A resolution authorizing the Metropolitan Mayor, or his designee, to enter into a Water Line Supplemental Agreement No. CSX-035898, with CSX Transportation, allowing The Department of Water and Sewerage Services to construct and maintain water lines in the railroad right-of-way located at the Crossing of Antioch Pike, 3245 feet East from Railroad Milepost #3. Metro Project No. 98-WG-4B.

WHEREAS, CSX Transportation owns and maintains railroad tracks in Davidson County and some surrounding counties; and

WHEREAS, the Metropolitan Department of Water and Sewerage Services needs to construct a water line in the existing railroad right-of-way located in the vicinity of Antioch Pike; and

WHEREAS, CSX Transportation proposes to permit the Metropolitan Department of Water and Sewerage Services to construct water lines in the right-of-way in connection with Project No. 98-WG-4B pursuant to the terms of Supplemental Agreement No. CSX-035898, as attached hereto as Exhibit A; and

WHEREAS, Metropolitan Ordinance No. 98-1393 authorizes all future CSX Transportation license agreements concerning the use of railroad rights-of-way for water and sewer line construction to be approved by resolution; and

WHEREAS, the underlying work by the Department of Water and Sewerage Services is identified in the Metropolitan Government’s Capitol Improvements Budget No. 01WG0004; and

WHEREAS, the Metropolitan Government entered into the existing agreement regarding this site on June 19, 1999, and that this is the first Supplemental Agreement thereto.

NOW, THEREFORE, BE IT RESOLVED 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 Supplemental Agreement No. CSX-035898, a copy of which is attached hereto as Exhibit A.

SECTION 2: That this Resolution shall take effect from and after it adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.