ORDINANCE NO. BL2001-721

An ordinance authorizing the acceptance of Contract No. 2000226 between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County for LP 3070, AITS-Traveler Information System, ITS Communication and CCTBV.

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 AITS-Traveler Information System, ITS Communication, and CCTBV project under the Transportation Equity Act for the 21st Century (TEA 21), High Priority Project Program (HPP), and under 23 U.S.C.A., Section 149, Congested 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 Project No. 3070
AITS-Traveler Information System, ITS Communication, and CCTBV
Nashville, Davidson County
Whereas, pursuant to the provisions under the Transportation Equity Act for the 21st Century (TEA 21), High Priority Project Program (HPP), and the Department will provide eighty (80%) percent of the project cost. The local agency must contribute twenty (20%) percent of the project cost in accordance with the Transportation Equity Act for the 21st Century, and under 23 U.S.C.A., Section 149, Congested Mitigation and Air Quality Improvement Program; 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. 3070, AITS-Traveler Information System, ITS Communication, and CCTBV 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. 3070, AITS-Traveler Information System, ITS Communication, and CCTBV project under the Transportation Equity Act for the 21st Century (TEA 21), High Priority Project Program (HPP), and under 23 U.S.C.A., Section 149, Congested 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 project.
Section 3. That any and all additional contracts for LP No. 3070, AITS-Traveler Information System, ITS Communication, and CCTBV project 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: Howard Gentry

LEGISLATIVE HISTORY

Introduced: June 5 , 2001
Passed First Reading: June 5, 2001
Referred to: Budget & Finance Committee
Public Works Committee
Traffic & Parking Committee
Passed Second Reading: June 19, 2001
Passed Third Reading: June 26, 2001
Approved: June 27, 2001
By: Mayor Bill Purcell