ENACTED 04/06/1999

ORDINANCE NO. O99-1564

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-4167(2), Elm Hill Pike, Spence Lane to Massman Drive and authorizing the approval by resolution of the Metropolitan Council of Utility relocation, maintenance or traffic signals and/or street lighting or contracts and documents associated with said project.

Whereas, The Metropolitan Government of Nashville and Davidson County acting through its Department of Public Works hereinafter sometimes referred to as the "Local Agency" has recommended improvements to Elm Hill Pike, from Spence Lane to Massman Drive under the 23 U.S.C.A., Section 133, Surface Transportation Program; and

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

STP-M-4167(2), Elm Hill Pike Spence Lane to Massman Drive

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

Whereas, pursuant to the provisions under the 23 U.S.C.A., Section 133, Surface Transportation Program, the Metropolitan Government must provide twenty percent (20%) of the project cost; and

Whereas, The Department and the Local Agency have negotiated a contract for improvements to Elm Hill Pike, from Spence Lane to Massman Drive.

Whereas, it is in the best interest of the Metropolitan Government that said contract be approved and that the Metropolitan Mayor be authorized to execute said contract.

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

Section 1: That the Contract between the Department and the Metropolitan Government concerning STP-M-4167(2), Elm Hill Pike, Spence Lane to Massman Drive 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-4167(2), Elm Hill Pike, Spence Lane to Massman Drive, under the 23 U.S.C.A., Section 133, Surface Transportation 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-4167(2), Elm Hill Pike, Spence Lane to Massman Drive, between the Department and the Metropolitan Government 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: Don Majors, Ronnie Steine & Roy Dale

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: