RESOLUTION NO. RS2009-1039

A resolution authorizing the Metropolitan Government to enter into Utility Relocation Contract No. 7226, Metro Water Services (MWS) Project Nos. 08-SG-53 and 08-WG-42, with the State of Tennessee, Department of Transportation, Project No. 19959-2761-54, to relocate certain facilities, located on the public highway right-of-way, located in Davidson County.

WHEREAS, the State of Tennessee, Department of Transportation (“TDOT”) plans to construct State Project No. 19959-2761-54, and MWS Project Nos. 08-SG-53 and 08-WG-42 in Davidson County; and,

WHEREAS, Metropolitan Department of Water and Sewerage Services, Project Nos. 08-SG-53 and 08-WG-42, plans to construct the utility work identified as State Project No. 19959-2761-54, identified in Capital Improvement Budget, No. 96-SG-0005 and described in the attached contract; and,

WHEREAS, pursuant to the terms of Utility Relocation Contract No. 7226, (attached hereto as Exhibit A), the Metropolitan Government will be responsible for seventy-five percent (75%) of the actual cost for the utility work and the Tennessee Department of Transportation (TDOT) will be responsible for twenty-five percent (25% ) of the cost, the Metropolitan Government’s share of which is currently estimated to be $356,073.75; and,

WHEREAS, the Local Government Investment Pool Program, Tennessee Code Annotated § 9-4-701 et seq., was created to provide to public entities in Tennessee maximum opportunities for the investment of idle public funds, such as by enabling them to recover interest earned money during the construction period of a project; and,

WHEREAS, Tennessee Code Annotated, Section 12-9-104(a) (2) (b) authorizes the Governing Bodies of Public Agencies, such as metropolitan governments, to approve agreements between that Public Agency and another Public Agency, such as the State of Tennessee, by resolution; and,

WHEREAS, it is in the interest of the Metropolitan Government that this contract be approved and that the related utility work be performed.

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

Section 1. That the Metropolitan Mayor is hereby authorized to execute and enter into Utility Relocation Contract No. 7226, with the Tennessee Department of Transportation, attached hereto as Exhibit A, and incorporated herein.

Section 2. That the Director of Water and Sewerage Services is hereby authorized to enter into any supplemental agreements necessary to participate in the Local Government Investment Pool Program.

Section 3. That this resolution shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Ronnie Steine, Walter Hunt

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

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee Public Works Committee
Introduced:	November 17, 2009
Adopted:	November 17, 2009
Approved:	November 19, 2009
By: