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A resolution authorizing The Metropolitan Government of Nashville and Davidson County, acting by and through Metro Water Services, to enter into three Facility Encroachment Agreements with CSX TRANSPORTATION, INC. to construct, use and maintain fiber optics, wirelines, natural gas and water main in the railroad right-of-way at 61 Edenwold Road, in Davidson County, (Project No. 21-SC-0227 and Proposal No. 2025M-045AG-001).
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WHEREAS, The Metropolitan Government of Nashville and Davidson County, through Metro Water Services (“Licensee”) desires to construct, or cause to be constructed, use and maintain, two fiber optics parallel and four wirelines parallel solely for transmission of voice communication or other data and electrical power over, under, or across property owned or controlled by CSX TRANSPORTATION, INC. (“Licensor”), pursuant to the terms of the Facility Encroachment Agreement (CSX1037297), attached hereto in substantial form as Exhibit 1, and,
WHEREAS, The Metropolitan Government of Nashville and Davidson County, through Metro Water Services (“Licensee”) also desires to construct, or cause to be constructed, use and maintain, one 4 inch diameter sub-grade pipeline solely for the conveyance of natural gas over, under, or across property owned or controlled by CSX TRANSPORTATION, INC. (“Licensor”), pursuant to the terms of the Facility Encroachment Agreement (CSX1039236), attached hereto in substantial form as Exhibit 2, and,
WHEREAS, The Metropolitan Government of Nashville and Davidson County, through Metro Water Services (“Licensee”) also desires to construct, or cause to be constructed, use and maintain, one 12-inch diameter sub-grade pipeline solely for the transmission of potable water over, under, or across property owned or controlled by CSX TRANSPORTATION, INC. (“Licensor”), pursuant to the terms of the Facility Encroachment Agreement (CSX1039237), attached hereto in substantial form as Exhibit 3, and,
WHEREAS, Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee of Three Hundred Twenty Thousand Six Hundred Eighty-Eight Hundred Dollars for CSX1037297 ($320,688.00), a one-time nonrefundable Encroachment Fee of Thirteen Thousand Five Hundred Dollars for CSX1039236 ($13,500.00) and a one-time nonrefundable Encroachment Fee of Fourteen Thousand Nine Hundred Sixty Dollars for CSX1039237 ($14,960.00), totaling Three Hundred Forty-Nine Thousand One Hundred Forty-Eight Dollars ($349,148.00) upon execution of these contract; and,
WHEREAS, approval of these agreements will benefit the citizens of The Metropolitan Government of Nashville and Davidson County.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. The Facility Encroachment Agreements, attached hereto in substantial form as Exhibits 1, 2, and 3 and incorporated herein by reference, are hereby approved, and that the Metropolitan Mayor is authorized to execute the same.
Section 2. Any amendments, renewals, or extension of the terms of these agreements may be approved by resolution of the Metropolitan Council.
Section 3. That this resolution shall take effect from and after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This resolution authorizes the Metropolitan Department of Water and Sewerage Services (“MWS”) to enter into three facility encroachment agreements with CSX Transportation, Inc. (“CSX”), to construct, use, and maintain fiber optics, wirelines, natural gas, and water mains in the railroad right-of-way at 61 Edenwold Road.
The first agreement allows MWS to construct, use, and maintain two fiber optics and four wirelines solely to transmit voice communication, other data, and electrical power over, under, and across property owned or controlled by CSX. MWS would pay a one-time nonrefundable encroachment fee of $320,688 as part of the contract.
The second agreement allows MWS to construct, use, or maintain one sub-grade pipeline four inches in diameter solely to convey natural gas over, under, and across property owned or controlled by CSX. MWS would pay a one-time nonrefundable encroachment fee of $13,500 as part of the contract.
The second agreement allows MWS to construct, use, or maintain one sub-grade pipeline 12 inches in diameter solely to convey potable water over, under, and across property owned or controlled by CSX. MWS would pay a one-time nonrefundable encroachment fee of $14,960 as part of the contract.
In total, MWS will pay CSX $349,148 in one-time, nonrefundable encroachment fees as part of the agreements.
Fiscal Note: Metro Water Services will pay an encroachment fee to CSX Transportation, Inc. (“CSX”) in the amount of $349,148 for three facility encroachment agreements, allowing for the construction, use, and maintenance of the fiber optics, wirelines, natural gas and water main in the railroad right-of-way at 61 Edenwold Road.