An ordinance authorizing John Combs and Cliff's Cabinet Company, to maintain an existing building encroachment into Alley #187, for the property located at 1301 Pillow Street (Proposal No. 2003M-081U-11).

WHEREAS, John Combs and Cliff’s Cabinet Company plan to maintain an existing building corner encroachment 1.2 feet into Alley #187 and an existing concrete pad encroachment 1.4 feet into Alley #187, for the property located at 1301 Pillow Street; and

WHEREAS, Patrick Brakefield of Charles Hawkins Company, applicant, for John Combs and Cliff's Cabinet Company, property owner, 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 or maintenance of said encroachments.

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, John Combs and Cliff’s Cabinet Company is hereby granted the privilege to maintain an existing building corner encroachment 1.2 feet into Alley #187 and an existing concrete pad encroachment 1.4 feet into Alley #187; 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 encroachments 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 John Combs and Cliff’s Cabinet Company.

SECTION 3. That this Ordinance confers upon John Combs and Cliff’s Cabinet Company, 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, John Combs and Cliff’s Cabinet Company, their successors and assigns, shall remove said building encroachments at their own expense.

SECTION 4. John Combs and Cliff’s Cabinet Company shall pay all cost incident to the maintenance of said encroachments 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 encroachments 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. John Combs and Cliff’s Cabinet Company shall be responsible for the expense, if any, of repairing and returning Alley #187 to the condition in which it existed prior to the installation of said encroachments and for any street closure.

SECTION 5. That the authority granted to John Combs and Cliff’s Cabinet Company 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. John Combs and Cliff’s Cabinet Company 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, maintenance or installation of said encroachments. 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 authority granted pursuant to this Ordinance shall not become effective until the certificate of insurance, as required in Section 6, has been posted with the Metropolitan Clerk.

SECTION 8. 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

AMENDMENT NO. 1
TO
ORDINANCE NO. BL2003-1360

Mr. President:

I move to amend Ordinance No. BL2003-1360 by amending the second whereas clause thereof by deleting the current language in the second whereas clause and adding the following language:

"Whereas, John Combs and Cliff's Cabinet Company, property owners, have agreed to idemnify 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 or maintenance of said encroachment."

Sponsored by: Ludye Wallace

LEGISLATIVE HISTORY
Introduced:	March 18, 2003
Passed First Reading:	March 18, 2003
Referred to:	Planning Commission - Approved 8-0 (3/13/2003) Planning & Zoning Committee Public Works Committee
Passed Second Reading:	April 1, 2003
Amended:	April 15, 2003
Passed Third Reading:	April 15, 2003
Approved:	April 17, 2003
By: