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An ordinance amending Title 5 of the Metropolitan Code of Laws relative to providing funds for improving Nashville and Davidson County's multimodal infrastructure.
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BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Title 5 of the Metropolitan Code of Laws be amended to add a new Chapter 5.09 as follows:
Chapter 5.09 - MULTIMODAL INFRASTRUCTURE MAINTENANCE FINANCING
5.09.010 Definitions.
The following definitions shall apply to this chapter:
"Multimodal infrastructure" means transportation safety improvements necessary to address newly identified or unforeseen conditions resulting from roadway fatalities and injuries, traffic incidents, or data collection that present a significant risk to the public health, safety, or welfare. These improvements may include, but are not limited to, the installation, replacement, or repair of roadway and transportation signage, the installation, replacement, or repair of traffic control devices, the installation of crosswalks and pedestrian crossing infrastructure and improvements; the installation and improvement of bicycle infrastructure; accessibility improvements to existing infrastructure; temporary or permanent traffic calming measures; and quick-build safety projects and other temporary, low-cost transportation interventions.
“NDOT” means the Nashville Department of Transportation and Multimodal Infrastructure.
"Construction project" means any capital project, approved in the capital improvements budget and included in an initiating resolution determining to issue general obligation bonds of the Metropolitan Government of Nashville and Davidson County involving the building or erection of any public building, structure, park, or parking facility, which project is funded in compliance with federal and state law. “Construction project” shall also include the reconstruction, replacement, extension, repairing, betterment or improvement of any public building, structure, park, or parking facility where the cost of the improvement exceeds fifty percent of the value of the building, structure, park, or parking facility before the reconstruction, replacement, repair, or improvement. "Construction project" shall also include eligible capital projects being undertaken by the metropolitan government in conformance with agreements in existence on the effective date of this ordinance.
"Multimodal infrastructure guidelines" mean the guidelines adopted by NDOT as referenced in Section 5.09.050 of this chapter.
"Multimodal infrastructure project" means a project funded through reserved funding derived from motor vehicle license revenues, or as part of a general obligation bond issue or through the commercial paper program as identified in Section 5.09.020 of this chapter, and which has been approved in accordance with multimodal infrastructure guidelines.
5.09.020 Sources of funding.
A. Motor vehicle license revenues
1. An allocation from the general fund equivalent to one percent (1%) of the annual revenues budgeted by the Metropolitan Government of Nashville and Davidson County for motor vehicle regulatory licenses pursuant to Chapter 5.32 of the Metropolitan Code of Laws shall be deposited, set aside, and made available to fund multimodal infrastructure projects by the end of the following calendar quarter, subject to annual appropriations.
2. Proceeds so deposited may be expended, in conformance with existing agreements and state and federal law, toward the installation, operation, or maintenance of multimodal infrastructure projects and structures within the public right-of-way, as prescribed by NDOT.
B. General obligation bonds issued to fund construction projects
1. An allocation from the general fund equivalent to one percent (1%) of the preceding five-year average of net proceeds of general obligation bonds issued to fund construction project(s) not initially funded with commercial paper bond anticipation notes shall be set aside and made available to fund multimodal infrastructure projects by the end of the following calendar quarter, subject to annual appropriations.
2. If a construction project is initially funded through the metropolitan government's commercial paper program with bond anticipation notes, an allocation from the general fund equivalent to one percent (1%) of the preceding five-year average net expenditures spent to fund such construction projects each calendar quarter shall be set aside and made available to fund multimodal infrastructure projects by the end of the following calendar quarter, subject to annual appropriations.
3. Proceeds so made available may be expended, in conformance with existing agreements and state and federal law, toward the installation, operation, or maintenance of multimodal infrastructure projects and structures within the public right-of-way, as prescribed by NDOT. If funds are made available with respect to a construction project funded through the commercial paper program as outlined in this section, then no set-aside equivalent to one percent (1%) of any general obligation bond net proceeds shall be permitted as provided in Subsection B. 1 to fund multimodal infrastructure projects.
4. If an allocation pursuant to subsection B.1 or B.2 above is insufficient to fund a particular multimodal infrastructure project, proceeds so set aside or made available may, in conformance with applicable state and federal law, accumulate until they are sufficient to fund such project(s).
5. In addition to allocations based upon general obligation bond funds and commercial paper program funds, donations from private persons or entities and state or federal monies may be expended on multimodal infrastructure projects in accordance with guidelines provided by NDOT. No part of the general fund reserve fund of the general services district may be used to finance multimodal infrastructure projects.
5.09.030 - Allocation of funding
Funding derived from the sources identified in Section 5.09.020 which is deposited, set aside, and made available to fund multimodal infrastructure projects shall be allocated, subject to annual appropriations, to fund initiatives by the Metropolitan Government through NDOT.
5.09.040 - Funding cap
The annual amount of funding derived from the sources identified in Section 5.09.020 to be deposited, set aside, and made available to fund multimodal infrastructure projects shall not exceed one million five hundred thousand dollars ($1,500,000) per fiscal year. Should the funding generated from the sources identified in Section 5.09.020 exceed this cap in any fiscal year, the surplus funds shall be restored to the general fund.
5.09.050 Duties of NDOT.
The Nashville Department of Transportation and Multimodal Infrastructure shall:
A. Adopt guidelines, which shall include criteria to determine eligible multimodal infrastructure projects in response to roadway fatalities and injuries and a method to select which projects receive funding.
B. Acting through the department of finance, division of purchasing, commission the design, execution and/or placement of multimodal infrastructure projects designed to quickly address bicycle and pedestrian safety hazards.
C. Submit proposed projects to the Bicycle and Pedestrian Advisory Commission and the Vision Zero Advisory Committee, as established by NDOT, for non-binding recommendations regarding their design, execution and/or priority. No proposed project may proceed until the Bicycle and Pedestrian Advisory Commission and the Vision Zero Advisory Committee, as established by NDOT, provide recommendations about the proposed projects or 30 days have elapsed since NDOT submitted the proposed projects for review.
D. Require that any proposed project receive prior approval of the director of finance as to availability of funds, the NDOT director, and approval by resolution of the metropolitan council of funds appropriate to cover such operation and maintenance expenses as required by law.
E. Promulgate rules and regulations consistent with this ordinance to facilitate the implementation of its responsibilities hereunder, which rules and regulations shall be approved by a resolution approved by a majority of the metropolitan council.
5.09.060 - Sunset provision.
The provisions of this chapter shall expire and be null and void on June 30, 2029 (“sunset date") unless extended by resolution of the metropolitan council. This provision is included to ensure that the effectiveness and necessity of this chapter is reviewed by the metropolitan council after its adoption. If the provisions of this chapter are not extended by resolution of the metropolitan council before the sunset date, no funding allocations shall be deposited, set aside, or made available to fund multimodal infrastructure projects after the sunset date. This sunset provision shall not operate to terminate any existing grant agreement in effect as of the sunset date.
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.