ORDINANCE BL2017-959

An ordinance authorizing HR Properties of Tennessee, GP to install, construct and maintain underground encroachments in the right of way located at 5010 Illinois Avenue (Proposal No. 2017M-032EN-001).

WHEREAS, HR Properties of Tennessee, GP plans to install, construct and maintain underground encroachments, comprised of a wood deck, concrete walkway, stairs and handrail encroaching the right-of-way on property located at 51st Avenue North and Illinois Avenue, under proposal No. 2017M-032EN-001; and,

WHEREAS, HR Properties of Tennessee, GP 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 arising from the installation of said encroachments under proposal No. 2017M-032EN-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, HR Properties of Tennessee, GP is hereby granted the privilege to construct and maintain said encroachments under proposal No. 2017M-032EN-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 encroachments under proposal No. 2017M-032EN-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 HR Properties of Tennessee, GP.

Section 3. That plans and specifications for said encroachments under proposal No. 2017M-032EN-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 HR Properties of Tennessee, GP.

Section 4. That construction and maintenance of said encroachment under proposal No. 2017M-032EN-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 HR Properties of Tennessee, GP 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, HR Properties of Tennessee, GP, its successors and assigns, shall remove said encroachment at their own expense.

Section 6. HR Properties of Tennessee, GP, its successors and assigns, shall pay all costs incident to the construction, installation, operation and maintenance of said encroachments under proposal No. 2017M-032EN-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 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. HR Properties of Tennessee, GP, its successors and assigns, shall be responsible for the expense, if any, of repairing and the returning right-of-way to the condition which it was in prior to the installation of said encroachments and for any street closure.

Section 7. That the authority granted to HR Properties of Tennessee, GP, 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. HR Properties of Tennessee, GP, shall and 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 aerial encroachment. Said certificate of insurance shall be filed with the Metropolitan Clerk and the Department of Public Works 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 HR Properties of Tennessee, GP 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: Mary Carolyn Roberts, Fabian Bedne, Jeremy Elrod

View Attachment

LEGISLATIVE HISTORY

Introduced: November 7, 2017
Passed First Reading: November 7, 2017
Referred to: Planning Commission - Approved
Planning, Zoning & Historical Committee

Public Works Committee
Passed Second Reading:  
Passed Third Reading:  
Approved:  
By:  
Next Consideration: November 21, 2017

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