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Legislation #: 051282 Introduction Date: 10/20/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Enacting a new Chapter 33, Code of Ordinances, “Geographical Information System,” establishing the procedures for the development, maintenance, distribution, and licensing of the City’s GIS.

Legislation History
DateMinutesDescription
10/19/2005 Filed by the Clerk's office
10/20/2005 Referred to Finance Committee
10/26/2005 Advance and Do Pass, Debate
10/27/2005 Passed

View Attachments
FileTypeSizeDescription
051282.pdf Authenticated 262K Authenticated
Fiscal Notes GIS.xls Fiscal Note 32K GIS License Fiscal Note
GIS Shrinkwrap Ordinance Draft.pdf Other 53K GIS License Ordinance Language
Ord Fact Sheet GIS On-Line Sales _ Licensing.xls Fact Sheet 100K Gis License Ordinance Fact Sheet

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ORDINANCE NO. 051282

 

Enacting a new Chapter 33, Code of Ordinances, Geographical Information System, establishing the procedures for the development, maintenance, distribution, and licensing of the Citys GIS.

 

WHEREAS, the City is authorized by 82.1035 and 256.670, R.S.Mo., to develop, maintain, distribute and license a geographical information system; and

 

WHEREAS, the City has successfully licensed its GIS to many people; and

 

WHEREAS, technology has established new ways in which to contract for certain items and information, such as digital products; and

 

WHEREAS, establishment of new means of licensing, such as shrink-wrap, click-wrap and Web-wrap license agreements, can render the Citys GIS licensing more efficient to users and less costly to the City; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That a new Chapter 33, Code of Ordinances, entitled Geographical Information Systems is enacted to read as follows:

 

Chapter 33

 

Geographical Information System

 

Sec. 33-1. Title.

 

This chapter may be known as the Geographical Information System Code.

 

Sec. 33-2. Definitions.

 

(a) Geographical Information System or GIS means a computerized, spatial coordinate mapping and relational data base technology which:

 

(1) Captures, assembles, stores, converts, manages, analyzes, amalgamates and records, in the digital mode, all kinds and types of information and data;

 

(2)               Transforms such information and data into intelligence; and

 

(3)               Retrieves, presents and distributes that intelligence to a user for use in making the intelligent decisions necessary for sound management.

 


(b) License means the authority granted by the City to a user of the Citys GIS, stipulating the terms under which the GIS may be used.

 

(c)    Shrink-wrap license agreement means a license agreement presented to the potential user of the GIS which is attached to or part of the packaging of the licensed data.

 

(d)   Click-wrap license agreement means a license agreement presented to the potential user of the GIS through digital means requiring the review and acceptance of the license agreement before access to the GIS is authorized.

 

(e)    Web-wrap license agreement or Browser-wrap license agreement means a license agreement presented to the potential user of the GIS through the World Wide Web requiring the review and acceptance of the license agreement before access to the GIS through the World Wide Web is authorized.

 

Sec. 33-3. Development of GIS.

 

(a)    Purpose. It is the intent of the City that the greatest amount of information useful to the City and its citizens should be included in the GIS. The City shall maintain and use the geographical information system for public purposes, such as, but not limited to, planning activities relating to private development, construction of public services, such as streets, sidewalks, water lines and sewer extensions, reapportionment of council districts, and other public services.

 

(b)   Continuation of GIS development. The Citys work prior to the effective date of this chapter in the development of its GIS shall be considered part of the ongoing development of the Citys GIS authorized by this chapter.

 

(c)    Required information. The GIS shall include, at a minimum, information relating to the following:

 

(1)               Property ownership;

 

(2)               Assessed value;

 

(3)               Water and sewer easements; and

 

(4)               Subdivision plats.

 

(d)   Additional information. The GIS may also include any other information appropriate to presentation through a GIS, including but limited to the following:

 

(1)               Zoning;

 

(2)               Building;

 

(3)               Development;

 

(4)               Geography;

 

(5)               Land use;

 

(6)               Public facilities;

 

(7)               Population;

 

(8)               Council districts and other political subdivisions;

 

(9)               Utility services;

 

(10)           Telecommunications and cable television services; or

 

(11)           Any other information conducive to presentation through a GIS that may serve a useful purpose to the City or its citizens.

 

Sec. 33-4. Distribution of GIS products and data.

 

(a) Distribution of GIS products. Distribution of maps and other products of the GIS prepared in non-machine readable form shall be done so that the public can benefit from its investment in the GIS. The cost of a map or other product shall be a reasonable fee representing the cost to the City of time, equipment and personnel in the production of the map or other product.

 

(b)   Open access to underlying GIS data. Unless properly made a closed record, information placed in the GIS should be available to the public under the terms of the Missouri Sunshine Law. Access to the information in a way by which a person could render the investment of the public in a GIS a special benefit to that person or others, and not to the public, will not be permitted. Absent a license, the GIS or any part of the GIS will not be distributed in machine readable form.

 

Sec. 33-5. Cost recovery.

