Metropolitan Nashville and Davidson County, TN - File #: BL2023-76

• File #: BL2023-76
• Type: Bill (Ordinance)
• Status: Passed
• File created: 10/6/2023
• In control: Metropolitan Council
• On agenda: 11/21/2023
• Final action: 11/21/2023
• Title: An ordinance authorizing Newco Arc, LLC to construct and install underground encroachments at 223 4th Avenue North (Proposal No. 2023M-010EN-001).
• Sponsors: Jacob Kupin, Sean Parker

Date	Action By	Action
11/22/2023	Mayor	approved
11/21/2023	Metropolitan Council	passed on third reading
11/7/2023	Metropolitan Council	passed on second reading
11/6/2023	Transportation and Infrastructure Committee	approved
11/6/2023	Planning and Zoning Committee	approved
10/17/2023	Metropolitan Council	passed on first reading
10/10/2023	Metropolitan Council	filed
7/12/2023	Planning Commission	approved

title
An ordinance authorizing Newco Arc, LLC to construct and install underground encroachments at 223 4th Avenue North (Proposal No. 2023M-010EN-001).
body
WHEREAS, Newco Arc, LLC plans to construct, install and maintain underground encroachments, under Proposal No. 2023M-010EN-001, at 223 4th Avenue North; and,
WHEREAS, Proposal No. 2023M-010EN-001 is comprised of installation of a private grease interceptor vault and associated inlet/outlet lines in the western sidewalk, encroaching the public right-of-way on property located at 223 4th Avenue North; and,
WHEREAS, Newco Arc, LLC, has 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 underground encroachments, as set forth in the License Agreement for Private Encroachments Into the Public Right of Way, attached hereto as "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, Newco Arc, LLC is hereby granted the privilege to construct and maintain said underground encroachment under Proposal No. 2023M-010EN-001 in accordance with the plans which are on file in the office of the Director of the Nashville Department of Transportation and Multimodal Infrastructure ("NDOT") (formerly known as the "Metropolitan Department of Public Works"), and which are attached hereto as "Exhibit B" and incorporated by reference herein.
Secti...