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HomeMy WebLinkAbout10999 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