ADOPTED 08/17/1999

RESOLUTION NO. R99-1642

A resolution approving two sites for the construction of cellular communications towers on property owned by The Metropolitan Government of Nashville and Davidson County.

Whereas, pursuant to Ordinance No. 099-1672, the Metropolitan Council approved an agreement (the "Agreement") between the Metropolitan Department of Water and Sewerage Services and Tritel Communications, Inc. to allow Tritel to install telecommunications equipment on Metropolitan Government property in exchange for providing free cellular telephone equipment and airtime; and

Whereas, the Agreement requires the approval of the Metropolitan Council as to any proposed site prior to the construction of new cellular towers; and

Whereas, Tritel has submitted a request for approval of two sites belonging to the Metropolitan Government and used in the operations of the Metropolitan Department of Water and Sewerage Services, one at 446 McClellan Avenue (Tax Map # 133-01-1-146.00, Deed Book 3369, Page 519) and another at 5506 Tudor Lane (Tax Map # 162-09-0-002.00, Deed Book 2454, Page 382), as shown in the documents attached as Exhibits A and B and incorporated into this Resolution by reference; and

Whereas, Tritel has offered to convey ownership of the towers after construction to the Metropolitan Government; and

Whereas, Tritel has offered to dismantle and remove an existing tower at the McClellan Avenue site; and

Whereas, the Metropolitan Department of Water and Sewerage Services has approved the sites Tritel has proposed and agreed to Tritel’s proposals respecting conveyance of the completed towers to the Metropolitan Government and dismantling and removal of the existing tower at the McClellan Avenue site; and

Whereas, the citizens of Nashville and Davidson County will benefit by the approval of these sites, the conveyance of the completed towers to the Metropolitan Government and the dismantling and removal of the existing tower at the McClellan Avenue site.

Now, therefore, be it resolved by the Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. The sites specified herein are approved as locations for Tritel to construct cellular communications towers.

Section 2. The Metropolitan Department of Water and Sewerage Services is authorized to assume jurisdiction over and accept the conveyance of the completed towers from Tritel on behalf of the Metropolitan Government and to permit the dismantling and removal of the existing tower at the McClellan Avenue site, all at Tritel’s expense.

Section 3. Nothing in this resolution shall be construed as a waiver of any provision of the Metropolitan Code of Laws or rule, regulation or policy of any department of the Metropolitan Government.

Section 4. This resolution shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Leo Waters

LEGISLATIVE HISTORY
Referred to:	Planning Commission Budget & Finance Committee Public Works Committee Planning & Zoning Committee
Introduced:	August 3, 1999
Deferred:	August 3, 1999
Adopted:	August 17, 1999
Approved:	August 20, 1999
By: