ORDINANCE NO. BL2016-433

An ordinance approving the assignment or transfer of the franchise rights held by Nashville Data Link, LLC to Windstream KDL, LLC (Proposal No. 2016M-003FR-01).

WHEREAS, pursuant to Chapter 6.26 of the Metropolitan Code of Laws, a franchise was granted to Nashville Data Link, Inc., by Ordinance No. BL2012-325, a copy of which is attached hereto as Exhibit A (the Franchise); and,

WHEREAS, Nashville Data Link, Inc., is a fully owned subsidiary of Windstream KDL, LLC, a Kentucky Limited Liability Company organized on April 13, 1990; and,

WHEREAS, Nashville Data Link is being dissolved with all operations being absorbed by parent company Windstream KDL, LLC; and,

WHEREAS, Section 6.26.290 of the Metropolitan Code of Laws provides as follows:

Neither the franchise, the assets held by grantee under the franchise ordinance codified in this chapter, nor any rights or privileges of grantee under the franchise ordinance codified in this chapter, grantee's system capacity, or allowance of access to grantee's system, either separately or collectively, shall be sold, resold, assigned, transferred or conveyed by grantee to any other person, firm, corporation, affiliate or entity, without the written consent of the metropolitan government by ordinance of the council, which permission shall not be unreasonably withheld . . . ;

and,

WHEREAS, Windstream KDL, LLC has executed an Acknowledgment and Assurance (a copy of which is attached hereto as Exhibit B), acknowledging its understanding of the obligations imposed by the Franchise and assuring of its ability and willingness to meet those obligations; and,

WHEREAS, at Metro’s request Windstream KDL, LLC provided updated maps showing the locations of the Franchise’s infrastructure in the public rights of way, copies of which are attached hereto as Exhibit C; and,

WHEREAS, Windstream KDL, LLC has obtained a replacement bond and certificate of insurance in its own name, to replace those previously provided to the Metropolitan Government by Nashville Data Link, Inc., copies of which are attached hereto as collective Exhibit D, consistent with the requirements of Sections 6.26.200 and 6.26.210 of the Metropolitan Code of Laws.

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

Section 1. That the assignment or transfer of the franchise rights held by Nashville Data Link, Inc., pursuant to BL2012-235, to Windstream KDL, LLC, is hereby approved.

Section 2. 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: John Cooper, Burkley Allen, Jeremy Elrod

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:	October 4, 2016
Passed First Reading:	October 4, 2016
Referred to:	Planning Commission - Approved Budget & Finance Committee Planning, Zoning & Historical Committee Public Works Committee
Deferred:	October 18, 2016
Deferred:	November 1, 2016
Deferred:	November 15, 2016
Deferred Indefinitely:	December 6, 2016
Placed back on Agenda for:	February 21, 2017
Passed Second Reading:	February 21, 2017
Passed Third Reading:	March 7, 2017
Approved:	March 8, 2017
By:

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