ORDINANCE NO. BL2012-267

An ordinance authorizing Nashville Downtown Partnership to install, construct and maintain underground and structural encroachments at various locations for bike kiosks (Proposal No. 2012M-019EN-001).

WHEREAS: Nashville Downtown Partnership plans to install, construct and maintain an underground and structural encroachment at Commerce Street and 2nd Avenue North, Deaderick Street and 5th Avenue North, 4th Avenue North and James Robertson Parkway, Church Street between 5th Avenue North and 4th Avenue North, 3rd Avenue North and Union Street, Victory Way at the base of the Pedestrian Street Bridge, 6th Avenue North and Union Street, 11th Avenue South/12th Avenue South, 16th Avenue South, 9th Avenue South and Demonbreun Street, Jefferson Street and Dr. D.B. Todd Boulevard, Wedgewood Avenue and 21st Avenue South, Hermitage Avenue and Middleton Street, 3rd Avenue North and Symphony Place at the base of the Pedestrian Street Bridge for bike kiosks, under Proposal No. 2012M-019EN-001; and

WHEREAS: Nashville Downtown Partnership 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 underground and structural encroachments under Proposal No. 2012M-019EN-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, and contained herein and in the attached License Agreement Nashville Downtown Partnership is hereby granted the privilege to construct and maintain said underground and structural encroachments under Proposal No. 2012M-019EN-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 underground and structural encroachments under Proposal No. 2012M-019EN-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 Nashville Downtown Partnership.

SECTION 3. That plans and specifications for said underground and structural encroachments under Proposal No. 2012M-019EN-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 Nashville Downtown Partnership.

SECTION 4. That construction and maintenance of said underground and structural encroachments by Nashville Downtown Partnership under Proposal No. 2012M-019EN-001 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 Nashville Downtown Partnership 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, Nashville Downtown Partnership, its successors and assigns, shall remove said encroachments at their own expense.

SECTION 6. Nashville Downtown Partnership, its successors and assigns, shall pay all costs incident to the construction, installation, operation and maintenance of underground and structural encroachments under Proposal No. 2012M-019EN-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 underground and structural encroachments 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. Nashville Downtown Partnership, its successors and assigns, shall be responsible for the expense, if any, of repairing and returning right-of-way to the condition, which it was in prior to the installation of, said underground and structural encroachments, and for any street closure.

SECTION 7. That the authority granted to Nashville Downtown Partnership 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. Nashville Downtown Partnership shall be and is hereby required to furnish The Metropolitan Government of Nashville and Davidson County a certificate of commercial general 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, installation, operation and maintenance of said encroachment. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to Metro. 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 Nashville Downtown Partnership 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, Peter Westerholm, Sandra Moore

Attachment(s) on file in the Metropolitan Clerk's Office

LEGISLATIVE HISTORY
Introduced:	October 2, 2012
Passed First Reading:	October 2, 2012
Referred to:	Planning Commission - Approved Public Works Committee Traffic, Parking & Transportation Committee Planning & Zoning Committee
Passed Second Reading:	October 16, 2012
Passed Third Reading:	November 13, 2012
Approved:	November 14, 2012
By: