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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #3515 Date: 01 /10/2018 Commission Meeting Date: 04/12/2018 Requesting Department: Department of Resilience and Public Works Sponsored By: District Impacted: All Type: Resolution Subject: Execute Rights -of -Way Pole Agreement - Mobilitie Purpose of Item: A Resolution of the Miami City Commission authorizing the City Manager to negotiate and execute a Rights -of -Way and Pole Attachment Agreement, in a form acceptable to the City Attorney, between the City of Miami ("City) and Mobilitie, LLC ("Mobilitie"), to provide communication services within the City's territorial boundaries. Background of Item: Mobilitie, LLC a registered telecommunication company with the State of Florida is desirous of installing Small Wireless Facilities within the City right-of-way in accordance with the City Code and other applicable laws. In order to minimize the impact of new installation Mobilitie wishes to attach their facilities to existing poles where possible and otherwise will install at no capital or maintenance costs to the City new street light poles similar in appearance, including with respect to material and fixture type to those found in the vicinity with their facilities attached. Mobilitie shall be responsible for the operation, energy costs, maintenance and liability for their installations. Budget Impact Analysis Item is NOT Related to Revenue Item has NOT an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: Reviewed B Department of Resilience and Public Works Review Completed 01/24/2018 10:37 AM Office of Management and Budget Donovan Dawson Office of Management and Budget Carolina Aguila Office of Management and Budget Christopher M Rose City Manager's Office Nzeribe Ihekwaba City Manager's Office Alberto N. Parjus Legislative Division Valentin J Alvarez City Manager's Office Carolina Aguila Office of the City Attorney Amber Ketterer Office of the City Attorney Barnaby L. Min Office of the City Attorney Maricarmen Lopez City Commission Nicole Ewan Juvenal Santana Budget Analyst Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review City Manager Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Department Head Completed Skipped Completed Completed Completed Completed Skipped Completed Completed Skipped Completed 01/28/2018 2:55 PM 01/30/2018 6:16 PM 01/29/2018 9:15 AM 01/29/2018 9:26 AM 01/29/2018 9:37 AM 01/29/2018 9:54 AM 01/30/2018 6:17 PM 01/29/2018 6:49 PM 03/13/2018 1:48 PM 03/22/2018 9:11 AM 03/22/2018 9:00 AM City Commission Maricarmen Lopez Meeting Completed 04/12/2018 9:00 AM City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3515 Final Action Date:4/12/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A RIGHTS - OF -WAY POLE ATTACHMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND MOBILITIE, LLC ("MOBILITIE") FOR MOBILITIE TO ACCESS CERTAIN PORTIONS OF THE RIGHTS -OF -WAY WITHIN THE CITY TO PROVIDE COMMUNICATION SERVICES WITHIN THE CITY. WHEREAS, Mobilitie, LLC ("Mobilitie") wishes to enter into a Rights -of -Way Pole Attachment Agreement ("Agreement"), in substantially the attached form, to access certain portions of the public rights -of -way within the City of Miami's ("City") territorial boundaries ("Rights -of -Way") to provide communication services; and WHEREAS, the City wishes to enable Mobilitie to provide communication services to benefit the City's residents; and WHEREAS, Mobilitie may use the City's Rights -of -Way to install, maintain, operate, repair, modify, replace, and/or remove Small Wireless Facilities, as defined in Section 337.401, Florida Statutes, from time to time, including attaching such Small Wireless Facilities to City - owned Utility Poles, as defined in Section 337.401, Florida Statutes, that are located within the Rights -of -Way, pursuant to the Agreement; and WHEREAS, Mobilitie may install Utility Poles and Wireless Support Structures, including but not limited to street light poles, in the Rights -of -Way for the purpose of attaching Small Wireless Facilities (collectively, "Mobilitie Poles") pursuant to the Agreement; and WHEREAS, each Mobilitie Pole installed in the Rights -of -Way shall have a substantially similar appearance, including its material and light arm, to other City -owned and third party - owned light poles and Utility Poles in the surrounding vicinity; and WHEREAS, Mobilitie shall be responsible for the operation, energy costs, maintenance, and liability of all Mobilitie Poles; and WHEREAS, Mobilitie must make a good faith effort to use a City -owned Utility Pole or a Utility Pole owned by a third party, and provide proof of same to the City, before applying to install a Mobilitie Pole; and WHEREAS, the City Manager requests authorization to negotiate and execute the Agreement, in substantially the attached from, for said purpose; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized to negotiate and execute the Agreement, in substantially the attached form, between the City and Mobilitie to provide communication services within the Rights -of -Way. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.