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City Clerk's Office Item # S4
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: April 13, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Clyde Bishop, 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 FORGED FIBER 37, LLC, A DELAWARE LIMITED LIABILITY
COMPANY
SUMMARY:
The Ordinance will approve a License Agreement with Forged Fiber 37, LLC, a Delaware
Limited Liability Company, 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
wholesale fiber transport connectivity services provider. The License Agreement
streets and rights of way for the benefit of the public without discrimination among
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:
Forged Fiber 37, LLC, builds, owns, operates, and maintains a fiber-based, wholesale
open access fiber network platform, and to provide reliable, future-proof fiber that
empowers millions. As a qualified telecommunications services provider, Forged Fiber
37, LLC, has requested a license from the City of Pueblo for installation of
telecommunications infrastructure within the City of Pueblo.
FINANCIAL IMPLICATIONS:
Forged Fiber 37, LLC, and its customers will pay the City of Pueblo applicable sales and
use tax fees, E911 fees, and occupation taxes in accordance with the City's ordinances.
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
entry
proposing amendments to the proposed license agreement that are consistent with the
foregoing limitations.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Pueblo CO - FF37 License Agreement - FINAL
ORDINANCE NO. 11143
AN ORDINANCE APPROVING A LICENSE AGREEMENT
BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION AND FORGED FIBER 37, LLC, A DELAWARE
LIMITED LIABILITY COMPANY
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 Forged Fiber 37, LLC, a Delaware Limited Liability Company, 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 and staff of the City are authorized to perform any and all acts consistent with
this Ordinance and the attached License Agreement 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 March 23, 2026.
Final adoption of Ordinance by City Council on April 13, 2026.
____________________________
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