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An ordinance authorizing Newco Arc, LLC to install, construct and maintain underground encroachments in the right of way located 221 4th Avenue North. (Proposal No. 2022M-015EN-001)
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WHEREAS, Newco Arc, LLC plans to install, construct and maintain underground encroachments in the right-of-way of 221 4th Avenue North, under proposal No. 2022M-015EN-001; 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 encroachments under proposal No. 2022M-015EN-001.
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 and in the attached License Agreement, Newco Arc, LLC is hereby granted the privilege to construct and maintain said encroachments under proposal No. 2022M-015EN-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"), and which are more particularly described by lines, words and figures on the attached sketches which are attached to and made a part of this Ordinance.
Section 2. That the authority granted hereby for the construction, installation, operation, and maintenance of said encroachments under proposal No. 2022M-015EN-001 shall not be construed as a surrender by the Metropolitan Government of its rights or power to pass resolutions or ordinances regulating the use of its streets, or the right of the Metropolitan Government through its legislative body, in the interest of public necessity and convenience to order the relocation of said facilities at the expense Newco Arc, LLC.
Section 3. That plans and specifications for said encroachments under proposal No. 2022M-015EN-001 shall be submitted to the D...
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