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An ordinance amending Section 13.08.030 of the Metropolitan Code with respect to liability insurance coverage requirements in connection with certain public right of way encroachments.
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WHEREAS, section 13.080.030(C) of the Metropolitan Code of Laws requires that any person, firm, or entity seeking to construct, install, operate, or maintain an encroachment in the public right of way provide a liability insurance policy protecting the Metropolitan Government's interests; and
WHEREAS, the insurance requirement limits the ability of legally-constituted homeowner associations and community groups to engage in beautification projects and install beneficial signage; and
WHEREAS, excluding such neighborhood associations and similar entities from the insurance requirement of Metropolitan Code of Laws ? 13.08.030(C) would benefit the Metropolitan Government.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. Subsection 13.08.030(C) of the Metropolitan Code of Laws shall be replaced in its entirety with the following:
C. The manner of constructing, installing, operating and maintaining such encroachment shall be subject to the requirements, direction, and approval of the director of public works and further the person, firm, 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 person or property by reason of construction, operation, or maintenance of such installation of any encroachment. Provided, however, that (i) a homeowner association legally constituted under Tennessee Law or (ii) a non-profit community organization exempt from taxation under section 501(3)(c) of the Internal Revenue Code may, without providing such insurance, insta...
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