RESOLUTION NO. RS2015-1511

A resolution approving the final license agreement to use Metropolitan Government property for Network Huts by Google Fiber company previously approved by BL2014-744, approving the specific properties agreed to by the parties’ as proposed Network Hut locations and approving the completed exhibits setting forth the specific terms applicable to Google Fiber’s use of each property proposed as a Network Hut location (Proposal No. 2014M-010PR-002).

WHEREAS, Google Fiber can provide internet access that is up to 100 times faster than basic broadband; and,

WHEREAS, Nashville’s residents and diverse economy including music, healthcare, technology and universities would benefit from the availability of Google Fiber; and,

WHEREAS, Google Fiber needs rights to occupy and use various real property sites owned by The Metropolitan Government of Nashville and Davidson County with structures that will house network equipment and fiber that are part of Google Fiber’s fiber optic network (“Network Huts”), and,

WHEREAS, BL2014-744 provided that the form of an Equipment Housing License Agreement (the Fiber Hut Agreement) was approved and that the Mayor could be authorized by resolution to execute the Fiber Hut Agreement in its previously approved form as applied to specific Metro-owned properties proposed as Network Hut locations; and,

WHEREAS, Google Fiber also needs easement rights to run fiber optic cable underground from the location of the Network Hut on the Metro-owned parcel in question to the Public Right of Way, which was contemplated in the Fiber Hut Agreement as being a potential part of the site terms specific to each property as would be set forth in Exhibit B to the Fiber Hut Agreement (attached hereto as Exhibit A); and,

WHEREAS, the Fiber Hut Agreement itself provided that when Google Fiber and Metro agreed upon specific properties, the parties would complete and sign the form attached to the Fiber Hut Agreement as Exhibit B thereto, subject to approval of Metro Council by a resolution receiving twenty one (21) affirmative votes; and,

WHEREAS, Google Fiber and Metro have now agreed on four (4) specific properties owned by Metro that will be suitable locations for Network Huts (the Properties); and,

WHEREAS Google Fiber has signed the Fiber Hut Agreement (attached hereto as Exhibit A) and the parties have completed and Google Fiber has signed the form attached as Exhibit B to the Fiber Hut Agreement, entitled “Network Hut Site Terms,” for each of the Properties, which completed forms are attached hereto as Collective Exhibit B; and,

WHEREAS, it is to the benefit of the citizens of The Metropolitan Government of Nashville and Davidson County that the Fiber Hut Agreement (Exhibit A) be authorized to be executed by the Mayor and that the locations of the Properties to be used as Network Hut locations as set forth in Collective Exhibit B be approved, and that Google Fiber be permitted to occupy and use the Properties per the terms of the Fiber Hut Agreement and completed “Network Hut Site Terms” forms.

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

Section 1. That the Fiber Hut Agreement, attached hereto and incorporated herein as Exhibit A, is hereby approved, and the Metropolitan Mayor is authorized to execute the same.

Section 2. That the locations of the Properties identified in the completed “Network Hut Site Terms” forms, and the terms set forth for each Property identified in those completed forms, attached hereto as Collective Exhibit B (including a grant of easement rights to run fiber optic cable underground from the location of the Network Hut on the Metro-owned parcel in question to the Public Right of Way, where necessary), are hereby approved and the Metropolitan Mayor is authorized to execute the same.

Section 3. That any amendments, renewals, or extension of the terms of the Fiber Hut Agreement or Network Hut Site Terms forms for the Properties may be approved by resolution of the Metropolitan Council,.

Section 4. 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: Anthony Davis, Bill Pridemore, Walter Hunt, Larry Hagar

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
Referred to:	Budget & Finance Committee Public Works Committee Planning & Zoning Committee Planning Commission
Introduced:	June 2, 2015
Adopted:	June 2, 2015
Approved:	June 6, 2015
By: