RESOLUTION NO. RS2002-1165
A resolution authorizing Vanderbilt University to construct, install, and maintain fiberoptic cable over the public right-of-way (Proposal No. 2002M-080U-10).
WHEREAS: Vanderbilt University plans to construct, install and maintain fiberoptic cable above the public right-of-way; 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 fiberoptic 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 herein set forth, Vanderbilt University is hereby granted the privilege to construct and maintain approximately 4,700 feet of fiberoptic cable at a minimum height of 18 feet over the public right-f-of-way, extending from 115 28th Avenue South to 3319 West End Avenue, 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 said 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 Vanderbilt University.
SECTION 3. That plans and specifications for said fiberoptic 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 Vanderbilt University.
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 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 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, Vanderbilt University, its successors and assigns, shall remove said fiberoptic cable at their own expense.
SECTION 6. Vanderbilt University shall pay all cost incident to the construction, installation, operation and maintenance of said fiberoptic 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 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. Vanderbilt University shall be responsible for the expense, if any, of repairing and returning the site to the condition which it was in prior to the installation of said fiberoptic cable 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 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 fiberoptic
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
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 by Vanderbilt University, of all provisions of this Resolution shall be determined by the beginning of work.
SECTION 10. The provisions of this Resolution shall only be effective for so long as Vanderbilt University does not offer local telecommunications service as a public utility; and in the event that it commences to offer fiber optic services as defined in Section 6.26.020 of the Metropolitan Code of Laws, Vanderbilt shall request a franchise pursuant to Section 6.26.030 et seq. of the Metropolitan Code of Laws.
SECTION 11. 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.
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.
Sponsored by: Ginger Hauser, Jim Shulman
Commission - Approved 9-0 (08/22/02)
Public Works Committee
Planning & Zoning Committee
|Introduced:||September 17 , 2002|
|Adopted:||September 17 , 2002|
|Approved:||September 20, 2002|