WHEREAS, Warner Music Group plans to construct, install and maintain a communication duct into the public right of way; and

WHEREAS, Warner Music Group has represented to The Metropolitan Government of Nashville and Davidson County that it will not be offering local telecommunications service as a public utility; and

WHEREAS, Warner Music Group 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 communication duct.

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 herein set forth, Warner Music Group is hereby granted the privilege to construct and maintain a communication duct under the public right of way between the buildings located at 20 and 21 Music Square East, 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 communication duct 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 removal or relocation of said communication duct at the expense of Warner Music Group.

SECTION 3. That plans and specifications for said communication duct 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 Warner Music Group.

SECTION 4. That construction and maintenance of said communication duct 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 Warner Music Group, 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, Warner Music Group, its successors and assigns, shall remove said communication duct at their own expense.

SECTION 6. Warner Music Group shall pay all costs incident to the construction, installation, operation and maintenance of said communication duct 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 said construction, installation, operation and maintenance of said communication duct 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. Warner Music Group shall be responsible for the expense, if any, of repairing and returning the right of way to the condition in which it was prior to the installation of said communication duct and for any street closure.

SECTION 7. That the authority granted to Warner Music Group 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. Warner Music Group shall be and is hereby required to furnish to 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 communication duct. 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 Warner Music Group, 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 Warner Music Group does not offer local telecommunications service; in the event that Warner Music Group commences to offer fiber optic services as defined in Section 6.26.020 of the Metropolitan Code of Laws Warner Music Group shall request a franchise pursuant to Section 6.26.030 et seq. of the Metropolitan Code of Laws.
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 Metropolitan Clerk.

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.

Sponsored by: Ludye Wallace

LEGISLATIVE HISTORY
Introduced:	July 1, 2003
Passed First Reading:	July 1, 2003
Referred to:	Planning Commission - Approved 7-0 (06/12/2003) Traffic & Parking Commission - Approved (06/09/2003) Public Works Committee Planning & Zoning Committee
Deferred:	July 15, 2003
Passed Second Reading:	August 5, 2003
Passed Third Reading:	August 19, 2003
Approved:	August 20, 2003
By: