ORDINANCE NO. BL2016-235

ORDINANCE NO. BL2016-235

An ordinance amending Sections 13.20.030, 2.62.030, 2.62.040, 2.62.050, and Chapter 12.56 of the Metropolitan Code to increase fees for various services provided by the Metropolitan Department of Public Works to more accurately reflect that department’s cost of providing these services.

WHEREAS, the Department of Public Works (the Department) provides many valuable services to the public; and,

WHEREAS, the fees charged by the Department for various services are currently below the costs incurred by the Department for providing those same services; and,

WHEREAS, the fees charged for some of the services provided by the department have not been increased for periods of between twelve and twenty-seven years; and,

WHEREAS, with regard to some services provided by the Department, it is more costly to provide these services within an area to be defined and to be known as the Right of Way Permit High Impact Area than it is in other parts of the Metropolitan Government area because the amount of traffic (both vehicular and pedestrian) within the Right of Way Permit High Impact Area is significantly higher than it is in other areas; and,

WHEREAS, it is in the best interest of the Metropolitan Government to recover the full amount of the costs it incurs for the services it is providing.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That subsection 13.20.030.D.1. of the Metropolitan Government shall be and is hereby amended by adding the phrase “, except within the Right of Way Permit High Impact Area, where the fee shall be one-hundred dollars for each permit (up to fifty linear feet)” at the end of the fourth sentence of that subsection, and by adding the following at the end of that subsection: “For the purposes of this section, the phrase ‘Right of Way Permit High Impact Area’ shall mean the area bounded as follows: Beginning at the intersection of I-65 North and Briley Parkway, thence; in an easterly and then in a southerly direction along Briley Parkway, to I-40 east of Nashville. Thence; continuing with Briley Parkway in a southerly then westerly direction, to I-24 south of Nashville. Thence; along Thompson Lane in a westerly direction, to I-65 south of Nashville. Thence; along Woodmont Boulevard in a westerly direction, to Harding Pike (HWY 70 S). Thence; along White Bridge Road in a northerly direction, to I-40 west of Nashville. Thence; along Briley Parkway in a northerly and then easterly direction to the point of beginning at I-65 north of Nashville. ”

Section 2. That subsection 13.20.030.F. shall be and hereby is amended by deleting the phrase “fifteen dollars per meter per day” from that subsection, and replacing it with “twenty-one dollars per meter head per day, and forty-two dollars per day for a double meter.”

Section 3. That subsection 13.20.030.G. shall be and is hereby amended by inserting the following at the end of the first sentence thereof, following the word “days,” “, except within the Right of Way Permit High Impact Area, where the fee shall be one-hundred dollars per fifty linear feet of right of way closed for five or less days” and adding at the end of the sentence that provides: “Closures for longer than five days will be charged at the rate of ten dollars per day” the following: “except within the Right of Way Permit High Impact Area, where closures for longer than five days will be charged at the rate of twenty dollars per day.”

Section 6. That subsection 2.62.050.D. shall be and is hereby amended by inserting the following sentence in between the first and second sentences thereof: “In addition, an administrative fee of one-hundred dollars shall be paid for the cost of processing the application.”

Section 7. That Chapter 12.56 of the Metropolitan Code is hereby amended to add a new section thereto providing as follows:

Assistance of Mayor’s Office of Film and Special Events and Department of Public Works; Fees.

The Mayor’s Office of Film and Special Events and the Department of Public Works shall assist the Chief of Police in facilitating the processing of applications for and in the issuance of the parade permits provided for in this chapter. In connection therewith, with regard to parades being held for a recreational purpose, an administrative fee of one-hundred dollars shall be paid by the applicant for the cost of facilitating the application. If a parade permit for a parade with a recreational purpose involves the closure of up to 15 street lengths (with a “street length” meaning a distance of 450 linear feet measured parallel to the center line), the applicant shall pay to the Department of Public Works an additional fee of thirty-one dollars for each street length of street closed. If a parade permit for a parade with a recreational purpose involves the closure of a length of street greater than fifteen street lengths, the applicant shall pay to the Department of Public Works an additional fee of fifty-six dollars for each street length of street closed. An additional fee of one-hundred and twenty dollars shall be paid per inspector required for the parade. All of these charges shall be in addition to fees paid for temporary street closures as is provided in Metropolitan Code Section 13.20.030.

Section 8. That any future amendments to this ordinance may be approved by resolution.

