A resolution authorizing Butler’s Run to install four (4) stationary awnings projecting five feet over the public right-of-way approximately 10 feet above the sidewalk at 138 - 140 Second Avenue North for Butler’s Run (Proposal No. 98M-083U), all of which is more particularly described herein.

WHEREAS: Butler’s Run plans to install four (4) stationary awnings projecting five feet over the public right-of-way approximately 10 feet above the sidewalk at 138 - 140 Second Avenue North.

WHEREAS: Butler’s Run 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 awnings; and

WHEREAS: Section One to Ordinance O87-1890, allows the Metropolitan County Council 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; and

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, Butler’s Run is hereby granted the privilege to construct and maintain four (4) stationary awnings, 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 the awnings 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 Butler’s Run.

SECTION 3. That plans and specifications for said awnings 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 Butler’s Run.

SECTION 4. That construction and maintenance of said awnings 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 Resolution confers upon Butler’s Run, 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, Butler’s Run, its successors and assigns, shall remove said awnings at their own expense.

SECTION 6. Butler’s Run shall pay all cost incident to the construction, installation, operation and maintenance of said awnings 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 awnings 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. Butler’s Run shall be responsible for the expense, if any, of repairing and returning 138 - 140 Second Avenue North to the condition which it was in prior to the installation of said awnings and for any street closure.

SECTION 7. That the authority granted to Butler’s Run 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. Butler’s Run 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 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 of installation of said awnings. 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 as provided in Metropolitan Resolution on the subject, and same shall be completed promptly, so as to cause the least inconvenience to the public. The acceptance of Butler’s Run, of all provisions of this Resolution shall be determined by the beginning of work.

SECTION 10. That this Resolution shall take effect immediately after its adoption, and after the posting of the insurance required in Section 8, with the Metropolitan Clerk, the public welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Julius Sloss