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TIC 2018-06-25 Item 2C - Ordinance - Mobilitie LLC Small Cell Technology Franchise Agreement
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2018-06-25 Transportation and Infrastructure
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TIC 2018-06-25 Item 2C - Ordinance - Mobilitie LLC Small Cell Technology Franchise Agreement
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1/14/2021 12:30:02 PM
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Council Committees
Committees Date (mm/dd/yy)
6/25/2018
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Transportation and Infrastructure 2017-2020
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Agenda Packet
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014 <br />City of Tukwila <br />Public Works Department - Henry Hash, Director <br />INFORMATIONAL MEMORANDUM <br />TO: Transportation and Infrastructure Committe <br />FROM: Harry Hash, Public Works Director , <br />BY; Cyndy Knighton, Senior Program Manager <br />CC: Mayor Ekberg <br />DATE: June 22, 2018 <br />SUBJECT: Ordinance - Mobilitie, LLC Small Cell Technology Franchise Agreement <br />Allan Ekberg, Mayor <br />ISSUE <br />Approval of Mobilitie, LLC Franchise Ordinance. <br />BACKGROUND <br />Mobilitie, headquartered in Nevada, is a telecommunications company that provides, among other things, high capacity interexchange <br />transport to telecommunications common carriers. Mobilitie is currently in the stages of deploying small cell technology to expand the <br />capacity of its wireless network. Staff has negotiated with Mobilitie to develop the attached draft Franchise Ordinance. <br />ANALYSIS <br />This Ordinance is consistent with the Verizon Franchise Ordinance approved by Council in February 2018 as well as the draft New <br />Cingular Wireless Franchise Ordinance being concurrently considered. The attached Franchise Ordinance establishes permission for <br />Mobilitie's deployment of small cellular technology in the City's right-of-way. Some of the features of the Mobilitie Franchise include: <br />• Definitions for clarity of references <br />• Provisions that the City provides no warranty in the right-of-way and will not defend Mobilitie for peaceable possession <br />or use of the franchise area <br />• Provides provisions allowing the City to require notice to the public for work that will disturb or disrupt public property. <br />Clarifies that the City can protect the public health, safety, and welfare by requiring facilities to be installed at a particular <br />time, place, or manner <br />• Establishes a duty to restore the right-of-way to a condition as good or better than before the construction and provides <br />a warranty of same. Protects private property by requiring Mobilitie to restore any private property damaged, disturbed, <br />or altered by Mobilitie <br />• Provides that any contractors or subcontractors of Mobilitie that perform work in the right-of-way must comply with the <br />City's indemnity and insurance requirements and mandates that Mobilitie take responsibility for all work performed by <br />their contractors and subcontractors <br />• Specifies the City's stop work authority should work be performed in an unsafe manner <br />• Provides for revocation of the franchise should Mobilitie's business end up in receivership <br />• Clarifies that the franchise does not preclude the City from constructing its own utility facilities, repairing, maintaining, or <br />widening the right-of-way. <br />FINANCIAL IMPACT <br />Under the terms of the Franchise, Mobilitie will pay a $5,000 administrative fee within 30 days of franchise approval. <br />Per RCW 35.21.860, cities may charge site-specific charges to providers of personal wireless services under certain circumstances <br />before the City issues a use permit. This Franchise tracks that statutory language and provides that Mobilitie and the City will determine <br />applicable site-specific charges at the use permit stage for eligible facilities. <br />RECOMMENDATION <br />Council is being asked to approve the Ordinance that will grant a Franchise Agreement to Mobilitie, LLC for Small Cell Technology and <br />consider this item at the July 9, 2018 Committee of the Whole and subsequent July 16, 2018 Regular Meeting. <br />Attachment: Draft Franchise Ordinance <br />W:\PW Eng\PROJECTS\Franchise\Telecom\MOBILITIE\INFO MEMO Mobilitie Franchise AG Small Cells 062218.docx <br />41 <br />
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