ORDINANCE NO. BL2012-321

An ordinance approving an Agreement by and between the Metropolitan Government, acting by and through its Department of Public Works and CSX Transportation, Inc. for the engineering, installation, and maintenance of a preemption interconnection device at the intersection of Vaughn’s Gap Road and SR 100.

WHEREAS, CSXT has or will construct and maintain highway rail grade crossing warning devices, consisting of automatic flashing lights and gates, at the grade crossing of Vaughn's Gap Road of CSXT's mainline track at Railroad Milepost 00N-8.79, in the City of Nashville, Davidson County, Tennessee; and,

WHEREAS, the Metropolitan Government has or proposes to erect certain highway traffic signals at the intersection of Vaughn's Gap Road and SR 100 and to establish interconnection circuitry between such Highway Traffic Signals and the Grade Crossing Warning Devices; and,

WHEREAS, CSXT has agreed to such interconnection, subject to the terms and conditions of said Agreement; and,

WHEREAS, the Metropolitan Government proposes to use the interconnection circuitry to change the Highway Traffic Signals sequence of operation when a signal is received from the Grade Crossing Warning Devices, which shall provide Advanced Preemption of the Highway Traffic Signals, as specified in the project plans and specifications; and,

WHEREAS, it is the purpose of said Agreement to provide for the terms and conditions upon which construction of the Project shall proceed and the parties' obligations with respect to the future maintenance and operation of the permanent aspects of the Project.

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

Section 1. That the Agreement for the engineering, installation, and maintenance of a preemption interconnection device at the intersection of Vaughn’s Gap Road and SR 100, a copy of which is attached hereto and incorporated herein, by and between the Metropolitan Government of Nashville and Davidson County, acting by and through its Department of Public Works, and CSX Transportation, Inc. is hereby approved, and the Metropolitan Mayor is authorized to execute the same.

Section 2. The Metropolitan Government shall obtain all authorizations, permits, and approvals from all local, state, and federal agencies, and their respective governing bodies and regulatory agencies, necessary to proceed with the Project and will implement the Project at its sole cost and expense.

Section 3. CSXT shall provide services and accommodations to promote public interest in this Project, without profit or other economic inducement typical of other Metropolitan Government contractors.

Section 4. Neither CSXT nor its affiliates (including their respective directors, officers, employees or agents) shall incur any costs, expenses, losses or liabilities in excess of payments made to CSXT, by or on behalf of the Metropolitan Government or its contractors.

Section 5. CSXT shall retain the paramount right to regulate all activities affecting its property, including but not limited to its tracks and cable junction box and railroad operations.

Section 6. Any amendments, renewals, or extension of the terms of the Agreement may be approved by resolution of the Metropolitan Council.

Section 7. That this enactment shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Emily Evans, Carter Todd, Jason Potts, Lonnell Matthews

LEGISLATIVE HISTORY
Introduced:	December 4, 2012
Passed First Reading:	December 4, 2012
Referred to:	Budget & Finance Committee Public Works Committee
Passed Second Reading:	December 18, 2012
Passed Third Reading:	January 8, 2013
Approved:	January 9, 2013
By: