ENACTED 09/15/1998

WHEREAS: B. P. Oil Company plans to construct, install and maintain an underground monitoring well in the south margin of Wedgewood Avenue, approximately 50 feet east of Eighth Avenue South; and in the west margin of Eighth Avenue South, approximately 50 feet north of Wedgewood Avenue.

WHEREAS: B. P. Oil Company 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 underground monitoring well; and

SECTION 1. That subject to the requirements, limitations and conditions, B. P. Oil Company is hereby granted the privilege to construct and maintain an underground monitoring well, 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 underground monitoring well 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 B. P. Oil Company.

SECTION 3. That plans and specifications for said underground monitoring well 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 B. P. Oil Company.

SECTION 4. That construction and maintenance of said underground monitoring well 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 B. P. Oil 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, B. P. Oil Company, its successors and assigns, shall remove said underground monitoring well at their own expense.

SECTION 6. B. P. Oil Company shall pay all cost incident to the construction, installation, operation and maintenance of said underground monitoring well 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 underground monitoring well 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. B. P. Oil Company shall be responsible for the expense, if any, of repairing and returning the south margin of Wedgewood Avenue, approximately 50 feet east of Eighth Avenue South and the west margin of Eighth Avenue South, approximately 50 feet north of Wedgewood Avenue to the condition which it was in prior to the installation of said underground monitoring well and for any street closure.

SECTION 7. That the authority granted to B. P. Oil 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 8. B. P. Oil 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 one hundred thousand ($100,000) 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 of installation of said underground monitoring well. 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 of B. P. Oil Company of all provisions of this Ordinance shall be determined by the beginning of work.

SECTION 10. That this Ordinance shall take effect immediately after its adoption, and after the posting of the insurance required in Section 8, with the Metropolitan Clerk, the public welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Mansfield Douglas