 A.M. 7-716. Discharge on other dates and times prohibited; special permits. (1) The discharge of all common fireworks within the corporate limits of the City of La Vergne on times and dates not authorized by this chapter are strictly prohibited. (2) Requests for special permits to discharge common fireworks within the corporate limits of the City of La Vergne during times and dates not authorized by this chapter may be submitted for consideration to the fire marshal. All requests must be submitted no less than 5 days prior to the scheduled event. The special authorization required shall be reviewed based upon, but not limited to, the following criteria:

DRAFT

Page 6 of 7

(a) The risk to public health and safety; (b) Any financial obligations incurred by the city to provide adequate protection from possible hazards; (c) The location of the event; (d) Any possible disturbance of the peace violations in the City of La Vergne; (e) Whether the display will serve the common good of the citizens of the City of La Vergne. (f) There are no more than two requests from each residential address in La Vergne within a one year time frame.

(3) Any and all requests which fail to serve the general good of the community may be denied at the discretion of the city administrator based upon recommendations from the fire marshal. 7-717. Discharge on city property prohibited. No fireworks shall be discharged or carried onto property of the City of La Vergne, including, without limitation, any or all of the city's public parks; provided, however, that the provisions of this section shall not apply to events sponsored by the City of La Vergne. 7-718. Compliance with applicable law and standards required. Any and all discharges of fireworks within the corporate limits of the City of La Vergne must comply with Tennessee Code Annotated, § 68-104-211, and NFPA 1123, and the most recently adopted version of the International Fire Code by the City of La Vergne. 7-719. Removal of debris required. Any parties or individuals who discharge fireworks within the corporate limits of the City of La Vergne either for public display or personal use must clear any debris from public roadways or rights of way after the discharge of the fireworks. If any such debris is not removed, such parties or individuals may be cited under § 16-107 of the La Vergne Municipal Code and/or Tennessee Code Annotated, § 39-14-502. 7-720. Violations related to discharge. It shall be unlawful and a misdemeanor for any person to ignite, discharge, use or explode any common fireworks within the corporate limits of the City of La Vergne except in accordance with the provisions of this chapter. Each day a violation is allowed to continue shall constitute a separate offense. SECTION II. Each section, subsection, paragraph, sentence and clause of this




DRAFT

Page 7 of 7



DRAFT

Page 1 of 6

RESOLUTION #2011-22 A RESOLUTION TO ADOPT A DEBT POLICY AS REQUIRED BY THE TENNESSEE STATE FUNDING BOARD. WHEREAS, the Tennessee State Funding Board has approved regulations requiring that local governments adopt a debt management policy by January 1, 2012, if the city expects to issue debt in the future, and; WHEREAS, This requirement encourages municipalities to plan capital purchases and to consider a debt strategy in the larger context of what types of debt may be incurred, ways debt may be paid, how finance professionals in a debt issuance are selected and compensated, and under what circumstances debt is to be considered, and; WHEREAS, the City of La Vergne wishes to comply with these requirements, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF LA VERGNE, that the City hereby adopts the following Debt Policy:

City of La Vergne, Tennessee Debt Policy The purpose of this debt policy is to establish a set of parameters by which debt obligations will be undertaken by the City of La Vergne, Tennessee. This policy reinforces the commitment of the City and its officials to manage the financial affairs of the City so as to minimize risks, avoid conflicts of interest and ensure transparency while still meeting the capital needs of the City. A debt management policy signals to the public and the rating agencies that the City is using a disciplined and defined approach to financing capital needs and fulfills the requirements of the State of Tennessee regarding the adoption of a debt management policy. The goal of this policy is to assist decision makers in planning, issuing and managing debt obligations by providing clear direction as to the steps, substance and outcomes desired. In addition, greater stability over the long-term will be generated by the use of consistent guidelines in issuing debt. Definition of Debt: All obligations of the City to repay, with or without interest, in installments and/or at a later date, some amount of money utilized for the purchase, construction, or operation of City resources. This includes but is not limited to notes, bond issues, capital leases, and loans of any type (whether from an outside source such as a bank or from another internal fund). Approval of Debt: Bond anticipation notes, capital outlay notes, grant anticipation notes, and tax and revenue anticipation notes will be submitted to the State of Tennessee Comptroller’s Office and the Board of Mayor and Aldermen prior to issuance or entering into the obligation. A plan for refunding debt issues will also be submitted to the

DRAFT

Page 2 of 6

Comptroller’s Office prior to issuance. Capital or equipment leases may be entered into by the Board of Mayor and Aldermen; however, details on the lease agreement will be forwarded to the Comptroller’s Office on the specified form within 45 days. Transparency:

• The City shall comply with legal requirements for notice and for public meetings related to debt issuance.

• All notices shall be posted in the customary and required posting locations, including as required local newspapers, bulletin boards, and websites.

• All costs (including principal, interest, issuance, continuing, and one-time) shall be clearly presented and disclosed to the citizens, Board of Mayor and Aldermen, and other stakeholders in a timely manner.

• The terms and life of each debt issue shall be clearly presented and disclosed to the citizens/members, Board of Mayor and Aldermen, and other stakeholders in a timely manner.

• A debt service schedule outlining the rate of retirement for the principal amount shall be clearly presented and disclosed to the citizens/members, Board of Mayor and Aldermen, and other stakeholders in a timely manner.

