Title
An Ordinance amending Chapter 26, Streets, Sidewalks and Other Public Places, of the City Code of the City of Lee’s Summit, Missouri, to provide consistent management of the Rights-of-Way with respect to small wireless facilities.
(NOTE: First Reading by City Council on December 4, 2018.)
Body
Issue/Request:
Consideration and adoption of An Ordinance Amending Chapter 26, Streets, Sidewalks and Other Public Places, of the City Code of the City of Lee’s Summit, Missouri, to provide consistent management of the rights-of-way with respect to small wireless facilities.
Key Issues:
· The City owns rights-of-ways and is responsible for the management and care of this finite resource. Chapter 26 of the City Code pertains to the City right-of-way management.
· The State’s Uniform Small Wireless Facility Deployment Act, which takes effect January 1, 2019, and Order 18-133, issued by the Federal Communications Commission and effective January 11, 2019, preempts much of the City's authority to regulate the rights-of-way and use of City infrastructure in the rights-of-way with regard to small wireless facilities.
· The proposed Ordinance amends Chapter 26 of the City Code to bring the City into compliance the changes to state and federal law, while preserving its authority under the law to regulate the rights-of-way with regard to small wireless facilities and receive compensation for use of City property by wireless providers by creating standard terms and conditions for the deployment of small wireless facilities.
Proposed City Council Motions:
SECOND MOTION:
I move for adoption of an Ordinance Amending Chapter 26, Streets, Sidewalks and Other Public Places, of the City Code of the City of Lee’s Summit, Missouri, to provide consistent management of the rights-of-way with respect to small wireless facilities.
Background:
From the beginning of statehood, cities have “owned” the rights-of-way (ROW) and had the non-delegable duty to maintain them in a saf...
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