LEGISLATIVE HISTORY
Public Works Committee
Planning & Zoning Committee
ENACTED 06/15/1999
ORDINANCE NO. O99-1646
An ordinance authorizing The General Board of Discipleship - the United Methodist Church, to construct, install, and maintain an underground fiber optic cable beneath Grand Avenue to link the Kern Building at 1001 19th Avenue South and the Denman Building at 1908 Grand Avenue (Proposal No. 99M-042U), all of which is more particularly described herein.
WHEREAS: The General Board of Discipleship - the United Methodist Church plans to construct, install and maintain an underground fiber optic cable beneath Grand Avenue to link the Kern Building at 1001 19th Avenue South and the Denman Building at 1908 Grand Avenue;
WHEREAS: The General Board of Discipleship - the United Methodist Church 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 fiber optic cable; 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, The General Board of Discipleship - the United Methodist Church is hereby granted the privilege to construct and maintain an underground fiber optic cable, 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 fiber optic cable 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 The General Board of Discipleship - the United Methodist Church.
SECTION 3. That plans and specifications for said underground fiber optic cable 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 The General Board of Discipleship - the United Methodist Church.
SECTION 4. That construction and maintenance of said underground fiber optic cable 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 The General Board of Discipleship - the United Methodist Church, 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, The General Board of Discipleship - the United Methodist Church, its successors and assigns, shall remove said underground fiber optic cable at their own expense.
SECTION 6. The General Board of Discipleship - the United Methodist Church shall pay all cost incident to the construction, installation, operation and maintenance of said underground fiber optic cable 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 fiber optic cable 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. The General Board of Discipleship - the United Methodist Church shall be responsible for the expense, if any, of repairing and returning 1001 19th Avenue South and 1908 Grand Avenue to the condition which they were in prior to the installation of said underground fiber optic cable and for any street closure.
SECTION 7. That the authority granted to The General Board of Discipleship - the United Methodist Church 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. The General Board of Discipleship - the United Methodist Church 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 three hundred thousand ($300,000) 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 fiber optic cable. 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 The General Board of Discipleship - the United Methodist Church, 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: Julius Sloss
LEGISLATIVE HISTORY |
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| Introduced: | April 20, 1999 |
| Passed First Reading: | April 20, 1999 |
| Referred to: | Planning
Commission - Approved 7-0 (4/1/99) Public Works Committee Planning & Zoning Committee |
| Deferred: | May 18, 1999 |
| Passed Second Reading: | June 1, 1999 |
| Passed Third Reading: | June 15, 1999 |
| Approved: | June 21, 1999 |
| By: | |