WHEREAS, The Metropolitan Government of Nashville and Davidson County acting thru its Department of Public Works hereinafter sometimes referred to as the "Local Agency" has recommended improvements to the intersection of SR-106, Hillsboro Road with Woodmont Blvd., Crestmoor Road/Glen Echo Road, and Richard Jones Road/Abbott Martin Road under the U.S.C.A., Section 149, Congested Mitigation and Air Quality Improvement Program; and

WHEREAS, The State of Tennessee, acting thru its Department of Transportation hereinafter referred to as the "Department" has allocated funds for the following project:

CM-STP-106(10),SR-106, HILLSBORO ROAD
INTERSECTIONS WITH WOODMONT BLVD.,
CRESTMOOR ROAD/GLEN ECHO ROAD, AND
RICHARD JONES RD/ABBOTT MARTIN ROAD
PRELIMINARY ENGINEERING PHASE

WHEREAS, Eighty percent (80%) of the Transportation Improvement Program cost will be paid pursuant to the provisions under the 23 U.S.C.A., Section 149, Congestion Mitigation and Air Quality Improvement Program funds allocated or subject to allocation to the "Local Agency" ; and

WHEREAS, Twenty percent (20%) of the Transportation Improvement Program cost will be paid from "Local Agency" funds; and

WHEREAS, The "Department" and the "Local Agency" have negotiated a contract for the intersection of SR-106, Hillsboro Road with Woodmont Blvd., Crestmoor Road/Glen Echo Road, and Richard Jones Road/Abbott Martin Road.

BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE:

SECTION 1: That the Contract between the "Department" and the "Local Agency" concerning CM-STP-106(10) the intersection of SR-106, Hillsboro Road with Woodmont Blvd., Crestmoor Road/Glen Echo Road, and Richard Jones Road/Abbott Martin Road and made a part of this Ordinance, be and the same is hereby accepted by the Metropolitan Government.

SECTION 2: That the Metropolitan County Mayor is authorized to execute the attached contract and any and all additional documents for CM-STP-106(10) the intersection of SR-106, Hillsboro Road with Woodmont Blvd., Crestmoor Road/Glen Echo Road, and Richard Jones Road/Abbott Martin Road, under the 23 U.S.C.A., Section 149, Congestion Mitigation and Air Quality Improvement Program. These documents may include, but are not limited to, installation, operation, and maintenance of traffic signals and roadway/street lighting facalities; and the appropriation of funding for the construction realignment, relocation, and adjustments to water mains and/or sewer lines.

SECTION 3: That any and all additional contracts for CM-STP-106(10) the intersection of SR-106, Hillsboro Road with Woodmont Blvd., Crestmoor Road/Glen Echo Road, and Richard Jones Road/Abbott Martin Road, between the "Department" and the "Local Agency" must be ratified by Resolution of The Metropolitan County Council prior to execution by the Metropolitan County Mayor.

SECTION 4. Should any court of competent jurisdiction declare any section, clause, or provision of this ordinance to be unconstitutional, such decision shall affect only such section, clause or provision so declared unconstitutional, and shall not affect any other section, clause or provisions of this ordinance, it being the express intent of the Metropolitan County Council of The Metropolitan Government of Nashville and Davidson County that the remainder of this ordinance continue in full force and effect.

SECTION 5. This Ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government requiring it.

Sponsored By: David Kleinfelter