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RESOLUTION: 2006-61
SUBJECT: Right-of-Way Use Agreement with NewPath Networks, LLC.
RECOMMENDATION: Approval
FUNDING SOURCE: NewPath Networks, LLC
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The topography of Green Mountain poses problems for cell phone service. NewPath Networks, LLC improves cell phone coverage by using more closely spaced antennas placed at lower heights. NewPath has proposed using street light locations in City rights-of-way for additional cell phone antennas.
NewPath is not a retail provider of cell phone service. Rather, NewPath's customers are the retail cell phone providers such as Verizon, T-Mobile and others. NewPath can serve multiple retail providers through its antennas. The retail providers of cell phone service will connect to NewPath's facilities at a central location. Buried cables will carry the signals between the antennas and the central connection location.
The agreement includes the following provisions:
a. NewPath will provide streetlights and poles at the locations proposed for
antennas. No additional streetlights will be added. The NewPath poles and lights
will replace existing streetlights. A map of the twelve proposed antenna locations
is attached.
b. Antenna height is limited to no more than seven feet above the existing pole
height. Attached are exhibits of two proposed antenna sites that include a photograph
of the existing streetlight and a photo-simulation of the proposed street light
with the antenna.
c. All facilities in the rights-of-way, except the antennas mounted on the streetlights,
will be under ground.
d. The company will provide two replacement poles to Xcel to facilitate replacement
of streetlights in the event one is damaged or knocked down.
e. NewPath will be responsible for all costs of maintenance of their equipment
and the poles. Lakewood currently pays for maintenance and repair of streetlights
and poles. The City will continue to pay Xcel only for street lighting electricity
costs, bulb replacement and photocell replacement.
f. Additional antenna locations are allowed if approved by the City Manager.
City requirements existing at the time additional locations are considered must
be met.
g. The normal City permitting and contractor licensing requirements apply for
work in the right-of-way.
h. NewPath will provide an escrow of $20,000 to ensure NewPath performs its
obligations under the agreement.
i. NewPath will pay a one-time fee of $750 per pole to be used by the City in
the event it is necessary to remove NewPath poles, reinstall standard Xcel poles,
and transfer maintenance back to Xcel.
j. The agreement has a term of ten years.
k. NewPath must have an agreement with Xcel Energy, the owner of the existing
street light poles, prior to replacing the streetlights.
A Special Use Permit is required to locate telecommunications equipment in residential areas. On August 3, NewPath held a neighborhood meeting to discuss the proposal with the community. On September 20, the Planning Commission held a public hearing and voted five in favor and none opposed to the request from NewPath for a Special Use Permit.
Approval of this agreement is anticipated to provide improved cell phone service in Lakewood.
RESOLUTION ADOPTION DATE: October 9, 2006
ORIGINATED BY: Department of Public Works
STAFF PERSON RESPONSIBLE: Jay N. Hutchison, City Engineer, 303-987-7916
DOCUMENTS ATTACHED: Resolution
2006-61
Map of proposed antenna locations
Photo simulations of proposed
antennas - attached as one document with map above
SUBMITTED BY:
Richard J. Plastino, Director of Public Works
REVIEWED BY:
Joni Inman, Director Mayor and City Manager's Office
Michael J. Rock, City Manager
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