An ordinance authorizing Tennessee Independent Telecommunications Group, LLC d/b/a Iris Networks, to construct, install, and maintain fiber optic cable within Davidson County, Tennessee, all of which is more particularly described herein (Proposal No. 2007M-154).

WHEREAS: Tennessee Independent Telecommunications Group, LLC d/b/a Iris Networks (“Iris Networks”), plans to construct, install and maintain approximately 13.7 miles of telecommunications cable within the borders of Davidson County; and

WHEREAS: Iris Networks 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: Iris Networks 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 construction, installation, operation and maintenance 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, Iris Networks is hereby granted the privilege to construct and maintain telecommunications cable, along the following route:

Beginning at the corner of Jo Johnston Ave. & 16th Ave North, Going North on 16th for 2,118 feet to Jackson St. Turning West on Jackson for 1,165 feet to Dr. DB Todd Jr. Blvd. Going North West on Dr. DB Todd Jr. Blvd. for 1.32 miles to 18th Ave. North. Going North on 18th Ave. North for 301 feet to McDaniel St. West on McDaniel for 431 feet to Clarksville Pike. Going North on Clarksville Pike for 5.32 miles to Dry Fork Rd. Going east on Dry Fork RD for 1,719 feet to Buena Vista Pike. Going North on Buena Vista Pike for 1,844 feet where Buena Vista becomes Whites Creek Pike. Continuing North on Whites Creek Pike for 5,079 feet to Old Hickory Blvd. Going East on Old Hickory Blvd. for 2.29 miles to Hickory Hills Blvd. Going North on Hickory Hills Blvd. for 1,622 feet to Nashville Electric Service pole number 05526004. This portion of the route is all aerial.

The route will then go underground from Nashville Electric Service pole number 05526004 South on Hickory Hills Blvd. for 1622 feet to Old Hickory Blvd. The route will go East on Old Hickory Blvd. for 212 feet to Nashville Electric Service pole number 05536004 where the route will go aerial. The route goes East on Old Hickory for 1.27 miles to Grandville Blvd. Going North on Granville Blvd for 1,594 feet to Bellavista Blvd. Going East on Bellavista Blvd. for 452 feet to Nashville Electric Service pole number 05623013. From here the route goes underground on private property at 1391 Bellavista Blvd. (map & parcel no. 03215003300) for 167 feet to the TVA tower.

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 Iris Networks.

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 Iris Networks 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, Iris Networks, its successor and assigns, shall remove said cable at their own expense.

SECTION 6. Iris Networks 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, Iris Networks 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 Iris Networks as herein described, shall not in any way interfere with the right 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. Iris Networks 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 injured party, of at least (1) 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 (11) 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 cancelled 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 Iris Networks 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 Iris Networks does not offer local telecommunications service to retail customers located in Davidson County; in the event that Iris Networks commences to offer local exchange services as defined in Section 6.26.020 of the Metropolitan Code of Laws, Iris Networks 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: Walter Hunt, Lonnell Matthews, Frank Harrison, Erica Gilmore

Attachment(s) on file in the Metropolitan Clerk's Office

LEGISLATIVE HISTORY
Introduced:	October 2, 2007
Passed First Reading:	October 2, 2007
Referred to:	Planning Commission Public Works Committee Planning & Zoning Committee
Passed Second Reading:	October 16, 2007
Passed Third Reading:	November 20, 2007
Approved:	November 27, 2007
By: