An ordinance approving and authorizing the Mayor to execute a contract with CSX Transportation Inc. and the State of Tennessee regarding the Demonbreun Street Bridge project, and providing for approval of future contracts by Resolution of Council.

Whereas, pursuant to Ordinance No. BL2004-310, the Metropolitan Council approved a contract between the Metropolitan Government and the State of Tennessee Department of Transportation ("TDOT") for the management, funding, and related matters for the improvements necessary for the viaduct bridge on Demonbreun Street over 11th Avenue and CSX Railroad (LM 0.04), in accordance with Federal Project No. BR-STP-3249(2) ("Highway Project"); and

Whereas, CSX Transportation Inc. is willing to cooperate with TDOT and the Metropolitan Government regarding the Highway Project, pursuant to the terms of the contract attached hereto ("Contract"); and

Whereas, it is in the best interest of the Metropolitan Government to approve this contract; and

Whereas, projects pertaining to roadways and bridges which the Public Works Department undertakes or participates in often require work to be undertaken, and related agreements approved, within strict timeframes; and

Whereas, it will better enable the Public Works Department to adhere to schedules for undertaking and completing roadway and bridge projects if agreements with the railroad (CSX Transportation Inc.) could be approved by Resolution, rather than by Ordinance.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Contract between The Metropolitan Government of Nashville and Davidson County, the State of Tennessee, and CSX Transportation Inc. concerning Federal Project No: BR-STP-3249(2), rehabilitation or reconstruction of the Demonbreun Street Bridge over 11th Avenue and CSX Railroad (LM 0.04), attached hereto and incorporated herein, is hereby approved, and the Metropolitan Mayor is authorized to execute the same.

Section 2. That any amendments, renewals or extension of the terms of the Contract must be approved by Resolution of the Metropolitan Council.

Section 3. That all future contracts with CSX Transportation Inc., or with CSX Transportation Inc. and another governmental entity, pertaining to cooperation with and/or permissions for bridge and/or roadway projects in which the Metropolitan Public Works Department participates, may be approved by Resolution of the Metropolitan Council.

Section 4. 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: Ludye Wallace

Attachment is on file in the Metropolitan Clerk's Office

LEGISLATIVE HISTORY
Introduced:	September 6, 2005
Passed First Reading:	September 6, 2005
Referred to:	Budget & Finance Committee Public Works Committee
Passed Second Reading:	September 20, 2005
Passed Third Reading:	October 4, 2005
Approved:	October 6, 2005
By: