ADOPTED 08/03/1999

RESOLUTION NO. R99-1645

A resolution authorizing the Metropolitan Government to enter into an Interlocal Agreement with the City of Lakewood for drainage improvements located along 26th Street, 24th Street, and Elliott Street in the City of Lakewood.

WHEREAS, the City of Lakewood ("Lakewood") and The Metropolitan Government of Nashville and Davidson County ("the Metropolitan Government") desire to participate jointly in the funding, installation and maintenance of certain storm water drainage improvements located along 26th Street, 24th Street, and Elliott Street in the City of Lakewood; and

WHEREAS, Tennessee Code Annotated 12-9-101, et seq., ("The Interlocal Cooperation Act") authorizes political subdivisions of the State of Tennessee to enter into cooperative agreements by resolution of the local governing body; and

WHERAS, the Lakewood City Commission has authorized the Agreement attached hereto; and

WHEREAS, it is in the best interests of The Metropolitan Government of Nashville and Davidson County to enter into said agreement with the Lakewood.

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

SECTION 1. That the Agreement attached hereto as Exhibit 1 is hereby approved and the Metropolitan Mayor is authorized to execute said Agreement.

SECTION 2. That 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: Mike Wooden

INTERLOCAL

AGREEMENT

BETWEEN THE CITY OF LAKEWOOD

AND

THE METROPOLITAN GOVERNMENT

OF NASHVILLE AND DAVIDSON COUNTY

THIS AGREEMENT (the "Agreement") made and entered into as of this_____________ day of _____________________________1999, by and between the City of Lakewood, Tennessee

(hereinafter "Lakewood") and The Metropolitan Government of Nashville and Davidson County, Tennessee (hereinafter "Metro");

WITNESETH:

WHEREAS, Lakewood and Metro desire to participate jointly in certain drainage improvements located along 26" Street, 24th Street, and Elliott Street in the City of Lakewood (the "Project").

NOW, THEREFORE, the parties agree as follows:

1. To participate jointly in the Project, as shown on Exhibit A hereto, on the terms hereinbelow specified.

2. Metro agrees to participate financially by funding the total cost of the Project, not to exceed $30,000.00. Design of the Project shall be the responsibility of Metro. Construction of the Project shall be the responsibility of Metro.

5. After acceptance and approval of the Project by Lakewood, such acceptance and approval not to be unreasonably withheld, maintenance and upkeep of the Project shall be the sole responsibility of Lakewood.

6. This Agreement may be modified only by written amendment executed by all parties and their signatures hereto.

7. Nothing herein shall in any way be construed or intended to create a partnership or joint venture between the parties or to create the relationship of principal and agent between or among any of the parties. None of the parties hereto shall hold itself out in a manner contrary to the terms of this paragraph. No party shall be liable for any representation, act or omission of any other party contrary to the terms of this paragraph.

8. This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof and shall govern the respective duties and obligation of the parties.

9. Any action between the parties arising from this Agreement shall be maintained in the courts of Davidson County, Tennessee.

10. Should any provision of this Agreement be declared to be invalid by any court of competent jurisdiction, such provision shall be severed and shall not affect the validity of the remaining provisions of this Agreement.

11. The effective date of this Agreement shall be the date of its approval of the Metropolitan Council.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written.

LEGISLATIVE HISTORY

Referred to: Budget & Finance Committee
Public Works Committee
Introduced: August 3, 1999
Adopted: August 3, 1999
Approved: August 11, 1999
By: mayor.gif (527 bytes)