ORDINANCE NO. O98-1055

AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A CONTRACT BETWEEN THE STATE OF TENNESSEE AND THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY FOR STP-M-NH-155(8) BRILEY PARKWAY, INTERESECTION WITH CURREY ROAD, AND AUTHORIZING THE APPROVAL BY RESOLUTION OF THE METROPOLITAN COUNCIL OF UTILITY RELOCATIONS, MAINTENANCE OF TRAFFIC SIGNALS AND/OR STREET LIGHTING OR CONTRACTS AND DOCUMENTS ASSOCIATED WITH THIS PROJECT NO. STP-M-NH-155(8).

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 Briley Parkway with Currey Road under the U.S.C.A., Section 133, Surface Transporation 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:

STP-M-NH-155(8) BRILEY PARKWAY,
INTERESECTION WITH CURREY ROAD
PRELIMINARY ENGINEERING PHASE

WHEREAS, Pursuant to the provisions under the 23 U.S.C.A., Section 133, Surface Transporation Program, the "Department" will provide eighty (80%) percent of the project cost; and

WHEREAS, Pursuant to the providsion of the Transportation Improvment Program, the "Department" will provide Twenty percent (20%) of the TIP from Department funds; and

WHEREAS, The "Department" and the "Local Agency" have negotiated a contract for the intersection of Briley Parkway with Currey 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 STP-M-NH-155(8) Briley Parkway, Intersection with Currey 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 STP-M-NH-155(8) Briley Parkway, Intersection with Currey 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 STP-M-NH-155(8) Briley Parkway, Intersection with Currey 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: Janis Sontany