RESOLUTION NO. RS2010-1244
A resolution authorizing Trial Lawyers Institute, Inc., to install, construct and maintain an aerial encroachment at 101 Church Street for Boswell’s Music City Harley-Davidson (Proposal No. 2010M-004EN-001).
WHEREAS: Trial Lawyers Institute, Inc. in conjunction with Joslin and Son Signs, plans to install, construct and maintain an aerial encroachment, under Proposal No. 2010M-004EN-001 at 180 Second Avenue North for Boswell’s Music City Harley-Davidson; and
WHEREAS: Trial Lawyers Institute, 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 arising from the installation of said aerial encroachment; and
WHEREAS: Section One of Ordinance O87-1890, allows the Council of The Metropolitan Government of Nashville and Davidson County to grant encroachments, permits, or privileges to construct, maintain and/or operate aerial cables, canopies, etc., over and/or across sidewalks and public rights-of-way by Resolution adopted by twenty-one (21) affirmative votes.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That subject to the requirements, limitations and conditions, Trial Lawyers Institute, Inc., is hereby granted the privilege to construct and maintain said aerial encroachment for Boswell’s Music City Harley-Davidson, 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 Resolution.
Section 2. That the authority granted hereby for the construction, installation, operation, and maintenance of said aerial encroachment 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 the Trial Lawyers Institute, Inc.
Section 3. That plans and specifications for said aerial encroachment 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 Trial Lawyers Institute, Inc.
Section 4. That construction and maintenance of said aerial encroachment 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 Resolution confers upon Trial Lawyers Institute, Inc., a privilege and not a franchise, and the Mayor and the Metropolitan Council herein expressly reserve the right to repeal this Resolution, 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 said Metropolitan Government, Trail Lawyers Institute, Inc., its successors and assigns, shall remove said aerial encroachment at their own expense.
Section 6. Trial Lawyers Institute, Inc., shall pay all cost incident to the construction, installation, operation and maintenance of said aerial encroachment 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 said construction, installation, operation and maintenance of said aerial encroachment 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. Trial Lawyers Institute, Inc., shall be responsible for the expense, if any, of repairing and returning right of way to the condition which it was in prior to the installation of said aerial encroachment, and for any street closure.
Section 7. That the authority granted to Trial Lawyers Institute, 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. Trial Lawyers Institute, Inc., 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 three hundred thousand ($300,000) 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 of 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 same shall be completed promptly, so as to cause the least inconvenience to the public. The acceptance by Trial Lawyers Institute, Inc., of all provisions of this Resolution shall be determined by the beginning of work.
Section 10. The authority granted pursuant to this Resolution shall not become effective until the certificate of insurance, as required in Section 8, has been posted with the Metropolitan Clerk and the Department of Public Works.
Section 11. 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: Mike Jameson
Commission - Approved
Public Works Committee
Planning & Zoning Committee
|Introduced:||June 1, 2010|
|Adopted:||June 1, 2010|
|Approved:||June 2, 2010|