ORDINANCE NO. BL2000-287

An ordinance authorizing the acceptance of Contract No. 2000244 between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County for LP No. 2272, Fesslers Lane and Spence Lane Interchange Study, 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 an interchange study at Fesslers Lane and Spence Lane under 23 U.S.C.A., Section 149, Congestion Mitigation and Air Quality Improvement 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:

Local Programs Number 2272
Fesslers Lane and Spence Lane, Interchange Study

Whereas, Pursuant to the provisions under the 23 U.S.C.A., Section 149, Congestion Mitigation and Air Quality Improvement 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 149, Congestion Mitigation and Air Quality Improvement 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 Knight Road; and

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 LP No. 2272, Fesslers Lane and Spence Lane Interchange Study, 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 LP No. 2272, Fesslers Lane and Spence Lane Interchange Study, 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 facilities; 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 LP No. 2272, Fesslers Lane and Spence Lane Interchange Study, 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: Eileen Beehan

LEGISLATIVE HISTORY
Introduced:	May 16, 2000
Passed First Reading:	May 16, 2000
Referred to:	Budget & Finance Committee Public Works Committee
Passed Second Reading:	June 6, 2000
Passed Third Reading:	June 13, 2000
Approved:	June 14, 2000
By: