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HomeMy WebLinkAbout10572ORDINANCE NO. 10572 AN ORDINANCE APPROVING A LICENSE FOR COMMUNICATION LINE, TELEVISION CABLE, AND/OR FIBER OPTIC LINE ACROSS OR ALONG RAILWAY PROPERTY BETWEEN THE CITY OF PUEBLO AND BNSF RAILWAY COMPANY, A DELAWARE CORPORATION, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, City desires to utilize and install a fiber-pathway, by installing three (3) conduits, together with all conductors and their supporting or containing structures, across the BNSF rail corridor at or near the station of Pueblo, County of Pueblo, State of Colorado, Line Segment 7357, Mile Post 117.17; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The License for Communication Line, Television Cable, and/or Fiber Optic Line Across or Along Railway Property License (“License”) between the City of Pueblo, a Colorado Municipal Corporation, and BNSF Railway Company, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute said Agreement for and on behalf of the City, where the Mayor may execute the Agreement by electronic signature and such electronic signature shall be attributable to the Mayor and the City of Pueblo. SECTION 3. The officers and staff of the City are authorized to perform all acts consistent with the intent of this Ordinance to implement the transaction described herein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on October 10, 2023. Final adoption of Ordinance by City Council on October 23, 2023. ____________________________ President of City Council Action by the Mayor: ☒ Approved on October 25, 2023 . ☐ Disapproved on ______________ based on the following objections: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of ____________, on _____________ ☐ Council action on _______ failed to override the Mayor’s veto. ____________________________ President of City Council ATTEST ________________________________ City Clerk City Clerk's Office Item # R3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: October 23, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Lori Pinz, Director Information Technology SUBJECT: AN ORDINANCE APPROVING A LICENSE FOR COMMUNICATION LINE, TELEVISION CABLE, AND/OR FIBER OPTIC LINE ACROSS OR ALONG RAILWAY PROPERTY BETWEEN THE CITY OF PUEBLO AND BNSF RAILWAY COMPANY, A DELAWARE CORPORATION, AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Ordinance approves the attached License for Communication Line, Television Cable, and/or Fiber Optic Line across or along railway property between the City of Pueblo and BNSF Railway Company, a Delaware Corporation. PREVIOUS COUNCIL ACTION: City Council previously passed Resolution 15168 on March 13, 2023, authorizing six hundred thousand dollars ($600,000) from Project CI2113 – American Rescue Plan Act for the purposes of constructing broadband infrastructure. BACKGROUND: The City is building a new fire station on the west side of Pueblo on W. 24th Street. Pueblo County (“County”) is building a new county jail near W. 24th Street on the west side of Pueblo Blvd. The City and County are cooperating to install fiber-optic infrastructure to both facilities to connect the technological resources necessary to support the operations required by each agency. The build-out of this infrastructure requires a directional-bore under BNSF railroad tracks installing three (3) conduits, together with all conductors and their supporting or containing structures, across the BNSF rail corridor at or near the station of Pueblo, County of Pueblo, State of Colorado, Line Segment 7357, Mile Post 117.17. BNSF Railway requires a railroad permit, in the amount of $25,000, to be approved prior to the city installing the conduit and fiber-optic cables under their rails. The funding for this project was approved via Resolution 15168. FINANCIAL IMPLICATIONS: There are no additional costs to the City with respect to this Ordinance. There is a one- time cost of twenty-five thousand dollars ($25,000) in licensing and permitting fees which are payable to BNSF Railway Company. These licensing and permitting fees were contemplated and accounted for within the amount approved under Resolution 15168. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: If City Council does not approve this Ordinance, the City of Pueblo and Pueblo County will not be able to install the fiber-optic cable required to connect the technological resources of each entity to the network resources needed to conduct their daily business operations. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. 23w-17124 Permit