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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 -2- 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)