A resolution authorizing Vanderbilt Medical Center to install, construct and maintain aerial encroachments on public right-of-way along 21st Avenue South and Blakemore Avenue (Proposal No. 2007M-152G-10).

WHEREAS: Vanderbilt Medical Center plans to install, construct and maintain aerial encroachments consisting of three signs over the 21st Avenue South right-of-way and one sign over the Blakemore Avenue right-of-way; and

WHEREAS: Vanderbilt Medical Center 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 aerial encroachments along 21st Avenue South and Blakemore Avenue; 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, Vanderbilt Medical Center is hereby granted the privilege to construct and maintain aerial encroachments along 21st Avenue South and Blakemore Avenue, 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 encroachments along 21st Avenue South and Blakemore Avenue, 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 Vanderbilt Medical Center.

SECTION 3. That plans and specifications for said aerial encroachments along 21st Avenue South and Blakemore Avenue, 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 Vanderbilt Medical Center.

SECTION 4. That construction and maintenance of said aerial encroachments along 21st Avenue South and Blakemore Avenue 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 Vanderbilt Medical Center, 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, Vanderbilt Medical Center, his successors and assigns, shall remove said awning at their own expense.

SECTION 6. Vanderbilt Medical Center shall pay all cost incident to the construction, installation, operation and maintenance of said aerial encroachments along 21st Avenue South and Blakemore Avenue, 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 aerial encroachment along 21st Avenue South and Blakemore Avenue, 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. Vanderbilt Medical Center shall be responsible for the expense, if any, of repairing and returning 21st Avenue South and Blakemore Avenue to the condition which it was in prior to the installation of aerial encroachment at 21st Avenue South and Blakemore Avenue, and for any street closure.

SECTION 7. That the authority granted to Vanderbilt Medical Center, 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. Vanderbilt Medical Center shall be and it is hereby required to furnish The Metropolitan Government of Nashville and Davidson County a certificate of commercial general liability insurance, naming The Metropolitan Government as an insured party, of at least three hundred thousand ($1,000,000) 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 and installation of said aerial encroachment along 21st Avenue South and Blakemore Avenue. This insurance shall apply as primary insurance with respect to any other insurance or self –insurance programs afforded to Metro. 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 by Vanderbilt Medical Center 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: Ginger Hausser Pepper, Ludye Wallace

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Other attachments on file in the Metropolitan Clerk's Office

LEGISLATIVE HISTORY
Referred:	Planning Commission - Approved Public Works Committee Planning & Zoning Committee
Introduced:	August 7, 2007
Adopted:	August 7, 2007
Approved:	August 9, 2007
By: