ENACTED 12/01/1998

ORDINANCE NO. O98-1434

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 No. 19003-1181-44, interchange improvements at Interstate 40 and Robertson Avenue/Briley Parkway, and authorizing the approval by resolution of the Metropolitan Council of utility relocation, maintenance of traffic signals and/or street lighting or other contracts and documents associated with this Project No. 19003-1181-44.

WHEREAS, The State of Tennessee, Department of Transportation has tentatively allocated certain funds for the construction of a project in the area of The Metropolitan Government of Nashville and Davidson County, Tennessee, known as follows:

Project No. 19003-1181-44

Interchange Improvements at Interstate 40 and Robertson Avenue/Briley Parkway

WHEREAS, Section 4 of the proposal by the Department of Transportation of the State of Tennessee includes any utility relocation and/or adjustments;

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 No. 19003-1181-44, Interchange Improvements at Interstate 40 and Robertson Avenue/Briley Parkway, 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 documents necessary for the implementation and completion of improvements of the interchange at Interstate 40 and Robertson Avenue/Briley Parkway, which documents shall become binding on the Metropolitan Government upon authorization and approval by resolution of the Metropolitan County Council. These documents may include, but are not limited to, installation, operation, and maintenance of traffic signals and roadway/street lighting facilities; and the appropriation of funding for 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. 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: Don Majors & Charles Fentress

LEGISLATIVE HISTORY

Introduced: November 5, 1998
Passed First Reading: November 5, 1998
Referred to: Budget & Finance Committee
Public Works Committee
Passed Second Reading: November 17, 1998
Passed Third Reading: December 1, 1998
Approved: December 3, 1998
By: mayor.gif (527 bytes)