ORDINANCE NO. BL2015-65

An ordinance approving an Agreement by and between the Metropolitan Government of Nashville and Davidson County, acting by and through its Department of Parks and Recreation, and CSX Transportation, Inc. for the construction of the Warner Park pedestrian tunnel (Proposal No. 2015M-036PR-001).

WHEREAS, the Metropolitan Government proposes to construct a pedestrian tunnel under a section of railroad in Warner Park within the vicinity of Milepost 00N-10.66, in Davidson County, Tennessee ( the “Project”); and,

WHEREAS, the Metropolitan Government and CSX Transportation, Inc. (“CSXT”), have agreed on the terms of a Construction Agreement (“Agreement”), attached hereto, for the Project; 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; and,

WHEREAS, approval of the Agreement is in the best interest of the Metropolitan Government.

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

Section 1. That the Agreement between the Metropolitan Government of Nashville and Davidson County, acting by and through its Department of Parks and Recreation, and CSX Transportation, Inc. for the construction of a pedestrian tunnel in Warner Park within the vicinity of Railroad Milepost 00N-10.66, a copy of which is attached hereto and incorporated herein, is hereby approved.

Section 2. The Director of Public Property or his designee is authorized to execute the Agreement on behalf of the Metropolitan Government.

Section 3. The Director or Public Property or his designee is further authorized to execute and record such documents as may be necessary to accept easements granted to the Metropolitan Government for the use and maintenance of the Project and other documents necessary to effect the purposes of this ordinance.

Section 4. Any amendments to the terms of the Agreement may be approved by resolution of the Metropolitan Council receiving at least twenty-one (21) affirmative votes.

Section 5. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County, Tennessee, requiring it.

Sponsored by: Angie Henderson, Bill Pridemore

LEGISLATIVE HISTORY
Introduced:	November 17, 2015
Passed First Reading:	November 17, 2015
Referred to:	Planning Commission - Approved Budget & Finance Committee - Approved Planning & Zoning Committee - Approved Public Works Committee - Approved Parks & Library Committee - Approved
Passed Second Reading:	December 1, 2015
Passed Third Reading:	December 15, 2015
Approved:	December 17, 2015
By: