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8.4 Agr Lic Cable in ROW CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/20/00 4:00 P.M. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. 8 AGENDA: CITY ATTORNEY ITEM 4 NO. BY: Greg Bengston BY~,(~ Item: Resolution No. 00-5579 authorizing the Mayor to execute two license agreements with Twin Valley Telephone Company, Inc. for use of the public right-of-way for the installation of fiber optic telecommunications cable. Backoround: Twin Valley Telephone Company, Inc., Miltonvale, Kansas has requested the right to install fiber optic telecommunications cable in two locations involving City controlled right-of-way. One location, identified as "1-135 and Water Well Road" involves the placement of two cables, each approximately 4,200 lineal feet in length, within the Water Well Road right-of-way and the South Ninth Street right-of-way. The other location involves the placement of one fiber optic telecommunications cable within the Crawford Street right-of-way and the Graves Boulevard right-of-way. In relation to the I-135 and Water Well Road installation, the only right-of-way involved that is currently under City control is an approximately 600 foot segment just east of I-135. The License Agreement has been drafted to extend to the current City controlled right-of-way and any affected right-of-way that may come under future City control. The agreement also makes clear that any relocation of the line required as a result of construction of the proposed 1-135/Water Well Road Interchange will be the responsibility of the Licensee. Each license agreement provides for one-time fees and charges, including an administrative fee of $500 and a right-of-way usage charge of $0.15 per lineal foot of cable. Attached is a copy of the proposed License Agreement for the 1-135 and Water Well Road installation. The proposed agreement for the Crawford Street and Graves Boulevard installation will be consistent in its terrms and will be available at the City Commission meeting. Legal counsel for Twin Valley is currently reviewing the proposed agreements. If he is unable to complete his review prior to Monday's meeting, it will be necessary to defer the matter until the March 27th agenda. Recommendation Adopt Resolution No. 00-5579.