ORDINANCE NO. BL2015-1141

An ordinance authorizing Nashville Urban Venture, LLC, to install, construct, and maintain an underground encroachment within the public sidewalk of 11th Avenue South (Proposal No. 2015M-012EN-001).

WHEREAS: Nashville Urban Venture, LLC, requests to install, construct, and maintain an underground encroachment within the public sidewalk of 11th Avenue South for “Gulch Crossing” under Proposal No. 2015M-012EN-001; and

WHEREAS: plans of Nashville Urban Venture, LLC, for underground encroachments include the garage entry sign located on 11th Avenue South from Laurel Street to Demonbreun; and

WHEREAS: Nashville Urban Venture, 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 encroachment under Proposal No. 2015M-012EN-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, Nashville Urban Venture, LLC, is hereby granted the privilege to construct and maintain said underground encroachments under Proposal No. 2015M-012EN-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. 2015M-012EN-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 Urban Venture, LLC.

SECTION 3. That plans and specifications for said encroachment under Proposal No. 2015M-012EN-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 Urban Venture, LLC.

SECTION 4. That construction and maintenance of said Nashville Urban Venture, LLC, underground encroachments under Proposal No. 2015M-012EN-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 Nashville Urban Venture, 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, Civil Site Design Group, its successors and assigns, shall remove said encroachment at their own expense.

SECTION 6. Nashville Urban Venture, LLC shall pay all costs incident to the construction, installation, operation and maintenance of said encroachment under Proposal No. 2015M-012N-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. 2015M-012EN-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. Nashville Urban Venture, LLC, 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 Nashville Urban Venture, 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. Nashville Urban Venture, LLC, 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 Nashville Urban Venture, 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

If you would like a copy of the attachment to any ordinance or resolution, please email your request to the Metro Clerk's Office at metro.clerk@nashville.gov

LEGISLATIVE HISTORY
Introduced:	May 19, 2015
Passed First Reading:	May 19, 2015
Referred to:	Planning Commission - Approved Public Works Committee Planning & Zoning Committee
Passed Second Reading:	June 2, 2015
Passed Third Reading:	June 9, 2015
Approved:	June 10, 2015
By: