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An ordinance authorizing the State of Tennessee to construct, install, and maintain underground encroachments at 301 6th Avenue North and 320 6th Avenue North (Proposal No. 2025M-012EN-001).
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WHEREAS, the State of Tennessee plans to construct, install, and maintain underground cable conduits, encroaching into the public right-of-way at 301 6th Avenue North and 320 6th Avenue North; 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, the State of Tennessee 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 underground encroachments, 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, the State of Tennessee is hereby granted the privilege to construct and maintain underground encroachments as described in Proposal No. 2025M-012EN-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 underground encroachments under Proposal No. 2025M-012EN-001 shall not be construed as a surrender by the Metropolitan Government of its rights or power to ...
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