Sponsored by: Bill Pridemore, Burkley Allen

Amendment No. 1
To
Ordinance No. BL2016-235

Mr. President:

I move to amend Ordinance No. BL2016-235 as follows:

1. Section 4 of Ordinance No. BL 2016-235 is hereby deleted in its entirety and replaced with the following:

Section 4. That subsection 2.62.030.F. shall be and is hereby amended by deleting the following phrase: “a thirty-dollar processing fee, in the form of a check or money order payable to the mayor's office of film and special events,” and replacing it with the following: “a thirty dollar permit fee, and in addition a one-hundred dollar administrative fee for the cost of processing the application for an event being held within the Right of Way Permit High Impact Area (as defined in Metropolitan Code Section 13.20.030.D.1.), in the form of checks or money orders payable to the mayor's office of film and special events. For events being held outside of the Right of Way Permit High Impact Area, the administrative fee for the cost of processing the application shall be fifty dollars, in the form of checks or money orders payable to the mayor's office of film and special events.“

2. Section 5 of Ordinance No. BL2016-235 is hereby deleted in its entirety and replaced with the following:

Section 5. That subsection 2.62.040.F. shall be and is hereby amended by deleting the following phrase, “a thirty-dollar processing fee, in the form of a check or money order payable to the mayor's office of film and special events” and replacing it with the following: “a two-hundred and thirty dollar permit fee, and in addition a one-hundred dollar administrative fee for the cost of processing the application for an event being held within the Right of Way Permit High Impact Area (as defined in Metropolitan Code Section 13.20.030.D.1.), in the form of checks or money orders payable to the mayor's office of film and special events. For events being held outside of the Right of Way Permit High Impact Area, the administrative fee for the cost of processing the application shall be fifty dollars, in the form of checks or money orders payable to the mayor's office of film and special events. In addition, there shall be a one-hundred and twenty dollar fee per inspector required for the special event.“

3. Section 6 of Ordinance No. BL2016-235 is hereby deleted in its entirety and replaced with the following:
Section 6. That subsection 2.62.050.D. shall be and is hereby amended by inserting the following sentence in between the first and second sentences thereof: “In addition, an administrative fee of one-hundred dollars shall be paid for the cost of processing the application for an event being held within the Right of Way Permit High Impact Area (as defined in Metropolitan Code Section 13.20.030.D.1.), in the form of checks or money orders payable to the mayor's office of film and special events. For events being held outside of the Right of Way Permit High Impact Area, the administrative fee for the cost of processing the application shall be fifty dollars, in the form of checks or money orders payable to the mayor's office of film and special events.

4. Section 7 of Ordinance No. BL2016-235 is hereby deleted in its entirety and replaced with the following:

Section 7. That Chapter 12.56 of the Metropolitan Code is hereby amended to add a new section thereto providing as follows:

Assistance of Mayor’s Office of Film and Special Events and Department of Public Works; Fees.

The Mayor’s Office of Film and Special Events and the Department of Public Works shall assist the Chief of Police in facilitating the processing of applications for and in the issuance of the parade permits provided for in this chapter. In connection therewith, with regard to parades being held for a recreational purpose, an administrative fee of one-hundred dollars shall be paid by the applicant for the cost of facilitating the application for an event being held within the Right of Way Permit High Impact Area (as defined in Metropolitan Code Section 13.20.030.D.1.), in the form of checks or money orders payable to the mayor's office of film and special events. For events being held outside of the Right of Way Permit High Impact Area, the administrative fee for the cost of facilitating the application shall be fifty dollars, in the form of checks or money orders payable to the mayor's office of film and special events. If a parade permit for a parade with a recreational purpose involves the closure of up to 15 street lengths (with a “street length” meaning a distance of 450 linear feet measured parallel to the center line), the applicant shall pay to the Department of Public Works an additional fee of thirty-one dollars for each street length of street closed. If a parade permit for a parade with a recreational purpose involves the closure of a length of street greater than fifteen street lengths, the applicant shall pay to the Department of Public Works an additional fee of fifty-six dollars for each street length of street closed. An additional fee of one-hundred and twenty dollars shall be paid per inspector required for the parade. All of these charges shall be in addition to fees paid for temporary street closures as is provided in Metropolitan Code Section 13.20.030.

LEGISLATIVE HISTORY
Introduced:	May 17, 2016
Passed First Reading:	May 17, 2016
Referred to:	Budget & Finance Committee Public Works Committee
Amended:	June 7, 2016
Passed Second Reading:	June 7, 2016
Re-Referred to:	Budget & Finance Committee Public Works Committee
Passed Third Reading:	June 21, 2016
Approved:	June 22, 2016
By: