ORDINANCE NO. BL2000-418

An ordinance authorizing Charlotte Mini LP, dba Cornerstone Self-Storage to construct, install, and maintain a retaining wall encroaching into the right-of-way of Balmy Avenue (Proposal No. 2000M-069U-07), all of which is more particularly described herein.

WHEREAS: An existing retaining wall encroaches 2.55 feet into the right-of-way of Balmy Avenue near the intersection with Charlotte Pike, at the location of a business operated by Charlotte Mini LP, dba Cornerstone Self-Storage;

WHEREAS: Charlotte Mini LP, dba Cornerstone Self-Storage, 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 presence of said retaining wall;

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1. That subject Charlotte Mini dba Cornerstone Self-Storage is hereby granted the privilege to maintain a retaining wall encroaching 2.55 feet into the right-of-way of Balmy Avenue near the intersection with Charlotte Pike, at a height of approximately five feet.

SECTION 2. That the authority granted hereby 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 retaining wall at the expense of Charlotte Mini dba Cornerstone Self-Storage.

SECTION 3. That this Ordinance confers upon Charlotte Mini LP, dba Cornerstone Self-Storage, 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, Charlotte Mini LP, dba Cornerstone Self-Storage, its successors and assigns, shall remove said retaining wall at their own expense.

SECTION 4. Charlotte Mini LP, dba Cornerstone Self-Storage, shall pay all cost incident to the maintenance of said retaining wall 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 the presence of said retaining wall 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. Charlotte Mini LP, dba Cornerstone Self-Storage shall be responsible for the expense, if any, of repairing and returning Balmy Avenue to the condition which it was in prior to the installation of said retaining wall and for any street closure.

SECTION 5. That the authority granted to Charlotte Mini LP, dba Cornerstone Self-Storage, 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. Charlotte Mini LP, dba Cornerstone Self-Storage 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 presence of said retaining wall. 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. That this Ordinance shall take effect immediately after its adoption, and after the posting of the insurance required in Section 6, with the Metropolitan Clerk, the public welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: John Summers