ORDINANCE NO. BL2010-791

An ordinance approving an agreement between The Metropolitan Government of Nashville and Davidson County, by and through the Department of Public Works, and The Nashville Biltmore LP to establish respective responsibilities pertaining to widening and relocation of three ramps at interchange of I-40 with McCrory Lane in Davidson County and realignment and widening of a portion of McCrory Lane, and funding thereof, and authorizing the execution of the same.

WHEREAS, the parties anticipate that the Metropolitan Government will, subject to proper approvals including that of the Metropolitan Council, enter into a contract with the State of Tennessee Department of Transportation (“TDOT Agreement’’) regarding the receipt and use of $4,000,000 in Local Interstate Connector and other State Transportation funds, for certain improvements to the interchange of I-40 with McCrory Lane in Davidson County (the “Project”), which project is to be constructed in cooperation with The Nashville Biltmore LP; and,

WHEREAS, the Project is described in the TDOT Agreement, attached hereto and incorporated herein; and,

WHEREAS, the parties anticipate that the Metropolitan Government will serve as the implementing agency for the Project, in accordance with said TDOT Agreement; and,

WHEREAS, the parties anticipate that the TDOT Agreement between the Metropolitan Government and TDOT will entail certain commitments by the Metropolitan Government in connection with the Project and grant funds; and,

WHEREAS, the parties anticipate right-of-way changes, made possible by land dedications by Nashville Biltmore LP and TDOT; and,

WHERAS, Nashville Biltmore LP, and not the Metropolitan Government, shall be solely responsible for all expenses associated with the Project in excess of those funded by the State of Tennessee through the TDOT Agreement; and,

WHEREAS, the Project will be to the benefit of the citizens of The Metropolitan Nashville and Davidson County.

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

SECTION 1: The agreement between The Metropolitan Government of Nashville and Davidson County, by and through the Department of Public Works, and The Nashville Biltmore LP to establish respective responsibilities pertaining to widening and relocation of three ramps at interchange of I-40 with McCory Lane in Davidson County and realignment and widening of a portion of McCory Lane, and funding thereof, a copy of which is 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 extensions of the terms of the agreement shall be approved by Resolution of the Metropolitan Council.

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: Jim Hodge, Megan Barry, Bo Mitchell

Attachment(s) on file in the Metropolitan Clerk's Office

LEGISLATIVE HISTORY
Introduced:	November 4, 2010
Passed First Reading:	November 4, 2010
Referred to:	Budget & Finance Committee Public Works Committee
Passed Second Reading:	November 16, 2010
Passed Third Reading:	December 7, 2010
Approved:	December 13, 2010
By: