HomeMy WebLinkAbout~Master - Supporting Court Proceedings to Protect a City's Right to Maintain the Use and Control of Rights of Way RESOLUTION NO. 99-57
RESOLUTION SUPPORTING COURT PROCEEDINGS
TO PROTECT A CITY'S RIGHT TO MAINTAIN THE USE
AND CONTROL OF RIGHTS OF WAY
FOR THE CITY OF AMES,IOWA
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 regulation of the rights-of-way is nondiscriminatory; and,
WHEREAS, the Iowa State Supreme Court has established the "Rule of 1897" 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, U. S. 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 U. S.West's perpetual franchise rights ("Rule of 1897"); and,
WHEREAS,in order to best meet the needs of citizens to receive telecommunication 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,
WHEREAS,the Iowa League of Cities has established a fund for the purpose of supporting a court action
to protect the rights of Iowa cities in their rights-of-way; and,
WHEREAS,the City of Ames agrees that it supports such court action and will provide funding for the
proceeding.
NOW THEREFORE,be it resolved that the City of Ames agrees that it supports such court action and
will pay the sum of$2,435 as its per capita share of the cost of the proceeding.
BE IT FURTHER RESOLVED that the City of Ames hereby authorizes the Iowa League of Cities to
retain counsel and to coordinate and otherwise manage the litigation.
ADOPTED THIS 23rd day of February, 1999.
C----� )R
Diane R. Voss, City Clerk Ted Tedesco, Mayor
Introduced by: Wirth
Seconded by: Cross
Voting aye: Campbell, Cross,Hoffinan, Parks, Quirmbach,Wirth
Voting nay: None Absent: None
Resolution declared adopted and signed by the Mayor this 23rd day of February, 1999.