An ordinance authorizing the acceptance of Contract No. 2001659 between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County for LP 3349, Bridge over CSX Railroad (LM 1.57), on Chestnut Street.

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 Bridge over CSX Railroad (LM 1.57), on Chestnut Street under 23 U.S.C.A., Section 144, Highway Bridge Replacement and Rehabilitation 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. 3349
Bridge over CSX Railroad (LM 1.57) on Chestnut Street Nashville, Davidson County

Whereas, pursuant to the provisions under the 23 U.S.C.A., Section 144, Highway Bridge Replacement and Rehabilitation 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 144, Highway Bridge Replacement and Rehabilitation 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 improvements of 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. 3349, Bridge over CSX Railroad (LM 1.57) on Chestnut Street 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. 3349, Bridge over CSX Railroad (LM 1.57) on Chestnut Street project under the 23 U.S.C.A., Section 144, Highway Bridge Replacement and Rehabilitation 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, realignment, relocation, and adjustments to water mains and/or sewer lines.

Section 3. That any and all additional contracts for LP No. 3349, Bridge over CSX Railroad (LM 1.57) on Chestnut Street 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: Ludye Wallace, Ronnie Greer, Amanda McClendon, Jim Shulman

LEGISLATIVE HISTORY
Introduced:	January 15, 2002
Passed First Reading:	January 15, 2002
Referred to:	Budget & Finance Committee Public Works Committee
Deferred:	February 5, 2002
Passed Second Reading:	February 19, 2002
Passed Third Reading:	March 19, 2002
Approved:	March 25, 2002
By: