File #: 23-0706    Name: Right-of-Way Ordinance Amendment
Type: Ordinance Status: Consent Item
In control: City Council Regular Meeting
On agenda: 9/5/2023 Final action:
Title: Consider/Discuss/Act on an Ordinance of the City Council of the City of McKinney Amending the Code of Ordinances of the City through the Amendment of Article IV, "Rights-of-Way Use and Management," of Chapter 90, "Streets and Sidewalks," by Amending Section 90-242, "Construction Permit Procedures," by Adding a New Subsection (g) Relative to the Reimbursement of Costs Associated With the Permitting Process; Repealing Conflicting Ordinances; Providing a Savings Clause; Providing a Severability Clause; Providing for a Penalty; Providing for Publication of the Caption of This Ordinance; and Providing an Effective Date
Attachments: 1. Ordinance
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Title

Consider/Discuss/Act on an Ordinance of the City Council of the City of McKinney Amending the Code of Ordinances of the City through the Amendment of Article IV, “Rights-of-Way Use and Management,” of Chapter 90, “Streets and Sidewalks,” by Amending Section 90-242, “Construction Permit Procedures,” by Adding a New Subsection (g) Relative to the Reimbursement of Costs Associated With the Permitting Process; Repealing Conflicting Ordinances; Providing a Savings Clause; Providing a Severability Clause; Providing for a Penalty; Providing for Publication of the Caption of This Ordinance; and Providing an Effective Date

 

Summary

 

COUNCIL GOAL:                     Operational Excellence

 

MEETING DATE:                     September 5, 2023

 

DEPARTMENT:                      City Manager’s Office & Public Works Department

 

CONTACT:                       Trevor Minyard, Director of Strategic Services & Ryan Gillingham, Public Works Director

 

 

RECOMMENDED CITY COUNCIL ACTION:                     

                     Approval of Ordinance.

 

ITEM SUMMARY: 

                     The presented ordinance amendment would allow for the city to seek qualified reimbursements for work associated with SiFi Network, LLC.

                     City staff in the City Manager’s Office, Public Works Department, and the City Attorney’s office have developed the appropriate amending language to accomplish the intent of the fiber development program reimbursement.

                     It is anticipated that reimbursement requests, and corresponding payments, will be monthly (no less frequent than quarterly) once the associated work begins.

 

BACKGROUND INFORMATION: 

                     The City Council approved a resolution at the February 7th, 2023 regular meeting that authorized the city manager to enter into a nonexclusive license agreement with SiFi Networks McKinney, LLC to deliver on the four recommendations of the Broadband Assessment Report and Recommendations adopted by the city council February 15th, 2022.

                     The City Council approved a resolution at the August 16th, 2022 regular meeting that allowed for the city to begin negotiations with SiFi Networks McKinney, LLC, and subsequently extended the period in December for an additional 60 days. Staff has utilized the negotiation period to develop the proposed license agreement on the February 7th, 2023 regular agenda.

                     The Broadband Assessment Report and Recommendations, completed in partnership with HR Green, Inc., provided recommendations and summarized the current condition of broadband access in the City of McKinney. Specifically, the plan recommends,

o                     Community infrastructure base: Work with the provider community to develop a tech base that moves towards a FTTP model.

o                     City facilities: Expand the current, city owned fiber ring to City facilities that could benefit from connectivity but have not had fiber deployed to them.

o                     City economic development: In addition to having excellent connectivity that could come from Recommendation 1, the McKinney Economic Development Corporation (MEDC) could initiate pilot projects to enhance certain properties and attract certain businesses or business types.

o                     Adoption: There are people and groups in McKinney who might have access to broadband, but because of financial reasons, language barriers, age related challenges, etc. are not able to adopt (or purchase) broadband services.

 

FINANCIAL SUMMARY: 

                     Ordinance update would allow for the reimbursement of direct and indirect costs associated with the development contemplated in the February 7th action.

 

BOARD OR COMMISSION RECOMMENDATION:

                     N/A