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City Clerk's Office Item # R5
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: January 13, 2025
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Andrew Hayes, Public Works Director
SUBJECT: AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN
THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION,
AND FALCON BROADBAND, LLC., A COLORADO LIMITED LIABILITY
COMPANY DBA, STRATUS IQ
SUMMARY:
The Ordinance will approve a license agreement with Falcon Broadband, LLC., a
Colorado Limited Liability Company, dba Stratus IQ which grants it a nonexclusive
license to place telecommunications cable and ancillary facilities within the streets and
right of ways of the City of Pueblo in order that the company may operate within the
City of Pueblo as a telecommunications or broadband provider. The license agreement
streets and right of ways for the benefit of the public without discrimination between
telecommunications and broadband providers.
PREVIOUS COUNCIL ACTION:
The City of Pueblo has previously approved identical or substantially similar license
agreements with other qualifying telecommunication and broadband providers in the
past.
BACKGROUND:
As a qualified broadband or telecommunications service provider, Falcon Broadband,
LLC. dba Stratus IQ, has requested a license from the City of Pueblo for installation of a
fiber network within the City of Pueblo.
FINANCIAL IMPLICATIONS:
Falcon Broadband, LLC., and its customers will pay the City of Pueblo applicable sales
and use tax fees, E911 fees, and occupation taxes.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
Pursuant to federal and state law, the City of Pueblo is prohibited from discriminating
among or granting preferences to competing telecommunication providers in the
issuance of licenses and from creating or erecting any unreasonable requirements for
limited to proposing amendments to the proposed license agreement that are
consistent with the foregoing limitations.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. License Agreement StratusIQ - City of of Pueblo
ORDINANCE NO. 10881
AN ORDINANCE APPROVING A LICENSE AGREEMENT
BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION, AND FALCON BROADBAND, LLC., A
COLORADO LIMITED LIABILITY COMPANY DBA, STRATUS IQ
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The License Agreement between the City of Pueblo, a Colorado Municipal Corporation
and Falcon Broadband, LLC., a Colorado Limited Liability Company, dba Stratus IQ, a copy of
which is attached hereto, having been approved as to form by the City of Pueblo Attorney, is
hereby approved.
SECTION 2.
The Mayor is authorized to execute and deliver the License Agreement in the name of
the City of Pueblo, and the City Clerk is directed to affix the seal of the City thereto and attest
same.
SECTION 3.
The officers of the City are authorized to perform any and all acts consistent with this
Ordinance and the attached Agreement to implement the policies and procedures 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 December 23, 2024.
Final adoption of Ordinance by City Council on January 13, 2025.
____________________________
President of City Council
Action by the Mayor:
Approved on _______________.
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 _____________
____________________________
President of City Council
ATTEST
________________________________
City Clerk