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A resolution authorizing a supplemental agreement between the Metropolitan Government of Nashville and Davidson County acting by and through the Department of Water and Sewerage Services, hereinafter called the “Licensee,” and CSX TRANSPORTATION, INC. hereinafter called “Licensor” to abandon a casing pipe and to construct, use and maintain sanitary sewer line in the railroad right-of-way along Hurricane Creek in Rutherford County. (MWS Project No. 11-SC-0116 and Proposal Number 2020M-009AG-002)
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WHEREAS, RS2020-381 approved a facility encroachment agreement between the Metropolitan Department of Water and Sewerage Services (“Licensee”) and CSX TRANSPORTATION (“Licensor”) for one, eight-inch pipeline crossing; and,
WHEREAS, Licensee desires to abandon one, 16-inch casing pipe and cause to be constructed, use and maintain, one, eight-inch diameter sub-grade pipeline crossing, within a 24-inch pipe within a 42-inch casing, solely for the conveyance of raw/treated sewage water over, under, or across property, tracks, and right-of-way owned or controlled by Licensor, pursuant to the terms of the Supplemental Agreement (CSX904278), attached hereto in substantial form as Exhibit 1; and,
WHEREAS, Ordinance No. O98-1393 authorized The Metropolitan Government of Nashville and Davidson County to enter these types of agreements with CSX for water and sewer line construction by resolution; and,
WHEREAS, Licensee shall pay Licensor a one-time, nonrefundable Encroachment Fee of Five Thousand One Hundred and 00/100 Dollars ($5,100.00), upon execution of this contract; and,
WHEREAS, approval of this agreement 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 Supplemental Agreement, attached hereto in substantial form as Exhibit 1 and incorporated herein by reference, is hereby approved, and that the Metropolitan Mayor is authorized to execute the same.
Section 2. Any amendments, renewals, or extension of the terms of the agreement 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 a supplemental agreement between the Department of Water and Sewerage Services (“Metro Water”) and CSX Transportation, Inc. (“CSXT”) to abandon a casing pipe and to contract, use, and maintain sanitary sewer line in the railroad right of way along Hurricane Creek in Rutherford County.
The supplemental agreement replaces an original agreement between Metro Water and CSXT dated March 23, 2020, previously approved by RS2020-381. The original agreement gave Metro Water permission to construct and maintain one eight-inch sub-grade pipeline crossing for the conveyance of raw or treated sewage. The bore of the pipeline crossing was not successful, and Metro Water seeks to amend the agreement to perform a second bore in the same location.
The proposed supplemental agreement would abandon one 16-inch casing pipe and maintain one eight-inch diameter sub-grade pipeline crossing, within a 24-inch pipe within a 42-inch casing, solely for the conveyance of raw or treated sewage water.
Metro Water would pay a one-time, non-refundable fee of $5,100 to CSXT upon the execution of the contract.
Ordinance No. O98-1393 authorizes the Metropolitan Government to enter these types of agreements with CSX for water and sewer line construction by resolution.
Fiscal Note: The Metropolitan Government would pay an encroachment fee of $5,100 to CSX Transportation, Inc.