Laserfiche WebLink
RESOLUTION 2011- 121 R <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS APPROVING THE TERMS AND CONDITIONS OF A <br />NON - EXCLUSIVE RIGHT -OF -WAY LICENSE AGREEMENT AND <br />ATTACHMENT C TO THE AGREEMENT (AN "INDEFEASIBLE <br />RIGHT OF USE" AGREEMENT GRANTING SIX STRANDS OF DARK <br />FIBER TO THE CITY); AND A NON - EXCLUSIVE LICENSE <br />AGREEMENT FOR ATTACHMENT TO UTILITY FACILITIES, TO <br />AUTHORIZE THE INSTALLATION OF ONE DISTRIBUTED ANTENNA <br />( "DAS ") NODE ON DESIGNATED SAN MARCOS ELECTRIC UTILITY <br />POLES AND ASSOCIATED FIBER OPTIC CABLE WITH ATC <br />OUTDOOR DAS, LLC.; THE CITY MANAGER TO EXECUTE THESE <br />LICENSE AGREEMENTS ON BEHALF OF THE CITY; AND <br />DECLARING AN EFFECTIVE DATE. <br />RECITALS: <br />1. ATC Outdoor DAS, LLC ( "ATC ") is a certificated telecommunications provider (CTP) <br />licensed by the Texas Public Utility Commission under Service Provider Certificate of <br />Operating Authority No. 60801 to provide facilities -based and resale telecommunications <br />services; and <br />2. ATC does not provide retail telecommunications service in San Marcos; and <br />3. ATC will provide distributed antenna systems ( "DAS ") service in San Marcos as a <br />wholesale telecommunications service to wireless providers in order to increase network <br />capacity in areas where the providers' retail customers are experiencing poor wireless <br />coverage; and <br />4. In order to provide this service, ATC requires the use of municipal rights -of -way within a <br />specified geographic area in order to install, maintain and operate a DAS Network — a <br />network of spatially separated antenna nodes located and connected to a common source <br />via fiber optic cable; and <br />5. ATC and the City have negotiated a non - exclusive license agreement for the use of <br />municipal rights -of -way in the area of Exhibit B of the ; and <br />non - exclusive license agreement <br />6. The non - exclusive right -of -way license agreement will authorize ATC to use the space <br />above, below and on the surface of the affected rights -of -way but does not include the <br />right to place attachments on City -owned traffic poles, buildings, bridges and other <br />structures, or on San Marcos Electric Utility poles; and <br />