HomeMy WebLinkAbout1998-12-21-Resolutions 98-58_ROW Use Protection - SupportRESOLUTION NO.98-58
RESOLUTION SUPPORTING COURT PROCEEDINGS TO PROTECT A CITY'S
RIGHT TO MAINTAIN THE USE AND CONTROL OF RIGHTS-OF-WAY WITIDN ITS
CORPORATE LIMITS
WHEREAS,The Federal Telecommunications Act of 1996 ("the ACT")preserves the right of
municipalities to manage rights-of-way within their corporate limits and receive compensation for
use and management of the rights-of-way,so long as the regnlation of the rights-of-way is
nondiscriminatory;and
WHEREAS,The Iowa State Supreme COlUthas established the "Rule of 1987"whereby a phone
company ("1897 company"),including its successors,that was providing local phone service to a
community prior to October 1,1897,does not have to seek permission to use the rights-of-way
nor pay any fee for their use;and
WHEREAS,the 1998 legislature passed Senate File 2368:an act relating to the management of
public rights of way by local government units,eliminating the power of cities to grant franchises
to erect,maintain,and operate plants and systems for telecommunications services within the
city;and
WHEREAS,US West has filed suit against the City of Coralville which challenges the status of
Coralville's Right of Way Ordinance on the grounds that it violates the Federal
Telecommunications Act of 1996;that the requirements of the ordinance are preempted by state
law;and that the ordinance is inconsistent with US West's perpetual franchise rights ("Rule of
1897");and
WHEREAS,In order to best meet the needs of citizens to receive telecommuuication and other
essential services,it is necessary that cities be able to regulate the use of their rights of way and to
receive payment from the users of the rights-of-way for their use;and
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WHEREAS,The Iowa Leagne of Cities has established a fund for the purpose of supporting an
action to protect the rights of Iowa cities in their rights-of-way;and
WHEREAS,The City of Waukee agrees that it supports such court action and will provide
funding for the proceeding;
NOW THEREFORE,be it resolved that the City of Waukee agrees that it supports such court
action and will pay the sum of $340.00 as its per capita share of the cost of filing the initial
action.
BE IT FURTHER RESOLVED,that the City of Waukee hereby authorizes the Iowa Leagne of
Cities to retain counsel and to coordiuate and otherwise manage the litigation.
Approved and adopted this 21ST day of December.