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Legislation #: 191021 Introduction Date: 12/5/2019
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing a License Agreement with New Cingular Wireless PCS, LLC to install and maintain Small Wireless Facilities; and estimating revenue in the amount of $1,500.00 in the pole attachment fees account.

Legislation History
DateMinutesDescription
12/5/2019 Filed by the Clerk's office
12/5/2019 Referred to Transportation, Infrastructure and Operations Comm
12/11/2019 Do Pass
12/12/2019 Assigned to Third Read Calendar
12/19/2019 Passed

View Attachments
FileTypeSizeDescription
191021.pdf Authenticated 99K Authenticated
TIO pw presentation 121119.pptx Advertise Notice 1340K 191021 PP
Fiscal Note- New Cingular License Agreement (5).pdf Fiscal Note 153K PW Fiscal Note
Admin Worksheet - R-2019-01139.pdf Other 78K PW Appropriation Worksheet
Fact Sheet- New Cingular License Agreement.pdf Fact Sheet 178K PW Fact Sheet
Draft License Agreement -New Cingular License Agreement.pdf Agreement 1200K PW Agreement

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ORDINANCE NO. 191021

 

Authorizing a License Agreement with New Cingular Wireless PCS, LLC to install and maintain Small Wireless Facilities; and estimating revenue in the amount of $1,500.00 in the pole attachment fees account.

 

WHEREAS, New Cingular Wireless PCS, LLC is the holder of a certificate of service authority from Missouri Public Service Commission to provide certain communications services; and

WHEREAS, New Cingular Wireless PCS, LLC proposes to locate, place, attach, install, operate and maintain New Cingular Wireless PCS, LLC Small Wireless Facilities on or within the City’s right-of-way (a) on City Utility Poles in said areas, and (b) on or within the facilities (i.e. poles, lines, wires, and conduit) of other utility companies such as Evergy, Inc. pursuant to New Cingular Wireless PCS, LLC’s separate locate agreements with said utility companies; and

WHEREAS, New Cingular Wireless PCS, LLC proposes to install and maintain New Cingular Wireless PCS, LLC’s Small Wireless Facilities on City Utility Poles to provide communications services; and

WHEREAS, the City is willing, to grant New Cingular Wireless PCS, LLC a non-exclusive, revocable license under which the City will issue permits authorizing New Cingular Wireless PCS, LLC to locate, place, attach, install, operate, maintain, remove, reattach, reinstall, relocate and replace New Cingular Wireless PCS, LLC’s Small Wireless Facilities on City Utility Poles; 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 Utility Pole so long as New Cingular Wireless PCS, LLC 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 of Public Works is authorized to execute a License Agreement with New Cingular Wireless PCS, LLC to install and maintain Small Wireless Facilities on City Utility Poles for the agreement term ending on December 31, 2039, with possible three (3) additional five (5) 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:

 

20-2060-892200-462152 Pole Attachment Fees $1,500.00

 

_____________________________________________

 

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.

 

 

______________________________

Tammy L. Queen

Director of Finance

 

Approved as to form and legality:

 

 

______________________________

Matthew W. Cooper

Assistant City Attorney