BILL NO. BL99-11

ORDINANCE NO. BL99-11

An ordinance authorizing Vanderbilt University to construct, install, and maintain two 6" chiller water lines (one supply and one return) at a depth of 24" below grade within Capers Avenue right-of-way to connect parcels 530 (Lewis Hall) and 541 (Blair School of Music) on Tax Map 104-07, (Proposal No. 99M-128U-10), all of which is more particularly described herein.

WHEREAS: Vanderbilt University plans to construct, install and maintain two 6" chiller water lines (one supply and one return) at a depth of 24" below grade within Capers Avenue right-of-way to connect parcels 530 (Lewis Hall) and 541 (Blair School of Music) on tax map 104-07;

WHEREAS: Vanderbilt University 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 water lines; 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, Vanderbilt University is hereby granted the privilege to construct and maintain two 6" chiller water lines, 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 the water lines 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 Vanderbilt University.

SECTION 3. That plans and specifications for said water lines 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 Vanderbilt University.

SECTION 4. That construction and maintenance of said water lines 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 Vanderbilt University, 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, Vanderbilt University, its successors and assigns, shall remove said water lines at their own expense.

SECTION 6. Vanderbilt University shall pay all cost incident to the construction, installation, operation and maintenance of said water lines 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 water lines 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. Vanderbilt University shall be responsible for the expense, if any, of repairing and returning Capers Avenue to the condition which it was in prior to the installation of said water lines and for any street closure.

SECTION 7. That the authority granted to Vanderbilt University 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. Vanderbilt University 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 water lines. 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 Vanderbilt University, 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:	October 5, 1999
Passed First Reading:	October 5, 1999
Referred to:	Planning Commission - Approved 8-0 (9/16/99) Public Works Committee Planning & Zoning Committee
Passed Second Reading:	October 19, 1999
Passed Third Reading:	November 16, 1999
Approved:	November 18, 1999
By: