LEGISLATIVE HISTORY
Budget & Finance Committee
Public Works Committee
Planning & Zoning Committee
ORDINANCE NO. BL2000-251
An ordinance authorizing Williams Communications, Inc., to construct, install, and maintain fiber optic cable within Davidson County, Tennessee, (Proposal No. 99M-141-U-00), all of which is more particularly described herein.
WHEREAS: Williams Communications, Inc., plans to construct, install and maintain approximately 32 miles of fiber optic cable within the borders of Davidson County; and
WHEREAS: Williams Communications, 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: Williams Communications, 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;
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, Williams Communications, Inc., is hereby granted the privilege to construct and maintain 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 Williams Communications, 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 any use thereof.
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 Williams Communications, 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, Williams Communications, Inc,, its successors and assigns, shall remove said fiber optic cable at their own expense.
SECTION 6. Williams Communications, Inc., shall pay all cost incident to the construction, installation, operation and maintenance of said 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 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. Williams Communications, Inc., shall be responsible for the expense, if any, of repairing and returning the fiber optic cable route to the condition which it was in prior to the installation of said fiber optic cable and for any street closure.
SECTION 7. That the authority granted to Williams Communications, 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. Williams Communications 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 ten million ($10,000,000) 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 Williams Communications, 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 Williams Communications, Inc., does not offer local telecommunications service; in the event that Williams Communications, Inc., commences to offer fiber optic services as defined in Section 6.26.020 of the Metropolitan Code of Laws Williams Communications, 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.
Sponsored by: Don Majors, Ludye Wallace, Edward Whitmore, Melvin Black, Bettye Balthrop, Leo Waters
LEGISLATIVE HISTORY |
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|---|---|
| Introduced: | April 4, 2000 |
| Passed First Reading: | April 4, 2000 |
| Referred to: | Planning
Commission - Approved 7-0 (3/16/00) Budget & Finance Committee Public Works Committee Planning & Zoning Committee |
| Passed Second Reading: | April 18, 2000 |
| Passed Third Reading: | May 16, 2000 |
| Approved: | May 18, 2000 |
| By: | |