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Legislation #: 150087 Introduction Date: 2/5/2015
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing a License Agreement with Mobilitie Investment III, LLC to install and maintain a wireless digital data communications; and estimating revenue in the amount of $5,400.00 in the Pole Attachment Fees account.

Legislation History
DateMinutesDescription
2/5/2015 Filed by the Clerk's office
2/5/2015 Referred to Finance, Governance & Ethics Committee
2/18/2015 Advance and Do Pass, Debate
2/19/2015 Passed

View Attachments
FileTypeSizeDescription
150087.pdf Authenticated 144K Authenticated
150087 Fiscal Note.pdf Fiscal Note 15K 150087 Fiscal Note
150087 factsheet.pdf Fact Sheet 208K 150087 Fact Sheet

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ORDINANCE NO. 150087

 

Authorizing a License Agreement with Mobilitie Investment III, LLC to install and maintain a wireless digital data communications; and estimating revenue in the amount of $5,400.00 in the Pole Attachment Fees account.

 

WHEREAS, Mobilitie Investment III, LLC is the holder of a certificate of service authority from Missouri Public Service Commission to provide certain telecommunications services, including the provision of point-to-point transport services to other carriers via fiber optic facilities; and

 

WHEREAS, Mobilitie proposes to locate, place, attach, install, operate and maintain Mobilitie’s communications equipment on or within the City’s right-of-way (a) on or within the City facilities in said areas, and (b) on or within the facilities (i.e. poles, lines, wires, and conduit) of other utility companies such as Kansas City Power & Light (KCP&L) and AT&T pursuant to Mobilitie’s separate locate agreements with said utility companies; and

 

WHEREAS, Mobilitie proposes to install and maintain Mobilitie’s attachments on or within City facilities to provide communications services; and

 

WHEREAS, the City is willing, to grant Mobilitie a non-exclusive, revocable license under which the City will issue permits authorizing Mobilitie to enter upon the City’s right-of-way to locate, place, attach, install, operate, maintain, remove, reattach, reinstall, relocate and replace Mobilitie’s communications equipment attachments, and for the placement or installation of Mobilitie’s attachments on or within specified City facilities; and

 

WHEREAS, the City may in its sole discretion, for reasons relating to insufficient capacity, safety, reliability, generally applicable engineering purposes or other governmental needs, uses, obligations and reasons, refuse to issue a permit for any particular City facility so long as Mobilitie is treated in a competitively neutral and non-discriminatory manner as compared with other similarly situated third-parties; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Director Public Works is authorized to execute a License Agreement with Mobilitie Investment III, LLC to install and maintain a wireless digital data communications network using equipment attached to streetlight poles in the public right-of-way network for a term of five years, with possible additional one year renewal terms thereafter. A copy of the License Agreement is on file in the office of the Director of Public Works.

 

Section 2. That revenue in the following account is hereby estimated in the following amount:

 

15-2060-892200-462152 Pole Attachment Fees $5,400.00

 

_____________________________________________

 

I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

 

_______________________________

Randall J. Landes

Director of Finance

 

Approved as to form and legality:

 

______________________________

Nelson V. Munoz

Assistant City Attorney