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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 a Facility Encroachment Agreement with CSX TRANSPORTATION, INC. to construct, use and maintain water main in the railroad right-of-way near 16th Avenue North and Clinton Street in Davidson County, (Project No. 24-WC-0049 and Proposal No. 2026M-037AG-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, one eight-inch diameter sub-grade pipeline crossing, solely for the conveyance 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 (CSX 1059136), attached hereto in substantial form as Exhibit 1, and,
WHEREAS, Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee of Six Thousand, Seven Hundred Eighty and 00/100 Dollars ($6,780.00) 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 Facility Encroachment 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 this agreement or future water, sewer or stormwater projects 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 a facility encroachment agreement with CSX Transportation, Inc. (“CSX”).
The agreement allows NDOT to construct, use, and maintain one eight-inch (16”) diameter water main in the railroad right-of-way near 16th Avenue North and Clinton Street. MWS would pay a one-time nonrefundable encroachment fee of $6,780.
Fiscal Note: The Department of Water and Sewerage Services (“MWS”) will pay a one-time nonrefundable encroachment fee in the amount of $6,780 to CSX Transportation, Inc. to construct a one (1) eight-inch (8”) diameter sub-grade pipeline crossing for the conveyance of potable water.
MWS will be responsible for any cost incurred during and after the project’s construction.