Title
An Ordinance approving the award of an agreement for the lease of city fiber optic strands between the City of Lee's Summit and the Lee's Summit R7 School District and authorizing the Mayor to execute an agreement for the same. (F&BC 2/3/25)
Body
Issue/Request:
An Ordinance approving the award of an Agreement for the Lease of City Fiber Optic Strands between the City of Lee's Summit and the Lee's Summit R7 School District and Authorizing the Mayor to execute an agreement for the same.
Key Issues:
A. The District owns, operates and maintains a fiber network in the District's service area to provide network communications between its buildings. The District desires to establish new network connections within the City. In order to accomplish this, the District wishes to lease unused fiber optic strands from the City.
B. The City owns certain underground fiber optic cable, along with necessary handholes and manholes for access, located within the boundaries of the city of Lee's Summit consisting of as few as one and as many as two unused strands of fiber optic ("City Fiber").
C. The City desires to lease two unused fiber optic strands that run from Douglas and Tudor to the Lee's Summit Airport Hangar 2 shown in Exhibit A, including access rights to the handholes and manholes at Douglas and Tudor to the District for the use of the District's network.
D. The City also desires to permit the District to connect its fiber network in the handholes and manholes at Douglas and Tudor for its network purposes.
E. Political Subdivisions may enter into contracts for mutual benefit under Missouri law as provided for in Section 70.220, RSMo, provided such agreement is approved by a majority of the governing board of each political subdivision as required by Section 70.300, RSMo.
Proposed City Council Motion:
FIRST MOTION: I move for second reading of An Ordinance approving the award of an agreement for the lease of city fiber optic strands between the City of Lee's Summit and the Lee's Summit R7 School District and authorizing the Mayor to execute an agreement for the same.
SECOND MOTION: I move for adoption of An Ordinance approving the award of an agreement for the lease of city fiber optic strands between the City of Lee's Summit and the Lee's Summit R7 School District and authorizing the Mayor to execute an agreement for the same.
Background:
The City and the District desire to enter into an agreement to provide for the rights, duties and obligation of the Parties to lease fiber optic strands to establish network connections within the City for the District's use. The fiber lease will connect the Lee's Summit Airport Hangar 2 including access rights for the District's network use. Lease of Fiber Optic Strands; Connection, Access to Public Rights-of-Way.
A. Use of Propertv: The City hereby leases demises and sets off to the District, and the District hereby leases from the City, up to two fiber optic strands from the fiber optic cable depicted in Exhibit A, attached hereto and incorporated herein by this reference (hereinafter, the " Leased Fiber") for the District's use.
B. Access to Public Rights-of-Wav. Pursuant to this License which City hereby finds to be consistent with similarly situated users, City grants to the District to make reasonable and lawful use of the Public Rights-of Way within the City, to connect District Fiber to City Fiber in the Right-of-Way at the Northwest corner of Douglas and Tudor.
C. Connection: The District shall have the right, at its sole expense, to install such facilities necessary to connect its fiber optic network to the Leased Fiber, together with any other facilities necessary to support such connection for the District's use of the Leased Fiber (collectively, the "Connection Facilities"). The design, installation and connection of the Connection Facilities shall be in accordance with plans mutually agreed upon by the parties. Any work performed by the District on City property associated with the Connection Facilities will be coordinated with the City by prior notification to the liaisons designated, in writing, by the City.
D. Assignment and Subletting. The District shall not assign the lease rights granted by this agreement nor sublease, pledge or mortgage its interest in the Leased Fiber or any part thereof without the express, written consent of the City Council. The District shall do no act that would in any way encumber the City's title to the Leased Fiber nor permit them to become subject to a lien of any kind.
Impact/Analysis:
The City desires to lease two unused fiber optic strands that run from Douglas and Tudor to the Lee's Summit Airport Hangar 2 for the use of the District's network and use at Hangar 2.
Timeline:
The term of this Agreement and the term of the lease granted herein (the "Term") shall commence upon the Lee's Summit City Council's final approval of this Agreement (the "Effective Date") and shall be for three (3) years beginning on the Effective Date. This Agreement shall be automatically renewed for nine (9) additional terms (each a "Renewal Term") of three (3) years
Other Information/Unique Characteristics:
Consideration. Immediately upon connection of District Fiber to the City's Leased Fiber ("Connection Date"), the District shall pay to the City the first annual payment of $2400.00. The first annual will be prorated for loss of use from the Effective Date to the Connection Date. Future annual payments of $2400.00 will be due on the anniversary of the Effective Date. Should the City and the District desire to enter into a separate agreement the above lease payments may be waived by City Council in consideration of benefits received in that separate agreement.
Presenter
Diana L Newman, Director of Information Technology
Recommendation
Recommendation: Staff recommends the approval of An Ordinance approving the award of an agreement for the lease of city fiber optic strands between the City of Lee's Summit and the Lee's Summit R7 School District and authorizing the Mayor to execute an agreement for the same.
Committee Recommendation
Committee Recommendation: A motion was made by Councilmember Rader, seconded by Mayor Pro Tem Lopez, that Bill No. 25-039 be recommended for approval to the City Council. The motion carried by a unanimous 3-0 vote.