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6.4 Fiber Optic Cable License AgreementCITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 4/12/2010 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 6 AGENDA: DEVELOPMENT SERVICES PLANNING ITEM NO. 4 BY: BY: Dean Andrew Page 1 ITEM:Resolution No. 10-6721 License agreement between the City of Salina and Salina Region al Health Center to allow the installation of a private fiber optic cable across the public right-of-way of Santa Fe Avenue to provide additional fiber optic connectivity between the main hospital and the Santa Fe Medical Plaza at 501 South Santa Fe. BACKGROUND : The Salina Regional Health Center constructed the Santa Fe Medical Plaza at 501 South Santa Fe in 1994 to provide additional medical office space in close proximity to the main hospital facility at 401 South Santa Fe. A license agreement was approved at the time of building construction to allow conduit and fiber optic cable to be placed under the Santa Fe Avenue right-of-way to provide data and telephone connectivity between the two buildings. The purpose of this license agreement request is to allow additional fiber optic cable to be installed from an entry drive / parking ar ea landscape island on property owned by Salina Regional Health Center at 400 South Santa Fe to a north landscape island at the Santa Fe Medical Plaza at 501 South Santa Fe. The right-of-way crossing for this c onnection would be underneath Santa Fe Avenue at a location south of the current license agreement area beneath Sant a Fe Avenue where cable is currently serving the two faciliti es. This new agreement is needed to provide additional data and telephone capacity between the facilities. The current license agreement area is filled, including spare conduits previously routed in the initial license agreement area. SRHC ha s placed more hospital services and departments within this facility, creating a demand for additional connectivity to the main facility. While it is not ideal to place private fiber optic cable in the public right-of-way, Santa Fe Avenue bisects the Salina Regional Health Center campus and the overhead pedestrian walkway over Santa Fe is an example of another hospital improvement constructed under a license agreement. Staff has contacted the other public and franchise utilities that utilize the public right-of-way and they do not have any objections to the pl acement or proposed location of the fiber optic line under Santa Fe as proposed. The Salina Regional Health Center’s use of the right-of-way would be subordinate to the use by public (water and sewer) and franchise (Westar, Kansas Gas and AT&T) utilities. The Salina Regional Health Center has hired Mid-Kansas Underground to do the boring and install the new conduit and fiber optic cable which would be approximately 175 ft. in length. The attached license agreement has been developed to authorize the Salina Regional Health Center to install what will be a privately owned and maintained fiber optic line across the public right-of-way for Santa Fe Avenue which is usually reserved for public and franchise utilities. This type of license agreement requires the owners of the line to acknowle dge that there are certain risks and liabilities associated with the installation of private improvem ents in public street right-of-ways. The agreement outlines the responsibilities of the owner of the line and their successors for maintenance of the line and the possible need to remove or relocate the cable or hold the City and franchise utilities harmless should the fiber optic line be found to conflict with the existence or ongoing maintenance of public or franchise CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 4/12/2010 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 6 AGENDA: DEVELOPMENT SERVICES PLANNING ITEM NO. 4 BY: BY: Dean Andrew Page 2 utility lines located within the Santa Fe Avenue right-of-way. COMFORMANCE WITH STRATEGIC PLAN: Approval of this agreement would be consistent with Goal #3 and #6 which state: “The City will provide the highest quality of services, consistent with governing body direction available resources and staff commitment to quality.” “The City will work to make Salina a city that has connectivity physically and socially.” FISCAL NOTE: The cost of installation of the conduit and cable under South Santa Fe will be paid for by the Salina Regional Health Center. There s hould be no fiscal impact on the City. The health cent er will have maintenance responsibility of the line from the hospital to the Santa Fe Medical Plaza. RECOMMENDED ACTION: It is recommended that the City Commission approve Resolution No. 10- authorizing the Mayor to sign a license agreement with Salina Regional Health Center authorizing conduit and a private fiber optic cable to be placed in the South Santa Fe right-of-way. Enclosures: Application License Agreement Exhibits Resolution No. 10-6721 cc: Jack Hinnenkamp, Salina Regional Health Center