Role of Debt:

• Long-term debt shall not be used to finance current operations. Long-term debt may be used for capital purchases or construction identified through the capital improvement, regional development, transportation, or master process or plan. Short-term debt may be used for certain projects and equipment financing as well as for operational borrowing; however, the City will minimize the use of short-term cash flow borrowings by maintaining adequate working capital and close budget management.

• In accordance with Generally Accepted Accounting Principles and state law, 1. The maturity of the underlying debt will not be more than the useful life of

the assets purchased or built with the debt, not to exceed 30 years; however, an exception may be made with respect to federally sponsored loans, provided such an exception is consistent with law and accepted practices.

2. Debt issued for operating expenses must be repaid within the same fiscal year of issuance or incurrence.

Types and Limits of Debt: • The City will seek to limit total outstanding debt obligations to five percent (5%) of

assessments, per capita amount, etc., excluding overlapping debt, enterprise debt, and revenue debt.

• The limitation on total outstanding debt must be reviewed prior to the issuance of any new debt.

• The City’s total outstanding debt obligation will be monitored and reported to the Board of Mayor and Aldermen by the Finance Director. The Finance Director shall

DRAFT

Page 3 of 6

monitor the maturities and terms and conditions of all obligations to ensure compliance. The Finance Director shall also report to the Board of Mayor and Aldermen any matter that adversely affects the credit or financial integrity of the City.

• The City is authorized to issue General Obligation bonds, Revenue bonds, TIFs, loans, notes and other debt allowed by law.

• The City will seek to structure debt with level or declining debt service payments over the life of each individual bond issue or loan.

• As a rule, the City will not backload, use “wrap-around” techniques, balloon payments or other exotic formats to pursue the financing of projects. When refunding opportunities, natural disasters, other non-general fund revenues, or other external factors occur, the City may utilize non-level debt methods. However, the use of such methods must be thoroughly discussed in a public meeting and the Board of Mayor and Aldermen must determine such use is justified and in the best interest of the city.

• The City may use capital leases to finance short-term projects. • Bonds backed with a general obligations pledge often have lower interest rates

than revenue bonds. The City may use its General Obligation pledge with revenue bond issues when the populations served by the revenue bond projects overlap or significantly are the same as the property tax base of the City. The Board of Mayor and Aldermen and management are committed to maintaining rates and fee structures of revenue supported debt at levels that will not require a subsidy from the City’s General Fund. [This provision is necessary only if the City has a source of repayment for a revenue bond, such as a water or sewer system.]

Use of Variable Rate Debt:

• The City recognizes the value of variable rate debt obligations and that cities have greatly benefited from the use of variable rate debt in the financing of needed infrastructure and capital improvements.

• However, the City also recognizes there are inherent risks associated with the use of variable rate debt and will implement steps to mitigate these risks; including:

1. The City will annually include in its budget an interest rate assumption for any outstanding variable rate debt that takes market fluctuations affecting the rate of interest into consideration.

2. Prior to entering into any variable rate debt obligation that is backed by insurance and secured by a liquidity provider, the Board of Mayor and Aldermen shall be informed of the potential affect on rates as well as any additional costs that might be incurred should the insurance fail.

3. Prior to entering into any variable rate debt obligation that is backed by a letter of credit provider, the Board of Mayor and Aldermen shall be informed of the potential affect on rates as well as any additional costs that might be incurred should the letter of credit fail.

4. Prior to entering into any variable rate debt obligation, the Board of Mayor and Aldermen will be informed of any terms, conditions, fees, or other costs associated with the prepayment of variable rate debt obligations.

DRAFT

Page 4 of 6

5. The City shall consult with persons familiar with the arbitrage rules to determine applicability, legal responsibility, and potential consequences associated with any variable rate debt obligation.

Use of Derivatives:

• The City chooses not to use derivative or other exotic financial structures in the management of the City’s debt portfolio.

• Prior to any reversal of this provision: 1. A written management report outlining the potential benefits and

consequences of utilizing these structures must be submitted to the Board of Mayor and Aldermen; and

2. The Board of Mayor and Aldermen must adopt a specific amendment to this policy concerning the use of derivatives or interest rate agreements that complies with the State Funding Board Guidelines.

Costs of Debt:

• All costs associated with the initial issuance or incurrence of debt, management and repayment of debt (including interest, principal, and fees or charges) shall be disclosed prior to action by the Board of Mayor and Aldermen in accordance with the notice requirements stated above.

• In cases of variable interest or non-specified costs, detailed explanation of the assumptions shall be provided along with the complete estimate of total costs anticipated to be incurred as part of the debt issue.

• Costs related to the repayment of debt, including liabilities for future years, shall be provided in context of the annual budgets from which such payments will be funded(i.e. General Obligations bonds in context of the General Fund, Revenue bonds in context of the dedicated revenue stream and related expenditures, loans and notes).

Refinancing Outstanding Debt:

• The City will refund debt when it is in the best financial interest of the City to do so, and the Chief Financial Officer shall have the responsibility to analyze outstanding bond issues for refunding opportunities. The decision to refinance must be explicitly approved by the Board of Mayor and Aldermen, and all plans for current or advance refunding of debt must be in compliance with state laws and regulations.

• The Chief Financial Officer will consider the following issues when analyzing possible refunding opportunities:

1. Onerous Restrictions – Debt may be refinanced to eliminate onerous or restrictive covenants contained in existing debt documents, or to take advantage of changing financial conditions or interest rates.

2. Restructuring for Economic Purposes – The City will refund debt when it is in the best financial interest of the City to do so. Such refunding may

DRAFT

Page 5 of 6

include restructuring to meet unanticipated revenue expectations, achieve cost savings, mitigate irregular debt service payments, or to release reserve funds. Current refunding opportunities may be considered by the Chief Financial Officer if the refunding generates positive present value savings, and the Chief Financial Officer must establish a minimum present value savings threshold for any refinancing.

3. Term of Refunding Issues – The City will refund bonds within the term of the originally issued debt. However, the Chief Financial Officer may consider maturity extension, when necessary to achieve a desired outcome, provided such extension is legally permissible. The Chief Financial Officer may also consider shortening the term of the originally issued debt to realize greater savings. The remaining useful life of the financed facility and the concept of inter-generational equity should guide this decision.

4. Escrow Structuring – The City shall utilize the least costly securities available in structuring refunding escrows. Under no circumstances shall an underwriter, agent or financial advisor sell escrow securities to the City from its own account.

5. Arbitrage – The City shall consult with persons familiar with the arbitrage rules to determine applicability, legal responsibility, and potential consequences associated with any refunding.

Professional Services:

The City shall require all professionals engaged in the process of issuing debt to clearly disclose all compensation and consideration received related to services provided in the debt issuance process by both the City and the lender or conduit issuer, if any. This includes “soft” costs or compensations in lieu of direct payments.

• Counsel: The City shall enter into an engagement letter agreement with each lawyer or law firm representing the City in a debt transaction. (No engagement letter is required for any lawyer who is an employee of the City or lawyer or law firm which is under a general appointment or contract to serve as counsel to the City. The City does not need an engagement letter with counsel not representing the City, such as underwriters’ counsel.)

• Financial Advisor: (If the City chooses to hire financial advisors) The City shall enter into a written agreement with each person or firm serving as financial advisor for debt management and transactions.

o Whether in a competitive sale or negotiated sale, the financial advisor shall not be permitted to bid on, privately place or underwrite an issue for which they are or have been providing advisory services for the issuance or broker any other debt transactions for the City

• Underwriter: (If there is an underwriter) The City shall require the Underwriter to clearly identify itself in writing (e.g., in a response to a request for proposals or in promotional materials provided to an issuer) as an underwriter and not as a financial advisor from the earliest stages of its relationship with the City with respect to that issue. The Underwriter must clarify its primary role as a purchaser of securities in an arm’s-length commercial transaction and that it has financial and

DRAFT

Page 6 of 6

other interests that differ from those of the Entity. The Underwriter in a publicly offered, negotiated sale shall be required to provide pricing information both as to interest rates and to takedown per maturity to the Board of Mayor and Aldermen in advance of the pricing of the debt.

Conflicts:

• Professionals involved in a debt transaction hired or compensated by the City shall be required to disclose to the City existing client and business relationships between and among the professionals to a transaction (including but not limited to financial advisor, swap advisor, bond counsel, swap counsel, trustee, paying agent, liquidity or credit enhancement provider, underwriter, counterparty, and remarketing agent), as well as conduit issuers, sponsoring organizations and program administrators. This disclosure shall include that information reasonably sufficient to allow the City to appreciate the significance of the relationships.

• Professionals who become involved in the debt transaction as a result of a bid

submitted in a widely and publicly advertised competitive sale conducted using an industry standard, electronic bidding platform are not subject to this disclosure. No disclosure is required that would violate any rule or regulation of professional conduct.

Review of Policy: This policy shall be reviewed at least annually by the Board of Mayor and Aldermen with the approval of the annual budget. Any amendments shall be considered and approved in the same process as the initial adoption of this Policy, with opportunity for public input. Compliance: The Finance Director is responsible for ensuring compliance with this policy. (TCA References: TCA 7, Part 9 – Contracts, Leases, and Lease Purchase Agreements; TCA 9, Part 21 – Local Government Public Obligations Law) Resolved this the 4th day of October, 2011.

________________________________ Senna Mosley, Mayor

ATTEST: _____________________________________ Bruce E. Richardson, City Recorder

DRAFT

DRAFT

DRAFTRESOLUTION #2011-23

A RESOLUTION TO ACCEPT WOODSONG SUBDIVISION SECTIONS 1, 2, AND 3. WHEREAS, the City of La Vergne Planning Commission has approved the preliminary and / or final plats for Woodsong Subdivision, Sections 1, 2, and 3; and WHEREAS, the City of La Vergne Planning Commission, on September 27, 2011, made an unfavorable recommendation to the Board of Mayor and Aldermen that these subdivisions be accepted because four technical items had not been completed; and WHEREAS, the four technical items have been completed as required by the City of La Vergne; and WHEREAS, these subdivisions have been built and all public improvements have been inspected by the City of La Vergne Codes Department to ensure that they have been built according to the plans approved by the Planning Commission. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF LA VERGNE BOARD OF MAYOR AND ALDERMEN: SECTION 1. That Woodsong Subdivision, Sections 1, 2, and 3 and their

public improvements be accepted by the City of La Vergne. SECTION 2. This resolution shall take effect immediately, the public

welfare requiring it. Adopted this the 4th day of October, 2011. _____________________________________ Mayor _____________________________________ City Recorder

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFTVI

NEY

AR

D L

N

BLAIR

RD

BUFFALO DR

BU

RN

TWO

OD

DR

JOHN SAMS DR

POTT

S C

SNG

AM

AN

DA

SUSA

N C

T

LILY ANN CT

EMMA KATE CT

POTT

S C

RO

SSIN

G

CHARLES JOHNSTON DR

TUR

NIN

G L

EAF

DR

Woodsong Sections 1, 2, & 3

±0 175 350 525 70087.5

Feet

1 inch = 200 feet

Section 1Section 2Section 3


A RESOLUTION TO ACCEPT BROOKSIDE SUBDIVISION PHASE 1.

WHEREAS, the City of La Vergne Planning Commission has approved the preliminary and / or final plats for Brookside Subdivision, Phase 1; and WHEREAS, the City of La Vergne Planning Commission, on September 27, 2011, made a favorable recommendation to the Board of Mayor and Aldermen that this subdivision be accepted; and WHEREAS, this subdivision has been built and all public improvements have been inspected by the City of La Vergne Codes Department to ensure that they have been built according to the plans approved by the Planning Commission. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF LA VERGNE BOARD OF MAYOR AND ALDERMEN: SECTION 1. That Brookside Subdivision, Phase 1 and its public

improvements be accepted by the City of La Vergne. SECTION 2. This resolution shall take effect immediately, the public


DRAFT

DRAFTMOUNTAIN TOP TR

CAROTHERS RD

MACA

W

CARO

THER

S RD

WASHER DR

SHRIKE

HARRIER

CONDOR

WASH

ER DR

LN

KEST

REL CIRCLE

CT

CT

CT

± 0 160 320 480 64080Feet

Brookside Section 1


A RESOLUTION TO ACCEPT CEDAR GROVE ESTATES SECTIONS 1 AND 2. WHEREAS, the City of La Vergne Planning Commission has approved the preliminary and / or final plats for Cedar Grove Estates, Sections 1 and 2; and WHEREAS, the City of La Vergne Planning Commission, on September 27, 2011, made a favorable recommendation to the Board of Mayor and Aldermen that these subdivisions be accepted; and WHEREAS, these subdivisions have been built and all public improvements have been inspected by the City of La Vergne Codes Department to ensure that they have been built according to the plans approved by the Planning Commission. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF LA VERGNE BOARD OF MAYOR AND ALDERMEN: SECTION 1. That Cedar Grove Estates, Sections 1 and 2 and their public

improvements be accepted by the City of La Vergne. SECTION 2. This resolution shall take effect immediately, the public


DRAFT

DRAFT

DRAFTWOLVERINE TRL

JOHN HENRY DR

SANFORD RD

DU

NH

ILL

CT

WO

OD

ED

VA

LLE

Y C

T

STONEMARK TRL

DRY SPRING LN

ALMONDWOOD PL

GREYWALL CT

± 0 170 340 510 68085Feet

Cedar Grove Estates

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT Local Government Guidelines Form 1-2

February 1, 2011

Page 1 of 14

CITY OF LA VERGNE, TENNESSEE Consultant Selection Policy for Projects Funded in Whole or in Part with Funds

Provided by the Federal Highway Administration or the Tennessee Department of Transportation

AUTHORITY: 23 CFR 172.9. If any portion of this policy conflicts with applicable state or federal laws or regulations, that portion shall be considered void. The remainder of this policy shall not be affected thereby and shall remain in full force and effect. PURPOSE: To prescribe the policy of the City of La Vergne, (HEREINAFTER REFERRED TO AS the AGENCY), applicable to the retention of consultant services for architectural, engineering, and technical services for projects funded in part or in whole with funds provided by the Federal Highway Administration. APPLICATION:

A. Engineering and Design Related Services. This policy is to include all engineering and design related services described in Title 40 U.S.C. Chapter 11, Title 23 U.S.C. Section 112 (b)(2), 23 C.F.R. Part 172 and 49 C.F.R. Section 18.36(t) for projects funded in whole or in part with funds from the Federal Highway Administration through the Tennessee Department of Transportation (TDOT) or state funds through the same entity.

Broadly defined, these services include program management,

construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping or architectural related services with respect to construction projects. They may include emergency contracts.

Examples of services included within the scope of this policy are

comprehensive transportation planning, project planning, environmental studies, context sensitive solution/design services, cultural resources studies, geotechnical studies, historic studies, archeological studies, socio-economic and environmental justice analyses, inspection services, intelligent transportation system design and development, traffic control systems design and development, materials inspection and testing, value engineering, and utility analysis/design services.

B. Technical Services Technical services such as inspection of structural

steel fabrication, laboratory testing, inspection of welds on existing bridges, overhead sign inspection, underwater inspection, utility installation inspection, geotechnical sub-surface exploration/drilling and lab testing, etc., are also included in this policy.


February 1, 2011

Page 2 of 14

DEFINITIONS:

A. Project Specific Contract – A project specific contract provides for all the work associated with a specific project that is desired to be contracted with the consultant firm and requires a detailed scope of services. These contracts may provide for all work to be placed under contract at the same time depending on availability of funds. A project specific contract is the traditional type of consultant contract between the AGENCY and a consultant for the performance of a fixed scope of work related to a specific project or projects.

B. Multiphase Contract - Multiphase contracts are similar to project specific

contracts except that the work is divided into phases such as survey, environmental or design. The consultant contract is based on a general scope of work with a maximum contract ceiling. Individual phases are negotiated and the work authorized while future phases may wait until later in the contract period before completing negotiation and authorization. Multiphase contracts are helpful for complex projects where the scope of a future phase is not well defined. Multiphase contracts may be terminated at the end of a phase. A multiphase contract incorporates the work order concept for a specific project.

C. Competitive Negotiation - Competitive negotiation is the preferred

method of procurement for engineering related services. These contracts use qualifications-based selection procedures in the manner of a contract for architectural and engineering services under the “Brooks Act” provisions contained in Title 40 U.S.C. Chapter 11 (formerly 40 U.S.C. §541-544). The proposal solicitation process is by public advertisement and provides qualified in-state and out-of-state consultants a fair opportunity to be considered for award of the contract. Price is not used as a factor in the evaluation and selection phases.

D. Noncompetitive Negotiation – Noncompetitive negotiation is used to

procure engineering and design related services when it is not feasible to award the contract using competitive negotiation or small purchase procedures. Circumstances which may justify a noncompetitive negotiation include when the service is available only from a single source or there is an emergency which will not permit the time necessary to conduct competitive negotiations.

E. Small Purchase Procedures - Small purchase procedures are relatively

simple and informal procurement methods where an adequate number of qualified sources are reviewed and the total contract costs do not exceed the simplified acquisition threshold fixed in 41 U.S.C. 403(11) (currently $100,000.00). Competitive negotiation in the manner of a “Brooks Act” qualifications-based selection procedure is not required.


February 1, 2011

Page 3 of 14

F. Technical Service Procurement Procedure – A technical service

procurement procedure is used for the procurement of services as described in this policy at “APPLICATION”, Item B, Technical Services. Price quotations are obtained from qualified firms for the specified work either by public advertisement or by requests. Awards are made to the responsible firm whose proposal is most advantageous to the AGENCY with price and other relevant factors considered.

POLICY: I. CONSULTANT EVALUATION COMMITTEE

A. Establishment of a Consultant Evaluation Committee: The Agency’s legally designated selection authority shall designate the members of the Consultant Evaluation Committee (“CEC”), which shall at a minimum be composed of professional employees of the Agency capable of providing a review of the technical qualifications of the consultant to perform the job(s) in question. The legally designated selection authority must approve any change in membership of the CEC prior to advertisement and approve any substitutions. The CEC membership may vary depending on the type of service being procured.

B. Role: The CEC shall have the responsibility of submitting to the legally

designated selection authority a recommended list of qualified firms. C. Record of Proceedings: The CEC shall designate either a member or

staff person to create and maintain a record of proceedings before the CEC which shall include information submitted to the CEC for consideration, summary minutes of meetings, findings and/or recommendations to the legally designated selection authority.

II. PREQUALIFICATION

A. Tennessee Department of Transportation’s Prequalified Consultant List: Firms must be currently on TDOT’s list of prequalified consultants.

B. Expiration or termination. Expiration or termination of a consultant’s

prequalification status may be cause for AGENCY to terminate any contract with a consultant.


February 1, 2011

Page 4 of 14

III. COMPETITIVE NEGOTIATION PROCUREMENT PROCEDURE

A. Confidentiality: To the extent allowed by applicable State law, all documents relating to the evaluation and selection of consultants, and negotiations with selected consultants, shall remain confidential until selection is complete and a contract is awarded.

B. Consultant Advertisement: The Agency shall advertise for proposals

from prequalified firms by advertising through appropriate media and its internet website. Advertisement shall provide, at a minimum, the following:

1. General scope of the work. 2. Evaluation criteria. 3. Method of payment. 4. Contact information. 5. Deadline for submittals. 6. A statement that all firms must be pre-qualified or have a completed

prequalification form filed with the Tennessee Department of Transportation by the deadline.

7. Disadvantaged Business Enterprise (DBE) encouragements. The advertisement may include multiple phases of a project. For

example, the CEI consultant may not be the same as the PE/Design/ROW consultant(s), but this consultant may be selected at the same time as the consultant(s) for the other phase(s). The advertisement shall separate the scope into phases and the consultant must indicate to which portion they are responding. If a consultant responds to the construction phase along with other phases, they may not be selected for the entire project. This will be clearly indicated in the advertisement.

C. Consultant Evaluation Criteria: The evaluation criteria for proposals

shall, at a minimum, include the following:

1. Ability and relevant expertise of the firm’s personnel to be used in performing the service.

2. Past experience in the required disciplines with TDOT and/or other clients.

3. Qualification and availability of staff. 4. Demonstrated ability to meet schedules without compromising

sound engineering practice. 5. Evaluations on prior federally-funded projects, if available. 6. Size of project and limited or unlimited prequalification status. 7. Amount of work under contract with the Agency. 8. Whether the consultant can perform the work efficiently without

compromising sound engineering practice. 9. Other factors, including interviews and demonstrations, as


February 1, 2011

Page 5 of 14

approved by the Agency.

D. Sub-consultants for Engineering Services

1. A consultant who has been asked to submit a proposal shall specifically identify any sub-consultant(s) required to complete the project team. All sub-consultants identified on the submittal shall be pre-qualified by TDOT to perform the required tasks or have an application pending prior to submittal of the proposal. Failure to meet these requirements would void the submittal.

