ORDINANCE NO. BL2015-1133

An ordinance approving a construction agreement with CSX Transportation, Inc. for installation and maintenance of preemption interconnection device at grade crossing of 40th Avenue North and Charlotte Avenue Railroad Milepost 0NW-3.41 (DOT 350247U).

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 40th Avenue North and Charlotte Avenue Railroad Milepost 0NW-3.41 (DOT 350247U), 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 40th Avenue North and Charlotte Avenue 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 attached hereto; 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, the CSXT cost estimate is $38,173.00; 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 40th Avenue North and Charlotte Avenue, 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. Any amendments, renewals, or extension of the terms of the Agreement may be approved by resolution of the Metropolitan Council.

Section 4. 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: Bill Pridemore, Anthony Davis

If you would like a copy of the attachment to any ordinance or resolution, please email your request to the Metro Clerk's Office at metro.clerk@nashville.gov

LEGISLATIVE HISTORY
Introduced:	May 19, 2015
Passed First Reading:	May 19, 2015
Referred to:	Budget & Finance Committee Public Works Committee
Passed Second Reading:	June 2, 2015
Passed Third Reading:	June 9, 2015
Approved:	June 10, 2015
By:

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