Title
Resolution to Approve an Encroachment Agreement Pursuant to Hampton City Code § 34-86 Between the City of Hampton and Lumos Networks Inc. d/b/a Segra to Allow an Encroachment into the City’s Right of Way to Install and Maintain Fiber Optic Cable Within and Along E. Queen Street to Serve Property and/or Customers Located at 2 Eaton Street
Purpose
PURPOSE/BACKGROUND:
Lumos Networks Inc. d/b/a Segra (the “Licensee” and “Grantee”), is a fiber optic communications network service provider intending to install certain infrastructure in the City of Hampton (the “City”) to provide services to its customers and certain properties adjacent to, near, or within the area of certain property owned by Armada/Hoffler - Hampton Centre Associates, L.P. located at 2 Eaton Street, Hampton, Virginia (LRSN 2003199) (the “Serviced Parcel”). The City is the owner of Eaton Street and E. Queen Street (collectively the “Right of Way”). The Licensee requested that the City grant Licensee permission to encroach into a 125 +/- square foot (1’ wide x 125’ +/-) area within and along the Right of Way (the “Licensed Area”) to install, pull, splice, and maintain fiber optic cable through existing conduit and existing handholes in the Licensed Area (the “Licensed Improvement”) as illustrated as a dashed line on Exhibit “A” attached to the Encroachment Agreement presented to Council for approval.
The request was routed to City staff and local utility companies, and none had any objections, but some recommend certain conditions that are included in the attached Encroachment Agreement. Therefore, pursuant to Hampton City Code § 34-86, City staff recommend approval of the Encroachment Agreement.
Discussion:
See Purpose/Background above.
Impact:
See Purpose/Background above.
Recommendation:
Rec
Approve the Resolution.
Body
WHEREAS, the City of Hampton (the “City) is the owner of Eaton Street and E. Queen Street (collectively the “Right of Way”);
WHEREAS, Lumos Networks Inc. d/b/a Segra (the “Licensee”), is a fiber optic communications network service provider intending to provide services to its customers and certain properties adjacent to, near, or within the area of certain property owned by Armada/Hoffler - Hampton Centre Associates, L.P. located at 2 Eaton Street, Hampton, Virginia (LRSN 2003199) (the “Serviced Parcel”);
WHEREAS, Licensee requested that the City grant Licensee permission to encroach into a 125 +/- square foot (1’ wide x 125’ +/-) area of the Right of Way (the “Licensed Area”) to install, pull, splice, and maintain fiber optic cable through existing conduit and existing handholes within the Licensed Area (the “Licensed Improvement”) as illustrated on Exhibit “A” attached to the Encroachment Agreement and presented herewith to Council for approval; and
WHEREAS, City staff have reviewed the request and recommend granting the Licensee a non-exclusive revocable license, subject to certain terms and conditions and the execution of the Encroachment Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hampton, Virginia, as follows:
1. That the Encroachment Agreement between the City of Hampton and Lumos Networks Inc. d/b/a Segra is hereby approved; and
2. That the City Manager, or her authorized designee, is hereby authorized to execute the Encroachment Agreement, in substantially the same form as set forth in this Resolution, and to take any and all actions necessary to carry out the purposes of this Resolution, subject to approval by the City Attorney.