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    13.    
Business Meeting
Meeting Date: 12/09/2014 Length (in minutes): 15 Minutes
Agenda Title:    Establish a 10 year franchise agreement with Windstream Communications (d.b.a. McLeodUSA Telecommunications).
Prepared For: Kent Wyatt Submitted By: Kent Wyatt, City Management
Item Type: Motion Requested
Resolution
Meeting Type: Council Business Meeting - Main
Public Hearing
Newspaper Legal Ad Required?:
No
 
Public Hearing Publication
Date in Newspaper:

Information
ISSUE
Should the Council approve a resolution to enter into a 10-year non-exclusive utility franchise with Windstream Communications, Inc. (d.b.a. McLeodUSA Telecommunications Services L.L.C.). to operate a telecommunication system in Tigard?
STAFF RECOMMENDATION / ACTION REQUEST
Staff recommends approval of the attached resolution and utility franchise agreement and authorizing the Mayor to sign the agreement.
KEY FACTS AND INFORMATION SUMMARY
McLeodUSA Telecommunications Services, L.L.C. maintained a franchise agreement with the City of Tigard from August 2000 to August 2010. Despite the expiration of the agreement, McLeod has continued to make franchise payments. In FY 13-14, McLeodUSA paid $5,032 to the City. 

McLeodUSA, which is now owned an operated by Windstream Communications, L.L.C., expressed interest in signing a franchise agreement when the City was updating its records of telecommunications providers in May 2014. The attached franchise agreement is the Council's boilerplate form with no changes.

McLeodUSA has provided all the required documentation under the City's updated Franchise Utility Ordinance in Tigard Municipal Code (TMC) 15.06.
OTHER ALTERNATIVES
Do not approve the telecommunications franchise agreement. If Council does not approve the attached agreement, McLeodUSA's utility will be governed by the City's Franchised Utility Ordinance (TMC 15.06) and further staff direction on the negotiations of the franchise agreement would be needed.
COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS
  • TMC Chapter 15.06 "Franchised Utility Ordinance"
  • TMC Chapter 15.04 "Work In Right-of-Way"
DATES OF PREVIOUS CONSIDERATION
N/A

Fiscal Impact
Cost: N/A
Budgeted (yes or no): No
Where Budgeted (department/program): General Fund
Additional Fiscal Notes:
No additional revenue is expected from Windstream since they are already paying a franchise fee.
Attachments
Resolution No. 14-62

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