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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania authorizing the use of County owed real property for the purpose of placing wireless antennae on County owned property for the purpose of constructing a countywide broadband interoperable wireless communications network.
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Whereas, Article IV, Section 2 (k) of the Allegheny County Home Rule Charter vests the County's Council with the power and duty by ordinance to permit the use of County land, buildings or other real or personal property owned by the County; and
Whereas, the County's Controller and the Department of Administrative Services are desirous of permitting a vendor to be determined by RFP to locate antennae on county buildings throughout the county for the purpose of promoting county programs to improve public safety, economic development, tourism and the protection of the environment; and
Whereas, a specific goal is the complete computer and radio interoperability across municipal and school district jurisdictions, community anchor institutions and critical community facilities; and
Whereas, the Council of Allegheny County is of the belief that the authorization of the above-described use of the County's real property will inure to the benefit of the citizens of the County by providing for the protection of the health, safety and welfare of the citizens of the County.
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Incorporation of Preamble.
The provisions set forth in the preamble to this Ordinance are incorporated by reference in their entirety herein.
Section 2. Authorization of Use of County-Owned Property.
County Council does hereby authorize and approve the installation and maintenance for wireless broadband antennae on County owned property throughout the County, as requested by the Controller and the Director of the Department of Administration for a County Wi-Fi system. The authorization granted herein applies only to properties to be selected by the Controller and Director of the Department of Administration from the list of County-owned properties attached to this Ordinance as Appendix A, and such authorization shall only apply to the extent that the placement of wireless communications hardware in no way impairs or alters the continuing use of County facilities for their current purposes and/or functions and has non polluting environmental impact. In the event that the Controller and Director of Administrative Services select a property located within a County Park, the approval of the Director of the County Parks Department shall also be required prior to the placement of any hardware pursuant to the terms of this Ordinance. Payment terms for the rental of any location(s) selected shall, at a minimum, include unlimited use by the County, its departments, agencies, and independently elected officials, of any wireless network created or served by any hardware installed on County owned property free of access fees, transaction fees, or any other charges, together with an agreed upon % of the selected vendor's gross receipts from any wireless network created or served by any hardware installed on County owned property, payable by the selected vendor to the County on a quarterly basis, for as long as the vendor maintains such wireless network(s). The vendor will own and maintain the network. County Council authorizes the Controller and the Director of the Department of Administration to take any and all actions, including, but not limited to, the execution of a license agreement, subject to approval by the County Manager and the County Solicitor, necessary to carry out the authorization of Council.
Section 3. Vendor Selection
A vendor shall be selected to construct and maintain the wireless broadband network contemplated by this Ordinance pursuant to an RFP issued by the Controller.
Section 4. Access to Vendor Records
The vendor selected pursuant to Section 3 shall, at any and all times during normal business hours, permit access to his or her financial records to the County Controller for the purpose of verifying gross receipts from any wireless network(s) from any wireless network created or served by any hardware installed on County-owned property pursuant to the authorization contained within this Ordinance.
Section 5. Severability. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
Section 6. Repealer. Any Resolution or Ordinance or any part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.
PRIMARY SPONSORS: CONTROLLER FLAHERTY and COUNCIL MEMBER FINNERTY
CO-SPONSORS: