HomeMy WebLinkAbout5.D.1. Agreement with ISD 720 for Locating Fiber Line on City Park Land
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CITY OF SHAKOPEE
MEMORANDUM coru~p~~T
To: Mayor and City Council " . '!11~tj'~:. '.
Mark McNeill, City Administrator
From: Mark Themig, Parks, Recreation, and Facilities Director
Meeting Date: February 20, 2007
Subject: Agreement with ISO 720 for Locating Fiber Line on City Park Land
INTRODUCTION
This agenda item requests Council's authorization for appropriate city officials to enter into
agreement with ISO 720 for locating a fiber optic line on city park land.
DISCUSSION
As part of the new high school's construction, ISO 720 needed to run a new fiber optic line
to the facility to connect it to the I-NET. This line would be owned by the School District
and maintained as a private line.
During installation of the cable, I received a call from the contractor indicating that due to
the alignment of 1 ih Avenue there was not enough right-of-way and no drainage and
utility easement in the vicinity of the future Providence PointelWestchester park area to
install the cable. The contactor asked if the cable could be placed just outside of the
sidewalk, which would be on city property. Apparently the cable had already been
installed and the contractor was just notified of the issue.
I reviewed the site and contacted Engineering to discuss this request. Engineering
confirmed that the city did not require the standard 10' drainage and utility easement
along 1 ih Avenue in this location due to the fact that the city owns the land. They also
were not opposed to the fiber being installed in this area. I also followed up with Ms.
Weber to determine whether or not the fiber would be an issue with developing the park.
Her response was that no, it should not interfere.
Based on this information, I communicated the contractor's request to Superintendent
McBroom, and notified him that staff was comfortable with the cable on city-owned land,
provided there was an agreement that identified long-term responsibilities. Michael Leek
developed the attached agreement, which has been reviewed by the City Attorney.
VISIONING RELATIONSHIP
F. Housekeeping
REQUESTED ACTION
If City Council concurs, move to authorize appropriate city officials to enter into agreement
with ISO 720 for locating a fiber optic line on city park land.
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AGREEMENT BETWEEN THE CITY OF SHAKO PEE (THE CITY)
AND INDEPENDENT SCHOOL DISTRICT 720
FOR INSTALLATION OF FIBER OPTIC CABLE IN PROVIDENCE
POINTEIWESTCHESTER PARK
RECITALS
WHEREAS, Independent School District 720 (ISD 720) desires to connect the high
school located at 100 1 ih Avenue West to the fiber optic network that provides
connections to its other facilities; and
WHEREAS, the fiber optic connection as designed would traverse the northerly
boundary of Providence Pointe/Westchester Park, a neighborhood park owned by the
City of Shakopee; and
WHEREAS, the City of Shakopee has determined that it is in the public interest to allow
the installation of the aforementioned fiber optic line in Providence Pointe/Westchester
Park; and
WHEREAS, ISD 720 is willing to accept all the risks and liabilities said fiber optic line
being located on City of Shakopee-owned land.
NOW, THEREFORE, the City And ISD 720 agree as follows:
1. ISD 720 shall be allowed to construct said fiber optic line in Providence
Pointe/Westchester Park. The line shall run as close as possible to the 17th Avenue
right-of-way property line. Attachment A depicts the approximate location ofthe
fiber line installation.
2. That, prior to installation, plans for the fiber optic line shall be reviewed and
approved by the City's Public Works Director and/or Parks, Recreation and
Facilities Director.
3. That as soon as practicable, ISD 720 shall restore the grade and ground cover over
the fiber optic line.
4. That ISD 720 will hold the City harmless from any costs for maintenance, repair,
or relocation of the fiber optic line.
5. ISD 720 will provide the City's engineering department with as built drawings of
the installed fiber optic line.
Independent School District 720
By: Date
Kathy Busch, Chair
Date
Jon McBroom, Superintendent
City of Shakopee
By: Date
John J. Schmitt, Mayor
Date
Mark McNeill, City Administrator
Date
Judith Cox, City Clerk