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RESOLUTION: 2007-52
SUBJECT: Right-of-Way Use Agreement with T-Mobile West Corporation.
RECOMMENDATION: Approval.
FUNDING SOURCE: T-Mobile West Corporation.
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The topography of Green Mountain poses problems for cell phone service. T-Mobile West Corporation is proposing to improve cell phone service using a location in the City's public street right-of-way. The proposal from T-Mobile is to replace an existing Xcel street light pole with a new pole that would support the street light and support the T-Mobile antenna. The location is on the east side of Mississippi Court just west of the Safeway store.
The proposed agreement is comparable to an agreement with NewPath Networks, LLC approved by City Council in 2006. The proposed agreement includes the following provisions:
a. T-Mobile will provide the streetlight and pole at the location proposed
for antennas. No additional streetlights will be added. The T-Mobile pole and
light will replace an existing streetlight.
b. Antenna height is limited to no more than seven feet above the existing pole
height.
c. All facilities in the rights-of-way, except the antenna mounted on the streetlight
pole, will be under ground.
d. T-Mobile will be responsible for all costs of maintenance and replacement
of their equipment and the pole. Lakewood currently pays for maintenance and
repair of the streetlight and pole. The City will continue to pay Xcel only
for street lighting electricity costs, bulb replacement and photocell replacement.
e. Additional antenna locations are allowed if approved by the City Manager.
City requirements existing at the time additional locations are considered must
be met.
f. The normal City permitting and contractor licensing requirements apply for
work in the right-of-way.
g. T-Mobile will provide an escrow of $20,000 to ensure T-Mobile performs its
obligations under the agreement.
h. T-Mobile will pay a one-time fee of $750 per pole to be used by the City
in the event it is necessary to remove T-Mobile poles, reinstall standard Xcel
poles, and transfer maintenance back to Xcel.
i. The agreement has a term of ten years.
j. T-Mobile must have an agreement with Xcel Energy, the owner of existing street
light poles, prior to replacing any streetlight.
Approval of this agreement is anticipated to provide improved cell phone service in a portion of Lakewood.
RESOLUTION ADOPTION DATE: September 24, 2007
ORIGINATED BY: Department of Public Works
STAFF PERSON RESPONSIBLE: Jay N. Hutchison, City Engineer, 303-987-7916
DOCUMENTS ATTACHED: Resolution 2007-52
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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