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