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An ordinance authorizing Tennessee State University to construct and install an aerial and above ground encroachment at 3100 John A. Merritt Boulevard (Proposal No. 2024M-015EN-001).
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WHEREAS, Tennessee State University plans to construct, install, and maintain a gateway entrance monument that consists of columns with a connecting arch, encroaching into the public right-of-way at 3100 John A. Merritt Boulevard; and,
WHEREAS, as set forth in the License Agreement for Encroachments By State Entities Into the Public Right of Way, attached hereto as "Exhibit A", and incorporated by reference herein, Tennessee State University has agreed to assume responsibility for claims, damages, losses or costs that arise from its acts or omissions in relation to its use of said aerial and above ground encroachment, subject to the limitations of the Tennessee Claims Commission Act; 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, Tennessee State University is hereby granted the privilege to construct and maintain an aerial and above ground encroachment as described in Proposal No. 2024M-015EN-001, in accordance with the plans on file in the office of the Director of the Nashville Department of Transportation and Multimodal Infrastructure ("NDOT"), and attached hereto as Exhibit B.
Section 2. That the authority granted hereby for the construction, installation, operation, and maintenance of said aerial and above ground encroachment under Proposal No. 2024M-015EN-001 shall not be construe...
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