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Resolution approving a Master Encroachment Agreement with Mobilitie, LLC for the Installation of Telecommunications Network Facilities within the Public Rights-of-Way, and authorizing the City Manager to execute the agreement
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WHEREAS, the City of South San Francisco (“City”) owns, manages, and regulates the use of public streets, easements, and public rights-of-way that have been dedicated to the City; and
WHEREAS, private companies and public utilities have the authority under state law and California Public Utilities Commission (CPUC) decisions to install and maintain facilities within these public streets and rights-of-way, subject to regulation by the City; and
WHEREAS, while the City cannot prevent these installations, the City can specify regulations and conditions governing the installation; and
WHEREAS, Mobilitie, LLC (“Mobilitie”) is planning fiber-optic installations within the City; and
WHEREAS, staff recommends that the City enter into a Master Encroachment Agreement (“Agreement”) with Mobilitie for the installation of such facilities; and
WHEREAS, the Agreement would grant a revocable license to Mobilitie to allow for the installations of these fiber-optic projects and will outline the terms and conditions for Mobilitie’s non-exclusive use of the public rights-of-way; and
WHEREAS, the Agreement will ensure that the installations comply with the City’s “Dig Once” policy; and
WHEREAS, the Agreement requires Mobilitie to obtain individual encroachment permits for each separate installation, and provides the City with control over the location, installation and maintenance of such facilities in the public way; and
WHEREAS, Mobilitie will be required to pay fees for these individual encroachment permits to reimburse the City for staff time required to review the encroachment permits and inspect the work; and
WHEREAS, Mobilitie will be required to annually submit updated maps with details of the installations; and
WHEREAS, the Agreement requires Mobilitie to remove or relocate their fiber-optic, without cost to the City, should the City determine such removal or relocation is necessary for city facilities or projects; and
WHEREAS, the City may terminate the Agreement with a sixty-day written notice in the event of Mobilitie’s interference with the right-of-way, uncured default, bankruptcy or dissolution, or loss of any required legal permits; and
WHEREAS, approval of the Agreement supports the City’s Strategic Plan to improve Quality of Life for the community, and would promote employment opportunities and development.
NOW, THEREFORE, BE IT RESOLVED that the South San Francisco City Council approves the Master Encroachment Agreement between the City and Mobilitie, a copy of which is attached hereto and incorporated herein as Exhibit A.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the agreement in substantially the same form as Exhibit A and to make minor modifications that do not increase the City’s obligations thereunder, subject to approval as to form by the City Attorney.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other related actions consistent with the intentions of the staff report or this resolution.
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