An ordinance amending Section 13.08.030 of the Metropolitan Code to prohibit construction, installation, operation, and maintenance on any encroachment in, on, over, or under any street, road, alley, sidewalk or other public way except by permit properly issued by Metropolitan Government.

WHEREAS, numerous encroachments have been and are installed upon the streets and sidewalks of the Metropolitan Government, not all of which have been permitted; and

WHEREAS, all encroachments should be permitted before being constructed, installed, operated or maintained in, on, over, or under any street, road, alley, sidewalk or other public way except by appropriate permit issued by Metropolitan Government.

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

SECTION 1. Section 13.08.030 of the Metropolitan Code of Laws be amended by deleting it in its entirety and substituting in lieu thereof the following:

"A. No person, firm or entity shall construct, install, operate and/or maintain an encroachment in, on, over, or under any street, road, alley, sidewalk or other public way except when permitted by the metropolitan government. Unless specifically permitted under other sections of this code, the metropolitan county council may by ordinance grant encroachments, permits or privileges to construct, install, operate and/or maintain an encroachment in, on, over, or under any street, road, alley, sidewalk or other public way."

B. Any person, firm or entity requesting an encroachment, permit or privilege as provided herein shall pay to the metropolitan government a fee in the amount of one hundred dollars upon making such request.

C. The manner of constructing, installing, operating and maintaining such encroachment shall be by subject to the requirements, direction and approval of the director of public works and further the person, form or entity requesting such encroachment, permit or privilege shall provide a liability insurance policy in such amount as directed by the metropolitan attorney and in the form as approved by the metropolitan attorney, to save the metropolitan government harmless from all claims for damages that may result to persons or property by reason of construction, operation or maintenance of such installation of any encroachment."

SECTION 2. That this ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Ludye Wallace

LEGISLATIVE HISTORY
Introduced:	March 19, 2002
Passed First Reading:	March 19, 2002
Referred to:	Planning Commission Public Works Committee Planning & Zoning Committee
Deferred:	April 2, 2002
Passed Second Reading:	April 16, 2002
Passed Third Reading:	May 21, 2002
Approved:	June 3, 2002
By:
Effective Date:	June 6, 2002