WHEREAS: A. J. Smith Company plans to construct, install and maintain a fiber optic cable across Charlotte Pike between two N.E.S. poles at an elevation of 22 feet above ground, located between 31^st Avenue North and Interstate 440.

WHEREAS: A. J. Smith 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 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, A. J. Smith Company 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 Resolution.

SECTION 2. That the authority granted hereby for the construction, installation, operation, and maintenance of a fiber optic cable shall not be construed as a surrender by the Metropolitan Government of its rights or power to pass resolutions or resolutions 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 A. J. Smith Company.

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 A. J. Smith Company.

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 Resolution confers upon A. J. Smith Company, a privilege and not a franchise, and the Mayor and the Metropolitan Council herein expressly reserve the right to repeal this Resolution, 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, A. J. Smith Company, its successors and assigns, shall remove said fiber optic cable at their own expense.

SECTION 6. A. J. Smith Company 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. A. J. Smith Company shall be responsible for the expense, if any, of repairing and returning 31^st Avenue North and Interstate 440 to the condition which it was in prior to the installation of said fiber optic cable and for any street closure.

SECTION 7. That the authority granted to A. J. Smith 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. A. J. Smith 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 * 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 A. J. Smith Company, of all provisions of this Resolution shall be determined by the beginning of work.

SECTION 10. That this Resolution 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: Willis McCallister & Tim Garrett

LEGISLATIVE HISTORY
Referred to:	Approved by Planning Commission  (6-0-1) Public Works Committee Planning & Zoning Committee
Introduced:	October 6, 1998
Adopted:	October 6, 1998
Approved:	October 8, 1998
By: