RES 2016-22 Adopted RESOLUTION NO. 2016-22
A RESOLUTION AUTHORIZING THE CITY OF NORTH AUGUSTA TO GRANT A
FRANCHISE AGREEMENT TO CROWN CASTLE NG EAST, LLC IN CONNECTION
WITH THE PROVISION OF TELECOMMUNICATIONS SERVICE
WHEREAS, Crown Castle NG East, LLC has requested consent of the City
of North Augusta to use the streets and public places of the municipality to construct, install,
maintain, and operate its facilities for use in providing telecommunications services to its
customers within the municipality for its own business purposes and profit; and,
WHEREAS, the City has considered the request by Crown Castle NG East,
LLC and detel wined that such request in accordance with the laws of this State; and,
WHEREAS, the City has determined that it is proper and in the interest of the
citizens of the City to grant such franchise.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of
the City of North Augusta, South Carolina that the City grant to Crown Castle NG East,
LLC a nonexclusive franchise agreement as specified in the Franchise Agreement attached
hereto, marked as "Exhibit A" and incorporated by reference.
BE IT FURTHER RESOLVED that the City Administrator is authorized to
execute any documents necessary for the finalization of this matter.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF NORTH AUGUSTA, SOUTH CAROLINA,ON THIS THE I cbAY OF AUGUST,2016.
Lark W. Jones, Mayor
ATTEST: /1
Donna B. Young, ity Cl
STATE OF SOUTH CAROLINA
FRANCHISE AGREEMENT
COUNTY OF AIKEN
WHEREAS, Crown Castle NG East LLC has requested consent of the City
of North Augusta to use the streets and public places of the municipality to
construct, install, maintain and operate its facilities for use in providing
telecommunications services to its customers within the municipality for its own
business purposes and profit; and,
WHEREAS, other telecommunications providers either have or are likely to
seek a similar consent; and,
WHEREAS, it is the policy of the municipality to permit such entry into the
corporate limits and such use of the streets and public places for the provision of
telecommunication services, subject to the duty and authority of the municipality
to manage its streets, public property and rights-of-way; to require fair and
reasonable compensation from telecommunications providers for the use thereof
on a competitively neutral and nondiscriminatory basis; and to publicly disclose the
amount of such compensation; and,
WHEREAS, the Council of the City of North Augusta has enacted
Ordinance Number 2016-17 to grant Crown Castle NG East LLC (f/k/a NextG
Networks of NY, Inc.) a franchise to construct, install, maintain and operate in,
over, upon and under the streets and public places of the municipality, its lines,
poles, wires, cables and other telecommunications facilities and equipment to
render telecommunications services to its customers in the corporate limits of the
City of North Augusta for such period as provided herein.
Section 1: As used in this agreement, the word "Company" means Crown Castle
NG East LLC ("Crown Castle"), a limited liability company organized and existing
under the laws of the State of Delaware and duly authorized to do business in
South Carolina, its successors and assigns.
Section 2: As used in this agreement, the word "Municipality" means the City of
North Augusta South Carolina.
Section 3: As used in this agreement, the term"Telecommunications Services" has
the meaning and definition given to that same term by S.C. Code Ann. Sections
58-9-10 and 58-9-2200 (1) and 47 U.S.C. § 153; provided, however, for purposes
of this agreement, the term "Telecommunications Services" does not include cable
television. Cable television services may only be provided in the municipal limits
pursuant to a separate franchise pursuant to 42 USC 542.
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Section 4: The non-exclusive right, power and authority are hereby granted and
vested in the Company to construct, install, maintain and operate in, over, under
and upon the streets, alleys, bridges, and rights-of-way of the Municipality, its lines,
poles, antennas, wires, cables, cabinets, conduits, converters, equipment and
other telecommunications facilities and to use those facilities to render
Telecommunication Services to its customers within the corporate limits of the
Municipality.
