ORDINANCE NO. BL2004-189

An ordinance authorizing the Metropolitan Mayor to enter into a wire line crossing agreement with CSX Transportation, Inc. allowing the Metropolitan Government Public Works Department to install metal strand wires over or across the tracks and property owned or controlled by CSX Transportation, Inc. located at Valuation Station 523+80, Milepost 00J-9.75, Nashville Terminal Subdivision, and authorizing approval of all future CSX Transportation, Inc. crossing agreements by resolution.

Whereas, CSX Transportation Inc. (“CSX”) owns and maintains railroad tracks in Davidson County; and

Whereas, the Metropolitan Government Public Works Department (“the Department”) needs to install metal strand wires in existing railroad rights-of-way overhead at Valuation Station 523+80, Milepost 00J-9.75, Nashville Terminal Subdivision (“the Project”); and

Whereas, CSX proposes to permit the Department to install the metal strand wires in railroad rights-of-way in connection with the Project pursuant to the terms of the agreement (“the Agreement”), a copy of which is attached hereto as Exhibit A.

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

Section 1. That the Agreement by and between CSX Transportation, Inc. and The Metropolitan Government of Nashville and Davidson County, by which the latter is permitted to install wires in railroad rights-of-way, as attached hereto and incorporated herein, is hereby approved, and the Metropolitan Mayor or his designee is hereby authorized to execute the same.

Section 2. That amendments to the Agreement, and future agreements with CSX concerning the use of railroad rights-of-way for the installation of wire or cable, may be approved by resolution.

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

Sponsored by: Sam Coleman, Jason Alexander

LEGISLATIVE HISTORY

Introduced: April 6, 2004
Passed First Reading: April 6, 2004
Referred to: Budget & Finance Committee
Public Works Committee
Passed Second Reading: April 20, 2004
Passed Third Reading: May 18, 2004
Approved: May 19, 2004
By: