LEGISLATIVE HISTORY
ORDINANCE NO. BL2010-644
An ordinance authorizing Ace Hospitality Inc., d/b/a Spring Hill Suites and Residence Inn, to install, construct, and maintain an aerial and underground encroachment over the public sidewalk and over Alley No. 382 at 1800 and 1806 West End Avenue and at 1801 and 1807 Hayes Avenue (Proposal Number 2009M-015EN-001).
WHEREAS: Ace Hospitality Inc., d/b/a Spring Hill Suites and Residence Inn, requests to install, construct, and maintain an aerial and underground encroachment over the public sidewalk and over Alley No. 382 at 1800 and 1806 West End avenue and at 1801 and 1807 Hayes Avenue for “1800 West End Avenue Hotels” under proposal No. 2009M-015EN-001; and,
WHEREAS: Ace Hospitality Inc.’s plans for aerial encroachments include an aerial building connector over Alley No. 382 between West End Avenue and Hayes Street, major and minor building signs and canopies at West End Avenue, 18th Avenue, and Hayes Street; and,
WHEREAS: Ace Hospitality Inc.’s plans for underground encroachments include the installation of street trees in sidewalk tree wells and irrigation lines adjacent to West End Avenue, 18th Avenue, and Hayes Street; and,
WHEREAS: Ace Hospitality Inc. 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 encroachment under proposal No. 2009M-015EN-001.
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 contained herein and in the attached License Agreement Ace Hospitality Inc. is hereby granted the privilege to construct and maintain said aerial and underground encroachments under proposal No. 2009M-015EN-001, in accordance with the plans which are on file in the office of the Director of Public Works, and which are more particularly described by lines, words and figures on the attached sketches which are attached to and made a part of this ordinance.
SECTION 2. That the authority granted hereby for the construction, installation, operation, and maintenance of said encroachment under proposal No. 2009M-015EN-001 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 Ace Hospitality Inc.
SECTION 3. That plans and specifications for said encroachment under proposal No. 2009M-015EN-001 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 Ace Hospitality Inc.
SECTION 4. That construction and maintenance of said Ace Hospitality Inc.’s aerial and underground encroachments under proposal No. 2009M-015EN-001 shall be under the direction, 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 Ace Hospitality Inc. 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 judgment, 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 Metropolitan Government, Ace Hospitality Inc., its successors and assigns, shall remove said encroachment at their own expense.
SECTION 6. Ace Hospitality Inc. shall pay all cost incident to the construction, installation, operation and maintenance of said encroachment under proposal No. 2009M-015EN-001 and shall save and hold The Metropolitan Government of Nashville and Davidson County harmless from all suits, costs, claims, damages, or judgments in any way connected with the construction, installation, operation, and maintenance of said encroachments under proposal No. 2009M-015EN-001 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. Ace Hospitality Inc. shall be responsible for the expense, if any, of repairing and returning the right-of-way to the condition which it was in prior to the installation of said encroachment, and for any street closure.
SECTION 7. That the authority granted to Ace Hospitality Inc., 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. Ace Hospitality Inc. 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 two million ($2,000,000) dollars aggregate, for the payment of any judgment had on any claim, of whatever nature, made for actions or causes of action arising out of, or connected with, the construction or installation of said encroachments. 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 by Ace Hospitality Inc. of all provisions of this ordinance shall be determined by the beginning of work.
SECTION 10. The authority granted pursuant to this ordinance shall not become effective until the certificate of insurance, as required in Section 8, has been posted with the Department of Public Works.
SECTION 11. 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: Erica Gilmore
| LEGISLATIVE HISTORY |
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|---|---|
| Introduced: | March 2, 2010 |
| Passed First Reading: | March 2, 2010 |
| Referred to: | Planning Commission - Approved |
| Passed Second Reading: | March 16, 2010 |
| Passed Third Reading: | April 6, 2010 |
| Approved: | April 12, 2010 |
| By: | |