WHEREAS: Ruth Darby plans to maintain an existing building encroachment on the Right of Way of Merrit Avenue; and

WHEREAS: Ruth Darby 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 installation of said building;

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 herein set forth, Ruth Darby is hereby granted the privilege to maintain an existing building encroachment in the right of way, 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 maintenance of the existing building encroachment in the right of way 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 Ruth Darby.

SECTION 3. That plans and specifications for said encroachment 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 maintenance shall be approved by the Director of Public Works prior to its use by Ruth Darby.

SECTION 4. 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, Ruth Darby, her successors and assigns, shall remove said building at their own expense.

SECTION 5. Ruth Darby shall pay all cost incident to any construction, installation, operation and maintenance of said existing building encroachment in the right of way 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 construction, installation, operation and maintenance of said existing building encroachment in the right of way 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 6. That the authority granted to Ruth Darby 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 7. Ruth Darby shall be and 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 existing building encroachment in the right of way. 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 8. The authority granted pursuant to this Ordinance shall not become effective until the certificate of insurance, as required in Section 7, has been posted with the Metropolitan Clerk.

SECTION 9. This Ordinance 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, Lawrence Hall, Jr.

LEGISLATIVE HISTORY
Introduced:	December 3, 2002
Passed First Reading:	December 3, 2002
Referred to:	Planning Commission - Approved 7-0 (10/10/02) Public Works Committee Planning & Zoning Committee
Passed Second Reading:	December 17, 2002
Passed Third Reading:	January 21, 2003
Approved:	January 22, 2003
By: