HomeMy Public PortalAbout2020_04_14_R052 License Agreement with Cellco Partnership dba Verizon Wireless (Cellco)The Town of
Leesburg,
Virginia
RESOLUTION NO. 2020-052
PRESENTED: April 14, 2020
ADOPTED: April 14, 2020
A RESOLUTION: AUTHORIZING THE TOWN MANAGER TO EXECUTE A LICENSE
AGREEMENT BETWEEN THE TOWN OF LEESBURG AND CELLCO
PARTNERSHIP FOR SMALL CELL WIRELESS
TELECOMMUNICATIONS FACILITIES IN THE TOWN'S RIGHT-OF-
WAY
WHEREAS, Cellco Partnership d/b/a Verizon Wireless (Cellco) is a wireless
communications provider that seeks to use the Town's Right-of-Way for wireless
telecommunications purposes; and
WHEREAS, Cellco seeks to replace existing electric distribution poles owned and
operated by Dominion Energy Virginia and telephone and cable distribution poles owned by
Verizon and install small cell telecommunication facilities ("facilities") on those poles at six
locations within in the Town's Right-of-Way; and
WHEREAS, Cellco submitted applications for zoning permits for its facilities, m
accordance with Virginia Code§ 15.2-2316.3, et seq.; and
WHEREAS, Virginia Code § 15.2-2316.3, et seq., prohibits a locality from requiring a
special exception application for the approval of small cell facilities; and
WHEREAS, Virginia Code§ 15.2-2316.3, et seq., prohibits denial of small cell facility
applications except in very limited circumstances; and
WHEREAS, Cellco's zoning permit application is acceptable under the Virginia Code;
and
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A RESOLUTION: AUTHORIZING THE TOWN MANAGER TO EXECUTE A LICENSE
AGREEMENT BETWEEN THE TOWN OF LEESBURG AND
CELLCO PARTNERSHIP FOR SMALL CELL WIRELESS
TELECOMMUNICATIONS FACILITIES IN THE TOWN'S RIGHT-
OF-WAY
WHEREAS, the Leesburg Board of Architectural Review has approved Cellco's
application for Certificate of Appropriateness for those facilities located in the Old and Historic
Districts; and
WHEREAS, a license agreement is necessary to allow the installation, operation and
maintenance of Cellco' s facilities, such that the installation, operation and maintenance does not
adversely affect Town-owned Rights-of-Way; and
WHEREAS, a license agreement will protect the Town's interests because it requires safe
practices, use of quality materials, and contains insurance and indemnification requirements; and
WHEREAS, the term of the license agreement with Cellco is five (5) years; and
WHEREAS, the terms contained in the license agreement are reasonable and equitable.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia that the
Town Manager is authorized to execute a license agreement with Cellco for use of the Town's
Right-of-Way, in a form approved by the Town Attorney.
PASSED this 14th day of April, 2020.
ATTEST:
~'4,;?
Clerk of Councii
LF\LeesburgRMS\Town_Clerk\Resolutions\2020\0414 License Agreement with Cellco Partnership dba Verizon Wireless (Cellco)