Title
Resolution to Approve Encroachment Agreements Pursuant to Hampton City Code § 34-86 Between the City of Hampton and WANRack, LLC to Allow Multiple Encroachments into the City’s Right of Way for Installation of Communication Conduit, Fiber Optic Cable, and Other Related Infrastructure to Provide Services to the Hampton City Schools
Purpose
PURPOSE/BACKGROUND:
WANRack, LLC (the “Licensee” and “Grantee”), is a fiber optic communications network service provider intending to provide services to certain property owned by Hampton City Schools (“HCS”) located at numerous HCS facilities throughout the City (the “Serviced Parcels”). Licensee has filed a certain site plan with the City being Site Plan #2023-0024 (the “Site Plan”). In the Site Plan, Licensee identified thirty-three (33) separate routes (the “Routes”) that it will need to take within, along and across City rights-of-way in order to provide the required services to the Serviced Parcels. The Licensee has filed an encroachment application with the City’s Department of Public Works (“Public Works”) requesting to encroach within the City’s rights-of-way. Approximately thirty-three (33) separate encroachment agreements (the “Agreements”) will be needed to cover each of the Routes. A proposed model encroachment agreement (the “Model Agreement”) is attached to this Resolution and it is a representation of the format and contains the terms and conditions that will be included in all of the required agreements necessary to grant the requested encroachments. Although the Model Agreement sets the parties, the background, and the general terms and conditions of all of the Agreements, each will require different information that Public Works and the City Attorney’s Office (the “CAO”) will have to insert. Public Works and the CAO seek authorization from City Council to insert the appropriate information into the Agreements concerning the following: (a) the specific Route number identified in the Site Plan; (b) the specific street names for the City’s “Right-of-Way”; (c) the specific descriptions of the “Licensed Areas”; (d) the specific descriptions of the “Licensed Improvements”; and (e) the appropriate sketch/illustration identified as Exhibit “A”. These areas of information requiring action by Public Works and CAO are highlighted in yellow in the Model Agreement.
The request by Licensee 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 Agreements.
Discussion:
See Purpose/Background above.
Impact:
See Purpose/Background above.
Recommendation:
Rec
Approve the Resolution.
Body
WHEREAS, WANRack, LLC (the “Licensee” and “Grantee”), is a fiber optic communications network service provider intending to provide services to certain property owned by Hampton City Schools (“HCS”) located at numerous HCS facilities throughout the City (the “Serviced Parcels”);
WHEREAS, Licensee has filed a certain site plan with the City, being Site Plan #2023-0024 (the “Site Plan”), that identifies thirty-three (33) separate routes (the “Routes”) that it will need to take within, along and across City rights-of-way in order to provide the required services to the Serviced Parcels;
WHEREAS, the Licensee has filed an encroachment application with the City’s Department of Public Works (“Public Works”) requesting to encroach within the City’s rights-of-way affecting numerous streets throughout the City, and approximately thirty-three (33) separate encroachment agreements (the “Agreements”) will be required between the City and the Licensee to cover each of the Routes;
WHEREAS, a proposed model encroachment agreement (the “Model Agreement”) is attached to this Resolution and it is a representation of the format and contains the terms and conditions that will be included in all of the required Agreements;
WHEREAS, although the Model Agreement sets the parties, the background, and the general terms and conditions of all the Agreements, each will require different information that Public Works and the City Attorney’s Office (the “CAO”) will have to insert;
WHEREAS, Public Works and the CAO seek authorization from City Council to insert the appropriate information into the Agreements concerning the following: (a) the specific Route number identified in the Site Plan; (b) the specific street names identifying the City’s “Right-of-Way”; (c) the specific descriptions of the “Licensed Areas”; (d) the specific descriptions of the “Licensed Improvements”; and (e) the appropriate sketch/illustration identified as Exhibit “A” (These areas of information requiring action by Public Works and CAO are highlighted in yellow in the Model Agreement); and
WHEREAS, City staff have reviewed the request and recommend granting the Licensee a non-exclusive revocable license, subject to certain terms and conditions set forth in the Model Agreement, and upon the execution by the Licensee of the thirty-three (33) separate Agreements referenced herein.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hampton, Virginia, as follows:
1. That the thirty-three (33) separate Agreements referenced herein between the City of Hampton and WANRack, LLC, based on the terms and conditions of the Model Agreement attached hereto, are hereby approved;
2. That Public Works and the CAO are hereby authorized to insert the appropriate information into the Agreements concerning the following: (a) the specific Route number identified in the Site Plan; (b) the specific street names identifying the City’s “Right-of-Way”; (c) the specific descriptions of the “Licensed Areas”; (d) the specific descriptions of the “Licensed Improvements”; and (e) the appropriate sketch/illustration identified as Exhibit “A”; and
3. That the City Manager, or her authorized designee, is hereby authorized to execute the thirty-three (33) separate Agreements, 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.