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Legislation #: 140718 Introduction Date: 8/28/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing a License Agreement with ExteNet, Inc., to install and maintain a wireless digitial data communications; and estimating revenue in the amount of $5,400.00 in the Pole Attachment Fees account.

Legislation History
DateMinutesDescription
8/28/2014 Filed by the Clerk's office
8/28/2014 Referred to Transportation & Infrastructure Committee
9/4/2014 Advance and Do Pass, Debate
9/4/2014 Passed

View Attachments
FileTypeSizeDescription
140718.pdf Authenticated 144K Authenticated
140718 Fiscal Note.pdf Fiscal Note 240K Fiscal Note
140718 Fact Sheet.pdf Fact Sheet 353K Fact Sheet

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ORDINANCE NO. 140718

 

Authorizing a License Agreement with ExteNet, Inc., to install and maintain a wireless digitial data communications; and estimating revenue in the amount of $5,400.00 in the Pole Attachment Fees account.

 

WHEREAS, ExteNet is the holder of a certificate of service authority from the 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, ExteNet proposes to locate, place, attach, install, operate and maintain ExteNet’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 Kanas City Power & Light (KCP&L) and AT&T pursuant to ExteNet’s separate locate agreements with said utility companies; and

 

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

 

WHEREAS, the City is willing, to grant ExteNet a non-exclusive, revocable license under which the City will issue permits authorizing ExteNet to enter upon the City’s right-of-way to locate, place, attach, install, operate, maintain, remove, reattach, reinstall, relocate and replace ExteNet’s communications equipment attachments, and for the placement or installation of ExteNet’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 ExteNet 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 ExteNet, Inc., 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 eight years, with two possible additional terms of five years each. 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