2. Once a contract has been awarded, the consultant may negotiate

directly with sub-consultants. A change in sub-consultants must be approved by the Agency. A written request must be submitted to the Agency to initiate the change. This request must include an explanation of the need to change sub-consultants and the impact on the project schedule and financial elements of the contract. The substitute sub-consultant must be pre-qualified by TDOT to perform the required tasks. After consideration of all factors of the request, the Agency will respond to the request in writing.

E. Contract Selection

1. The proposal shall contain a section wherein a firm may identify certified Disadvantaged Business Enterprises (DBEs) that the firm commits to use during the project. Although it is not a mandatory requirement that consultants submitting proposals commit to DBE participation, a good faith effort toward diversity is encouraged in the team make-up. The Agency may set DBE goals on projects involving federal funds, in which case the selected consultant must either meet the goal or show good faith efforts to meet the goal, consistent with the DBE program regulations at 49 C.F.R. 26.53.

2. Evaluation of Proposals by CEC

a) The Agency shall evaluate the proposals of firms using the evaluation criteria.

b) Separate formal interviews, if approved as an evaluation

criteria, should be structured and conducted with a specified time limit. Competing consultants may be asked to bring additional information or examples of their work to the interviews if such information will contribute to the evaluation process. Specific questions may be asked of each consultant to clarify qualifications, written proposals, or oral presentations.


February 1, 2011

Page 6 of 14

c) The CEC shall recommend to the legally designated selection authority a list of no fewer than three of the firms deemed most qualified to provide the services required.

3. Contract Selection: The legally designated selection authority shall

rank the firms in order of preference based upon the evaluation criteria. The AGENCY will negotiate with the firm(s) in rank order. All considered firms who were unsuccessful in the selection process shall be so notified.

F. Negotiation of Contract

The following shall apply to all negotiations of scope and cost for contracts, work orders, and supplemental agreements. 1. Determination of Contract Amount: Following a decision to use

consultant services, AGENCY staff shall prepare an estimate of man-days or project cost required based on:

a) Relative difficulty of the proposed assignment or project, size

of project, details required, and the period of performance, and,

b) A comparison with the experience record for similar work

performed both by AGENCY personnel and previously negotiated consultant contracts.

This estimate shall be done independently, prior to negotiation, and shall remain confidential to the extent allowed by applicable law.

2. Scope of Work Meeting with Selected Firm: The Agency will

negotiate with the selected firm. The Agency may arrange a conference with the prospective consultant at which the parties must come to a mutual understanding of the scope of work and all technical and administrative requirements of the proposed undertaking. In lieu of a conference, this may be done by phone or correspondence. The prospective consulting firm may be represented as it wishes; however, a project manager and accounting representative are recommended.

3. Cost Proposal: The prospective consulting firm will be invited to

submit a cost proposal for the project. This cost proposal is to be broken down by the various items of work as requested and supported by estimated labor requirements. Instructions shall be given regarding the method of compensation and the documentation needed to justify the proposed compensation.


February 1, 2011

Page 7 of 14

In evaluating the consultant’s cost proposal(s), the Agency shall

judge the reasonableness of the proposed compensation and anticipated labor and equipment requirements by the following and other appropriate considerations.

a) The proposed compensation should be comparable to that of

other projects of similar nature and complexity, including as applicable salaries and man-hours to accomplish the work, and allocation of labor within the man-hour estimates.

b) The Agency, as deemed appropriate, will assess the fairness

of the proposed fee. c) The proposed compensation shall be studied for

reasonableness and to assure sufficient compensation to cover the professional quality of the work items desired.

4. Contract Negotiations: If the consultant’s first cost proposal is

rejected by THE AGENCY, the negotiating parties shall hold a second conference to discuss those points of the cost proposal which are considered unsatisfactory. The consultant shall submit a second cost proposal based upon this second conference. If THE AGENCY rejects the consultant’s second cost proposal, negotiations shall cease and commence with the second most qualified firm. If like negotiations are unsuccessful with the second most qualified firm, THE AGENCY will undertake negotiations with the third most qualified firm and others on the selected list in sequential order. With the concurrence of the legally designated selection authority, the AGENCY may, at any time, in lieu of continuing negotiations, elect to redefine the scope of the project and invite another group of consultants to submit proposals pursuant to “POLICY”, Section III, Competitive Negotiation Procurement Procedure.

G. Contract Development and Execution:

1. In the event the parties reach agreement, the Legally Designated Selection Authority shall approve the preparation of a contract.

2. The contract will include a clause requiring the consultant to

perform such additional work as may be necessary to correct errors in the work required under the contract without undue delays and without additional cost to the AGENCY.

3. If the consultant contract includes a DBE goal, the consultant shall


February 1, 2011

Page 8 of 14

report at least quarterly all amounts paid to any DBE sub-consultants.

4. Method of Payment: The preferred method of contract is Cost Plus

Fixed Fee (CPFF). Cost accounting records must be maintained. In accordance with 23CFR 172.5(c), the cost plus a percentage of cost and percentage of construction cost methods of compensation shall not be used.

5. The Agency shall maintain a record of the negotiations and all

required approvals. 6. Prior to approval of the contract, the AGENCY must have on file a

contract specific Certificate of Insurance for the consultant. It shall confirm that the firm has professional liability insurance for errors and omissions in the amount of $1,000,000, as a minimum, and the policy shall be maintained for the life of the contract.

