An ordinance authorizing the acceptance of Contract No. 2000407 between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County for LP 2539, bicycle facilities.

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 a project for Bicycle Facilities project under 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:

Local Project No. 2539
Bicycle Facilities Project
Nashville, Davidson County

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 (20%) percent of the project cost; and

Whereas, the Department and Local Agency have negotiated a contract for the above described project; 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 by the Council of The Metropolitan Government of Nashville and Davidson County, Tennessee:

Section 1. The contract between the Department and the Local Agency concerning LP No. 2539, Bicycle Facilities Project, and made a part of this ordinance, be and the same is hereby accepted by the Metropolitan Government.

Section 2. The Metropolitan County Mayor is authorized to execute the attached contract and any and all additional documents for LP No. 2539, Bicycle Facilities, 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 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. 2539, Bicycle Facilities, between the Department and the Metropolitan Government must be ratified by resolution supported by 21 affirmative votes 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 of Nashville and Davidson County requiring it.

Sponsored by: John Summers, Howard Gentry & Jim Shulman

LEGISLATIVE HISTORY
Introduced:	March 20, 2001
Passed First Reading:	March 20, 2001
Referred to:	Budget & Finance Committee Public Works Committee
Passed Second Reading:	April 3, 2001
Passed Third Reading:	April 17, 2001
Approved:	April 19, 2001
By: