HomeMy WebLinkAbout1998-03-24 - AGENDA REPORTS - WIRELESS INTERNET SYSTEM (2)AGENDA REPORT
City Manager Appro
Item to be presented
UNFINISHED BUSINESS
DATE: March 24, 1998
SUBJECT: WIRELESS INTERNET COMMUNICATION SYSTEM
DEPARTMENT: Administrative Services
RECOMMENDED ACTION
Adopt Ordinance No. 98-2.
BACKGROUND
The City Council conducted a Public Hearing on Ordinance 98-2 at its meeting of March 10, 1998.
The Council waived further reading of the Ordinance and passed it to a second reading.
Metricom, Inc. has filed an application with the City of Santa Clarita to provide wireless data
service in Santa Clarita via a system called Ricochet. This service would enable computer users
to send and receive e-mail and faxes, access the Internet and World Wide Web sites, and Local
Area Networks and Intranets all through wireless modems.
ALTERNATIVE ACTIONS
Other action as determined by Council.
FISCAL IMPACT
There is no cost to the City as this is a revenue -generating program that provides expanding
wireless opportunities to the citizens of Santa Clarita. Under the proposed Metricom Franchise
Agreement, the City would receive 5% of Metricom's gross revenues generated, which is expected
to be between $15,000 to $25,000.
ATTACHMENTS
Ordinance #98-2 concerning "Wireless Internet Communication System"
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ORDINANCE NO. 98-2
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
GRANTING TO METRICOM, INC. A
NONEXCLUSIVE FRANCHISE TO ATTACH,
INSTALL, OPERATE, AND MAINTAIN A WIRELESS
DIGITAL COMMUNICATIONS RADIO NETWORK IN,
ON, OVER, UPON, ALONG, AND ACROSS THE
PUBLIC RIGHT OF WAY IN THE CITY OF SANTA
CLARITA, CALIFORNIA, AND PRESCRIBING
CERTAIN RIGHTS, DUTIES, TERMS, AND
CONDITIONS IN RESPECT THERETO
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA ("CITY") DOES
ORDAIN AS FOLLOWS:
SECTION 1. RECITALS.
The City Council finds, determines and declares as follows:
The California Constitution Article 11, § 9, and Article 12, § 8, provides that
local governments may by ordinance grant franchises for communication equipment
to be placed within the public right-of-way;
Metricom, Inc. ("Metricom"), applied to the City for a nonexclusive franchise
for the attachment, installation, operation, and maintenance of a wireless digital
communications radio network in, on, upon, along, and across certain public right-of-
way and easements within the City in accordance with the Municipal Code of the
City of Santa Clarita;
The proposed service allows computer users to obtain wireless access to
communications networks such as the Internet and other local area and wide area
networks;
The proposed digital radio communications network is comprised of a limited
number of small radio transmitters to be installed on existing structures
intermittently throughout the City;
Establishing franchise regulations for the placement of Metricom's wireless
digital communications radio network within the public right-of-way of the City will
benefits the public by providing a new type of communication network that is needed
by residents and businesses, and by generating revenue for the City to defray costs
required to maintain the existing right-of-way;
ORDINANCE 98-2
March 10, 1998 - Page 2
The City does not anticipate a proliferation of such networks or devices in the
public right-of-way, and Metricom's Ricochet Service is not presently the functional
equivalent of any other wireless service;
It is desirable for the welfare of the City that such a nonexclusive radio
network franchise be issued to Metricom, Inc., by enactment of an ordinance; and
The City and Metricom negotiated the terms of a franchise, which are set
forth in that certain "Attachment and Permit Agreement" on file with the City Clerk
and incorporated herein by this reference. (This agreement is hereinafter referred to
as the "Franchise Agreement.")
SECTION 2. FRANCHISE GRANT.
The provisions of the Franchise Agreement between the City of Santa Clarita
and Metricom, Inc. is hereby enacted as the above -referenced ordinance. This
Franchise shall not become effective until written acceptance thereof is filed by
Metricom with the City Clerk. By accepting this Franchise, Metricom covenants and
agrees to perform and be bound by each and all of the terms and conditions imposed
by the City's Municipal Code and this Franchise. Such acceptance by Metricom
must occur within ninety (90) days of the enactment of this Franchise by ordinance
or else the Franchise is void.
SECTION 3. CONDITIONS.
Metricom shall reimburse the City of the City's reasonable administrative
expenses, including legal fees incurred in order to process Metricom's application.
Metricom shall not at any time contest any term or condition of the Franchise
Agreement. Metricom shall comply with any changes to the City's Municipal Code
as they occur; provided, however, that such changes shall not materially alter
Metricom s rights and obligations under the Franchise.
SECTION 4. ACCEPTANCE.
The granting of the franchise by this ordinance is conditioned upon written
acceptance by Metricom of the terms and conditions of this Ordinance, and the
Franchise shall be void unless such acceptance occurs within ninety (90) days of the
enactment of this Ordinance.
ORDINANCE 98-2
March 10, 1998 - Page 3
SECTION 5. The City Clerk shall certify to the adoption of this Ordinance
and shall cause the same to be published in the manner as required by law.
APPROVED AND ADOPTED this day of
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
om
I, City Clerk of the City of Santa Clarita, do hereby
certify that the foregoing Ordinance No. was regularly introduced and
placed upon its first reading at a regular meeting of the City Council on the
day of 1998. That thereafter, said Ordinance was duly adopted and
passed at a regular meeting of the City Council on the _ day of .1998, by
the following roll -call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
CITY CLERK
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