Metropolitan Nashville and Davidson County, TN - File #: BL2023-10

• File #: BL2023-10
• Type: Bill (Ordinance)
• Status: Passed
• File created: 9/14/2023
• In control: Metropolitan Council
• On agenda: 11/7/2023
• Final action: 11/7/2023
• Title: An ordinance authorizing Rutledge Flats, LLC to install, construct and maintain aerial and underground encroachments in the right of way located at 622 3rd Avenue South (Proposal No. 2023M-002EN-001)
• Sponsors: Jacob Kupin, John Rutherford, Sean Parker

Date	Action By	Action
11/9/2023	Mayor	approved
11/7/2023	Metropolitan Council	passed on third reading
10/17/2023	Metropolitan Council	passed on second reading
10/16/2023	Transportation and Infrastructure Committee	approved
10/16/2023	Planning and Zoning Committee	approved
10/3/2023	Metropolitan Council	passed on first reading
9/26/2023	Metropolitan Council	filed
4/25/2023	Planning Commission	approved

title
An ordinance authorizing Rutledge Flats, LLC to install, construct and maintain aerial and underground encroachments in the right of way located at 622 3rd Avenue South (Proposal No. 2023M-002EN-001)
body
WHEREAS, Rutledge Flats, LLC plans to install, construct and maintain aerial and underground encroachments in the right-of-way at 622 3rd Avenue South, under Proposal No. 2023M-002EN-001; and,
WHEREAS, Proposal No. 2023M-002EN-001 is comprised of a proposed canopy attached to the building, an irrigation system for the street trees, public bike racks, and building-mounted security cameras, encroaching on the public right-of-way located at 622 3rd Avenue South; and,
WHEREAS, Rutledge Flats, 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 arising from the installation of said encroachments under Proposal No. 2023M-002EN-001; and,
WHEREAS, Metropolitan Code of Laws Section 13.08.030 allows the Council of the Metropolitan Government of Nashville and Davidson County to by ordinance grant encroachments, permits, or privileges to construct, install, operate and/or maintain an encroachment in, on, over, or under any street, road, alley, sidewalk, or other public way.
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, Rutledge Flats, LLC is hereby granted the privilege to construct and maintain said encroachments under Proposal No. 2023M-002EN-001, in accordance with the plans which are on file in the office of the Director of the Nashville Department of Transportation and Multimodal Infrastructure ("NDOT"), 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...