RESOLUTION NO. RS2017-545

A resolution approving the First Amendment to the 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. 2017M-002PR-001).

WHEREAS, the Metropolitan Government desires 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”), entered into the Construction Agreement (“Agreement”), attached hereto as Exhibit 1, for the Project pursuant to Ordinance BL2015-65; and,

WHEREAS, Ordinance BL2015-65 provided that any further amendment to the Agreement may be approved by a resolution of the Metropolitan Council which receives at least twenty-one affirmative votes; and,

WHEREAS, the parties to the Construction Agreement now desire to execute the First Amendment to the Agreement to approve the Crossing Agreement; and,

WHEREAS, the Crossing Agreement will allow the Metropolitan Government, acting by and through the Department of Parks and Recreation, to make improvements to the rail crossing to finish the Project, a copy of such Crossing Agreement is attached hereto as Exhibit 2; and,

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

NOW, THEREFORE BE IT RESOLVED 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, be amended to include the Crossing Agreement, a copy of which is attached hereto and incorporated herein.

Section 2. This resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Angie Henderson, John Cooper, Burkley Allen

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
Referred to:	Planning Commission - Approved Budget & Finance Committee Parks, Library, and Recreation Committee Planning, Zoning, & Historical Committee
Introduced:	February 7, 2017
Adopted:	February 7, 2017
Approved:	February 8, 2017
By: