ORDINANCE NO. BL2008-119
An Ordinance authorizing Dolphini Networks to install, construct, and maintain a telecommunications cable as an encroachment along Demonbreun Street and 6th Avenue South from Cummins Station to the Sommet Center within Davidson County (Proposal No. 2008M-009U-9).
WHEREAS: Dolphini Networks plans to install, construct and maintain telecommunications cable as an aerial and underground encroachment, along Demonbreun Street and 6th Avenue South within Davidson County under Proposal No. 2008M-009U-9 from Cummins Station to the Sommet Center; and
WHEREAS: Dolphini Networks 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: Dolphini 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 installation of said encroachment.
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, and contained herein and in the attached License Agreement, Dolphini Networks is hereby granted the privilege to construct and maintain said encroachment along Demonbreun Street and 6th Avenue South consisting of telecommunications cable solely to serve the Sommet Center, 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 Ordinance.
SECTION 2. That the authority granted hereby for the construction, installation, operation, and maintenance of said encroachment under Proposal No. 2008M-009U-9 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 Dolphini Networks.
SECTION 3. That plans and specifications for said encroachment under Proposal No. 2008M-009U-9 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 Dolphini Networks.
SECTION 4. That construction and maintenance of said encroachment under Proposal No. 2008M-009U-9 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 Ordinance confers upon Dolphini 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 Metropolitan Government, Dolphini Networks its successors and assigns, shall remove said encroachment at their own expense.
SECTION 6. Dolphini Networks shall pay all costs incident to the construction, installation, operation and maintenance of said encroachment under Proposal No. 2008M-009U-9 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. Dolphini Networks 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 Dolphini Networks 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. Dolphini 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 insured party, of at least three hundred thousand ($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 Dolphini Networks of all provisions of this Ordinance shall be determined by the beginning of work.
SECTION 10. The authority granted pursuant to this Ordinance 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 Ordinance shall only take effect for so long as Dolphini Networks 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 Dolphini Networks 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, Dolphini Networks shall request a franchise pursuant to Section 6.26.030 et seq. of the Metropolitan Code of Laws.
SECTION 12. This Ordinance shall not take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: Mike Jameson, Erica Gilmore
Other attachment(s) on file in the Metropolitan Clerk's Office
|Introduced:||February 5, 2008|
|Passed First Reading:||February 5, 2008|
Commission - Approved
Public Works Committee
Planning & Zoning Committee
|Passed Second Reading:||February 19, 2008|
|Passed Third Reading:||March 18, 2008|
|Approved:||March 20, 2008|