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File #: RS2021-796    Version: 1 Name:
Type: Resolution Status: Passed
File created: 2/19/2021 In control: Metropolitan Council
On agenda: 3/2/2021 Final action: 3/2/2021
Title: A resolution authorizing The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Water and Sewerage Services, hereinafter called the "Licensee," to enter into a Facility Encroachment Agreement with CSX TRANSPORTATION, INC. hereinafter called "Licensor" to construct, use and maintain water main in the railroad right-of-way at Division Street, south of 7th Avenue South in Davidson County, (Project No. 20-WG-070 and Proposal No. 2021M-008AG-001).
Sponsors: Freddie OConnell, Kyonzte Toombs, Kathleen Murphy, Bob Nash
Attachments: 1. RS2021-796 Agreement
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A resolution authorizing The Metropolitan Government of Nashville and Davidson County, acting by and through the Department of Water and Sewerage Services, hereinafter called the "Licensee," to enter into a Facility Encroachment Agreement with CSX TRANSPORTATION, INC. hereinafter called "Licensor" to construct, use and maintain water main in the railroad right-of-way at Division Street, south of 7th Avenue South in Davidson County, (Project No. 20-WG-070 and Proposal No. 2021M-008AG-001).

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WHEREAS, Licensee desires to construct, or cause to be constructed, use and maintain, one 36 inch diameter sub-grade pipeline solely for the conveyance of potable water over, under, or across property owned or controlled by Licensor, pursuant to the terms of the Facility Encroachment Agreement (CSX915111), attached hereto in substantial form as Exhibit 1; and,

WHEREAS, Ordinance No. O98-1393 authorized The Metropolitan Government of Nashville and Davidson County to enter these types of agreements with CSX for water and sewer line construction by resolution; and,

WHEREAS, Licensee shall pay Licensor a one-time nonrefundable License and Insurance Fee of Twenty-two Thousand Four Hundred and 00/100 Dollars ($22,400.00) upon execution of this contract; and,

WHEREAS, approval of this agreement will benefit the citizens of The Metropolitan Government of Nashville and Davidson County.

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

Section 1. The Facility Encroachment Agreement, attached hereto in substantial form as Exhibit 1 and incorporated herein by reference, is hereby approved, and that the Metropolitan Mayor is authorized to execute the same.

Section 2. Any amendments, renewals, or extension of the terms of the agreement may be approved by resolution of the Metropolitan Council.

Section 3. That this resolution shall take effect from and after its adoption, the welfare of the Metropolitan Governm...

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