ORDINANCE NO. BL2002-1183

An ordinance authorizing HCA Realty, Inc., to construct, install, and maintain a pole sign within the right-of-way adjacent to Recovery Road (Proposal No. 2002M-018U-12).

WHEREAS: HCA Realty, Inc., a Tennessee corporation, plans to construct, install and maintain a pole sign within the public right-of-way adjacent to Recovery Road;

WHEREAS: HCA Realty, Inc., 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 pole sign;

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, HCA Realty, Inc., is hereby granted the privilege to construct and maintain a 20 foot tall pole sign, measuring 18 feet in width and 10 feet in length, for a total sign area of 180 square feet, encroaching 18 feet into the right-of-way adjacent to Recovery Road, in accordance with the plans which are on file in the office of the Director of Public Works, and which, by reference, are made a part of this Ordinance.

SECTION 2. That the authority granted hereby for the construction, installation, operation, and maintenance of the pole sign 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 HCA Realty, Inc.

SECTION 3. That plans and specifications for said sign 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 HCA Realty, Inc.

SECTION 4. That construction and maintenance of said sign shall be under the direction and 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 HCA Realty, Inc., 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 judgement, 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 said Metropolitan Government, HCA Realty, Inc., its successors and assigns, shall remove said sign at their own expense.

SECTION 6. HCA Realty, Inc., shall pay all cost incident to the construction, installation, operation and maintenance of said sign and shall save and hold The Metropolitan Government of Nashville and Davidson County harmless from all suits, costs, claims, damages or judgements in any way connected with said construction, installation, operation and maintenance of said sign 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. HCA Realty, Inc., shall be responsible for the expense, if any, of repairing and returning the site to the condition which it was in prior to the installation of said sign and for any street closure.

SECTION 7. That the authority granted to HCA Realty, Inc., 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. HCA Realty, Inc., 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 three hundred thousand ($300,000) dollars aggregate, for the payment of any judgement had on any claim, of whatever nature, made for actions or causes of action arising out of, or connected with, the construction of installation of said sign. 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 of HCA Realty, Inc., 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 Metropolitan Clerk.

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: Michelle Arriola

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LEGISLATIVE HISTORY

Introduced: September 3, 2002
Passed First Reading: September 3, 2002
Referred to: Planning Commission - Approved 6-0 (06/13/02)
Public Works Committee
Planning & Zoning Committee
Passed Second Reading: September 17, 2002 
Passed Third Reading: October 1, 2002
Approved: October 3, 2002
By: Bill Purcell


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