ORDINANCE NO. BL2016-236

An Ordinance to amend Section 6.26.020.A. of the Metropolitan Code of Laws.

WHEREAS, it is essential to ensure that there is adequate public oversight of all parties who are permitted to excavate within or obstruct the public rights of way of the Metropolitan Government; and,

WHEREAS, even when a party intending to excavate within or obstruct a public right of way is a franchisee of the Metropolitan Government, the Department of Public Works needs the same information about the work to be performed by that party as they would need from any other permittee under sections 13.20.020 and 13.20.030 of the Metropolitan Code in order to be able to ensure the public safety is adequately protected; and,

WHEREAS, it would not, however, be necessary for a franchisee to comply with Section 13.20.050 of the Metropolitan Code in that such a franchisee must already have provided the Metropolitan Government with bond and insurance security under Chapter 6.26 of the Metropolitan Code, and so requiring them to comply with Section 13.20.050 as well would be duplicative; and,

WHEREAS, it is therefore in the best interests of the Metropolitan Government that Section 6.26.020.A. of the Metropolitan Code be amended to exempt franchisees from compliance with Section 13.20.050 of the Metropolitan Code rather than from Sections 13.20.020 and 13.20.030.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Section 6.26.060.A. of the Metropolitan Code of Laws is hereby amended as follows:
The last clause of the first sentence of this subsection, providing: “except that the provisions of Sections 13.20.020 and 13.20.030 shall not be applicable” is hereby deleted and replaced with the following: “except that the provisions of Section 13.20.050 shall not be applicable.”

Section 2. That this ordinance shall take effect upon its adoption, the public welfare requiring it.

Sponsored by: Jeremy Elrod

LEGISLATIVE HISTORY
Introduced:	May 17, 2016
Passed First Reading:	May 17, 2016
Referred to:	Public Works Committee
Passed Second Reading:	June 7, 2016
Passed Third Reading:	June 21, 2016
Approved:	June 22, 2016
By: