An ordinance authorizing the Historic Edgefield Homeowners Association to construct, install, and maintain street signage on the public right of way in
various locations (Proposal No. 2003M-129U-05).

WHEREAS: The Historic Edgefield Homeowners Association plans to construct, install and maintain street signage on the public right of way; and

WHEREAS: The Historic Edgefield Homeowners Association has represented to the Metropolitan Government of Nashville and Davidson County that it will not be offering local
telecommunications service as a public utility;

WHEREAS: The Historic Edgefield Homeowners Association 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 signage;

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 herein set forth, The Historic Edgefield Homeowners Association is hereby granted the privilege to construct and
maintain street sign encroachments for Historic Edgefield, located on the corners of South 5th,6th, 7th, 8th, 9th and 10th Streets, and Woodland Street, Russell Street, Fatherland Street, Prospect Street, Boscobel Street, and Shelby Avenue (27 total), 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 signage 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 Historic Edgefield Homeowners Association.

SECTION 3. That plans and specifications for said signage 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 The Historic Edgefield Homeowners Association.

SECTION 4. That construction and maintenance of said signage 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 The Historic Edgefield Homeowners Association, 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, The Historic Edgefield
Homeowners Association, its successors and assigns, shall remove said signage at their own expense.

SECTION 6. The Historic Edgefield Homeowners Association shall pay all cost incident to the construction, installation, operation and maintenance of said signage 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 signage 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. The Historic Edgefield Homeowners Association shall be responsible for the expense, if any, of repairing and returning the right of way to the condition which it was in prior to the installation of said signage and for any street closure.

SECTION 7. That the authority granted to The Historic Edgefield Homeowners Association 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. The Historic Edgefield Homeowners Association 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 signage. 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 The Historic Edgefield Homeowners Association, of all provisions of this Ordinance shall be determined by the beginning of work.

SECTION 10. The provisions of this Ordinance shall only be effective for so long as The Historic Edgefield Homeowners Association does not offer local telecommunications service; in the event that The Historic Edgefield Homeowners Association commences to offer fiber optic services as defined in Section 6.26.020 of the Metropolitan Code of Laws The Historic Edgefield Homeowners Association shall request a franchise pursuant to Section 6.26.030 et seq. of the Metropolitan Code of Laws.

SECTION 11. 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 12. 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: Mike Jameson

LEGISLATIVE HISTORY
Introduced:	January 20, 2004
Passed First Reading:	January 20, 2004
Referred to:	Planning Commission - Approved 8-0 (December 11, 2003) Public Works Committee Planning & Zoning Committee
Passed Second Reading:	February 3, 2004
Passed Third Reading:	February 17, 2004
Approved:	February 18, 2004
By: