CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Adopt the resolution authorizing the City Manager to execute the Right-of-Way License Agreement with MCImetro (Verizon) for placement of new fiber optic lines and conduit in the City's right-of-way and for maintenance of a previously installed fiber optic network purchased from WOW in 2017
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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:
MCImetro has asked for the City of Naperville to approve a right-of-way use license to allow it to install fiber optic lines and conduit underground in the City's' right-of-way. The request is related to needs of the company to expand their fiber optic telecommunication infrastructure to support the future installation of their small cell network equipment designed to improve cellular connectivity for their customers.
MCImetro has submitted four applications to install new fiber optic lines within the City's right-of-way. On December 14, 2017 MCImetro purchased a fiber optic network previously constructed within the City of Naperville right-of-way by WOW consisting of 118,432 linear feet of underground lines and 123,003 linear feet of overhead lines that is also included with this agreement.
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. Unless prohibited by preemptive law, an 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...
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