ORDINANCE NO. O98-1364

ENACTED 10/06/1998

ORDINANCE NO. O98-1364

AN ORDINANCE AUTHORIZING THE METROPOLITAN MAYOR TO ENTER INTO A WATER OR SEWER LINE AGREEMENT WITH THE NASHVILLE AND EASTERN RAILROAD CORPORATION ALLOWING THE DEPARTMENT OF WATER AND SEWERAGE SERVICES TO CONSTRUCT AND MAINTAIN WATER AND SEWER LINES IN THE RAILROAD RIGHT-OF-WAY LOCATED WEST OF OLD HICKORY BLVD. AT SHUTE LANE, ON PROJECT NO. 94-SG-65 AND AUTHORIZING APPROVAL OF ALL FUTURE NASHVILLE AND EASTERN RAILROAD CORP. LICENSE AGREEMENTS BY RESOLUTION.

WHEREAS, the Nashville and Eastern Railroad Corporation ("N&E") owns and maintains railroad tracks in Davidson County; and

WHEREAS, the Metropolitan Department of Water and Sewerage Services (the "Department") needs to construct water and sewer lines in existing railroad rights-of-way west of Old Hickory Boulevard at Shute Lane for Project No. 94-SG-65 (the "Project"); and

WHEREAS, N&E proposes to permit the Department to construct water and sewer lines in railroad rights-of-way in connection with the Project pursuant to the terms of the agreement (the "Agreement") attached to this Ordinance as Exhibit A; and

WHEREAS, funding for the Project is included in the Capital Budget as No. 96SG0015.

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

SECTION 1. That the Metropolitan Mayor or his designee is hereby authorized to execute the Agreement.

SECTION 2. That amendments to the Agreement and future agreements with N&E concerning use of railroad rights-of-way for water and sewer line construction may be approved by Resolution.

SECTION 3. That this ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Eileen Beehan & Leo Waters