Ordinance 2711CITY OF ALAMEDA ORDINANCE NO.
New Series
2711
AUTHORI ZING CITY MANAGER TO EXECUTE A
NON-EXCLUSIVE EASEMENT AGREEMENT WITH METRICOM, INC.
FOR SPACE ON CITY LIGHT STANDARDS
BE IT ORDAINED by the Counci 1 of the City of Alamedathat:
WHEREAS effective June 21, 1994, the Federal
Communications Commiss ion (" FCC"issued to Metricom Inc.
nontransferable Grants of Equipment Authorization, FCC Identifier
GNW21000 , File No , File No. 31010jEQU 4-3-2 (the "FCC Equipment
Grants ), for certain micro cellular date network radios and other
related equipment making it possible for Metricom , Inc. to utilize
a spread spectrum , asynchronous frequency hopping technology to
transmi t data on randomly selected channels throughout the
unlicensed 902-928 Mhz band of the radio spectrum; and
WHEREAS , the FCC Equipment Grants enable Metricom, Inc.to provide certain wireless data communications services (the
Services ); and
WHEREAS , Metricom , Inc. desires to provide its Services
in the City of Alameda , and in order to do so , desires to mount
install, operate , repair , maintain , reattach , relocate , and replace
certain of its equipment throughout the City of Alameda on certain
street light poles , traff ic signal structures , and buildings owned
by the City of Alameda (the "Project"), all in accordance with the
terms provisions and conditions contained in the Easement
Agreement between the City of Alameda and Metr icom , Inc., a copy
which is on file in the Office of the City Clerk; and
WHEREAS , the city of Alameda desires to have the Services
provided by Metricom , Inc. available for use by the City of Alameda
and its citizens in accordance with the terms ' provisions and
conditions contained in this Agreement; and
WHEREAS the City of Alameda and Metr icom Inc.understand and agree that use of the City I S faci li ties andj right-of-way for the above stated purposes would constitute privilege not authorized or allowed absent this Agreement and
easement , and that this Agreement sets the conditions and terms of
the easement so issued.
NOW , THEREFORE , BE IT ORDAINED by the Council of the City
of Alameda that:
Section The City Council of the City of Alameda
hereby approves and authorizes the City Manager to execute the Non-Exclusi ve Easement Agreement between the City of Alameda and
Metricom , Inc., in the form substantially similar to the proposed
Agreement on file in the Off ice of the City Clerk.
section This ordinance shall be in full force and
effect from and after the expiration of thirty (30) days from thedate of its f ina 1 passage.
Presldlng 0 lC r t e Cl y CounCl
Attest:
'rr1td
1, :1 i(
ty Clerk
I, the undersigned , hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by the Council of the City
Alameda in regular meeting assembled on the 7th day of,
November , 1995 by the following vote to wit:
AYES:COl1ncilmembers Arnerich, DeWitt , Lucas,
Manni'x and i?.reSldent P1?ezzato .. 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and aff ixed the
official seal of said City this 8th day of November , 1995.
J I
-( . '/
Dia e B . Felsch , City Clerkci ty of Alameda