BILL NO. BL2000-568

ORDINANCE NO. BL2000-568

An ordinance authorizing Twenty One Management LLC to construct, install, and maintain an awning over the sidewalk at 300 Second Avenue South, with poles located within the sidewalk; and four architectural pole mounted lights within the Second Avenue South right of way (Proposal No. 2000M-088U-09), all of which is more particularly described herein.

WHEREAS: Twenty One Management LLC plans to construct, install and maintain an awning over the sidewalk at 300 Second Avenue South, with poles located within the sidewalk; and four architectural pole mounted lights within the Second Avenue South right of way;

WHEREAS: Twenty One Management 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 growing out of the installation of said facilities; and

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, Twenty One Management LLC is hereby granted the privilege to construct and maintain an awning encroaching 8 feet over the public sidewalk at a height of 10'2" at 300 Second Avenue South, measuring 10 feet wide by 3 feet in height, with poles located within the sidewalk at a distance of 16" to 18" from the curb; and four architectural, pole mounted lights within the Second Avenue South right of way with a maximum height of 13 feet at a distance of 18" from the curb, in accordance with the plans which are on file in the office of the Director of Public Works, and which, by reference, are made a part of this Ordinance.

SECTION 2. That the authority granted hereby for the construction, installation, operation, and maintenance of these facilities 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 of Twenty One Management LLC.

SECTION 3. That plans and specifications for said facilities shall be submitted to the Director of Public Works of The Metropolitan Government of Nashville and Davidson County for approval before any work is begun; and all work, material, and other details of said installation shall be approved by the Director of Public Works prior to its use by Twenty One Management LLC.

SECTION 4. That construction and maintenance of said facilities shall be under the direction and supervision and control of the Director of Public Works, and its installation, when completed, must be approved by said Director.

SECTION 5. That this Ordinance confers upon Twenty One Management LLC, a privilege and not a franchise, and the Mayor and the Metropolitan Council herein expressly reserve the right to repeal this Ordinance, whenever, in their judgement, a repeal may be demanded by public welfare, and such repeal shall confer no liability on The Metropolitan Government of Nashville and Davidson County, its successors and assigns, by reason of said repeal. In the event of such repeal by said Metropolitan Government, Twenty One Management LLC, its successors and assigns, shall remove said facilities at their own expense.

SECTION 6. Twenty One Management LLC shall pay all cost incident to the construction, installation, operation and maintenance of said facilities and shall save and hold The Metropolitan Government of Nashville and Davidson County harmless from all suits, costs, claims, damages or judgements in any way connected with said construction, installation, operation and maintenance of said facilities and shall not claim, set up or plead, as a defense, in the event of joint liability, with or without suit, that it and the Metropolitan Government were joint wrongdoers. Twenty One Management LLC shall be responsible for the expense, if any, of repairing and returning the site to the condition which it was in prior to the installation of said facilities and for any street closure.

SECTION 7. That the authority granted to Twenty One Management LLC as herein described, shall not in any way interfere with the rights of the Metropolitan Government, its agents, servants, and/or contractors and utility companies, operating under franchise from the Metropolitan Government to enter, construct, operate, maintain, repair, rebuild, enlarge, and patrol its now existing or future utilities, including drainage facilities, together with their appurtenances, and to do any and all things necessary and incidental thereto.

SECTION 8. Twenty One Management LLC shall be and it is hereby required to furnish The Metropolitan Government of Nashville and Davidson County a certificate of public liability insurance, naming the Metropolitan Government as an insured party, of at least three hundred thousand ($300,000) dollars aggregate, for the payment of any judgement had on any claim, of whatever nature, made for actions or causes of action arising out of, or connected with, the construction of installation of said facilities. Said certificate of insurance shall be filed with the Metropolitan Clerk prior to the granting of a permit, and the insurance required herein shall not be canceled without the insurance company or companies first giving thirty (30) days written notice to The Metropolitan Government of Nashville and Davidson County.

SECTION 9. That said construction shall be carefully guarded and protected and shall be completed promptly, so as to cause the least inconvenience to the public. The acceptance of Twenty One Management LLC, of all provisions of this Ordinance shall be determined by the beginning of work.

SECTION 10. That this Ordinance shall take effect immediately after its adoption, and after the posting of the insurance required in Section 8, with the Metropolitan Clerk, the public welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

LEGISLATIVE HISTORY
Introduced:	December 5 , 2000
Passed First Reading:	December 5 , 2000
Referred to:	Planning Commission - Approved 6-0 (10/12/00) Public Works Committee Planning & Zoning Committee
Passed Second Reading:	December 19 , 2000
Passed Third Reading:	January 16, 2001
Approved:	January 24, 2001
By: