| ITEM #: 8. DATE: 03/03/2025 AI #:2491 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | APPROVAL OF A LICENSE AGREEMENT WITH CABLEVISION LIGHTPATH LLC FOR THE INSTALLATION OF A FIBER OPTIC NETWORK WITHIN THE CITY’S RIGHTS-OF-WAY |
| STAFF PRESENTER(S): | Philip Cochran, Assistant City Attorney |
SUMMARY
The license agreement is a five-year license which grants Cablevision Lightpath LLC (Lightpath) the ability to install, operate, and maintain a fiber optic communication system within rights-of-way located within the City of Goodyear. The license agreement includes the option for three additional five-year renewal terms.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
ADOPT RESOLUTION NO. 2025-2453 AUTHORIZING THE CITY MANAGER AND OR THEIR DESIGNEE TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF GOODYEAR AND CABLEVISION LIGHTPATH LLC, A DELAWARE LIMITED LIABILITY COMPANY PROVIDING FOR THE CITY MANAGER AND OR THEIR DESIGNEE TO EXECUTE AMENDMENTS TO THE LICENSE AGREEMENT ASSOCIATED WITH MINOR SCRIVENER ERRORS AND TO ENTER INTO SEPARATE AGREEMENTS FOR IN-KIND EXCHANGES WHICH MAY INCLUDE FIBER AND OR CONDUIT FOR THE CITY’S EXCLUSIVE USE. (Philip Cochran, Assistant City Attorney)
FISCAL IMPACT
Under the license agreement, Lightpath must pay a $2,500.00 application fee to install a fiber optic network within the City of Goodyear. Each subsequent five-year renewal term requires an extension application fee of $2,500.00. Lightpath is responsible for all costs related to the construction, installation, operation, and maintenance of the fiber network within the right-of-way. Additionally, Lightpath must pay all applicable city fees for plan reviews, permit issuance, and inspections of its work within the right-of-way.
Following the installation of the fiber optic network, Lightpath is required to pay an annual fee of $0.89 per linear foot of trench within the right-of-way where it installs copper, fiber optic, or other cable conductors and/or conduit. The total payment to the city, based on the linear feet of trench, shall not exceed five percent of Lightpath’s gross revenues attributed to the fiber optic network within the city’s right-of-way. Additionally, Lightpath must pay an annual fee of $1,000.00 to cover the city's administration and monitoring costs. The issuance of the license agreement does not require any city expenditures.
Following the installation of the fiber optic network, Lightpath is required to pay an annual fee of $0.89 per linear foot of trench within the right-of-way where it installs copper, fiber optic, or other cable conductors and/or conduit. The total payment to the city, based on the linear feet of trench, shall not exceed five percent of Lightpath’s gross revenues attributed to the fiber optic network within the city’s right-of-way. Additionally, Lightpath must pay an annual fee of $1,000.00 to cover the city's administration and monitoring costs. The issuance of the license agreement does not require any city expenditures.
BACKGROUND AND PREVIOUS ACTIONS
Lightpath is seeking a fiber license agreement from the city of Goodyear to install, operate, and maintain a fiber optic network within the city's rights-of-way. The planned connection locations are distributed throughout the city limits. This would be Lightpath’s first license agreement with the city.
STAFF ANALYSIS
Lightpath is requesting a fiber license agreement from Goodyear to install, operate and maintain a fiber optic network within the city’s rights-of-way. The locations planned for connections are throughout the city limits of Goodyear. The license will grant access to the necessary rights-of-way to enable the required permitting and inspections for installation, operation and maintenance of the network. Lightpath must obtain all necessary permits through the city’s standard procedures.
The license has an initial five-year term, with the option for three additional five-year renewals. It is a non-exclusive agreement, allowing the city to grant licenses to other users within the right-of-way, including additional fiber optic network providers.
The license allows the city to enter into a separate agreement for in-kind contributions of fiber and or conduit for the city’s exclusive use. The total costs of the fiber and/or conduit will be borne by Lightpath and the city will credit those expenses towards the annual fee associated with the amount of trench in the right-of-way. This option allows the city to have access to fiber optic cable and/or conduit that can be utilized for city facilities and departments without any expenditure of funds from the city. Resolution 2025-2453 with exhibit A is included as attachment A.
The license has an initial five-year term, with the option for three additional five-year renewals. It is a non-exclusive agreement, allowing the city to grant licenses to other users within the right-of-way, including additional fiber optic network providers.
The license allows the city to enter into a separate agreement for in-kind contributions of fiber and or conduit for the city’s exclusive use. The total costs of the fiber and/or conduit will be borne by Lightpath and the city will credit those expenses towards the annual fee associated with the amount of trench in the right-of-way. This option allows the city to have access to fiber optic cable and/or conduit that can be utilized for city facilities and departments without any expenditure of funds from the city. Resolution 2025-2453 with exhibit A is included as attachment A.