SUBSTITUTE RESOLUTION NO. RS2009-630

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to support legislation that would enable local legislative bodies to enact regulations pertaining to the location of telecommunication towers.

WHEREAS, Tennessee Code Annotated § 13-24-301 provides that no municipal or county government shall exclude the location or relocation of any facility used to provide telephone services to the public; and

WHEREAS, as a result of the existing state law, the Metropolitan Government is prohibited from enacting any regulations regarding the location of cellular telephone towers; and

WHEREAS, Representative Sherry Jones sponsored House Bill 2474 during the previous legislative sessions that would have allowed municipal and county legislative bodies to approve the location and placement of telecommunication towers, including cellular and other wireless communication towers; and

WHEREAS, HB 2474 would also have enabled municipal and county legislative bodies to establish reasonable requirements regarding telecommunication towers; and

WHEREAS, the Metropolitan Council is in support of the subject matter contained in HB 2474 since it would allow the Council to enact reasonable regulations on the location of telecommunication towers to protect the quality of life of the residents in the vicinity of proposed towers; and

WHEREAS, the Metropolitan Council desires to see such legislation brought forward and adopted during the current legislative session.

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

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to support legislation that would enable local legislative bodies to enact regulations pertaining to the location of telecommunication towers.

Section 2. The Metropolitan Clerk is directed to send a copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

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

Sponsored by: Sam Coleman