ORDINANCE BL2017-865

An ordinance amending Chapter 2.48 of the Metropolitan code of Laws regarding department of public works reporting requirements, all of which is more specifically described herein.

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

Section 1. That Chapter 2.48 of the Metropolitan Code of Laws be and the same is hereby amended by adding the following new Section 2.48.040:

2.48.040 Annual and Quarterly Projects Reports

In addition to such other powers and duties as are otherwise provided in this code, the director of public works shall have the power and duty to perform the following:

A. To be responsible for the day-to-day management of the department of public works, and to keep or cause to be kept a detailed record of all business of the department.

B. To prepare or cause to be prepared a Projects Report describing each significant public works capital project – including construction and repair of sidewalks, streets, bridges, bikeways, pedestrian enhancements and other such infrastructure improvements – which are to be started, completed, or which will be ongoing within the ensuing three (3) years. For the purposes of this section, a “significant public works capital project” is any public works project with a total cost over $150,000.

1. The Projects Report shall be submitted annually with each proposed budget to the metropolitan council.

2. The Projects Report shall include the following additional information:

a. the date or projected date upon which each project will be started and completed;
b. the physical location of each project, designating the metropolitan council district(s) involved;
c. the stage of work the project is in such as designing, engineering, right of way acquisition, excavation, construction, clean-up, etc.
d. the final, projected, or anticipated cost of each project; and
e. a designation of the priority of each project relative to the other listed projects.

3. The Projects Report shall be publicly accessible at all times following submission to the metropolitan council, whereupon it shall be maintained on the Metropolitan Government Open Data portal in a format established by the Information Technology Services (ITS) Department.

4. A publicly accessible online map of projects shall be maintained of projects. Each project shall be denoted on the map and for each project include information required in 2.48.040.B.2. The map shall include at least:

a. projects in the Projects list;
b. projects that have been allocated money in any capital spending plan that are not completed;
c. projects for which Public Works has received funding from the Tennessee Department of Transportation or other sources; and
d. any other significant public works capital project that is in progress, has been appropriated funding, had funds spent on it, or is reasonably anticipated in the future to have funds spent on it.

C. To prepare and submit to each member of the metropolitan council a Quarterly Report on District Projects describing the construction or implementation status of each public works capital project within the metropolitan council member’s respective districts.

1. The Quarterly Report on District Projects shall include the following additional information:

a. the physical of each project;
b. the final, projected, or anticipated cost of each such project;
c. the date or projected date upon which the project will be started and completed, including notation of any delays or accelerations and the reasons therefore;
d. any changes in previously disclosed project dates, and the reasons for such changes;
e. notification of all public hearings in which the department of public works is participating regarding such projects; and
f. any additional information that the director determines would be of assistance to the metropolitan council member to better understand the department of public works’ operations within the member’s district.

D. To prepare a proposed annual budget for the department of public works which discloses the allocation of all anticipated funds for the ensuing fiscal year for each capital project within the Projects Report, and further disclose the projects to be undertaken in the event additional funds are appropriated or become available. The director may designate funds for unanticipated projects, provided that thirty (30) days’ advance notice is submitted to the metropolitan council prior to use of such funds.

E. The requirements of this chapter shall not apply to projects, funds or allocations required for purposes of emergency or disaster response.

Section 2. That this Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jeremy Elrod, Mike Freeman, Nick Leonardo, Brett Withers, Freddie O'Connell, Fabian Bedne, John Cooper, Mary Carolyn Roberts, Jim Shulman, Dave Rosenberg, Kathleen Murphy, Jeff Syracuse, DeCosta Hastings, Mina Johnson, Doug Pardue, Colby Sledge, Larry Hagar, Erica Gilmore

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.