HomeMy WebLinkAbout2007-05-22; City Council; Resolution 2007-1231 RESOLUTION NO. 2007-123
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE FIRST
3 AMENDMENT TO THE TELECOMMUNICATIONS
4 NETWORK LICENSE AND ENCROACHMENT
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
5 NEXTG NETWORKS OF CALIFORNIA, INC. AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
6 RELATED DOCUMENTS.
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WHEREAS, The City of Carlsbad is responsible for management of its8
9 infrastructure within the public right-of-way and performs a wide range of vital tasks
!0 necessary to preserve the physical integrity of public streets and ways, to control the
11 orderly flow of vehicles, to promote the safe movement of pedestrians, and to manage a
12 number of gas, water, sewer, electric, cable television, telephone and
13 telecommunications facilities that are located in, under and over the streets and public
14 right-of ways; and
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WHEREAS, NextG Networks of California Inc. (NextG) builds, owns, and leases
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fiber optic distributed antenna systems to improve wireless coverage and capacity for
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telecommunications carriers; and18
WHEREAS, on June 6, 2006, NextG entered into a Telecommunications Network
20 License and Encroachment Agreement with the City for installation of up to 52 network
21 Nodes; and
22 WHEREAS, for the purposes of expanding their network, NextG has requested
23 an Amendment to that Agreement in order to locate, place, attach, install, operate,
control and maintain a total of up to 100 Nodes in the public right-of-way, and on
25 facilities owned by the City, as well as facilities owned by third parties therein.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council does hereby approve the First Amendment to the
Telecommunications Network License and Encroachment Agreement between the City
of Carlsbad and NextG Networks of California, Inc.
3. That the City Manager is authorized to execute this First Amendment to
the Telecommunications Network License and Encroachment Agreement, and all
related documents.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 22nd day of May 2007, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Nygaard
NOES: None
ABSENT: Council Member Packard
LORRAINE
(SEAL)