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AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1973, BY ADDING SECTION 32-5.1 TO CHAPTER 32 THEREOF PERTAINING TO OUTDOOR DINING AREA PERMITS. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia, that Chapter 32 of the Code of the City of Portsmouth, Virginia, be amended by adding Section 32-5.1 to read as follows: Section 32-5.1. Outdoor dining area permits. (a) Upon determination that such outdoor dining area will not materially or unreasonably interfere with the use of any public right-of-way or constitute a hazard, the City Council, or its designee, may issue an outdoor dining area permit subject to the following conditions: 1. That application be made in writing to the City Manager for such permit in a form satisfactory to the City Manager to which shall be attached a plat of survey or engineering drawing depicting the area to be occupied by the outdoor dining facility. 2. That such outdoor dining area permit shall be revocable at the pleasure of City Council or its designee· 3. That the permit to be issued by the City Manager shall provide that the permittee, for himself, his heirs, successors and assigns, shall agree to indemnify, keep and hold the City free and harmless from liability on account of injury or damage to!persons or property growing out of or directly or indirectly resulting from such use and Ehe maintenance, operation and removal thereof; and that in the event that any suit or proceeding shall be brought against the City, at law or in equity, either independently or jointly with such permittee on account thereof, the permittee will defend the City in any such suit dr proceeding at the cost of the permittee; and in the event of a final judgement or decree being obtained against the City, either independently or jointly with the permittee, then the permittee will pay such judgement or comply with such decree wLth all costs and expenses of whatsoever nature and hold the City harmless therefrom. 4. That the dining area shall be temporary in that installation shall be in such a manner that posts, chairs, tables, planters, or other equipment can be removed during periods of non-use;