File #: ID 16-0774    Version: 1 Name:
Type: Resolution Status: Passed
File created: 9/1/2016 In control: City Council
On agenda: 9/20/2016 Final action: 9/20/2016
Title: Authorization for the City Manager to Approve the Mutual Settlement Agreement and Release Between AT&T and the City of Greensboro in the Amount of $68,726.54 for AT&Ts Installations in the City's Rights-of-Way
Attachments: 1. 16-0774 Resolution Approve AT&T Settlement.pdf

 

Title

Authorization for the City Manager to Approve  the Mutual Settlement Agreement and Release Between AT&T and the City of Greensboro in the Amount of $68,726.54 for AT&Ts Installations in the City’s Rights-of-Way

 

Body

Department: Executive

Council District: All

 

Public Hearing: No

Advertising Date/By: N/A

 

Contact 1 and Phone: Tom Carruthers, City Attorney, 373-2320

Contact 2 and Phone: Jennifer Schneier, Assistant City Attorney, 373-2320

 

PURPOSE:

To approve a Mutual Settlement Agreement and Release in the amount of $68,726.54 to settle disputed claims concerning AT&T’s facilities within the City’s rights-of-way.

 

BACKGROUND:

AT&T and the City dispute the amount the City may charge for occupation of its rights-of-way.  Because of their dispute, the City and AT&T entered into a Tolling Agreement on August 30, 2013. Subsequent negotiations resulted in the parties entering into a Mutual Settlement Agreement and Release.  The past two years of billing for AT&T reflected the higher franchise fee of $1.50 per-linear-foot for total $131,006.16.  In 2015, City Council lowered the fee to $0.30 per-linear-foot.  The settlement amount of $68,726.54 reflects the revised $0.30 per linear foot fee as applied to the past two years of billing.

 

BUDGET IMPACT:

The City will receive $68,726.54.

 

RECOMMENDATION / ACTION REQUESTED:

It is recommended that City Council authorize the City Manager to approve the Mutual Settlement Agreement and Release in the amount of $68,726.54.