ORDINANCE NO. BL2015-36

ORDINANCE NO. BL2015-36

An Ordinance authorizing Hunter Marine Transport, LLC, located at 525 Basswood Avenue and 6614 Robertson Avenue, to install, construct and maintain an underground and structural encroachment in the right-of-way of Robertson Avenue (Proposal No. 2015M-019EN-001).

WHEREAS: Hunter Marine Transport, LLC, located at 525 Basswood Avenue and 6614 Robertson Avenue, plans to install, construct and maintain an underground and structural encroachment comprised of an 8” steel liquid fertilizer pipe and a 1” waterline encroaching the public right-of-way of Robertson Avenue under Proposal No. 2015M-019EN-001; and

WHEREAS: Hunter Marine Transport, LLC, 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 and structural encroachment under Proposal No. 2015M-019EN-001; and

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, and contained herein and in the attached License Agreement, Hunter Marine Transport, LLC, is hereby granted the privilege to construct and maintain said underground and structural encroachment under Proposal No. 2015M-019EN-001 in accordance with the plans which are on file in the office of the Director of Public Works, and which are more particularly described by lines, words and figures on the attached sketches which are attached to and made a part of this Ordinance.

SECTION 2. That the authority granted hereby for the construction, installation, operation, and maintenance of said underground and structural encroachment under Proposal No. 2015M-019EN-001 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 Hunter Marine Transport, LLC.

SECTION 3. That plans and specifications for said underground and structural encroachment under Proposal No. 2015M-019EN-001 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 Hunter Marine Transport, LLC.

SECTION 4. That construction and maintenance of said encroachment by Hunter Marine Transport, LLC, under Proposal No. 2015M-019EN-001 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 Hunter Marine Transport, LLC, 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 Metropolitan Government, Hunter Marine Transport, LLC, its successors and assigns, shall remove said encroachment at their own expense.

SECTION 6. Hunter Marine Transport, LLC, its successors and assigns, shall pay all costs incident to the construction, installation, operation and maintenance of said underground and structural encroachment under Proposal No. 2015M-019EN-001, 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 the construction, installation, operation and maintenance of said underground and structural encroachment, 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. Hunter Marine Transport, LLC, its successors and assigns, shall be responsible for the expense, if any, of repairing and returning right-of-way to the condition which it was in prior to the installation of said underground and structural encroachment and for any street closure.

SECTION 7. That the authority granted to Hunter Marine Transport, LLC, 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. Hunter Marine Transport, LLC, shall be and it is hereby required to furnish The Metropolitan Government of Nashville and Davidson County a certificate of commercial general liability insurance, naming The Metropolitan Government as an insured party of at least two million ($2,000,000) dollars aggregate and including five million ($5,000,000) in pollution liability coverage 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, installation, operation and maintenance of said encroachment. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to Metro. 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 Hunter Marine Transport, LLC, shall mark the location of said underground and structural encroachment under Proposal No. 2015M-019EN-001 by use of buried pipeline flags, detectable underground warning, and must obtain membership in Tennessee One-Call for environmental and infrastructure protection.

SECTION 10. 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 Hunter Marine Transport, LLC, of all provisions of this Ordinance shall be determined by the beginning of work.

SECTION 11. 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 Department of Public Works.

SECTION 12. This Ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

LEGISLATIVE HISTORY
Introduced:	October 20, 2015
Passed First Reading:	October 20, 2015
Referred to:	Planning Commission - Approved Public Works Committee - Approved Planning & Zoning Committee - Approved
Deferred:	November 3, 2015
Passed Second Reading:	November 17, 2015
Passed Third Reading:	December 1, 2015
Approved:	December 2, 2015
By: