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HomeMy WebLinkAboutRES 017 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 17 0:! RESOLUTION AUTHORIZING THE ACCEPTANCE OF FUNDS FROM T-MOBILE WIRELESS SERVICES, INC., PURSUANT TO ARTICLE XIII, SECTION 13-12, HAWAII COUNTY CHARTER, FOR THE PAYMENT OF THE COSTS OF CONSTRUCTION OF A REPLACEMENT RADIO SYSTEM FOR THE HAWAII COUNTY POLICE DEPARTMENT WHEREAS, T-MOBILE (hereinafter "TM") is licensed by the Federal Communications Commission (hereinafter "FCC") to construct and operate one or more systems (collectively, the "TM System") to provide broadband Personal Communications Services under Part 24 of the FCC rules (hereinafter "PCS") on the PCS frequencies in the Hilo, Hawaii Basic Trading Area (C-190) (the "BTA"); and WHEREAS, The County of Hawaii (hereinafter "County") holds Fixed Mixed Microwave Services licenses, issued by the FCC, for three (3) 2 GHz Microwave Paths located, in whole or in part, in the 2 GHz Band and specifically described as Affected Paths as follows: CALL SIGNS FREQUENCIES MHZ Site Name Path No.1 WNEV467 1935 KAMEHAMEHA PK WHK400 1855 KAHUA RANCH Path No. 2 WBM601 1935 OHIA MILL WBX326 1855 CAPT COOK SUB Path No. 3 WBX322 1895 KULANI WBX323 1945 NAALEHU PASTURE Path No. 4 WBX323 1935 SOUTH POINT WBX325 1855 NAALEHU PASTURE Path No. 5 WNEV465 1865 HAMAKUA P.S. W NEV466 1945 I OLEHAEHAE WHEREAS, the County operates a microwave communications system on the Affected Paths utilizing 2 GHz microwave equipment (hereinafter the "Microwave Facilities"), which facilities operate within the coordination distance specified by the FCC with respect to the TM System in the BTA; and WHEREAS, TM has determined that the Microwave Facilities may cause interference to the TM System in the BTA and therefore desires the County voluntarily and permanently cancel, delete, discontinue, decommission, surrender and terminate its licenses and operating authority therefore in order to cease using and terminate its right to use such Affected Paths, in whole or in part, in accordance with FCC procedures; and WHEREAS, TM has agreed to pay the County the amount of one million, sixty-four thousand, three-hundred thirty-two and 16/100 dollars ($1,064,332.16) to reimburse the County for the costs of construction of the Replacement System; and WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter requires a Council approval for the acceptance of gifts of donations of money, securities or other personal property or of real estate or any interest in real estate. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the amount of one million, sixty-four thousand, three-hundred thirty-two and 16/100 dollars ($1,064,332.16) shall be received from TM for the specific purpose of meeting the cost to the County for the construction of the police radio Replacement System. BE IT FURTHER RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor, the Finance and Police Departments, and T- Mobile. Datod at xilo ,Hawaii, this 23rd day of January , 2003. INTRODUCED BY: COUNCIL MBMBBR, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii ARAKAKI I hereby certify that the foregoing RESOLUTION was by the cxuNG X vote indicated to the right hereof adopted by the COUNCIL of ELAR10NOFF X the County of Hawaii on ~azLU~ rv 2 3 0 0 3 HOLSCHUH X ATTEST JACOBSON LEITHEAD-TODD REYNOLDS X r SAFARIK X TYLER X ~ ~ 9 0 0 0 n~ Reference C-29/FC/1~ill 13/FC-33 . COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO.