City of Milwaukee - File #: 060466

• File #: 060466
• Version: 1
• Type: Resolution
• Status: Placed On File
• File created: 7/12/2006
• In control: PUBLIC WORKS COMMITTEE
• Final action: 1/17/2007
• Title: Substitute resolution relating to a term sheet and a Facilities and License Agreement with EarthLink, Inc., relating to construction of a citywide wireless network infrastructure.
• Sponsors: ALD. MURPHY
• Indexes: COMMUNICATIONS SYSTEMS

Date	Ver.	Action By	Action	Result	Tally
1/18/2007	1	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
1/17/2007	1	COMMON COUNCIL	PLACED ON FILE	Pass	13:0
1/3/2007	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR PLACING ON FILE	Pass	5:0
7/28/2006	1	CITY CLERK	DRAFT SUBMITTED
7/14/2006	0	PUBLIC WORKS COMMITTEE	REFERRED TO
7/12/2006	0	COMMON COUNCIL	ASSIGNED TO

Number

060466

Version

SUBSTITUTE 1

Reference

060286

Sponsor

ALD. MURPHY

Title

Substitute resolution relating to a term sheet and a Facilities and License Agreement with EarthLink, Inc., relating to construction of a citywide wireless network infrastructure.

Analysis

This resolution authorizes the Director of the Department of Administration to negotiate and enter into a Facilities Use and License Agreement, relating to construction of a citywide wireless network infrastructure, with EarthLink, Inc., in accordance with the terms and conditions specified in the term sheet attached to this file.  The agreement shall be approved as to content by the City Attorney to ensure compliance with the term sheet and shall be countersigned by the City Comptroller.

Body

Whereas, EarthLink, Inc., desires to construct a citywide wireless network infrastructure based on use of City structures and facilities owned by the City which are located within the municipal right-of-way, and operate and maintain such infrastructure; and

Whereas, EarthLink, Inc., will be required to satisfactorily demonstrate financial capability to fully construct the wireless network before an agreement is executed; and

Whereas, Common Council File Number 060286, adopted on June 6, 2006, authorized the Department of Administration to negotiate agreements with companies desiring to construct a citywide wireless network infrastructure, subject to Common Council approval; and

Whereas, The City is willing to permit EarthLink, Inc., to construct a citywide wireless network infrastructure in accordance with the terms and conditions specified in the term sheet attached to this file; now, therefore, be it

Resolved, By the Common Council of the City of Milwaukee, that the Director of the Department of Administration, acting on behalf of the City of Milwaukee is authorized and directed to negotiate and enter into a Facilities Use and License Agreement with EarthLink, Inc., containing the provisions of the term sheet attached to this file;

and, be it

Further Resolved, That such agreement with EarthLink, Inc., shall be exempt from the provision of Common Council File Number 060286, which requires Common Council approval of such agreements as may be negotiated by the Department of Administration; and, be it

Further Resolved, That any such agreement shall be approved as to content by the City Attorney to ensure compliance with the term sheet and shall be countersigned by the City Comptroller.

Requestor

Drafter

LRB06398-2

AEH

7/28/2006