ORDINANCE NO. BL2016-302

ORDINANCE NO. BL2016-302

An ordinance granting a franchise to TN Backhaul Networks, LLC, to construct, operate, and maintain a telecommunications system within Metropolitan Nashville and Davidson County under the provisions of Metropolitan Code of Laws, Title 6, Chapter 26 (Proposal No. 2016M-001FR-001).

WHEREAS, in Metropolitan Code of Laws, Title 6, Chapter 26 (the Fiber Optic Franchise Ordinance), the Council of The Metropolitan Government of Nashville and Davidson County established terms and conditions for any company wishing to construct, operate, and maintain a telecommunications system in the public right-of-ways, using fiber optic cable, in whole or in part; and,

WHEREAS, TN Backhaul Networks, LLC, a Delaware limited liability company duly authorized to do business in the State of Tennessee (hereinafter "Grantee"), has duly filed an application for such a franchise and has warranted that it is financially capable to construct, maintain, and operate a telecommunications system.

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

Section 1. That a franchise to construct, operate and maintain a telecommunications system, as defined by the Metropolitan Code of Laws, Title 6, Chapter 26, within Metropolitan Nashville and Davidson County is hereby granted to Grantee in accordance with the terms and conditions of the Fiber Optic Franchise Ordinance, and for a term of fifteen (15) years.

Section 2. That the Telecommunications Franchise Contract by and between The Metropolitan Government of Nashville and Davidson County and Grantee, which contract is attached hereto and by reference made a part of this Ordinance, is hereby approved and the Metropolitan Mayor is hereby authorized to execute said contract.

Section 3. That in all matters concerning the rights-of-way, the Grantee will comply with the provisions of the Americans With Disabilities Act of 1990, as amended, and the Rehabilitation Act of 1973.

Section 4. That this Ordinance shall take effect from and after its enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Bill Pridemore, Burkley Allen, Jeremy Elrod, Anthony Davis

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

Amendment No. 1
To
Ordinance No. BL2016-302

Mr. President:

I move to amend Ordinance No. BL2016-302 as follows:

1. Section 2 of BL2016-302 is hereby deleted in its entirety and the following is substituted therefor:

Section 2. That the Telecommunications Franchise Contract by and between The Metropolitan Government of Nashville and Davidson Count and Grantee, which contract is attached hereto and by reference made a part of this Ordinance, as Exhibit A hereto, is hereby approved and the Metropolitan Mayor is hereby authorized to execute said contract.

2. Section 4 of Ordinance No. BL 2016-302 is hereby amended by renumbering the existing Section 4 as Section 5 and adding a new Section 4 preceding it to read as follows:

Section 4. In compliance with Ordinance BL2016-310, codified as Metropolitan Code of Laws Section 6.26.030.B.5., a certified report attesting to the applicant’s possession of the necessary legal, character, financial, technical and other qualifications to construct and achieve full activation of its system, and ability to perform its obligations and faithfully adhere to all requirements of the franchise ordinance codified in this chapter, and that its construction arrangements are adequate and feasible, is hereby attached hereto as Exhibit B.

3. The document attached hereto and hereby incorporated into this Amendment No. 1 shall become Exhibit B to BL2016-302.
Sponsored by: Bill Pridemore

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

Amendment No. 2
To
Ordinance No. BL2016-302

Mr. President:

I move to amend Ordinance No. BL2016-302 as follows:

1. Section 1 of Ordinance No. BL 2016-302 is hereby amended by adding the following at the end of this section:

The grant of this franchise shall not be deemed to constitute individual approval of any new poles Grantee contends it needs for nodes indicated on any maps submitted by Grantee with its application. Such pole locations shall still be subject to approvals required under applicable law, including but not limited to Metropolitan Code of Laws Section 6.26.060 and the Zoning Code (Title 17), and the grant of this franchise shall not be deemed a substitute for any further and necessary governmental approvals.

LEGISLATIVE HISTORY
Introduced:	June 21, 2016
Passed First Reading:	June 21, 2016
Referred to:	Planning Commission - Approved Budget & Finance Committee Planning, Zoning & Historical Committee Public Works Committee
Deferred to August 2, 2016:	July 5, 2016
Deferred to September 20, 2016:	August 2, 2016
Deferred to October 18, 2016:	September 20, 2016
Amendment No. 1:	October 18, 2016
Amendment No. 2:	October 18, 2016
Passed Second Reading:	October 18, 2016
Deferred to November 15, 2016:	November 1, 2016
Passed Third Reading:	November 15, 2016
Approved:	November 16, 2016
By: