ORDINANCE NO. BL99-67

An ordinance authorizing Williams Communications, Inc. to construct, install, and maintain a fiber optic cable approximately 24 miles long through Davidson County beginning at the county's southern boundary on Nolensville Pike (State Route 11) and following Nolensville Pike to 2nd Avenue South and 2nd Avenue North, then turning right on Church Street and left on 1st Avenue North, crossing the Cumberland River via Woodland Street, then turning north on South 5^th Street, then north on Dickerson Pike (State Route 11), and following Dickerson Pike to its termination at Dry Fork Creek/Dickerson Pike (Proposal No. 99M-141U), all of which is more particularly described herein.

WHEREAS: Williams Communications, Inc. plans to construct, install and maintain a fiber optic cable approximately 24 miles long through Davidson County beginning at the county's southern boundary on Nolensville Pike (State Route 11) and following Nolensville Pike to 2nd Avenue South and 2nd Avenue North, then turning right on Church Street and left on 1st Avenue North, crossing the Cumberland River via Woodland Street, then turning north on South 5^th Street, the north on Dickerson Pike (State Route 11), and following Dickerson Pike to its termination at Dry Fork Creek/Dickerson Pike;

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; 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, Williams Communications, 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 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 its use by Williams Communications, 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 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 Nolensville Pike (State Route 11), 2^nd Avenue South, 2^nd Avenue North, Church Street, 1^st Avenue North, Woodland Street, South 5^th Street, Dickerson Pike (State Route 11) and Dry Creek 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 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, 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 Williams Communications, Inc., 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: Don Majors