A resolution authorizing Bailey's Pub & Grille and Fox & Hound of Tennessee Inc., to install, construct and maintain a sign over the right-of-way above the public sidewalk at 408 Broadway (Proposal 2002M-030U-09), all of which is more particularly described herein.

WHEREAS: Bailey's Pub & Grille and Fox & Hound of Tennessee Inc. plan to install, construct, and maintain a sign over the right-of-way above the public sidewalk at 408 Broadway; and

WHEREAS: Fox & Hound of Tennessee 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 sign; 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 ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1. That subject to the requirements, limitations and conditions, Bailey's Pub & Grille and Fox & Hound of Tennessee Inc. are hereby granted the privilege to install, maintain, and construct a sign measuring 4'8" in width by 14'0" in length at a height of 16'6" above the public sidewalk, and encroaching 4'8" over the right-of-way above said sidewalk at 408 Broadway, 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 said 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 Bailey's Pub & Grille and Fox & Hound of Tennessee 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 Bailey's Pub & Grille and Fox & Hound of Tennessee 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 their installation, when completed, must be approved by said Director.

SECTION 5. That this Ordinance confers upon Bailey's Pub & Grille and Fox & Hound of Tennessee 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 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, Bailey's Pub & Grille and Fox & Hound of Tennessee Inc., their successors and assignees, shall remove said sign at their own expense.

SECTION 6. Bailey's Pub & Grille and Fox & Hound of Tennessee 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 judgments in any way connected with said construction, installation, operation and maintenance of said encroachments 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. Bailey's Pub & Grille and Fox & Hound of Tennessee Inc. shall be responsible for the expense, if any, of repairing and returning the public sidewalk area affected by the sign to the condition which they were in prior to the installation of said sign.

SECTION 7. That the authority granted to Bailey's Pub & Grille and Fox & Hound of Tennessee 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. Fox & Hound of Tennessee, 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 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 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 Bailey's Pub & Grille and Fox & Hound of Tennessee Inc., of all provisions of this Ordinance shall be determined by the beginning of work.

SECTION 10. That this Ordinance 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: Ludye Wallace

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LEGISLATIVE HISTORY
Referred to:	Planning Commission - Approved 9-0 (3/14/02) Public Works Committee Planning & Zoning Committee
Introduced:	March 19, 2002
Adopted:	March 19, 2002
Approved:	March 25, 2002
By: