WHEREAS, St. Ann's Episcopal Church plans to construct, install and maintain a fence on the public right of way; and

WHEREAS, St. Ann's Episcopal Church 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 fence.

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, St. Ann's Episcopal Church is hereby granted the privilege to construct and maintain a fence partially within the public right-of-way along South 4th Street and Woodland Street, 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 construction, installation, operation, and maintenance of the fence 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 St. Ann's Episcopal Church.

SECTION 3. That plans and specifications for said fence 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 installation shall be approved by the Director of Public Works prior to its use by St. Ann's Episcopal Church.

SECTION 4. That construction and maintenance of said fence shall be under the direction and supervision and control of the Director of Public Works, and its installation, when completed, must be approved by said Director.

SECTION 5. That this Ordinance confers upon St. Ann's Episcopal Church, 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 judgment, 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, St. Ann's Episcopal Church, its successors and assigns, shall remove said fence at their own expense.

SECTION 6. St. Ann's Episcopal Church shall pay all costs incident to the construction, installation, operation and maintenance of said fence and shall save and hold The Metropolitan Government of Nashville and Davidson County harmless from all suits, costs, claims, damages or judgments in any way connected with said construction, installation, operation and maintenance of said fence 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. St. Ann's Episcopal Church shall be responsible for the expense, if any, of repairing and returning the right of way to the condition in which it was prior to the installation of said fence and for any street closure.

SECTION 7. That the authority granted to St. Ann's Episcopal Church 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 8. St. Ann's Episcopal Church shall be and is hereby required to furnish to 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 judgment 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 fence. 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 9. That said construction shall be carefully guarded and protected and shall be completed promptly, so as to cause the least inconvenience to the public. The acceptance by St. Ann's Episcopal Church, of all provisions of this Ordinance shall be determined by the beginning of work.

SECTION 10. The authority granted pursuant to this Ordinance shall not become effective until the certificate of insurance, as required in Section 8, has been posted with the Metropolitan Clerk.

SECTION 11. 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: Eileen Beehan

LEGISLATIVE HISTORY
Introduced:	July 1, 2003
Passed First Reading:	July 1, 2003
Referred to:	Planning Commission - Approved 7-0 (06/12/2003) Public Works Committee Planning & Zoning Comittee
Passed Second Reading:	July 15, 2003
Passed Third Reading:	August 5, 2003
Approved:	August 6, 2003
By: