An ordinance amending section 13.20.030 of the Metropolitan Code of Laws pertaining to obstructions, excavations, right-of-way closures, and meter occupancies.

WHEREAS, the Public Works Department has determined that costs to the Metropolitan Government for issuing permits and monitoring performance under permits for obstructions, excavations, right-of-way closures, and meter occupancies are greater than the current fees for those permits; and,

WHEREAS, the Public Works Department wishes to simplify the fee structure for right-of-way closure permits and fees, reduce the availability of discretionary waivers thereof, and eliminate annual permits.

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

Section 1. That Section 13.20.030 (D)(1) of the Metropolitan Code of Laws shall be and the same is hereby amended by deleting “ten linear meters (thirty-three linear feet)”
and substituting therein “fifty linear feet”, and by deleting “thirty-five dollars each” and substituting therein “fifty-five dollars ($55.00) each”.

Section 2. That Section 13.20.030 (E)(1) of the Metropolitan Code of Laws shall be and the same is hereby amended by deleting “ten dollars” and substituting therein “fifty-five dollars ($55.00)”.

Section 3. That Section 13.20.030 (E)(2) of the Metropolitan Code of Laws shall be and the same is hereby amended by deleting “one thousand dollars per year” and substituting therein “two thousand dollars per year”.

Section 4. That Section 13.20.030 (F) of the Metropolitan Code of Laws shall be and the same is hereby amended by deleting “seven dollars and fifty cents” and substituting therein “fifteen dollars”.

Section 5. That Section 13.20.030 (G)(1) of the Metropolitan Code of Laws shall be and the same is hereby amended by deleting the provision in its entirety, and substituting therein, referenced as Section 13.20.030 (G), “Right-of-Way Temporary Closure Permits and Fees. In addition to any other fees required by this chapter, permits requiring the temporary closure of any portion of the metropolitan government’s right-of-way shall be subject to the following fees: The fee for closure permits shall be fifty-five dollars ($55.00) for five or less days. Closures for longer than five days will be charged at the rate of $10.00 per day. Closures in excess of ninety days are prohibited unless approved by the director.”

Section 6. That Section 13.20.030 (G)(2) of the Metropolitan Code of Laws shall be and the same is hereby amended by deleting the provision in its entirety.

Section 7. That Section 13.20.030 (H)(1) of the Metropolitan Code of Laws shall be and the same is hereby amended by deleting “and their contractors.”

Section 8. That Section 13.20.030 (H) of the Metropolitan Code of Laws shall be and the same is hereby amended by deleting section 13.20.030 (H)(2) in its entirety, by renumbering Section 13.20.030(H)(3) as Section 13.20.030(H)(2), and renumbering Section 13.20.030(H)(4) as Section 13.20.030(H)(3).

Section 9. That this Ordinance shall take effect from and after its third and final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Ludye Wallace, Brenda Gilmore

LEGISLATIVE HISTORY
Introduced:	June 1, 2004
Passed First Reading:	June 1, 2004
Referred to:	Public Works Committee
Passed Second Reading:	June 15, 2004
Passed Third Reading:	June 24, 2004
Approved:	June 25, 2004
By: