Number
010956
Version
SUBSTITUTE 1
Reference
Sponsor
Alderman Michael S. D'Amato, Alderman Michael J. Murphy, Alderman Donald F. Richards, Alderman Fredrick G. Gordon
Title
Substitute resolution authorizing and directing the proper City officers to execute an agreement between the City of Milwaukee and CityNet to permit CityNet to make use of portions of the City's existing sewer system for the purpose of installing dark fiber.
Analysis
This substitute resolution authorizes the City's entry into an Access and License Agreement ("Agreement") with CityNet Telecommunications, Inc. ("CityNet"). Pursuant to the Common Council's directive in Resolution File No. 001849, adopted October 18, 2001, the Department of Administration – Information and Technology Management Division, the Department of Public Works – Infrastructure Services Division and the City Attorney's Office negotiated this Agreement with CityNet. Under the terms of the Agreement, CityNet will be given access to a portion of the City's sewer system for the purpose of installing, maintaining, operating and licensing to third parties the use of dark (unlit) fiber optic network that CityNet will construct in the City's sewer system. The term of the Agreement is for twenty-four years and the benefits that the City will derive from the Agreement include: (1) a greater broad band availability and competition in the City; (2) two dedicated fiber pairs to connect City facilities along the CityNet fiber optic network; (3) 2.5% of CityNet's gross revenue derived from CityNet sales to third party users of the system with a $50,000 front end payment to be paid within 180 days of the signing of the Agreement; (4) CityNet sewer inspection where the fiber is installed; (5) periodic CityNet sewer cleaning where the fiber is installed; and (6) sewer improvements and repair by CityNet per the terms of the Agreement. Also included in the Agreement is a provision establishing a spending goal of 18% for disadvantage business enterprises for the construction, operation, and maintenance of the Network.
Body
Whereas, The City's ("Licensor") Common Council via Common Council Resolution File No.001849 adopted October 18, 2001, has resolved that the appropriate officials in Licensor's Department of Administration – Information & Technology Management Division, the Department of Public Works – Infrastructure Services Division, and City Attorney's Office are authorized and directed to negotiate with firms interested in making use of the City's existing infrastructure for the purpose of providing broad band access to areas within the City of Milwaukee; and
Whereas, Licensor has received a request to use its infrastructure for the purpose of providing broad band access to areas within the City of Milwaukee as approved by the Commissioner of Public Works from CityNet ("Licensee"), specifically Licensee has requested that Licensor grant the Licensee access to and a license to use, the sewer system (including sanitary, storm and combined sewers or combination thereof) or such portion(s) thereof chosen by the Licensee from time to time in conjunction with the approval of Licensor (the "System"), for the purpose of installing, maintaining, operating and licensing to third parties for a fee, the use of dark (unlit) fiber network and related facilities and equipment, or such portion thereof chosen by Licensee from time to time in conjunction with the approval from Licensor, in the System; now, there fore, be it
Resolved, By the Common Council of the City of Milwaukee, that the Access and License Agreement between the City of Milwaukee and CityNet Telecommunications, Inc. attached to this file is hereby approved and the proper City officers are hereby authorized and directed to execute the Agreement.
Requestor
Department of Public Works
Infrastructure Services Division
Drafter
Environmental Engineering Section
FPC/ah
April 3, 2002