HomeMy WebLinkAbout1998-03-10 - ORDINANCES - DIGITAL RADIO FRANCHISE (2)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 ear h day of March , 1998.
ATTEST:
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SANTA CLARITA
ss.
—' I, Sharon Dawson , City Clerk of the City of Santa Clarita, do hereby
certify that the foregoing Ordinance No. 98-2 was regularly introduced and
placed upon its first reading at a regular meeting of the City Council on the 1 n * h
day of M a r r h , 1998. That thereafter, said Ordinance was duly adopted and
passed at a regular meeting of the City Council on the24-- day of Marrh, 1998, by
the following roll -call vote, to wit:
AYES: COUNCIL MEMBERS: Kl.ajic, Darcy,Smyth, Boyer
NOES: COUNCIL MEMBERS: Heid t
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS
& \TECHSVCS \COUNCIL \ORD -MET. DOC -8/:L99
None
CITY CLERK