An ordinance authorizing the acceptance of Contract No. 2001566 between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County for LP 3226, Improvements to Hillsboro Pike.

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 the improvement of a portion of SR-106 (Hillsboro Pike) 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 Project No. 3226
CM-STP-106(14)
SR-106 (Hillsboro Pike); south of Hobbs Road to north of Crestmoor Road
Nashville, Davidson County
Whereas, pursuant to the provisions from 23 U.S.C.A., Section 149, Congestion Mitigation and Air Quality Improvement funds allocated or subject to allocation to the Local Agency, the Department will provide one hundred (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. 3226, Project No. CM-STP-106(14), SR-106 (Hillsboro Pike) south of Hobbs Road to north of Crestmoor Road 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. 3226, Project No. CM-STP-106(14), SR-106 (Hillsboro Pike) south of Hobbs Road to north of Crestmoor Road 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 project.

Section 3. That any and all additional contracts for LP No. 3226, Project No. CM-STP-106(14), SR-106 (Hillsboro Pike) south of Hobbs Road to north of Crestmoor Road 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: Jim Shulman, Amanda McClendon

LEGISLATIVE HISTORY
Introduced:	November 6, 2001
Passed First Reading:	November 6, 2001
Referred to:	Budget & Finance Committee Public Works Committee
Passed Second Reading:	November 20, 2001
Deferred:	December 4, 2001
Passed Third Reading:	December 18, 2001
Approved:	December 19, 2001
By: