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TO: Mayor Richard C. Irvin
FROM: Stephane A. Phifer, Planning Director
DATE: November 22, 2017
SUBJECT:
A Reconsideration of a Resolution Authorizing the Execution of a Master License Agreement for Wireless and Pole Mounted Communications Facilities Located Within the City of Aurora 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 Master License Agreement which would allow them to attach, install, operate, maintain, repair, replace, reattach, reinstall, relocate, and remove its Communications Facilities 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.
DISCUSSION:
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.
World Class Wireless LLC has requested to enter into a Master License Agreement and has submitted the attached letter, stating that it is in substantial agreement with the provisions of the attached Master License Agreement, with some exceptions. The modifications and the specifics of why they are asking for the change are included in the attached letter of request.
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 discussion at the Committee and City Council meetings on the merits of the requested modifications. In addition to the letter of request from the Petitioner, Staff has attached a response and recommendation for each of the requested modifications.
cc:
Alderman Saville, Chairman
Alderman Jenkins
Alderman Franco
Alderman Donnell, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Reconsideration of Resolution Authorizing the Execution of a Master License Agreement for Wireless and Pole Mounted Communications Facilities Located Within the City of Aurora with World Class Wireless).
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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 Master License Agreement for Wireless and Pole Mounted Communications Facilities Within The City of Aurora 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, 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.