Section 5: Prior to the commencement or continuation of any construction or
operation in the corporate limits of the Municipality, the Company shall be duly
authorized to do business in South Carolina and shall have received any
necessary certificate of public convenience and necessity or other required
authorization from the Public Service Commission of South Carolina. Evidence that
such authority has been acquired or that it is not required will be filed with the
Municipality.
Section 6: All work upon the streets and public places of the Municipality shall be
in accordance with all applicable standards, codes and ordinances and will be
done under the general supervision of the Mayor and Council of the Municipality
through the application for and administration of an encroachment permit from the
Municipality. Accordingly, the Company's facilities shall be (a) constructed,
maintained and operated in a manner consistent with other equipment in the right-
of-way that does not obstruct or hinder the usual travel on or by such right-of-way,
and (b) reasonably consistent with the size and height of other equipment in the
right-of-way, with facilities not to exceed the greater of (i) ten feet in height above
ground level higher than existing poles, if present, or (ii) fifty feet above ground
level. In addition, all new construction, wherever practicable, will be placed
underground; however, service lines/cables and/or equipment will be allowed to
be placed aboveground if other existing service lines/cables and/or equipment in
that area are installed aboveground. Any necessary aboveground construction,
wherever practicable, will utilize existing utility poles. No street, alley, bridge, right-
of-way or other public place used by the Company shall be obstructed longer than
necessary during its work of construction or repair and shall be restored to the
same good order and condition as when said work was commenced. No part of
any street, alley, bridge, right-of-way or other public place of the Municipality,
including any public drain, sewer, catch basin, water pipe, pavement or other public
improvement, shall be damaged. However, should any such damage occur, the
Company shall repair the same as promptly as possible, and, in default thereof,
the Municipality may make such repairs and charge the reasonable cost thereof to
and collect the same from the Company. The Company shall save the Municipality
harmless from all liability or damage (including judgments, decrees, court costs,
and defense costs) arising out of the Company's operations within the corporate
limits of the Municipality, the exercise of the privileges granted to the Company by
this ordinance, or the acts or omissions of the Company's employees, contractors,
or agents.
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Section 7: The Municipality reserves the right to determine that, in its reasonable
discretion, it is in the public interest to improve or modify its streets or public places
in a manner that requires the displacement, modification, relocation or removal of
the Company's facilities from any area along the Municipality's streets or public
places. In any such case, the Municipality shall use its reasonable efforts to afford
the Company a reasonably equivalent alternate location. Upon its receipt of
reasonable notice from the Municipality of that determination (which notice shall
be not less than sixty (60)days except where emergency conditions require shorter
notice), the Company, at its own expense, shall protect, support, temporarily
disconnect, relocate to another section of the streets or public places designated
by the Municipality, or totally remove from the streets or public places any facilities
of the Company when required or requested by the Municipality for reason of traffic
conditions, public safety, street abandonment, freeway and street construction,
change or establishment of street grade, installation of sewers, drains, gas or water
pipes, or electrical or telecommunications lines when such relocation work is being
done directly by or for the Municipality.
Section 8: In consideration of the grant of authority to utilize the streets and public
places of the Municipality for the provision of Telecommunication Services, and in
accordance with applicable laws and ordinances, the Company shall pay such
lawful franchise fees, business license taxes, and administrative fees as are
presently permitted by Article 20 of Chapter 9 of Title 58 of the 1976 Code of Laws
of South Carolina, as enacted in 1999, and as may be enacted and imposed by
the Municipality. The Company shall also pay all such ad valorem taxes, service
fees, sales taxes, or other taxes and fees as may now or hereafter be lawfully
imposed on other businesses within the Municipality. Provided, however, that in
the event that Article 20 of Chapter 9 of Title 58 of the 1976 Code of Laws of South
Carolina, as enacted in 1999, or other laws governing franchise fees, business
license taxes and/or other fees with respect to Telecommunication Services shall
be substantially modified by subsequent legislation or court decision, the
provisions herein contained shall be brought into conformity with the changes in
the applicable law by appropriate amendment to this agreement. If the limitations
on the amount of franchise fees, administrative fees, and business license taxes
on providers of Retail Telecommunications Services presently contained in said
statute shall be removed or modified, the Municipality will be free, by amendment
to this agreement, to impose such fair, reasonable, competitively neutral and non-
discriminatory fees and taxes as may then be permitted by that statute or by such
applicable South Carolina and federal law as may then govern.
Section 9: Except as specifically provided herein, or otherwise mandated by law,
the privilege granted to the Company by this agreement does not exempt or
excuse the Company from the police power and all other lawfully imposed
municipal authority and laws including, but not limited to, those relating to zoning,
permitting, traffic control, construction and excavation, planning, aesthetics, and
the environment.
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Section 10: This agreement may be terminated by either party upon forty-five (45)
days' prior written notice to the other party upon a default of any material covenant
or term hereof by the other party, which default is not cured within forty-five (45)
days of receipt of written notice of default (or, if such default is not curable within
forty-five (45) days, if the defaulting party fails to commence such cure within forty-
five (45) days or fails thereafter diligently to prosecute such cure to completion).
Except as expressly provided herein, the rights under this agreement are
irrevocable.
Section 11: Any notice to either party shall be in written form and addressed as
follows:
If to the Municipality:
City of North Augusta
100 Georgia Avenue
North Augusta, SC 29841-3843
If to the Company:
Crown Castle NG East LLC
do Crown Castle USA, Inc.
2000 Corporate Drive
Canonsburg, PA 15317-8564
Attention: General Counsel, Legal Department
With a copy (which shall not constitute legal notice) to:
Crown Castle NG East LLC
Attention: SCN Contracts Administration
2000 Corporate Drive
Canonsburg, PA 15317-8564
Section 12: This agreement constitutes the entire agreement of the Parties and
may be modified only by a subsequent written instrument.
Section 13: This agreement shall be binding upon the parties hereto, their legal
representatives, successors and assigns.
IN WITNESS WHEREOF, the Parties have caused this Franchise
Agreement to be executed on the date the Council of the Municipality formally
enacted Ordinance Number 2016-17.
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WITNESSES The Company
Crown Castle NG East LLC
� �� By: bkal—/
Name: PftC2L_ BLjr5&Z.
• I dA # 14_ Y I ' Its: �I I C:J K
The Municipality
City of North Augusta, South Carolina
C So t By:
Name: Tnn o .o✓E2
46,_ (V-65e0 Its: Cr ry Aom i.✓ sT2/f_____
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STATE OF GEORGIA
PROBATE
COUNTY OF LX A.
PERSONALLY appeared before me, th ndersigned witness, and made
oath that (s)he saw the within named PAL&, 6 1 A82 ft-- sign, seal and
as their Act and Deed deliver the within written Franchise Agreement, and that
(s)he with the other witness described above witnessed theIWO exe tion thereof.
/ I d�—
SWORN to before me this and ������►�Ntq',,
Day ofT-f.C.Pm tot,� , 2-t(b ��` ��P;.....
!∎i►. Ate • S r� airAAy it
otary Public for Georgia SONU1 MAXWELL .7. oi� ' y a
.
My commission expires: NOTARY PUBLIC ,, B1�G9 .''
CEORCU �'�•tio^'E,s,z°:••'t<,,
DEKALB COUNTY, �i •.......••
MY COMM. EXPIRES �DUNT N •N%
06/1512019
STATE OF SOUTH CAROLINA
PROBATE
COUNTY OF AIKEN
PERSONALLY appeared before me, the undersigned witness, and made
oath that (s)he saw the within named 1T . /c.42eQ 6-101te sign, seal and
as their Act and Deed deliver the within written Franchise Agreement, and that
(s)he with the other witness described above witnessed the execution thereof.
/
/ •
SWORN to before me this u
Day of ,
Notary ry Public for South Carolina
My commission expires: +/10
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