ENACTED 04/07/1998

ORDINANCE NO. O98-1114

AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A PROPOSAL TO THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY FROM THE STATE OF TENNESSEE, DEPARTMENT OF TRANSPORTATION RELATING TO PROJECT NH-I-40-4(68)205; 19005-2140-44, AUXILLARY LANES ON I-40 WESTBOUND, FROM LOG MILE 208.59 TO LOG MILE 208.63, AND AUTHORIZING THE APPROVAL BY RESOLUTION OF THE METROPOLITAN COUNCIL FOR UTILITY RELOCATIONS, MAINTENANCE OF TRAFFIC SIGNALS AND/OR STREET LIGHTING OR OTHER DOCUMENTS ASSOCIATED WITH THIS PROJECT.

WHEREAS, The Department of Transportation of the State of Tennessee, hereinafter called "DEPARTMENT" has tentatively allocated certain funds for the construction of a project in the area of the Metropolitan Government of Nashville and Davidson County, Tennessee, hereinafter called "METRO" know and described as follows:

PROJECT NH-I-40-4(68)205; 19005-2140-44
AUXILLARY LANES ON I-40 WESTBOUND,
FROM LOG MILE 208.59 TO LOG MILE 208.63

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

SECTION 1. The proposal submitted by the Department of Transportation of the State of Tennessee to the Metropolitan Government of Nashville and Davidson County to construct in the area of the Metropolitan Government of Nashville and Davidson County Project NH-I-40-4(68)205, 19005-2140-44, auxillary lanes on I-40 westbound, from log mile 208.59 to log mile 208.63, is hereby accepted by the Metropolitan Government. The said proposal is attached hereto and made a part thereof the same as though copied herein.

SECTION 2. The Metropolitan Mayor is authorized to execute future agreements necessary for the implementation and completion of auxillary lnes on I-40 westbound, from log mile 208.59 to log mile 208.63, which agreements shall become binding on The Metropolitan Government upon ratification by Resolution of the Metropolitan County Council. These agreements include, but are not limited to, installation, operation, and maintenance of traffic signals and roadway/street lighting facilities; and the appropriation of funding or the construction, realignment, relocation, and adjustments to water mains and/or sewer lines.

SECTION 3. 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 provision 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 4. BE IT FURTHER ENACTED, That this ordinance take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Willis McCallister & others