RESOLUTION RS2017-779

A resolution to amend Ordinance No. BL2016-235 to increase permit fees for closures in the right-of-way permit high impact area.

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 the same services, specifically in the Right-of-Way High Impact Area; and

WHEREAS, Ordinance BL2016-235, as amended by Amendment 1 and by Resolution No. RS2016-391, increased various fees in order for the Department to recover the full amount of the costs it incurs for the services it is providing; and

WHEREAS, additional amendments to the Ordinance are needed, and Section 8 of Ordinance No. BL2016-235, as approved by Council, allows that any future amendments to the ordinance may be approved by resolution.

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

Section 1. That Section 3 of Ordinance No. BL2016-235, as amended by Amendment 1 and by Resolution No. RS2016-391, is hereby amended by deleting it in its entirety and replacing it with the following:

“In addition to any other fees required by this chapter, permits requiring the temporary closure of the metropolitan government's rights-of-way shall be subject to the following fees: The fee for closure permits shall be fifty-five dollars for five or less days, except within the right-of-way permit high impact area, where the fee shall be two hundred dollars for five or less days. Closures for longer than five days will be charged at the rate of ten dollars per day except within the right-of-way high impact area, where closures for longer than five days will be charged at the rate of forty dollars per day. Closures in excess of ninety days are prohibited unless approved by the director. Fees for inspection services for special events and parades shall be charged based on time required at the rate of fifty dollars per hour, per inspector.”

Section 2. That Section 4 of Ordinance No. BL2016-235, as amended by Amendment 1 and by Resolution No. RS2016-391, is hereby amended by deleting it in its entirety and replacing it with the following:

“The permit application must be accompanied by the payment of a thirty dollar permit fee. If right-of-way closures within the right-of-way permit high impact area (as defined in Metropolitan Code Section 13.20.030.D.1.) are requested, the permit fee shall be sixty dollars. 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, 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.”

Section 3. That Section 5 of Ordinance No. BL2016-235, as amended by Amendment 1 and by Resolution No. RS2016-391, is hereby amended by deleting it in its entirety and replacing it with the following:

“The permit application for special events, except for metropolitan events, must be accompanied by the payment of a two hundred and thirty dollar permit fee. If right-of-way closures within the right-of-way permit high impact area (as defined in Metropolitan Code Section 13.20.030.D.1.) are requested, the permit fee shall be four hundred and sixty dollars. 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, 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.”

Section 4. That this Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jeremy Elrod