ORDINANCE NO. BL2015-1131

An ordinance approving a Relocation Agreement providing for Metropolitan Government departments having equipment attached to space provided on poles as permitted by third parties to relocate that equipment as needed to accommodate Google Fiber’s construction or placement of its fiber optic cables in space provided on poles as permitted by third parties, at Google Fiber’s expense, or allowing Google Fiber to relocate such equipment itself at its own expense (Proposal No. 2015M-012PR-001).

WHEREAS, Google Fiber can provide internet access that is up to 100 times faster than basic broadband; and,

WHEREAS, Nashville’s residents and diverse economy including music, healthcare, technology and universities would benefit from the availability of Google Fiber; and,

WHEREAS, Google Fiber has received a statewide certificate of franchise authority pursuant to the Competitive Cable and Video Services Act (the CCVSA), T.C.A. Section 7-59-301 et seq.; and,

WHEREAS, the CCVSA allows a cable or video service provider to obtain a “nonexclusive grant of authority to provide cable or video service” and “to construct, maintain and operate facilities through, along, upon, over and under any public rights of way, subject to the laws of this state, including the lawful exercise of police powers of the municipalities and counties in which the [cable or video] service is delivered”; and,

WHEREAS, Google Fiber may want to construct and/or modify the placement of its fiber optic cables and equipment in space provided on poles as permitted by third parties; and,

WHEREAS, Metro may have certain equipment currently in space provided on poles by third parties (“Equipment”), and in order to accommodate Google Fiber’s modifications, it may be necessary for Metro to relocate, transfer, and/or adjust the position of the Equipment or, under the conditions described below, allow Google Fiber to do so (“Relocation Project”); and,

WHEREAS, in order to perform the relocation in a timely manner, Google Fiber has agreed to pay all actual, reasonable, and documented costs and expenses of Metro for the Relocation Project, as is provided in more detail in the Relocation Agreement attached hereto as Exhibit A; and,

WHEREAS, it is to the benefit of the citizens of The Metropolitan Government of Nashville and Davidson County that the attached Relocation Agreement be approved.

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

Section 1. That the Relocation Agreement between The Metropolitan Government of Nashville and Davidson County and Google Fiber company, attached hereto and incorporated herein as Exhibit A, is hereby approved and the Metropolitan Mayor is hereby authorized to execute same.

Section 2. Any amendments, renewals, or extension of the terms of the Relocation Agreement may be approved by resolution of the Metropolitan Council.

Section 3. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Bill Pridemore, Anthony Davis, Walter Hunt

If you would like a copy of the attachment to any ordinance or resolution, please email your request to the Metro Clerk's Office at metro.clerk@nashville.gov

LEGISLATIVE HISTORY
Introduced:	May 19, 2015
Passed First Reading:	May 19, 2015
Referred to:	Planning Commission Public Works Committee Planning & Zoning Committee
Passed Second Reading:	June 2, 2015
Passed Third Reading:	June 9, 2015
Approved:	June 10, 2015
By: