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TO: Mayor Richard C. Irvin
FROM: Stephane A. Phifer, Planning Director
DATE: November 27, 2017
SUBJECT:
A Resolution Authorizing the Execution of a Site Specific License Agreement for a Wireless and Pole Mounted Communication Facility located at 2850 Diehl Road located north of Diehl Road and west of N. Eola Road with World Class Wireless LLC. (World Class Wireless LLC - 17-00982 / KDWK-16.045-AGR/L - SP)
PURPOSE:
The Petitioner, World Class Wireless LLC, is requesting, pursuant to Chapter 19 of the City of Aurora Code of Ordinances, to enter into a Single License Agreement which would allow them to attach, install, operate, maintain, repair, replace, reattach, reinstall, relocate, and remove one Communications Facility within the City of Aurora.
BACKGROUND:
On December 13, 2016, with Ordinance O16-083, the City Council amended Chapter 19, Article III, entitled "Communication and Data Transfer" of the City of Aurora Code of Ordinances. One of the changes to the Ordinance was regarding the installation of Communication Facilities on new or existing utility / light poles. Pursuant to the revised Ordinance Communication Facilities on new, existing or modified poles are permitted in any zoning district, provided a license or lease authorizing such installations has been approved by the city.
The City Staff sought input from individuals and entities wishing to enter into a license or lease authorizing such antennas. Through that process the City developed a Master License Agreement Template for Wireless and Pole Mounted Communications Facilities. Those wishing to enter an agreement to install Pole Mounted Communications Facilities within the City are being asked to comply with the provisions of that template.
On November 14, 2017 the Petitioner requested approval from the City Council of a Master License Agreement, that request was denied. There were two main concerns raised by the City Council with regards to the proposed Master License Agreement 1) that there were no provisions within the agreement regarding co-location of facilities; and 2) that the agreement provided for the ability for the Petitioner to install multiple communications facilities.
On November 21, 2017 the Petitioner submitted a substantially new agreement which included provision to address these two concerns.
DISCUSSION:
World Class Wireless LLC has requested to enter into a Site Specific License Agreement and has submitted the attached letter, stating that it is in substantial agreement with the provisions of the Master License Agreement mentioned above, with some additional provisions in to address the City Council's previous concerns.
The proposed agreement would allow for only one Licensee’s Communication Facility located at 2850 Diehl Road, Aurora IL 60502 (which property is, as of the date of this Agreement, owned by Licensee), and that Licensee shall not utilize this Agreement to apply for any other Site Specific Location, Permit, or Communication Facility.
The proposed agreement further provides for Co-Location as follows: Communications Licensee shall exercise all reasonable efforts to re-locate its Communications Facilities in the future to multi-tenant structures or Poles, so long as those multi-tenant structures or Poles meet the business needs of Communication Licensee, including as to cost, location, latency, capacity, and availability.
IMPACT STATEMENT:
Staff would anticipate that this project will increase the City’s overall tax base and viability by facilitating investment and development which will offset any incidental Department or staffing impacts.
RECOMMENDATIONS:
Staff would recommend approval of the Resolution Authorizing the Execution of a Single License Agreement for a Wireless and Pole Mounted Communication Facility Located at 2800 Diehl Road being the northeast corner of Diehl Road and north Eola Road with World Class Wireless LLC.
cc: Alderman Michael B. Saville, Chairman
Alderman Sherman Jenkins, Member
Alderman Carl Franco, Member
Alderman William "Bill" Donnell, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Authorizing the Execution of a Single License Agreement for a Wireless and Pole Mounted Communication Facility Located at 2800 Diehl Road being the northeast corner of Diehl Road and north Eola Road with World Class Wireless LLC
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, World Class Wireless LLC filed with the City of Aurora a request for a Site Specific License Agreement for a Wireless and Pole Mounted Communications Facility Located at 2800 Diehl Road being the northeast corner of Diehl Road and north Eola Road as attached hereto as Exhibit "A"; and
WHEREAS, pursuant to Chapter 19, Article III, entitled "Communication and Data Transfer" of the City of Aurora Code of Ordinances and for reasons set forth in the Agreement the City and World Class Wireless LLC wish to enter into said attached Agreement regarding Wireless and Pole Mounted Communications Facilities; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, finds as facts all of the preamble recitals of this Resolution and hereby authorize the Mayor and City Clerk to execute the Agreement attached hereto as Exhibit “A”; and
NOW THEREFORE, BE IT FURTHER RESOLVED that City Clerk be directed to file and keep on record said Agreement and a certified copy of this Resolution.