A resolution authorizing The Metropolitan Transit Authority to install, construct and maintain aerial encroachments on public right-of-way at 400 Charlotte Avenue (Proposal No. 2007M-153U-9).

WHEREAS: The Metropolitan Transit Authority plans to install, construct and maintain aerial encroachments consisting of two metal awnings and perforated metal screens located over the public right-of-way at 400 Charlotte 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, the Metropolitan Transit Authority is hereby granted the privilege to construct and maintain aerial encroachments at 400 Charlotte 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 at 400 Charlotte 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 The Metropolitan Transit Authority.

SECTION 3. That plans and specifications for said aerial encroachments at 400 Charlotte 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 The Metropolitan Transit Authority.

SECTION 4. That construction and maintenance of said aerial encroachments at 400 Charlotte 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 The Metropolitan Transit Authority, 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, The Metropolitan Transit Authority, his successors and assigns, shall remove said awning at their own expense.

SECTION 6. The Metropolitan Transit Authority shall pay all costs incident to the construction, installation, operation and maintenance of said aerial encroachments at 400 Charlotte Avenue. The Metropolitan Transit Authority shall be responsible for the expense, if any, of repairing and returning 400 Charlotte Avenue to the condition which it was in prior to the installation of aerial encroachment at 400 Charlotte Avenue, and for any street closure.

SECTION 7. That the authority granted to The Metropolitan Transit Authority, 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. 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 The Metropolitan Transit Authority of all provisions of this Resolution shall be determined by the beginning of work.

SECTION 9. 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: Ludye Wallace

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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: