DATE: December 12, 2014
TO: Board of Mayor and Aldermen
FROM: Eric Stuckey, City Administrator
David Parker, City Engineer/CIP Executive
SUBJECT:
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Consideration of Right-of-Way Use Agreement (COF Contract No. 2014-0297) with Windstream KDL, Inc. (01/13/15 WS)
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Purpose
The purpose of this memo is to provide information to the Franklin Board of Mayor and Aldermen (BOMA) concerning a Right-of-Way Use Agreement with Windstream KDL, Inc. to allow for their telecommunications facilities with the City of Franklin's (City's) rights-of-way (ROW) and Public Utility Easements.
Background
Windstream KDL has recently purchased the telecommunications assets of a company that had installed some facilities with the City's ROW. This former company (Kentucky Data Link) had installed the facilities, but has not ever entered into a franchise or Right-of-Way Use Agreement with the City. Windstream has contacted us in order to follow appropriate regulations or codes as to their ability to use City ROW. Since Windstream is not going to have any direct retail or commercial customers within the City, using their facilities within the City for transmission (transport) only, and will be pursuing a State-wide franchise for being able to serve their customers within the State, a Right-of-Way Use Agreement is the appropriate instrument for their using City ROW.
Attached is COF Contract No. 2014-0297; Right-of-Way Use Agreement between the City and Windstream KDL, Inc., a corporation organized and existing under the laws of the State of Tennessee. This Agreement establishes the terms and conditions for Windstream's occupation and use of the City's ROW and Public Utility Easements.
Financial Impact
The financial impact of this Agreement is borne by Windstream KDL, Inc. insomuch as Windstream is obligated to pay fees based on an established Fee Schedule for doing construction within the City's ROW.
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