ENACTED 04/06/1999

ORDINANCE NO. O99-1560

An ordinance authorizing The Metropolitan Government of Nashville and Davidson County to enter into an agreement with CSX Transportation, Inc.

Whereas, in the interest of public safety and convenience, The Metropolitan Government of Nashville and Davidson County (hereinafter "Metro Government") proposes to convert Second Avenue North to two-way traffic; and

Whereas, the change from one-way to two-way traffic on Second Avenue North will necessitate certain modifications to the Railroad signals and warning devices at the crossing; and

Whereas, the construction of the aforesaid improvements will involve property and facilities owned and operated by CSX Transportation, Inc. (hereinafter "Railroad") over which certain rights and privileges are desired by Metro Government for the construction and maintenance, which rights and privileges Railroad is willing to grant subject to the terms and conditions hereinafter set forth; and

Whereas, Metro Government and Railroad desire to accomplish the contemplated improvements, to allocate the portions of the work to be performed by each of them, to determine and agree upon their respective responsibilities, and to provide for the method and schedule for reimbursing the Railroad for the portion of the work it performs; and

Whereas, it is in the best interest of the Metropolitan Government to enter into the agreement hereto attached to accomplish the above state purposes,

Now, therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. That the agreement attached hereto as Exhibit 1, is approved and the Metropolitan Mayor is authorized to execute said agreement; and to execute such future amendments and/or related documents as are necessary which shall become binding on The Metropolitan Government upon ratification by Resolution of the Metropolitan County Council.

Section 2. 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 3. 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: Don Majors & Ronnie Steine

LEGISLATIVE HISTORY
Introduced:	March 2, 1999
Passed First Reading:	March 2, 1999
Referred to:	Budget & Finance Committee Public Works Committee
Passed Second Reading:	March 16, 1999
Passed Third Reading:	April 6, 1999
Approved:	April 8, 1999
By: