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CITY COMMISSION AGENDA ITEM |
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Department: |
City Attorney’s Office |
Commission Meeting Date: Nov. 21, 2017 |
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Staff Contact: |
Randall F. Larkin |
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Recommendations/Options/Action Requested: |
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Authorize the City Manager to execute a License Agreement with Mobilitie, LLC, a Nevada limited liability company, if appropriate. |
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Executive Summary: |
Mobilitie, LLC, a Nevada limited liability company, operates a network of small cells or distributed antenna systems (DAS), through which, its customers (usually wireless telecommunications providers) can boost and improve wireless and data connectivity in troublesome areas of the City. Mobilitie typically places poles in city rights of way and then leases space on those poles for equipment belonging to wireless telecommunications providers. Said small cells or DAS can be used to improve wireless and data connectivity where there are large gatherings of people, including stadiums, arenas, auditoriums, schools, apartment complexes, and other areas that are difficult to provide wireless and data connectivity. Recognizing that improved wireless and data connectivity will be beneficial to the citizens of the City, City staff has tentatively reached an agreement with Mobilitie regarding the use of the City’s Rights of Way. It must be noted that, on all significant issues, Mobilitie has acceded to the City’s requirements. In exchange for the use of the City’s Rights of Way, Mobilitie will pay to the City 5% of its gross revenues (including revenue generated from rent) without being invoiced, will work with the City for the appropriate location of its poles, will pay for temporary right of way work permits to place said poles, will limit its poles to the heights of poles already existing (either 35’ or 45’ depending on the location), will allow the City to audit its books at any time, will require its tenants to enter into separate license agreements with the City, and will indemnify the City for any damages arising from its use of the City’s Rights of Way, among other things. Based on the terms of the Agreement, it is the recommendation of City Staff that the City Commission authorize the City Manager to execute the License Agreement with Mobilitie. |
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Strategic Plan Critical Success Factor |
Innovative Infrastructure and Asset Management |
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Fiscal Impact (Amount/Source): |
None. |
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Attachments: |
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Reviewed By: (for CMO use only) |
☒TM ☐DS ☐CT ☐BM |