 

(a) Elements of cost recovery. The City shall distribute the GIS so that the publics substantial investment is protected. All licensing agreements shall provide an appropriate return to the public of its investment. The cost of licensing the GIS will reflect the following:

 

(1) Cost of time, equipment and personnel in the production of the information in the GIS or the production of the GIS;

 


(2) Cost of the creation, purchase, or other acquisition of the information in the GIS or of the GIS itself; and

 

(3) Value of the commercial purpose, if any, for which the information in the GIS or the GIS itself is to be used.

 

Sec. 33-6. Price Schedule.

 

(a) Basic price schedule digital information. The following schedule of fees shall be applied for access to the GIS by non-City contractors for material in digital format:

 

Area Licensed Cost Per MB Db Index Total Fee Annual Maintenance

 

1 to 25 sections $200.00 per MB @ 5.0 GB variable 20% of original cost

26 to 50 sections $185.00 per MB @ 5.0 GB variable 20% of original cost

50 to 150 sections $170.00 per MB @ 5.0 GB variable 20% of original cost

151 to 200 sections $150.00 per MB @ 5.0 GB variable 20% of original cost

201 to 400+ $125.00 per MB @ 5.0 GB $625,000.00 20% or $125,000.00

 

A section assumes 1.0 square mile in a traditional PLSS format, smaller aerial distributions will result in a charge for the total number of hours of processing.

 

(b) City contracted firms and not-for-profit groups digital information.

 

(1)               General charges. The basic price to City contracted firms and not-for-profit groups will be 50% of the basic price schedule established by subsection (a).

 

(2)               Reductions in extraordinary circumstances. This rate may be further reduced when the licensing office determines a further reduction in price is necessary to accomplish a significant public benefit outweighing the interest of the City to recover its GIS costs. If the rate is further reduced pursuant to this authority the justification for the further price reduction will be shown on the documents recording the license agreement.

 

(c) Processing charges applicable to each project or periodic maintenance for digital orthophotos.

 


(1) Non-City contracted firms:.

 

Cost per section Index Price

 

$50 per orthographic section @400 sections $20,000.00

 

The cost for partial sections will be prorated by the project area purchased

 

(2) City contracted firms and not-for-profit organizations. The processing charge to City contracted firms and not-for-profit groups will be 50% of the basic price schedule established by subsection (c)(1).

 

(d) Consulting fees for processing requests or projects. Consulting fees for processing requests or for projects will be imposed based on the following schedule. The customization cost is per project and will only be charged at the initiation of a project, unless the boundaries are changed from the initial project data production.

 

Consulting Category Hourly Rate

 

CAD/GIS Operator $25.00

Programmer/Analyst $30.00

Systems Analyst $40.00

Sr. Systems Analyst/Project Manager $50.00

Program Coordinator $75.00

 

Sec. 33-7. Limitation on use of fees.

 

Fees received by the City under this chapter will be used solely to recover the cost of materials and investments related to the Citys GIS project.

 

Sec. 33-8. Licensing.

 

(a)    Authority to license. The City will license the use of its GIS. The Director of Information Technology may act for the City to license the GIS.

 

(b)   Minimum terms for the license agreement. The license agreement should address at a minimum the following issues:

 

(1)               Acceptance of the license agreement by the user;

 

(2)               Grant of license to the user;

 

(3)               Maintenance provisions, if any;

 

(4)               Term of the license;

 

(5)               Ownership of the GIS remains in the City;

 

(6)               Transfer of the licensed materials is prohibited, or the terms under which transfer may be accomplished;

 

(7)               Copyright interests to remain with the City;

 

(8)               Use limitations on the licensed materials;

 

(9)               Reference to the statutory exception to the Sunshine Law;

 

(10)           Disclaimer of accuracy and warranties permitted by law;

 

(11)           Limitation of liability permitted by law;

 

(12)           Release of the City from any damages arising from use of the GIS;

 

(13)           Termination of the agreement;

 

(14)           Modifications of the agreement;

 

(15)           Waiver of a breach of one part is not a waiver of any other part;

 

(16)           Provisions of the license agreement are independent of each other;

 

(17)           Missouri law will be applied;

 

(18)           Costs of the license agreement.

 

The Director of Information Technology may amend the terms of the license agreement offered to potential users of the GIS when appropriate to protect the Citys investment in the GIS.

 

(c)    Form of the license agreement. The City is authorized to use any lawful license agreement form, including shrink-wrap, click-wrap, or Web-wrap agreements, to protect the Citys interest in the GIS.

 

(d)   Approval of the City Attorney. Approval of the City Attorney of any form agreement, such as shrink-wrap, click-wrap, or Web-wrap, shall be noted on the form. Approval of the form shall be considered approval of each agreement within the terms of Article 28 of the City Charter requiring City Attorney approval of all documents as to form.

 


(e)                Approval by the City. Development of a form agreement may be signed through the indication on the agreement that the Director of Information Technology has authorized the license form. That printed or digital statement shall be considered the Citys written authorization to enter into the license agreement.

 

__________________________________________________

 

Approved as to form and legality:

 

 

_____________________________

William Geary

Assistant City Attorney