ORDINANCE NO. BL2014-981

An Ordinance authorizing Carillon Apartments, LLC, to install, construct and maintain two underground encroachments in the right-of-way on 4th Avenue North and Jefferson Street (Proposal No. 2014M-014EN-001).

WHEREAS: Carillon Apartments, LLC, plans to install, construct and maintain two underground encroachments for an irrigation line to serve plantings encroaching the public right-of-way along 4th Avenue North and Jefferson Street under Proposal No. 2014M-014EN-001; and

WHEREAS: Carillon Apartments, LLC, has represented to The Metropolitan Government of Nashville and Davidson County of Nashville and Davidson County that this will consist of two underground electrical transformer vaults as a public utility; and

WHEREAS: Carillon Apartments, LLC, 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 encroachments under Proposal No. 2014M-014EN-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, Carillon Apartments, LLC, is hereby granted the privilege to construct and maintain said underground encroachments under Proposal No. 2014M-014EN-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 encroachments under Proposal No. 2014M-014EN-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 Carillon Apartments, LLC.

SECTION 3. That plans and specifications for said underground encroachment under Proposal No. 2014M-014EN-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 Carillon Apartments, LLC.

SECTION 4. That construction and maintenance of said encroachments by Carillon Apartments, LLC, under Proposal No. 2014M-014EN-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 Carillon Apartments, LLC, 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, Carillon Apartments, LLC, its successors and assigns, shall remove said encroachment at their own expense.

SECTION 6. Carillon Apartments, LLC, its successors and assigns, shall pay all costs incident to the construction, installation, operation and maintenance of underground encroachments under Proposal No. 2014M-014EN-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 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. Carillon Apartments, LLC, 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 encroachments, and for any street closure.

SECTION 7. That the authority granted to Carillon Apartments, LLC, 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. Carillon Apartments, LLC, shall be and it 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 Carillon Apartments, LLC, 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

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LEGISLATIVE HISTORY
Introduced:	December 2, 2014
Passed First Reading:	December 2, 2014
Referred to:	Planning Commission - Approved Public Works Committee Planning & Zoning Committee
Passed Second Reading:	December 16, 2014
Passed Third Reading:	January 6, 2015
Approved:	January 7, 2015
By: