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An ordinance authorizing James and Candace Higgins to construct and install aerial, underground, and above ground encroachments at 630 Division Street (Proposal No. 2023M-015EN-001).
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WHEREAS, James and Candace Higgins, plan to construct, install and maintain aerial, and underground, and above ground encroachments, under Proposal No. 2023M-015EN-001, at 630 Division Street; and,
WHEREAS, Proposal No. 2023M-015EN-001 is comprised of the installation of proposed awning, cast-in-place site wall, fall protection railing, concrete planter boxes, and bicycle parking, encroaching the public right-of-way on property located at 630 Division Street; and,
WHEREAS, James and Candace Higgins, have agreed to indemnify and hold the Metropolitan Government of Nashville and Davidson County harmless of any and all claims for damages of every nature and kind resulting from or arising from the installation of said aerial and underground encroachments, as set forth in the License Agreement for Private Encroachments Into the Public Right of Way, attached hereto a "Exhibit A", and incorporated by reference herein; and,
WHEREAS, Metropolitan Code of Laws ? 13.08.030 allows the Council of the Metropolitan Government of Nashville and Davidson County to, by ordinance, grant encroachments, permits or privileges to construct, install, operate and/or maintain an encroachment in, on, over, or under any street, road, alley, sidewalk, or other public way.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That subject to the requirements, limitations and conditions contained herein, James and Candace Higgins are hereby granted the privilege to construct and maintain said aerial, and underground, and above ground encroachments under Proposal No. 2023M-015EN-001, in accordance with the plans which are on file in the office of the Director of the Nashville Department of Transportation and Multimodal Infrastructu...
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