An ordinance authorizing Nashville Data Link, Inc., to construct, install, and maintain fiber optic cable within Davidson County, Tennessee, all of which is more particularly described herein (Proposal No. 2005M-102U).

WHEREAS, Nashville Data Link, Inc., plans to construct, install and maintain approximately 19.21 miles of telecommunications cable within the borders of Davidson County; and

WHEREAS, Nashville Data Link, Inc., has represented to the Metropolitan Government of Nashville and Davidson County that it will not be using this cable to offer local exchange telecommunications service to retail customers located in Davidson County;

WHEREAS, Nashville Data Link, 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 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, Nashville Data Link, Inc., is hereby granted the privilege to construct and maintain telecommunications cable, along the following routes:

Segment 1. Beginning at NES Pole 12842006 on Hickory Hollow Parkway, proceed north approximately 0.1 miles on the pole line to State Road 254 (Bell Road). Proceed west along Bell Road under the CSX Railroad approximately 0.03 miles. Resume aerial construction westward approximately 0.4 miles to Cane Ridge Road. Proceed north on Cane Ridge Road approximately 0.09 miles of aerial construction and approximately 0.04 miles of underground construction to the Bell South Zero manhole at 5200 Cane Ridge Road. The aerial portion of this segment is approximately 0.59 miles and the underground portion is approximately 0.07 miles;

Segment 2. Beginning at NES Pole 11725206 adjacent to Ezell Road, proceed south approximately 0.3 miles on the pole line to Antioch Pike. Proceed south along Antioch Pike approximately 2.15 miles to Blue Hole Road and then proceeding approximately 1 mile to Bell Road. Proceed south on Bell Road approximately 0.8 miles to Cane Ridge Road. At this point the route proceeds underground approximately 0.08 miles to the Bell South Zero manhole at 5200 Cane Ridge Road. The aerial portion of this segment is approximately 4.25 miles and the underground portion is approximately 0.08 miles;

Segment 3. From the Tennessee Valley Authority Substation on Home Road proceed east on Home Road approximately 0.14 miles to the intersection with Gallatin Pike, using aerial construction for approximately 0.08 miles and underground construction for approximately 0.06 miles. From this point, proceed south on Gallatin Pike using aerial construction for approximately 0.4 miles to Elvira Ave. Proceed west on Elvira Ave. approximately 0.4 miles to Keeling Ave. Proceed south on Keeling Ave. approximately 0.17 miles to Trinity Lane then proceed west on Trinity Lane approximately 0.12 miles to enter the facility at 1006 East Trinity Lane. The aerial portion of this segment is approximately 1.17 miles and the underground portion is approximately 0.06 miles;

Segment 4. From the Tennessee Valley Authority Substation on Campbell Road proceed east to Gallatin Pike approximately 0.15 miles to the intersection with Gallatin Pike, using aerial construction for 0.09 miles and underground construction for 0.06 miles. From this point proceed north on Gallatin Pike using aerial construction for approximately 0.75 miles to Edenwold Road. Proceed east on Edenwold Road approximately 0.7 miles to the splice location on Edenwold adjacent to the CSX right-of-way. The aerial portion of this segment is approximately 1.54 miles and the underground portion is approximately 0.06 miles;

Segment 5. From the Tennessee Valley Authority Substation at the intersection of Brick Church Lane and Brick Church Pike proceed north on Brick Church Pike approximately 3.1 miles to the intersection with State Route 45, using aerial construction for approximately 3 miles and underground construction for approximately 0.1 miles. From this point proceed west on State Route 45 using underground construction for approximately 0.7 miles to Hickory Hills Blvd. Proceed north on Hickory Hills Blvd. approximately 0.4 miles using underground construction to the Verizon MTSO site at 533 Hickory Hills Blvd. The aerial portion of this segment is approximately 3 miles and the underground portion is approximately 1.2 miles;

Segment 6. From the Tennessee Valley Authority Tower at the eastern end of Bellavista Blvd. proceed north to Bellavista Blvd. approximately 0.06 miles, using underground construction. From this point, proceed west on Bellavista Blvd. and then south on Grandville Blvd. using aerial construction for approximately 0.4 miles to State Route 45. Proceed west on State Route 45 approximately 1.3 miles to the intersection of Hickory Hills Blvd. Proceed north on Hickory Hills Blvd. approximately 0.4 miles using aerial construction and 0.1 miles using underground construction to the Verizon MTSO site at 533 Hickory Hills Blvd. The aerial portion of this segment is approximately 2.1 miles and the underground portion is approximately 0.16 miles;

Segment 7. From the Tennessee Valley Authority Tower at the end of Walker Lane proceed north on Walker Lane approximately 0.2 miles to W. Nocturne Dr., using aerial construction for approximately 0.14 miles and underground construction for approximately 0.06 miles. From this point proceed east on W. Nocturne Dr. for approximately 0.56 miles using aerial construction to Whites Creek Pike. Proceed south on Whites Creek Pike for approximately 0.5 miles to Trinity Lane. On Trinity Lane proceed east for approximately 0.8 miles to Brick Church Pike. Proceed north on Brick Church Pike approximately 0.39 miles to the structure on 2627 Brick Church Pike, using aerial construction for approximately 0.29 miles and underground construction for approximately 0.1 miles. The aerial portion of this segment is approximately 2.29 miles and the underground portion is approximately 0.16 miles; and

Segment 8. From the Tennessee Valley Authority Substation at the intersection of Brick Church Lane and Brick Church Pike proceed south on Brick Church Pike approximately 2.4 miles to 2627 Brick Church Pike, using aerial construction. From this point, proceed east to the structure on 2627 Brick Church Pike using underground construction for approximately 0.08 miles. The aerial portion of this segment is approximately 2.4 miles and the underground portion is approximately 0.08 miles.

Section 2. That the authority granted hereby for the construction, installation, operation, and maintenance of the 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 Nashville Data Link, Inc.

Section 3. That plans and specifications for said 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 cable shall be under the direction and supervision and control of the Director of Public Works and the Nashville Electric Service, and its installation, when completed, must be approved by said Director.

Section 5. That this Ordinance confers upon Nashville Data Link, 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 judgment, 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, Nashville Data Link, Inc., its successors and assigns, shall remove said cable at their own expense.

Section 6. Nashville Data Link, Inc., shall pay all cost incident to the construction, installation, operation and maintenance of said cable 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 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. Nashville Data Link, Inc., shall be responsible for the expense, if any, of repairing and returning the cable route 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 Nashville Data Link, 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. Nashville Data Link, 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 (i) One Million ($1,000,000) dollars aggregate, for the payment of any judgment 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 as long as said cable is installed upon existing poles, or (ii) Ten Million ($10,000,000) dollars aggregate, for the payment of any judgment 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 if the installation of said cable requires any excavation in the right of way of the Metropolitan Government. 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 Nashville Data Link, 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 Nashville Data Link, Inc., does not offer local telecommunications service to retail customers located in Davidson County; in the event that Nashville Data Link, Inc., commences to offer local exchange services as defined in Section 6.26.020 of the Metropolitan Code of Laws Nashville Data Link, 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: Jim Shulman, David Briley, Carolyn Baldwin Tucker

LEGISLATIVE HISTORY
Introduced:	May 3, 2005
Passed First Reading:	May 3, 2005
Referred to:	Planning Commission Public Works Committee Planning & Zoning Committee
Deferred:	May 17, 2005
Passed Second Reading:	June 7, 2005
Passed Third Reading:	June 21, 2005
Approved:	June 23, 2005
By: