ORDINANCE NO. O99-1832

ENACTED 08/17/1999

ORDINANCE NO. O99-1832

An ordinance authorizing Digital Teleport, Inc. to construct, install, and maintain a fiber optic cable beginning at the northwest corner of Charlotte Pike and Davidson Street extending southeast to Davidson Drive, Harding Road, Harding Place and then terminating at the intersection of Harding Place and Franklin Road (Proposal No. 99M-116U), all of which is more particularly described herein.

WHEREAS: Digital Teleport, Inc. plans to construct, install and maintain a fiber optic cable beginning at the northwest corner of Charlotte Pike and Davidson Street extending southeast to Davidson Street, Harding Road, Harding Place and then terminating at the intersection of Harding Place and Franklin Road;

WHEREAS: Digital Teleport, Inc. has represented to the Metropolitan Government of Nashville and Davidson County that it will not be offering local telecommunications service as a public utility;

WHEREAS: Digital Teleport, Inc. 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 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, Digital Teleport, Inc. is hereby granted the privilege to construct and maintain a 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 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 Digital Teleport, Inc.

SECTION 3. That plans and specifications for said 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 Digital Teleport, Inc.

SECTION 4. That construction and maintenance of said 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 Digital Teleport, Inc., 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, Digital Teleport, Inc., its successors and assigns, shall remove said fiber optic cable at their own expense.

SECTION 6. Digital Teleport, Inc. shall pay all cost incident to the construction, installation, operation and maintenance of said fiber optic cable 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 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. Digital Teleport, Inc. shall be responsible for the expense, if any, of repairing and returning Charlotte Pike,Davidson Street, Harding Road, Harding Place and Franklin Road to the condition which they were in prior to the installation of said fiber optic cable and for any street closures.

SECTION 7. That the authority granted to Digital Teleport, Inc. 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. Digital Teleport, Inc. 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 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 Digital Teleport, Inc., of all provisions of this Ordinance shall be determined by the beginning of work.

SECTION 10. The provisions of this Ordinance shall only be effective for so long as Digital Teleport, Inc. does not offer local telecommunications service; in the event that Digital Teleport, Inc. commences to offer fiber optic services as defined in Section 6.26.020 of the Metropolitan Code of Laws Digital Teleport, Inc. shall request a franchise pursuant to Section 6.26.030 et seq. of the Metropolitan Code of Laws.

SECTION 11. 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.

LEGISLATIVE HISTORY
Introduced:	July 20, 1999
Passed First Reading:	July 20, 1999
Referred to:	Planning Commission Public Works Committee Planning & Zoning Committee
Passed Second Reading:	August 3, 1999
Passed Third Reading:	August 17, 1999
Approved:	August 20, 1999
By: