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TO: Mayor Robert J. O’Connor
FROM: Lance C. Malina, Acting Corporation Counsel
DATE: May 4, 2017
SUBJECT:
A Resolution Authorizing the Execution of a Master License Agreement for Wireless and Pole Mounted Communications Facilities Located within the City of Aurora with On Light Aurora (On Light Aurora - 17-00411 / KDWK-17.076-AG/L - SP)
PURPOSE:
The Petitioner, On Light Aurora, 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. The provisions previously found in Chapter 19 relative to telecommunications services and facilities were originally enacted in the 1990s in order to bring current the regulations regarding towers, antennas and related telecommunications facilities. Technology is constantly changing, and with the advance of wireless and "small cell" technologies, various changes were made to address current issues and problems.
One of those changes was regarding the installation of Communication Facilities on new or existing utility / light poles. Communication Facilities on new, existing or modified poles are permitted in any zoning district, up to ten (10) feet above the height of the pole, provided a license or lease authorizing such 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.
On Light Aurora 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 the exception of Section 7.1.2. The modification 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 modification to Section 7.1.2 being:
7.1.2 Within the I-88 Technology Corridor: Within the first sixty (60) days following the approval of this Agreement, no more than one (1) four (4) Site-Specific Permit Application(s) may be filed by the Communications Licensee. Thereafter no more than two (2) Site-Specific Permit Applications may be filed by the Communications Licensee within any sixty (60) day period, unless said restriction is waived in writing by the City Representative.
cc: Alderman O’Connor, Chairman
Alderman Mervine
Alderman Bohman
Alderman Mesiacos, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution Authorizing the Execution of a Master License Agreement for Wireless and Pole Mounted Communications Facilities Located within the City of Aurora with On Light Aurora
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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, on May 4, 2017, On Light Aurora 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 Exhibits "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 On Light Aurora wish to enter into said attached Agreement regarding Wireless and Pole Mounted Communications Facilities; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the Mayor and City Clerk be and are hereby authorized to execute the attached Agreement.
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