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

WHEREAS, the Metropolitan Government Department of Public Works (“the Department”) needs to install an electric line in existing railroad rights-of-way underneath N&E’s railroad tracks at 3,130 ft. westerly, measured along the centerline of the main track from M.P. 1.0 (Actual M.P. .04) (“the Project”); and

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

WHEREAS, funding for the Project is included in the Capital Improvement Budget as numbers 97PW045 and 96PW001, and in the Metropolitan Government Cost Fund as No. 40130BU42411150.

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 electric lines may be approved by Resolution, supported by 21 affirmative votes of the Metropolitan Council.

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: Brenda Gilmore, Mike Jameson

LEGISLATIVE HISTORY
Introduced:	October 7, 2003
Passed First Reading:	October 7, 2003
Referred to:	Planning Commission - Approved 9-0 (08/14/03) Budget & Finance Committee Public Works Committe Planning & Zoning Committee
Passed Second Reading:	October 21, 2003
Passed Third Reading:	November 18, 2003
Approved:	November 19, 2003
By: