File #: 13-1272    Name: Interlocal with FISD
Type: Resolution Status: Approved
In control: City Council Regular Meeting
On agenda: 12/17/2013 Final action: 12/17/2013
Title: Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute an Interlocal Agreement with Frisco Independent School District regarding a Wide Area Fiber Optic Network
Attachments: 1. Resolution, 2. FISD-McKinney Map
Title
Consider/Discuss/Act on a Resolution Authorizing the City Manager to Execute an Interlocal Agreement with Frisco Independent School District regarding a Wide Area Fiber Optic Network
Summary
 
MEETING DATE:      December 17, 2013
 
DEPARTMENT:       Public Works
 
CONTACT:        Park Sparkman, Interim Public Works Director
      Jason Gray, City Manager
 
RECOMMENDED CITY COUNCIL ACTION:      
·      Approval of the Resolution
 
ITEM SUMMARY:  
·      This Resolution authorizes the City Manager to enter into an Interlocal Agreement with Frisco Independent School District (MISD) to install an underground Wide Area Fiber Optic Network ("WAN") in City medians, parkways and right-of-way for governmental use.
 
BACKGROUND INFORMATION:  
·      This agreement will grant permission to FISD to use City rights-of-way to construct the WAN for the purposes discussed herein.
·      The permission to FISD to be present in medians and parkways granted by the City pursuant to this Agreement shall be subject to the City's governmental power regulating the uses of streets, rights-of-way and easements, and shall be subordinate to the City's use of rights-of-way, streets and easements for roadways, electrical transmission, water and sewer service, telephone service, gas service, and cable television transmission lines.  City agrees that the permission shall continue for the duration of this Agreement.
·      The WAN shall be constructed only in street medians or parkways.  Parkways is defined as the public property between the paved roadway and the right-of-way line.     WAN facilities shall not be placed in the City's streets or alleys. Open cut trenching in streets is expressly prohibited unless it occurs in street medians or parkways. Where street crossings are required, FISD shall be allowed to bore crossings under City streets only if proper permits from City are secured.
·      This Agreement shall continue in force and effect for fifty (50) years from the Effective Date or for the duration of the WAN's viability for its intended purpose, whichever is greater. In the event Texas Government Code, Section 791.011(f) requires an annual renewal of this Agreement, the Parties shall be deemed to have elected to renew the Agreement annually on the anniversary date of this Agreement unless termination is decided.  
 
FINANCIAL SUMMARY:  
·      No financial impact to City of McKinney
 
BOARD OR COMMISSION RECOMMENDATION:
·      N/A