Metropolitan Nashville and Davidson County, TN - File #: RS2024-635

• File #: RS2024-635
• Type: Resolution
• Status: Passed
• File created: 7/25/2024
• In control: Metropolitan Council
• On agenda: 8/6/2024
• Final action: 8/6/2024
• Title: A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of Zayo Group, LLC against the Metropolitan Government of Nashville and Davidson County in the amount of $40,750.00, with said amount to be paid out of the Self-Insured Liability Fund.
• Sponsors: Delishia Porterfield

Date	Action By	Action
8/7/2024	Mayor	approved
8/6/2024	Metropolitan Council	adopted
8/5/2024	Budget and Finance Committee	approved
7/30/2024	Metropolitan Council	filed

title

A resolution authorizing the Metropolitan Department of Law to compromise and settle the property damage claim of Zayo Group, LLC against the Metropolitan Government of Nashville and Davidson County in the amount of $40,750.00, with said amount to be paid out of the Self-Insured Liability Fund.

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WHEREAS, on August 17, 2023, Metropolitan Water and Sewer Stormwater employees were cleaning and redefining a ditch when the underground fiber optic cable belonging to Zayo Group, LLC was severed, causing a service outage at the company; and,   

WHEREAS, after investigation, the Department of Law believes the settlement listed in Section 1 is fair and reasonable and in the best interest of the Metropolitan Government and recommends that the property damage claim of Zayo Group, LLC be compromised and settled for a total of $40,750.00, and that this amount be paid from the Self-Insured Liability Fund.

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

Section 1:                       The Metropolitan Department of Law is authorized to compromise and settle the property damage claim of Zayo Group, LLC for the sum of $40,750.00, with said amount to be paid from the Self-Insured Liability Fund.

Section 2:                       This resolution shall take effect from and after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Agenda Analysis

Analysis

On August 17, 2023, Metro Stormwater employees were redefining a ditch when they cut a marked, underground fiber optic cable belonging to Zayo Group, LLC. This caused a service outage for the company at 2119 Antioch Pike. Pictures from the incident show the line to be marked in the roadway.

The Department of Law recommends settlement of Zayo Group, LLC’s property damage claim for $40,750.

Disciplinary actions against the Metro employees involved are pending based on supervisory review.

Fiscal Note: The total settlement amount is $40,750. This settlement along with Resolution Nos. RS2024-627 and RS2024-631 would be the 1^st, 2^nd, and 3^rd payment from the Self-Insured Liability Fund in FY25 for a cumulative total of $203,386. The fund balance would be $15,013,389 after this payment.