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017 -104 <br />'' maw RW._0 <br />AN ORDINANCE ACCEPTING THE BID SUBMITTED BY MOBILITIE, LLC <br />FOR A NON - EXCLUSVIVE WIRELESS FACILITIES FRANCHISE <br />AGREEMENT HAVING A TERM OF TEN YEARS WITH UP TO THREE <br />RENEWAL TERMS OF FIVE YEARS EACH AUTHORIZING THE <br />PLACEMENT OF WIRELESS FACILITIES WITHIN THE CITY'S PUBLIC <br />WAYS. <br />WHEREAS, pursuant to the provisions of Section 15.2 -2100, et seq., of the Code <br />of Virginia of 1950, as amended, the City of Portsmouth has invited bids for a Non - <br />Exclusive Wireless Facilities Franchise Agreement having a term of ten years with up to <br />three renewal terms of five years each authorizing the placement of Wireless Facilities <br />within the city's public ways; and <br />WHEREAS, the requirements of Sections 15.2 -2101 and 15.2 -2102 of the Code <br />of Virginia, 1950, as amended, have been met and the Council has carefully considered <br />all bids submitted; <br />BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: <br />1. That Mobilitie, LLC being the highest responsible bidder, its bid for a <br />Non - Exclusive Wireless Facilities Franchise Agreement having a term of ten years with <br />up to three renewal terms of five years each is hereby accepted. <br />2. That in accordance with Section 15.2 -2104 of the Code of Virginia, 1950, <br />as amended, the Council has determined that a bond in the amount required by Section <br />32 -59(c) of the City Code shall be executed in favor of the City of Portsmouth by <br />Mobilitie, LLC. <br />3. That the City Manager is authorized to execute a Non - Exclusive Wireless <br />Facilities Franchise Agreement in substantially the form set forth in Exhibit A hereto (the <br />"Agreement ") on behalf of the City of Portsmouth and to do all things necessary and <br />proper to carry out its terms. <br />4. That any and all rights granted to Mobilitie, LLC hereunder shall be of no <br />force or effect until the Agreement has been fully executed. <br />5. That this ordinance shall take effect on the date of its adoption. <br />ADOPTED by the Council of the City of Portsmouth, Virginia at a meeting held <br />on December 12, 2017. <br />Teste: <br />City Clerk <br />