Legislation Details

File #: 18-1099    Version: 1
Type: Resolution Status: Passed
File created: 12/11/2018 In control: City Council
On agenda: 12/18/2018 Final action: 12/18/2018
Title: Adopt the resolution authorizing the City Manager to execute the Right-of-Way License Agreement with CenturyLink for placement of fiber and conduit in the City's Right-of-Way.
Attachments: 1. Resolution.pdf, 2. Level 3 executed - Naperville - License Agreement -11.27.2018.pdf

CITY COUNCIL AGENDA ITEM

 

ACTION REQUESTED:
title

Adopt the resolution authorizing the City Manager to execute the Right-of-Way License Agreement with CenturyLink for placement of fiber and conduit in the City’s Right-of-Way.

body

 

DEPARTMENT:                     Transportation, Engineering and Development

 

SUBMITTED BY:                     Tim Felstrup, Project Manager

                                 Jennifer Lutzke, Senior Assistant City Attorney

 

BOARD/COMMISSION REVIEW:
N/A

 

BACKGROUND:

CenturyLink has asked for the City of Naperville to approve a right-of-way use license to allow it to install fiber optics and conduit underground in the City’s’ right-of-way. The request is related to needs of certain businesses to connect to dedicated fiber-optic telecommunication lines for a variety of reasons including improved speed, global reach, and security. CenturyLink has submitted four applications to upgrade its fiber within the City’s right-of-way.

 

DISCUSSION:

The Naperville Municipal Code (9-1B) provides that a right-of-way use license is required whenever a company desires to locate non-cable or telephone telecommunications facilities in the City’s right-of-way. The Naperville Municipal Code requires a right-of-way use license agreement contain the following:

 

1.                     Five-year term with renewal and termination options;

2.                     Annual license fee of $1.50 per each linear foot of newly installed facilities or $.50 per linear foot for facilities located in existing excess or surplus facilities;

3.                     Obligation to cooperate with the City and move facilities if necessary;

4.                     Liability indemnification as well as insurance and construction/performance surety requirements.

 

CenturyLink has applied for a right-of-way use license. A review of their plans has been completed by appropriate City departments.

 

The following is a key summary of the proposed projects:

 

Project Location:

•                     Plans to install approximately 8,011 linear feet of fiber within existing conduit in the right-of-way across Shuman Boulevard at North Washington Street, along Washington Street from Shuman Boulevard to Diehl Road, and along Diehl Road from Washington Street to Naper Boulevard.

•                     144 strand fiber optic cable

•                     Approximately $4,005.50 to the City per year ($20,027.50 over five years).  The annual fee is $.50 per linear foot within existing conduit.

 

Project Location:

 

•                     Plans to install approximately 1,023 linear feet of conduit and fiber in the City’s right-of-way along Diehl Road from Bond Street to Route 59.

•                     48 strand fiber optic cable

•                     Approximately $1,534.50 to the City per year ($7,672.50 over five years). The annual fee is $1.50 per linear foot for newly installed facilities.

 

Project Location:

 

•                     Plans to install approximately 1,119 linear feet of conduit and fiber in the City’s right-of-way along Comfort Drive from Ferry Road to Westings Avenue and along Westings Avenue from Comfort Drive to 2056 Westings Avenue.

•                     48 strand fiber optic cable

•                     Approximately $1,678.50 to the City per year ($8,392.50 over five years).  The annual fee is $1.50 per linear foot for newly installed facilities.

 

Project Location:

 

•                     Plans to install approximately 160 linear feet of conduit and fiber in the City’s right-of-way across Washington Street from Shuman Boulevard to 535 East Diehl Road.

•                     48 strand fiber optic cable

•                     Approximately $240.00 to the City per year ($1,200.00 over five years).  The annual fee is $1.50 per linear foot for newly installed facilities.

 

A copy of the right-of-way use license is appended for consideration.

 

 

FISCAL IMPACT:

An annual increase of $7,458.50 in licensing fees.