NOTICE IS HEREBY GIVEN pursuant to Sections 163 and 164 of the Kentucky Constitution that the City Council of the City of Villa Hills, Kentucky (“City”), will consider offers for sale to the highest and best bidder, plus all costs including advertising cost, a telecommunications facilities franchise (non-cable services) as defined in Ordinance 2020-8 adopted by the City Council on April 15, 2020 (the “Ordinance”).
The franchise shall be non-exclusive and shall allow the franchisee to acquire, lay, maintain and operate in the public streets, avenues, alleys and other public ways of the City (the “Franchise Area”), a system of any of the following: wireless antennas, fiber optic cables, wires, conduits, ducts, poles, pedestals, communications and signal lines and equipment, fixtures, appliances, appurtenances and facilities for the transmission, distribution and sale of telecommunications services, which services include competitive local exchange, voice and data communications services, wireless services, cell site front-haul and back-haul, and private line services and other purposes. This franchise does not include multi-channel television cable services. The franchise shall be for a term of 10 years and shall be effective the 1st of the month following its award.
As compensation for the franchise granted, the franchisee shall pay the City an annual PROW use fee in an amount up to $4,225 per wireless antenna located in the public-rights-of-way with the amount to be determined by Council by Resolution and/or Franchise Agreement with the Grantee. The PROW fee shall also include a fee up to $0.90 per linear foot of cable, fiber, conduit or wire occupying the Right-of-Way by Grantee, and/or Grantee’s agents, contractors, and assigns. In the event that the Grantee, its agent or contractor, constructs any pole or other facility, or structure, including towers on the Right-of Way, then the PROW fee shall include $500.00 for each such pole, facility or tower. Additionally the PROW fee shall include, if applicable, $5.00 per square foot of space in the Right-of-Way that the Grantee’s facilities and related equipment occupies other than those already referenced in this paragraph.
Grantee’s first minimum Annual PROW Use Fee of $15,000 (increasing by $1,000 each year thereafter) payable under this ordinance shall be paid to the City within forty-five (45) days of the execution of the franchise agreement. Such payment shall be prorated for the remainder of the calendar year (rounded to the nearest month) through December 31. Thereafter Grantee shall pay each Minimum Annual PROW Use Fee on or Before April 15th, and Grantee’s Minimum Annual PROW Use Fee paid to the City will be credited towards Grantee’s PROW Use Fees for that calendar year.
All persons desiring to submit a bid for a franchise to provide such services may do so at any time by submitting a written notice of their intent to do so and a request for bid documents including the terms and conditions applicable to such a franchise on or before 4:00 p.m. May 15, 2020 to either:
City of Villa Hills
Attn: City Administrator
719 Rogers Road
Villa Hills, Kentucky 41017 or [email protected]
The submission of bids for a telecommunications services (non-cable) franchise will require compliance with all City procurement laws, regulations, ordinances and procedures.
The City of Villa Hills reserves the right to accept any bid, to reject any and all bids, to waive any irregularities or informailities in awarding the franchise, and to accept what, in its opinion, is the lowest, responsive, responsible and best bid which is in the best interest of, and most advantageous to, the City and its citizens.