ORDINANCE NO. 160247
Authorizing a License Agreement
with Google Inc., to install and maintain a wireless digital data
communications.
WHEREAS, Google Inc., is the holder of a Federal
Communications Commission experimental license authorizing creation of a test
bed for conducting a trial of a wireless network for providing communications services;
and
WHEREAS, Google Inc., proposes to locate,
place, attach, operate and maintain Licensee’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
Company (KCP&L) pursuant to Licensee’s separate locate agreements with said
utility companies; and
WHEREAS, Google Inc., proposes to install and
maintain Licensee’s Attachments on or within City facilities to provide communications
services; and
WHEREAS, the City is willing, to grant Google
Inc., a non-exclusive, revocable license under which the City will issue permits
authorizing Google to enter upon the City’s right-of-way to locate, place,
attach, install, operate, maintain, remove, reattach, reinstall, relocate and
replace Google’s communications equipment attachments, and for the placement or
installation of Google’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 as long as
Google Inc., is treated in a competitively neutral and non-discriminatory
manner as compared with other similarly situated third-parties; and
WHEREAS, the City’s grant of a license to use facilities
is solely for the purpose of supporting the trial for the specific period
described herein. Both parties agree and understand that this Agreement is not
a commercial transaction involving the rental of City property. Google Inc.,
will not use the communications equipment authorized under this Agreement to
provide any commercial communications services without the consent of the City;
NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF
KANSAS CITY:
Section 1. That the Director of Public Works is authorized
to execute License Agreement with Google Inc., to install and maintain a
wireless network for providing
communication
services using equipment attached to streetlight poles in the public
right-of-way for a term of two years, with possible additional four year
renewal terms thereafter. A copy of the License Agreement is on file in the
office of the Director of Public Works.
___________________________________________
Approved as to form and
legality:
_______________________________
Nelson Munoz
Assistant City Attorney