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:
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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 ...

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