Broken Arrow City Council
Meeting of: 10-03-2017
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion, and possible approval of and authorization to execute an Amended Master Lease Agreement between New Cingular Wireless PCS, LLC d/b/a AT&T Mobility and the City of Broken Arrow, Oklahoma, regarding the placement of communication facilities on City properties and utility poles
End
Background:
On May 2, 2017, the City Council adopted Ordinance No. 3482 which amended the City’s existing Telecommunication Tower Ordinance. Revisions to the Zoning Code, made with the assistance of outside counsel that specializes in telecommunications, modernized the provisions and categorized antennas separately from towers. Separation into different sections was recommended to alleviate any confusion regarding permitting and the approval process.
As the Council is aware, technology is advancing at a very rapid pace in the telecommunications field. The proposed revisions allowed for permitting and approval of small cell facilities within the City of Broken Arrow. They were the result of a model ordinance provided by AT&T, who approached the City regarding provision of 5G service to the citizens of Broken Arrow. Revisions were recommended by outside counsel to ensure compliance with state and federal laws and municipal best practices. Importantly, the ordinance was reviewed by Planning Staff and recommended for adoption.
The Master Lease Agreement with New Cingular Wireless (“AT&T”) was the result of a joint effort between the attorneys for AT&T and the City’s outside counsel to bring 5G service to the City of Broken Arrow and was approved by the City Council originally on August 25, 2017. It allows AT&T to use City utility poles and other real property for placement of small cell facilities and related equipment. There are numerous provisions contained in the Lease which provide protection for the City of Broken Arrow. These include identification of the City’s primary use, priority of City facilities, a utility plan, required provision of an engineering study, and limitations on use. All provisions of placement of small cell facilities and operation must be in accordance with FCC regulations and state and federal laws.
The Lease Agreement pertains solely to small cell technology and is considerably more detailed. It provides for approval of specific locations, establishes various conditions on use, installation requirements, and inspection. It also addresses damage to City facilities, modification of City facilities, and permitting. It also imposes requirements on AT&T regarding insurance, limitations on liability, indemnification, removal at the end of the term, and assignment.
The initial term of the agreement is 20 years. Each supplement, which represents placement of individual facilities at a particular location, is for a term of five years. The annual rental for each supplement is $250.00. To protect the City’s interests, there are provisions for payment of the rent, and late payments. Application fees and supplement review fees will be as set forth in the Manual of Fees.
After the Council approved the original Master Lease, AT&T made a few minor revisions. The attached Amended Master Lease Agreement provides AT&T’s contact information for invoices sent by Lessor and refines language for the rent increase for supplements. This Amendment also provides four (4) exhibits as follows:
1. Exhibit A-Lease Supplement;
2. Exhibit B-Lease Supplement Application for A Small Wireless Facility;
3. Exhibit C-Requirements for Small Cell Poles; and
4. Exhibit D-Bill of Sale
Staff recommends that the Council approves the Amended Master Lease Agreement and authorize its execution.
Cost: Oversight, Approval, and Inspection Costs
Prepared By: Beth Anne Childs, City Attorney
Reviewed By: Assistant City Manager-Operations
Development Services
Approved By: Michael L. Spurgeon, City Manager
Attachments: Master Lease Agreement
Recommendation:
Approve the Amended Master Lease Agreement and authorize its execution.