An ordinance authorizing the acceptance of Contract No. 2001602 between the State of Tennessee and The Metropolitan Government of Nashville and Davidson County for LP 3284, 21st Avenue Sidewalk Improvement 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 21st Avenue Sidewalk Improvement Project under 23 U.S.C.A. § 133, the Surface Transportation Enhancement Program.

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. 3284
21st Avenue Sidewalk Improvement Project
Nashville, Davidson County

Whereas, pursuant to the provisions from the Transportation Enhancement Program funds allocated or subject to allocation to the Local Agency, the Department will provide one 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. 3284, 21st Avenue Sidewalk Improvement 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. 3284, 21st Avenue Sidewalk Improvement Project under 23 U.S.C.A. § 133, the Surface Transportation Enhancement 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 such additional contracts and/or documents for LP No. 3284, 21st Avenue Sidewalk Improvement 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: Ginger Hauser, Amanda McClendon, Jim Shulman

Amendment No. 1

to

Ordinance No. BL2002-989

Mr. President:

I move to amend Ordinance No. BL2002-989 by deleting the phrase "one-twenty (20%) percent", wherein it appears in the third introductory recital clause, and replacing it with the phrase "eighty percent (80%)"

Sponsored by: Jim Shulman
Amendment Adopted: April 2, 2002

LEGISLATIVE HISTORY
Introduced:	March 19, 2002
Passed First Reading:	March 19, 2002
Referred to:	Budget & Finance Committee Public Works Committee
Amended:	April 2, 2002
Passed Second Reading:	April 2, 2002
Passed Third Reading:	April 16, 2002
Approved:	April 17, 2002
By: