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CITY COMMISSION AGENDA ITEM |
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Department: |
City Attorney’s Office |
Commission Meeting Date: March 19, 2019 |
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Staff Contact: |
Randall F. Larkin, Deputy City Attorney |
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Recommendations/Options/Action Requested: |
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Authorize the City Manager to provide written consent to an assignment from RG Fiber, LLC, to Kansas Fiber Network, LLC, of Addendum 1 to the Memorandum of Understanding between the City and RG Fiber, LLC, dated August 3, 2015, if appropriate. |
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Executive Summary: |
On August 3, 2015, the City entered into a Memorandum of Understanding (“MOU”) with RG Fiber, LLC (“RG”), governing the rights and obligations of the parties regarding RG’s use of the City’s Rights of Way for providing a fiber optic cable network within the City. Section 17(a) provides that the City must consent in writing to any assignment of the MOU or any addendum thereto, which consent may not be unreasonable withheld.
On August 3, 2015, the City also entered into a First Addendum to MOU with RG, whereby RG was permitted to route fiber optic cable through east Lawrence that connected to a City conduit that ran from O’Connell Road to Baldwin City. Along the route, RG connected a number of City buildings to the City fiber network that the City could not reach without great expense. In exchange for that and four strands of fiber optic cable, RG was also permitted to locate 24 strands of fiber optic cable in the City’s conduit mentioned above. The four strands are used by the City to connect the Fire and Medical Station in Baldwin City to the City network. The deal was of great benefit to the City.
On March 1, 2019, RG and Kansas Fiber Network, LLC (“KFN”), made a joint written request to the City, asking the City, under Section 17(a) of the MOU, to consent to an assignment of Addendum 1 (and only Addendum 1) to the MOU from RG to KFN. KFN would control the route and the fiber subject to the City’s rights and the City’s continued use of four fibers that connect the City fiber optic network to Baldwin City. It should be noted that the City has an existing MOU with KFN.
Because the City’s rights under the Addendum will be preserved and because the City has a pre-existing agreement with KFN, Staff recommends that the Governing Body authorize the City Manager to give written consent, authorizing the assignment of Addendum 1 to the MOU between the City and RG from RG to KFN. |
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Strategic Plan Critical Success Factor |
Innovative Infrastructure and Asset Management Core Services |
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Fiscal Impact (Amount/Source): |
There is no fiscal impact to the City. |
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Attachments: |
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(for CMO use only) |
☒TM ☐DS ☐CT ☐BM |