HomeMy Public PortalAbout2020_04_14_R053 License Agreement with New Cingular Wireless PCS, LLCThe Town of
Leesburg,
Virginia
RESOLUTION NO. 2020-053
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 NEW
CINGULAR WIRELESS FOR SMALL CELL WIRELESS
TELECOMMUNICATIONS FACILITIES IN THE TOWN'S RIGHT-
OF-WAY
WHEREAS, New Cingular Wireless PCS, LLC (New Cingular) is a wireless
communications provider that seeks to use the Town's Right-of-Way for small cell
telecommunications purposes; and
WHEREAS, New Cingular seeks to replace existing electric distribution poles owned and
operated by Dominion Energy Virginia and install small cell telecommunication facilities
("facilities") on those poles at seven (7) locations within in the Town's Right-of-Way; and
WHEREAS, New Cingular submitted applications for zoning permits for its facilities, in
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, New Cingular's zoning permit applications are acceptable under the
Virginia Code; and
WHEREAS, the Leesburg Board of Architectural Review has approved New Cingular's
application for Certificate of Appropriateness for those facilities located in the H-2 Overlay
District; and
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A RESOLUTION: AUTHORIZING THE TOWN MANAGER TO EXECUTE A LICENSE
AGREEMENT BETWEEN THE TOWN OF LEESBURG AND NEW
CINULAR WIRELESS FOR SMALL CELL WIRELESS
TELECOMMUNICATIONS FACILITIES IN THE TOWN'S RIGHT-
OF-WAY
WHEREAS, a license agreement is necessary to allow the installation, operation and
maintenance of New Cingular'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 New Cingular 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 New Cingular for use of the
Town's Right-of-Way, in a form approved by the Town Attorney.
PASSED this 14th day of April, 2020.
Kel~:-~o~~
Town of Leesburg
ATTEST:
LF\Leesburg\RMS\Town_Clerk\Resolutions\2020\0414 License Agreement with New Cingular Wireless PCS, LLC