ORDINANCE NO. BL2013-361

An Ordinance authorizing the Convention Center Authority for the Music City Center to install, construct, and maintain underground and aerial encroachments in the right-of-way of 5th Avenue South, 6th Avenue South, and Demonbreun Street (Proposal No. 2012M-022EN-001).

WHEREAS, The Convention Center Authority for the Music City Center Project, plans to install, construct, and maintain underground and aerial encroachments in the right-of-way of 5th Avenue South, 6th Avenue South, and Demonbreun Street under proposal No. 2012M-022EN-001; and,

WHEREAS, The Convention Center Authority for the Music City Center Project, plans to install, construct, and maintain underground encroachments in the right-of-way under 6th Avenue South and Demonbreun Street which includes a tunnel under 6th Avenue South connecting the east and west points of the Music City Center and providing access to the Bridgestone Arena with approximate dimensions 50 feet x 31.11 feet x 56.28 feet x 62.95 feet, and a portion of a mechanical room 20.64 feet x 31.5 feet; and a tunnel under Demonbreun Street for access to the Bridgestone Arena in a new right-of-way dedication with approximate dimensions 14.06 feet x 37.50 feet x 63.64 feet and 3.99 feet, as shown on Exhibit E.01 under proposal No. 2012M-022EN-001; and,

WHEREAS, The Convention Center Authority for the Music City Center Project, plans to install, construct, and maintain an aerial encroachment in the right-of-way over 6th Avenue South which includes a building over 6th Avenue South, with approximate dimensions 50 feet x 660 feet as shown on Exhibit E.01, under proposal No. 2012M-022EN-001; and

WHEREAS, The Convention Center Authority for the Music City Center Project, plans to install, construct, and maintain an aerial encroachment over a portion the right-of-way of 5th Avenue South, which includes entry canopy with approximate dimensions 19.61 feet x 15.52 feet wide as shown on Exhibit E.01, under proposal No. 2012M-022EN-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, the Convention Center Authority is hereby granted the privilege to construct and maintain said encroachment under proposal No. 2012M-022EN-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 herein for the construction, installation, operation, and maintenance of said encroachments under proposal No. 2012M-022EN-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 sole expense of the Music City Center.

SECTION 3. That plans and specifications for said encroachments, under proposal No. 2010M-022EN-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 the Music City Center.

SECTION 4. That construction and maintenance of said Music City Center, under proposal No. 2012M-022EN-001, shall be under the direction, supervision, and control of the Director of Public Works, and its installation, when completed, must be approved by the Director.

SECTION 5. That this Ordinance confers upon the Music City Center 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. In the event of such repeal by Metropolitan Government, the Music City Center, its successors and assigns, shall remove said encroachment at their own expense.

SECTION 6. The Music City Center, its successors and assigns, shall pay all cost incident to the construction, installation, operation, and maintenance of encroachments under proposal No. 2012M-022EN-001. The Music City Center, its successors and assigns, shall be responsible for the expense, if any, of repairing and returning right-of-way to the condition, in which it was prior to the installation of, said encroachment, and for any related street closure.

SECTION 7. That the authority granted to the Music City Center, 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. 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 the Music City Center of all provisions of this Ordinance shall be determined by the beginning of work.

SECTION 9. 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, Jason Potts

LEGISLATIVE HISTORY
Introduced:	February 5, 2013
Passed First Reading:	February 5, 2013
Referred to:	Planning Commission - Approved Public Works Committee Planning & Zoning Committee
Passed Second Reading:	February 19, 2013
Passed Third Reading:	March 5, 2013
Approved:	March 8, 2013
By: