RESOLUTION NO. RS2009-678

RESOLUTION NO. RS2009-678

A Resolution authorizing Vanderbilt University to install, construct, and maintain an aerial telecommunications cable as an encroachment (Proposal No. 2009M-001EN-001).

WHEREAS: Vanderbilt University plans to install, construct and maintain telecommunications cable as an aerial encroachment, from 1231 18th Avenue South to 1025 16th Avenue South, under Proposal No. 2009M-001EN-001; and

WHEREAS: Vanderbilt University has represented to The Metropolitan Government of Nashville and Davidson County that it will not be offering local telecommunications service as a public utility; and

WHEREAS: Vanderbilt University 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 encroachment; and

WHEREAS: Section One to Ordinance 087-1890, allows the Council of the Metropolitan Government of Nashville and Davidson County to grant encroachments, permits, or privileges to construct, maintain and/or operate aerial cables, canopies, etc., over and/or across sidewalks and public rights-of-way by Resolution adopted by twenty-one (21) affirmative votes;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1. That subject to the requirements, limitations and conditions, and contained herein and in the attached License Agreement, Vanderbilt University is hereby granted the privilege to construct and maintain said encroachment consisting of telecommunications cable solely to serve Vanderbilt University, in accordance with the plans which are on file in the office of the Director of Public Works, and which are more particularly described by lines, words and figures on the attached route description and sketch which are attached to and made a part of this Resolution.

SECTION 2. That the authority granted hereby for the construction, installation, operation, and maintenance of said encroachment under Proposal No. 2009M-001EN-001 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 Vanderbilt University.

SECTION 3. That plans and specifications for said encroachment under Proposal No. 2009M-001EN-001 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 Vanderbilt University.

SECTION 4. That construction and maintenance of said encroachment under Proposal No. 2009M-001EN-001 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 Vanderbilt University 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 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 Metropolitan Government, Vanderbilt University, its successors and assigns, shall remove said encroachment at their own expense.

SECTION 6. Vanderbilt University shall pay all costs incident to the construction, installation, operation and maintenance of said encroachment under Proposal No. 2009M-001EN-001 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 the construction, installation, operation and maintenance of said encroachment 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. Vanderbilt University shall be responsible for the expense, if any, of repairing and returning right-of-way to the condition which it was in prior to the installation of said encroachment, and for any street closure.

SECTION 7. That the authority granted to Vanderbilt University 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. Vanderbilt University 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 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 encroachment. Said certificate of insurance shall be filed with the Metropolitan Clerk and the Department of Public Works 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 same shall be completed promptly, so as to cause the least inconvenience to the public. The acceptance by Vanderbilt University of all provisions of this Resolution shall be determined by the beginning of work.

SECTION 10. The authority granted pursuant to this Resolution shall not become effective until the certificate of insurance, as required in Section 8, has been posted with the Metropolitan Clerk and Department of Public Works.

SECTION 11. The provisions of this Resolution shall only take effect for so long as Vanderbilt University does not offer local telecommunications service to retail customers located in Davidson County or solicit businesses located in Davidson County for the purposes of offering local telecommunications service. In the event that Vanderbilt University commences to offer local exchange services as defined in Section 6.26.020 of the Metropolitan Code of Laws et seq. of the Metropolitan Code of Laws, Vanderbilt University shall request a franchise pursuant to Section 6.26.030 et seq. of the Metropolitan Code of Laws.

SECTION 12. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

LEGISLATIVE HISTORY
Referred to:	Planning Commission - Approved Public Works Committee Planning & Zoning Committee
Introduced:	March 17, 2009
Adopted:	March 17, 2009
Approved:	March 19, 2009
By: