RESOLUTION NO. RS2012-197

A resolution authorizing Revolution Real Estate to construct, install and maintain an aerial encroachment at 119 3rd Avenue South (Proposal No. 2012M-003EN-001).

WHEREAS, Revolution Real Estate plans to construct, install and maintain an aerial encroachment, under Proposal No. 2012M-003EN-001, at 119 3rd Ave South; and

WHEREAS, Revolution Real Estate, has agreed to indemnify and hold The Metropolitan Government of Nashville and Davidson County (“the Metropolitan Government”) harmless for any and all claims for damages of every nature and kind resulting from or arising from the installation of said aerial encroachment; and

WHEREAS, Metropolitan Code of Laws §13.16.030(A) allows the Council of the Metropolitan Government 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. Subject to the requirements, limitations and conditions, Revolution Real Estate is hereby granted the privilege to construct and maintain said aerial encroachment in accordance with the plans on file in the office of the Metropolitan Government’s Director of Public Works, and which are more particularly described by lines, words and figures on the attached sketches.

Section 2. The authority granted hereby for the construction, installation, operation and maintenance of said aerial encroachment 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 Revolution Real Estate.

Section 3. Plans and specifications for said aerial encroachment shall be submitted to the Director of Public Works 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 use by Revolution Real Estate.

Section 4. Construction and maintenance of said aerial encroachment shall be under the direction, supervision and control of the Director of Public Works; and, its installation, when completed, must be approved by said Director.

Section 5. This Resolution confers upon Revolution Real Estate 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, its successors, or assigns by reason of said repeal. In the event of such repeal by the Metropolitan Government, Revolution Real Estate and its successors and assigns shall remove said aerial encroach at their expense and no expense to the Metropolitan Government.

Section 6. Revolution Real Estate shall pay all costs incident to the construction, installation, operation and maintenance of said aerial encroachment and shall save and hold the Metropolitan Government harmless from all suits, costs, claims, damages or judgments in any way connected with said construction, installation, operation and maintenance of said aerial encroachment 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.

Section 7. Revolution Real Estate shall be responsible for the expense of any street and/or sidewalk closure and for repairing and returning any right-of-way to the condition it was in prior to the installation of said aerial encroachment.

Section 8. The authority granted to Revolution Real Estate, 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/or 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 9. Revolution Real Estate shall, and is hereby required to, furnish the Metropolitan Government with a certificate of public liability insurance, of at least one million ($1,000,000) dollars aggregate, naming the Metropolitan Government as an insured party, for the payment of any judgment on any claim, of whatever nature, made for actions or causes of action arising out of, or in connected with, the construction or installation of said aerial encroachment. Said certificate of insurance shall be filed with the Metropolitan Clerk and the Department of Public Works 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.

Section 10. Said construction shall be carefully guarded, protected, and completed promptly so as to cause the least inconvenience to the public. The acceptance by Revolution Real Estate, of all provisions of this Resolution shall be determined by beginning work.

Section 11. The authority granted pursuant to this resolution shall not become effective until the certificate of insurance, as required above, has been posted with the Metropolitan Clerk and the Department of Public Works.

Section 12. 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: Erica Gilmore

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LEGISLATIVE HISTORY
Referred to:	Planning Commission - Approved Public Works Committee Planning & Zoning Committee
Introduced:	March 20, 2012
Adopted:	March 20, 2012
Approved:	March 23, 2012
By: