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.

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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.