ORDINANCE NO. 160271

Estimating revenue in the amount of $150,000.00 in the Capital Improvements Fund and approving an agreement with Unite Private Networks, LLC, for use and installation of a fiber network in the City and the dedication of fiber lines to the City in exchange for the issuance of permits at no fee and access to City conduit.

WHEREAS, Unite Private Networks, LLC (“Unite”) desires to use City right-of-ways and conduit to install a fiber network in the City; and

            WHEREAS, Unite will provide payments and services totaling $650,000.00 to upgrade existing City fiber network switches; and

            WHEREAS, Unite will provide an additional payment of $150,000.00 to be used by the City to assess future needs of a fiber network needs and value of the existing conduit system; and

            WHEREAS, the City will receive access to 12 dedicated fiber strands in existing Unite systems located within City; and

            WHEREAS, the City will also receive access to 72 dedicated fiber stands in locations of new Unite installations within the City; and

            WHEREAS, the benefits received by the City through this agreement far exceed the immediate receipt of permit fees; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That revenue in the following account is hereby estimated in the following amount:

16-3090-897731-481000 Misc Contributions $150,000.00

Section 2.  That the Public Works Director is authorized to execute an agreement with Unite Private Networks, LLC in a form substantially as shown in Exhibit A.

            Section 3.  That notwithstanding any other provision of law, and in consideration of the receipt of payments and services valued in excess of the payments of permit fees, fees for conduit access associated with this project are waived.

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I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

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Randall J. Landes

Director of Finance

Approved as to form and legality:

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Nelson V. Munoz

Assistant City Attorney