H. Monitoring of Active Projects:

1. After the contract has been approved, a work order issued, and productive work on the consultant’s assignment has begun, representatives of the AGENCY shall periodically review and document the consultant’s progress. Said monitoring reviews shall be directed toward assurance that the consultant’s assignment is being performed as specified in the agreement, that an adequate staff has been assigned to the work that project development is commensurate with project billings, and that work does not deviate from the contracted assignment.

2. An employee of THE AGENCY shall be responsible for each

contract or project. Annually and/or at project close, the assigned employee will prepare a performance evaluation report covering such items as timely completion of work, conformance with contract cost, quality of work, and whether the consultant performed the work efficiently. A copy of this report will be furnished to the firm for its review and comments upon request.

I. Supplemental Agreements:

1. No contract may be supplemented to add work outside the scope of the project or the general scope of services the consultant was initially evaluated to perform. For example, a roadway design contract may be supplemented to add work related to additional phases of project design (e.g. preliminary engineering with related technical services such as survey or geotechnical work, preparation


February 1, 2011

Page 9 of 14

of right-of-way plans, or preparation of final construction plans); however, a project specific or multiphase contract for roadway design shall not be supplemented to add a new project or to add a different type of service, such as construction engineering and inspection.

J. Contract Accounting Policies:

1. Overhead Charge Federally funded projects: The overhead charge, effective for

contracts advertised on or after December 1, 2005, shall be the actual rate as determined in compliance with Federal Acquisition Regulation Standards and approved by a cognizant agency as defined by 23 CFR 172. The cognizant agency is the home state transportation department, a federal agency, or TDOT in the absence of any of the other. A Certified Public Accountant (CPA) may perform the audit, but the audit work papers may be reviewed by the governmental agency. The overhead rate for firms with multiple offices shall be a combined rate for all offices. The rate for the overhead charge will be valid for a one year accounting period. If the overhead rate expires during the contract period an extension may be considered on a case-by-case basis in accordance with 23 CFR 172.7(b).

2. Net Fee Calculation: The fee for profit is negotiable. The maximum allowable net fee is

13% and should be negotiated depending on the type work, complexity, time restraints, etc., of the project. Net fee is calculated using the following formula: Net Fee = 2.35 x Direct Salary x Allowed Net Fee Rate.

For cost plus fixed net fee contracts, net fee shall be invoiced as

follows: Net fee is invoiced based on the total approved net fee multiplied by the estimated percentage of project completion during the invoicing period as stated in the progress report, less any previous partial payments.

3. Contract and Project Closing: The Agency is responsible for keeping up with contract costs and

knowing when a contract is complete. It is also responsible for closing the contract in a timely manner. By letter to the consultant, the Agency shall affirm that the contract or work order has been satisfactorily completed. In the event that additional services are


February 1, 2011

Page 10 of 14

required within the original scope of the project, the contract or work order may be re-opened. All terms and conditions of the contract shall remain the same.

4. Audit Requirements

a) Pre-award audits consist of a review of a proposed indirect cost (overhead) rate based upon historical data, review of the consultant’s job cost accounting system, and review of project man-day or unit price proposals. Awarded contracts are subject to interim and final audits. The audits consist of determining the accuracy of invoice charges by reviewing time sheets, payroll registers, travel documents, etc. Charges that cannot be supported will be billed back to the consultant. Annual reviews of the indirect cost rate for non-fixed indirect cost rate contracts will be required and adjustments to the invoiced billing rate may be necessary based on audit results.

5. Computer Aided Drafting and Design (CADD) Expenditures: All CADD equipment and software expenditures are to be treated

as part of overhead. CADD expense will not be allowed as a direct expenditure based on an allocation rate.

6. Facilities Capital Cost of Money (FCCM) Rate: FCCM referenced in 48 CFR 31.20510 shall be allowed as part of

overhead and applied to direct labor. 7. Direct Cost.

a) Direct Costs include job related expenses which are required directly in the performance of project services such as travel, subsistence, long distance telephone, reproduction, printing, etc. These should be itemized as to quantities and unit costs in arriving at the total cost for the expense.

b) The proposed direct cost shall not exceed the Tennessee

Department of Transportation’s maximum allowable rate when a rate for such cost is specified. All direct costs must show supporting documentation for auditing purposes. Documentation for proposed rates should show how they were developed including historical in-house cost data or names and phone numbers of vendors that supplied price quotes along with receipts, invoices, etc., if available.


February 1, 2011

Page 11 of 14

c) Electronic equipment, such as personal computers,

cameras, and cellular phones, shall be included in the consultant’s overhead.

d) The cost of the use of the consultant’s vehicle(s) to the

AGENCY’S project shall be paid for according to Attachment A, Schedule of Vehicle Reimbursements.

8. Collection of Funds Due as Result of Contract Audit: Once an audit is completed and the consultant is found to owe the

AGENCY, the Auditor will notify in writing the consultant,. The Agency will notify the consultant in writing about the indebtedness and request payment within 30 days from the date of the letter. If after 30 days payment is not received, the consultant will then be notified that any funds held in retainage or funds owed to the consultant under other agreements will be used to satisfy the indebtedness. If funds or payables to the consultant in the AGENCY’S possession are in excess of the indebtedness, anything owed the consultant will be remitted under normal payment procedures. If the funds in the AGENCY’S possession are not sufficient to satisfy the indebtedness, the Agency will take appropriate action.

