Whereas, the Nashville & Eastern Railroad Corporation (“N&E”) owns and maintains railroad tracks in Davidson County; and

Whereas, the Metropolitan Government Information Technology Service Department (“the Department”) needs to install fiber optic cable in existing railroad rights-of-way overhead at M.P. 0.97 and then running East parallel to the main on the north side to the spur to the MTA-Hascall Steel Spur (“the Project”); and

Whereas, N&E proposes to permit the Department to install the fiber optic cable in railroad rights-of-way in connection with the Project pursuant to the terms of the agreement (“the Agreement”) attached to this Ordinance as Exhibit A; and

Whereas, funding for the Project is provided by means of a grant from the Federal Highway Administration administered through the Tennessee Department of Transportation, TDOT Grant # 19-901-9639-04, Metropolitan Government Contract # L-591 filed October 1, 2002;

Now, therefore, be it enacted by the Council of the Metropolitan Government of Nashville and Davidson County:

Section 1. That the Metropolitan Mayor or his designee is hereby authorized to execute the Agreement (attached as Exhibit A).

Section 2. That amendments to the Agreement and future agreements with N&E concerning the use of railroad rights-of-way for the installation of fiber optic cable may be approved by Resolution.

Section 3. That this ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Craig Jenkins, Lawrence Hall Jr., Ludye Wallace

LEGISLATIVE HISTORY
Introduced:	June 17, 2003
Passed First Reading:	June 17, 2003
Referred to:	Planning Commission - Approved 7-0 (06/12/2003) Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Passed Second Reading:	July 15, 2003
Passed Third Reading:	August 5, 2003
Approved:	August 6, 2003
By: