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City Clerk's Office Item # R8
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: July 28, 2025
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Lori Pinz, Director Information Technology
SUBJECT: AN ORDINANCE APPROVING AMENDMENT NO. 1 TO THE
REVOCABLE PERMIT FOR PRIVATE NETWORK, MASTER FIBER IRU
CONVEYANCE, AND CONDUIT SHARING AGREEMENT BETWEEN
THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION,
AND SECOM, INC., A COLORADO CORPORATION, AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
SUMMARY:
This Ordinance approves Amendment No. 1 to the Revocable Permit related to the
Private Network, Master Fiber IRU Conveyance, and Conduit Sharing Agreement
SECOM, on February 9, 2009. Amendment No. 1 amends Sections 8,13, 15 and 16 of
Article I, Article XI, and Section 1 of Article XII extending the term and use of a portion
private fiber network.
PREVIOUS COUNCIL ACTION:
By Ordinance No. 11525, approved on February 9, 2009.
BACKGROUND:
SECOM began installing network facilities within the City's rights of way in 2009. The
initial agreement between SECOM and the City provided a 20-year revocable permit for
the use of public rights of way, while granting the City the right to use 12 fiber strands
on SECOM's private fiber network along a designated route, free of charge, for the
duration of the permit. Amendment No. 1 extends the agreement to January 1, 2049,
expands the City's use of the conveyed fiber strands to include Walkingstick Tower and
the new Fire Station #8 on Jerry Murphy Road, and grants future use of 4 strands of
City-owned fiber and/or conduit within a specified downtown area to SECOM.
Additionally, during the construction of Fire Station #8, it was discovered that SECOM's
aerial fiber line obstructed the driveway of the new station. This amendment includes an
agreement between SECOM and the City's Information Technology Department to
share the costs of undergrounding and extending the use of 4 strands of fiber granted
under the original agreement. This partnership saved the City approximately $450,000
by avoiding the need to install its own infrastructure to the facilities.
FINANCIAL IMPLICATIONS:
There will be a one-time charge of approximately $13,500 for the undergrounding of the
existing SECOM fiber line. There are no additional ongoing costs related to Amendment
1.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
The City Council could decide not to support this amendment, and the city will have to
fund the fiber-optic infrastructure build-out costs to bring network connectivity to the
Walkingstick Tower and Fire Station #8 at an estimated cost of $450,000. This would
delay the opening of Fire Station #8 and impact on the State Digital Trunk radio system
for public safety communications.
RECOMMENDATION:
Approval of the Ordinance
ATTACHMENTS:
1. AMENDMENT NO. 1 TO REVOCABLE PERMIT FOR PRIVATE NETWORK
MASTER FIBER IRU CONVEYANCE AND CONDUIT SH - SECOM Signed
ORDINANCE NO.10999
AN ORDINANCE APPROVING AMENDMENT NO. 1 TO THE
REVOCABLE PERMIT FOR PRIVATE NETWORK, MASTER
FIBER IRU CONVEYANCE, AND CONDUIT SHARING
AGREEMENT BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION, AND SECOM, INC.,
A COLORADO CORPORATION, AND AUTHORIZING THE
MAYOR TO EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Amendment No. 1 to the Revocable Permit for Private Network, Master Fiber IRU
Conveyance, and Conduit Sharing
Pueblo, a Colorado Municipal Corporation, and SECOM, Inc., a Colorado Corporation, 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 Amendment No. 1 for and on behalf of
the City, and the City Clerk is authorized to affix the seal of the City thereto and attest same.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts consistent
with this Ordinance and the attached Amendment No. 1 to implement the policies and
procedures described therein.
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 July 14, 2025.
Final adoption of Ordinance by City Council on July 28, 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