K. Geotechnical Contracts: Contracts for geotechnical services are considered separately because

they may involve a mixture of two types of services, i.e., geotechnical studies (engineering services) and subsurface exploration/drilling or laboratory testing (technical services). Additionally, some firms offer one or the other of these services, others offer both, and others offer some combination as well as other services, e.g., design. Firms offering both services must, for accounting purposes, separate the two operations. Cost of equipment, supplies, etc., used in technical services may not be applied towards overhead computations for engineering services.

1. Sub-surface Exploration/Drilling: These services shall be procured

as required by applicable law and in accordance with the procedures noted in “POLICY”, Section VI, Technical Service Procurement Procedure.

2. Geotechnical Studies Only: These services shall be procured as

noted in “POLICY”, Section III, Competitive Negotiation Procurement Procedure.


February 1, 2011

Page 12 of 14

3. Geotechnical Studies and/or Laboratory Testing Combined: The services of these firms shall be procured as noted in “POLICY”, Section IV, Competitive Negotiation Procurement Procedure. The technical services costs shall be negotiated by the Agency based on usual industry standards.

4. Geotechnical Studies and/or Sub-surface Exploration/Drilling and/or

Laboratory Testing within another Engineering Services Firm: These services shall be procured as part of the larger contract, e.g., roadway design. Payment for sub-surface exploration/drilling shall be invoiced as a direct cost. Overhead cost restrictions as previously stated in Section III, Item J, Contract Accounting Policies, also apply to hourly labor charges. Geotechnical studies shall be invoiced as other engineering services.

L. Sub-consultants for Engineering Services:

1. Geotechnical Studies and/or Sub-surface Exploration/Drilling and/or Laboratory Testing within another Engineering Services Firm:

These services shall be procured as part of the larger contract, e.g.,

roadway design. Payment for sub-surface exploration/drilling shall be invoiced as a direct cost. Overhead cost restrictions as previously stated in Section III, Item J, Contract Accounting Policies, also apply to hourly labor charges. Geotechnical studies shall be invoiced as other engineering services.

2. Geotechnical Studies Firms as Sub-Consultants

a) Geotechnical Studies Only: The services of these firms may be procured by negotiation with the prime consultant as described previously herein.

b) Geotechnical Studies and Sub-surface Exploration/Drilling

and/or Laboratory Testing Firms as Sub-Consultants: The services of these firms shall be procured by negotiation with the prime consultant.

M. Sub-consultants Not Covered Under Engineering Services: In the event a sub-consultant is required whose hiring process, as a prime,

would be governed by “POLICY”, Section IV, Noncompetitive Negotiation Procurement Procedure, or other applicable state policy, that sub-consultant shall be retained by the same method used if he were a prime.

1. Example: Design consultants are occasionally asked to provide


February 1, 2011

Page 13 of 14

laboratory testing services under their design contract. These services procurement methods are described under “POLICY”, Section VI, Technical Service Procurement Procedure. The design consultant shall use, and document, the procedures described under “POLICY”, Section VI, Technical Service Procurement Procedure, when hiring the laboratory testing consultant.

2. The Agency should monitor the hiring and documentation of sub-

consultants by the prime. Documentation should detail the method used and should be satisfactory for a final project audit.

IV. NONCOMPETITIVE NEGOTIATION PROCUREMENT PROCEDURE The following procedures may be used by the AGENCY, subject to TDOT’s prior approval, in those circumstances where there exists only one viable source for the desired services, when competition among available sources is inadequate, or in emergencies when adherence to normal procedures will entail undue delays for projects requiring urgent completion. Upon determination of a need for this type of procurement, the AGENCY shall request an estimate from the qualified firm for the accomplishment of the desired assignment. The request for an estimate shall define the full scope of the desired services, together with minimum performance specifications and standards, the date materials and services are to be provided by the consultant to the AGENCY, and the required assignment completion schedule. Response to the request for an estimate shall be evaluated, giving due consideration to such matters as a firm’s professional integrity, compliance with public policies, records or past performances, financial and technical resources, and requested compensation for the assignment. VI. SMALL PURCHASE PROCUREMENT PROCEDURE When the contract cost of the services does not exceed the simplified acquisition threshold fixed in 41 U.S.C. 403(11), which is currently $100,000, small purchase procedures may be used. Contract requirements shall not be broken down into smaller components merely to permit the use of small purchase procedures. Price negotiations will be obtained from an adequate number of qualified sources with a minimum of two. It is the responsibility of the Local Government to determine the level of advertisement in order to ensure a qualified pool of candidate consultants is available to choose from. Awards will be made to the responsible firm whose proposal is most advantageous to the program with price and other relevant factors considered. Contact the LPDO for approval to proceed with this process.


February 1, 2011

Page 14 of 14

POLICY FOR STANDARD PROCUMENT OF ENGINEERING AND TECHNICAL SERVICES Vehicle Reimbursement Schedule For all projects except Construction Engineering and Inspection (CEI), the consultant shall be reimbursed at the rate specified in the State of Tennessee Comprehensive Travel Regulations in effect at the time the cost was incurred. For CEI projects, the consultant shall be reimbursed at the rate of $24.00 per day for compact pick-up trucks used on the AGENCY’s projects. For full size pick-up trucks used on the AGENCY projects, the consultant shall be reimbursed at the rate of $27.00 per day Rate changes are approved: _________________________ ________________ AGENCY HEAD DATE

Documents

October 4 2011 Mayor/Alderman Meeting