An ordinance authorizing Pinnacle National Bank to construct, install, and maintain underground encroachments under the public right of way at alley #382. (Proposal No. 2004M-012U-10)

WHEREAS: Pinnacle National Bank plans to construct, install and maintain underground encroachments under the public right of way at alley #382;

WHEREAS: Pinnacle National Bank 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: Pinnacle National Bank 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 encroachments; 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 herein set forth, Pinnacle National Bank is hereby granted the privilege to construct and maintain underground encroachments under the alley #382 consisting of: two 4-1/2” steel pneumatic tubes, ten 1”schedule 40 pvc conduit tubes, one 2” schedule 40 pvc conduit tube and a 2” irrigation sleeve; 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 encroachments 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 Pinnacle National Bank.

SECTION 3. That plans and specifications for said encroachment 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 Pinnacle National Bank.

SECTION 4. That construction and maintenance of said encroachments 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 Pinnacle National Bank, 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, Pinnacle National Bank, its successors and assigns, shall remove said encroachments at their own expense.

SECTION 6. Pinnacle National Bank shall pay all cost incident to the construction, installation, operation and maintenance of said encroachments 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 encroachments 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. Pinnacle National Bank shall be responsible for the expense, if any, of repairing and returning the alley to the condition which it was in prior to the installation of said encroachments and for any street closure.

SECTION 7. That the authority granted to Pinnacle National Bank 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. Pinnacle National Bank 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 encroachments. 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 Pinnacle National Bank, 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 Pinnacle National Bank does not offer local telecommunications service; in the event that Pinnacle National Bank commences to offer fiber optic services as defined in Section 6.26.020 of the Metropolitan Code of Laws Pinnacle National Bank 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: Edward Whitmore

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LEGISLATIVE HISTORY
Introduced:	April 6, 2004
Passed First Reading:	April 6, 2004
Referred to:	Planning Commission – Approved 7-0 (February 26, 2004) Public Works Committee Planning & Zoning Committee
Passed Second Reading:	April 20, 2004
Passed Third Reading:	May 18, 2004
Approved:	May 19, 2004
By:
Effective: