File #: RS2021-822    Name:
Type: Resolution Status: Passed
File created: 3/4/2021 In control: Metropolitan Council
On agenda: 3/16/2021 Final action: 3/16/2021
Title: A resolution authorizing Muse Nashville, LLC to construct and install an aerial encroachment at 65 Lindsley Avenue. (Proposal No.2021M-008EN-001).
Sponsors: Freddie OConnell, Kathleen Murphy, Bob Nash
Attachments: 1. RS2021-822 Insurance Certificate, 2. RS2021-822 License Agreement
title
A resolution authorizing Muse Nashville, LLC to construct and install an aerial encroachment at 65 Lindsley Avenue. (Proposal No.2021M-008EN-001).
body
WHEREAS, Muse Nashville, LLC plans to construct, install and maintain an aerial encroachment, under Proposal No. 2021M-008EN-001, at 65 Lindsley Avenue; and,
WHEREAS, Proposal No. 2021M-008EN-001 is comprised of two canopies encroaching the public right-of-way on property located at 65 Lindsley Avenue; and,
WHEREAS, Muse Nashville, LLC 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 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 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, contained herein and in the License Agreement, Muse Nashville, LLC is hereby granted the privilege to construct and maintain said aerial encroachment 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 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...

Click here for full text