An ordinance authorizing United Telephone Company to construct, install, and maintain an underground communications cable at Burkitt Road and Battle Road (Proposal No. 2004M-107G-12)

WHEREAS: United Telephone Company plans to construct, install and maintain a communications cable under the right of way at Burkitt Road and Battle Road; and

WHEREAS: United Telephone Company 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: United Telephone Company 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 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 herein set forth, United Telephone Company is hereby granted the privilege to construct and maintain an underground encroachment into Metro right of way at Burkitt Road, approximately .7 miles south of Old Hickory Boulevard, and Battle Road, for communications 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 encroachment 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 United Telephone Company.

SECTION 3. That plans and specifications for said encroachment shall be submitted to the Director of Public Works and the Director of Water Services 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 and the Director of Water Services prior to its use by United Telephone Company.

SECTION 4. That construction and maintenance of said encroachment 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 United Telephone Company, 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, United Telephone Company, its successors and assigns, shall remove said cable at their own expense.

SECTION 6. United Telephone Company shall pay all cost incident to the construction, installation, operation and maintenance of said encroachment 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 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. United Telephone Company shall be responsible for the expense, if any, of repairing and returning the right of way to the condition which it was in prior to the installation of said cable and for any street closure.

SECTION 7. That the authority granted to United Telephone Company 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. United Telephone Company 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 cable. 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 United Telephone Company, 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 United Telephone Company does not offer local telecommunications service; in the event that United Telephone Company commences to offer fiber optic services as defined in Section 6.26.020 of the Metropolitan Code of Laws United Telephone Company shall request a franchise pursuant to Section 6.26.030 et seq. of the Metropolitan Code of Laws.

SECTION 11. 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: Parker Toler

View Sketch

LEGISLATIVE HISTORY
Introduced:	December 7, 2004
Passed First Reading:	December 7, 2004
Referred to:	Planning Commission – Approved 9-0 (October 28, 2004) Public Works Committee Planning & Zoning Committee
Passed Second Reading:	December 21, 2004
Passed Third Reading:	January 18, 2005 - Roll Call Vote
Approved:	January 19, 2005
By: