§ 6.68.050. Bond required.  


Latest version.
  • No solid fuel permit shall be issued or remain in force unless the applicant for the permit or the permittee has complied with this section with the respect to its surety requirements as follows:

    A.

    Before any application for a permit shall be approved, the applicant shall file with the sealer of weights and measures a bond executed by some surety company, insurance company, association or other insurer authorized and licensed to transact business in the state, such bond to be in the name of the metropolitan government, in the penal sum of one thousand dollars.

    B.

    The bond shall be conditioned to save harmless any person or purchaser involved in any transaction with the permittee so bonded, pertaining to the importing, producing or hauling of solid fuel for consumption in the metropolitan government area, and further conditioned that the person obtaining such permit shall not violate any of the provisions of this chapter or any other ordinance or law regulating the handling, storing, importing, selling, hauling, trading or exchanging, transporting, delivering, distributing, using, consuming or advertising or offering for sale, delivery, distribution, use or consumption of solid fuel in the metropolitan government area, and further conditioned that he will pay all fees required herein or in any other ordinance, together with all fines, penalties and forfeitures which may be adjudged against him under the provisions of this chapter or any other law or ordinance regulating the handling, storing, using, consuming, importing, selling, hauling, trading or exchanging, transporting, delivering, distributing, advertising or offering for sale, delivery or distribution of solid fuel for use or consumption in the metropolitan government area.

    C.

    Such bond shall be for the use and benefit of the metropolitan government and persons who shall purchase, use, consume or be financially interested in any solid fuel hauled, imported or produced in the metropolitan government area. Such bond shall be further conditioned to give assurance and guarantee to the metropolitan government and all other persons against loss or damage or fines or penalties, by reason of any violation on the part of the permittee hereunder of this chapter or any other ordinance of the metropolitan government regulating the handling, storing, importing, selling, hauling, trading or exchanging, transporting, delivering, distributing, advertising or offering for sale, delivery, distribution, use or consumption of solid fuel.

    D.

    Each surety bond shall be in the usual form of surety bond, and shall contain the following endorsement:

    The surety bond to which this endorsement is attached is designed and issued to comply with the provisions of Chapters 6.68 and 6.76 of the Code of the Metropolitan Government of Nashville and Davidson County, which requires, among other things, the furnishing of a bond and the payment of fees for the issuance of permits and prescribes the powers and duties of the sealer of weights and measures and provides penalties for the violation of such chapters. Should anything contained in this bond conflict with the provisions of such chapters, then the provisions of such chapters shall prevail to the extent of the coverage of the limits of liability described in such chapters. It is understood and agreed that the right of any purchaser, consumer or any other person thereunder shall not be affected by any violation of any provisions of the bond; but all the terms and conditions of the bond shall remain in full force and be binding between the company and the assured, such Metropolitan Government and any person suffering loss or damage or prosecution by reason of any violation of such chapters by, or on the part, of the assured. It is also understood and agreed that no cancellation of this bond at the request of the named assured or the company shall become effective until after the expiration of the ten days' written notice of such proposed cancellation has been filed with the sealer of weights and measures of such Metropolitan Government.

(Prior code § 42-1-36)