LEGISLATIVE HISTORY
Public Works Committee
Planning & Zoning Committee
RESOLUTION NO. RS2002-1166
A resolution authorizing HCA Realty, Inc., to install, construct and maintain an elevated pedestrian crossing and canopy over the right-of-way of 23rd Avenue North, (Proposal No.2002M-067U-10).
WHEREAS: HCA Realty, Inc., plans to install, construct and maintain an elevated pedestrian crossing and canopy over the right-of-way of 23rd Avenue North; and
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 canopy and crossing; and
WHEREAS: Section One to 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, HCA Realty, Inc., a Tennessee corporation, is hereby granted the privilege to construct and maintain an elevated pedestrian crossing and canopy over the 23rd Avenue right-of-way, measuring 75 feet in length over the right-of-way with 14.1 feet of clearance above the right-of-way, 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 crossing and canopy 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 crossing and canopy 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 crossing and canopy 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 HCA Realty, 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, HCA Realty, Inc., its successors and assigns, shall remove said canopy and crossing at their own expense.
SECTION 6. HCA Realty, Inc., shall pay all cost incident to the construction, installation, operation and maintenance of said canopy and crossing 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 canopy and crossing 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 canopy and crossing 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., and/or HCA, Inc., a Delaware corporation, 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 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 canopy and crossing. 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 same 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
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.
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: Edward Whitmore
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LEGISLATIVE HISTORY |
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| Referred to: | Planning
Commission - Approved 6-0 (07/11/02) Public Works Committee Planning & Zoning Committee |
| Introduced: | September 17 , 2002 |
| Adopted: | September 17 , 2002 |
| Approved: | September 20, 2002 |
| By: | |