File #: RS2023-34   
Type: Resolution Status: Passed
File created: 8/11/2023 In control: Metropolitan Council
On agenda: 10/3/2023 Final action: 10/3/2023
Title: A resolution authorizing Nashville Urban Venture, LLC to construct and install an aerial encroachment at 607 Overton Street. (Proposal No. 2023M-004EN-001.)
Sponsors: Jacob Kupin, John Rutherford, Sean Parker
Attachments: 1. Exhibit
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A resolution authorizing Nashville Urban Venture, LLC to construct and install an aerial encroachment at 607 Overton Street. (Proposal No. 2023M-004EN-001.)

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WHEREAS, Nashville Urban Venture, LLC, plans to construct, install and maintain an aerial encroachment, under Proposal No. 2023M-004EN-001, at 607 Overton Street; and,

WHEREAS, Proposal No. 2023M-004EN-001 is comprised of four 17 square foot window awnings and six light fixtures, encroaching the public right-of-way on property located at 607 Overton Street; and,

WHEREAS, Nashville Urban Venture, 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 aerial encroachment, 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 ?13.16.030(A) allows the Council of the Metropolitan Government of Nashville and Davidson County to grant encroachments, permits, or privileges to construct, maintain and/or operate aerial cables, canopies, etc., over and/or across sidewalks and public rights-of-way by resolution adopted by twenty-one (21) affirmative votes.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That subject to the requirements, limitations and conditions contained herein, Nashville Urban Venture, LLC is hereby granted the privilege to construct and maintain said aerial encroachment under Proposal No. 2023M-004EN-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 refe...

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