ORDINANCE NO. BL2017-910

ORDINANCE BL2017-910

An ordinance approving a form Master Telecommunications Facility Licensing Agreement (Master License Agreement, or MLA), to be used by Metropolitan Government departments, agencies, boards and commissions, to license their assets and infrastructure to licensees for location of telecommunication facilities on them, and authorizing certain Metropolitan Government officials to execute the MLA, in the form of the attached, on behalf of the Metropolitan Government, and to complete and execute the Site License Agreements with the Licensees, that are exhibits to the MLA, for the sites in question (Proposal No. 2017M-019AG-001).

WHEREAS, there is a need to encourage the availability of affordable, high-speed internet and cellular telephone access for businesses and residents, acknowledging that a growing number of businesses are conducted in whole or in part from homes and/or on-the-go, that increasingly education incorporates on-line learning necessitating good home internet connections for students and faculty, and that government participation and emergency services to the general public are enhanced by fast and reliable cellular and home internet connectivity; and,

WHEREAS, it is important to accommodate the growing need and demand for telecommunications services while protecting the character of the Metropolitan Government and its neighborhoods; and,

WHEREAS, the Metropolitan Government is committed to encouraging a safe, reliable, efficient, integrated and connected system of Green and Complete Streets that promotes access, mobility and health for all people, regardless of their age, physical ability, or mode of transportation; and,

WHEREAS, to achieve this vision of accessibility and Green and Complete Streets it is necessary to minimize unnecessary obstacles and clutter in the public rights of way; and,

WHEREAS, to minimize unnecessary obstacles and clutter in the public rights of way, it is necessary to maximize the location and collocation of equipment such as telecommunications facilities on existing structures, in order to reduce the need for new towers; and,

WHEREAS, the Metropolitan Government owns many assets, both real property and improvements, some located in the public right of way and some located on parcels of property owned by the Metropolitan Government, that are suitable to be used for the location of telecommunications facilities; and,

WHEREAS, to encourage the use of exisiting structures for location and collocation of telecommunications and facilities, it is desirable to allow the use of public lands, buildings, and structures as locations for telecommunications facilities; and,

WHEREAS, this ordinance together with the form Master Telecommunications Facility Licensing Agreement (Master License Agreement, or MLA) that is attached hereto as Exhibit A, provide a means to allow the Metropolitan Government to provide space on such existing Metropolitan Government owned infrastructure and assets for the location of telecommunications facilities; and,

WHEREAS, the MLA further provides for the Metropolitan Government to collect reasonable rent for the use of its infrastructure and assets for this purpose, to provide sufficient consideration to fund the management of the program to allow the licensing these assets; and,

WHEREAS, it is in the best interest of the Metropolitan Government to approve Exhibit A and authorize Metropolitan Government departments, agencies, boards and commissions to enter into it with telecommunications companies.

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

Section 1. That the form Master Telecommunications Facility Licensing Agreement (Master License Agreement, or MLA), attached hereto as Exhibit A, to be used by Metropolitan Government Departments, Agencies, Boards and Commissions, to license their infrastructure and assets to telecommunications companies, to allow those companies to attach their facilities to Metropolitan Government owned infrastructure and assets, is hereby approved.

Section 2. That the Director of Information Technology Services is hereby authorized to execute MLA’s, in the form of the attached Exhibit A, on behalf of the Metropolitan Government, after they have been signed by the Licensees.

Section 3. That the department heads of the relevant Metropolitan Government department, agency, board or commission, having control over assets to be licensed, are hereby authorized to complete and execute the Site License Agreements (SLA’s) with the Licensees, that are exhibits to the MLA, for the specific sites where telecommunications facilities will be located under the license.

Section 4. That the rent collected under the MLA’s and SLA’s will be deposited in the general fund, and that those monies will be allocated for the management of the program to allow the licensing of these assets.

Section 5. That 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: Tanaka Vercher, Brett Withers, Burkley Allen

AMENDMENT NO. 1
TO
BL2017-910

Mr. President:

I move to amend BL2017-910 as follows:

1. Two new sections, to be numbered sections number 5 and 6, the text of which are set forth below, are added to BL2017-910 following Section 4 thereof, and former Section 5 is renumbered Section 7, accordingly:

Section 5. Amendments to the fees and charges listed in Exhibit A to the MLA shall be subject to approval by the Metropolitan Council by ordinance.

Section 6. All other amendments to this ordinance or the MLA may be made by resolution of the Metropolitan Council.

2. Exhibit A to BL2017-910, the Master Telecommunication Facility Licensing Agreement, is deleted in its entirety and replaced with the new Exhibit A, attached hereto.

LEGISLATIVE HISTORY
Introduced:	September 19, 2017
Passed First Reading:	September 19, 2017
Referred to:	Planning Commission - Approved Budget & Finance Committee Personnel, Public Information, Human Relations, and Housing Committee Planning, Zoning & Historical Committee
Amended:	October 3, 2017
Passed Second Reading:	October 3, 2017
Passed Third Reading:	October 17, 2017
Approved:	October 19, 2017
By: