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2007-36

A RESOLUTION

ESTABLISHING COLORADO WIRELESS COMMUNITIES.

WHEREAS, the parties share similar concerns and objectives with deployment of communications networks to facilitate availability of competitive broadband services within their respective jurisdictions; and,

WHEREAS, the parties have concluded that deployment of additional wireless broadband networks will benefit residents, businesses and visitors in that such deployment can result in more consumer choices, better prices, greater availability of services and can additionally provide an incentive to economic development and job retention and growth opportunities; and,

WHEREAS, the parties have concluded that deployment of additional wireless broadband networks can also benefit local government operations by providing opportunities for enhancing general local government communications options, reducing costs, and improving public safety communications; and,

WHEREAS, the parties each own or control a variety of assets that can be utilized in the deployment of a wireless broadband network; and,

WHEREAS, the parties each maintain certain regulatory controls over deployment of wireless broadband networks to the extent that such networks utilize public rights of way, are comprised of facilities that may be located on publicly owned structures, and must comply with local land use regulations; and,

WHEREAS, the parties confront many of the same challenges in the allocation of scarce resources to pursuing the goals of encouraging deployment of broadband networks within their respective jurisdictions; and,

WHEREAS, after extensive study the parties have determined that they can best achieve their goals by working together to encourage the private sector to construct and deploy a wireless broadband network throughout each of their jurisdictions; and,

WHEREAS, the sharing of resources and information, and the cooperation in the negotiations and ultimate contractual relationship with a private sector communications entity to construct, deploy, operate and maintain a wireless broadband network would benefit the citizenry of each of the parties; and,

WHEREAS, the parties desire to coordinate and cooperate in the negotiation, administration and monitoring of an agreement with a private sector entity, and the exercise of their police powers with respect to such a wireless broadband network; to collectively research and study wireless broadband telecommunications matters; and on an ongoing basis to address common concerns, investigate mutual solutions to challenges, and new means of achieving common objectives pertaining to wireless broadband networks in their jurisdictions, so as to increase broadband opportunities for all residents, businesses and visitors, improve efficiency in the management of communications issues and government operations, and to encourage the best possible wireless broadband services to all subscribers within their respective jurisdictions; and,

WHEREAS, Sections 29-1-203 and 29-1-401 of the Colorado Revised Statutes authorize political subdivisions of the State of Colorado to cooperate or contract to provide any lawfully authorized function, service or facility or to form and maintain associations to promote, through cooperative effort, the interest and welfare of each.

NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Lakewood, Colorado that:

The parties hereby create an intergovernmental entity to be known as the "Colorado Wireless Communities", or "CWC". CWC shall be separate from its Members, but governed by the parties according to the terms of the IGA. This IGA, is entered into by and between the undersigned municipal corporations, and city and county, each a political subdivision of the State of Colorado, (hereinafter collectively called "Members" or the "parties").

INTRODUCED, READ AND ADOPTED by a vote of 10 For and 0 Against at a regular meeting of the City Council on June 11, 2007 at 7 o'clock p.m. at Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

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