HomeMy WebLinkAboutResolutionCity of Miami
Resolution
Legislation
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:
City of Miami Page 1 of 2 File ID: 3515 (Revision:) Printed On: 2/7/2025
File ID: 3515 Enactment Number:
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.
City of Miami Page 2 of 2 File ID: 3515 (Revision:) Printed on: 2/7/2025