ORDINANCE NO. O98-1462

ENACTED 01/19/1999

ORDINANCE NO. O98-1462

An ordinance authorizing Paul W. Smith et ux to encroach 3’ 2" by 45’ for an existing deck into Alley 1014, (Proposal No. 98M-109U), all of which is more particularly described herein.

WHEREAS: Paul W. Smith et ux plans to encroach 3’ 2" by 45’ for an existing deck constructed in 1983 into Alley 1014;

WHEREAS: Paul W. Smith et ux 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 operation and maintenance of said deck encroachment; and

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, Paul W. Smith et ux is hereby granted the privilege to operate and maintain a 3’ 2" by 45’ deck encroachment, 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 operations and maintenance of the deck 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 Paul W. Smith et ux.

SECTION 3. That this Ordinance confers upon Paul W. Smith et ux, 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 judgement, 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, Paul W. Smith et ux, its successors and assigns, shall remove said deck encroachment at their own expense.

SECTION 4. Paul W. Smith et ux shall pay all cost incident to the operation and maintenance of said deck encroachment and shall save and hold The Metropolitan Government of Nashville and Davidson County harmless from all suits, costs, claims, damages or judgements in any way connected with said operation and maintenance of said deck 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. Paul W. Smith et ux shall be responsible for the expense, if any, of repairing and returning Alley 1014 to the condition which it was in prior to the installation of said deck encroachment and for any street closure.

SECTION 5. That the authority granted to Paul W. Smith et ux 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 6. Paul W. Smith et ux 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 judgement 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 deck encroachment. 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 7. The acceptance of Paul W. Smith et ux, of all provisions of this Ordinance shall be determined by the passage of this ordinance.

SECTION 8. 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.

LEGISLATIVE HISTORY
Introduced:	December 1, 1998
Passed First Reading:	December 1, 1998
Referred to:	Planning Commission - Approved 8-0 (10/29/98) Public Works Committee Planning & Zoning Committee
Passed Second Reading:	December 15, 1998
Passed Third Reading:	January 19, 1999
Approved:	January 26, 1999
By: