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HomeMy WebLinkAboutMINUTES-07/25/2000-AdjournedJuly 25, 2000 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Adjourned Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, July 25, 2000, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Bertschy, Kastein, Martinez, Mason and Weitkunat. Councilmembers Absent: Byrne and Wanner. Staff Members Present: Fischbach, Harris, Roy. Resolution 2000-97 Concerning Approval of a Revocable Permit Agreement Between the City and McLeodUSA Telecommunication Services, Inc. Relating to the Installation of a Fiber Optic Cable in Certain City Streets and Rights -of -Way. Adopted The following is staff's memorandum on this item. "Executive Summary McLeod USA Telecommunication Services, Inc. ("McLeod USA") is a telecommunications carrier that provides telecommunication services throughout the State of Colorado and is currently constructing a fiber optic telecommunications system in the State. City staff and McLeod USA have negotiated a proposed Revocable Permit Agreement, which is attached as Exhibit 'B" to the Resolution (the "Agreement"), that would grant to McLeod USA a revocable permit, as provided in Section 10 of Article XI of the City Charter. The revocable permit would authorize McLeod USA to install and maintain underground a fiber optic cable within certain City streets and rights -of -way (as shown on the map attached as Exhibit "A" to the Resolution). (The City Council granted McLeod USA a similar revocable permit on August 17, 1999, in Resolution 99-106, butfor different streets and rights -of -way.) Under the Agreement, McLeod USA will pay the City a $250 annual administration fee for the revocable permit. It will also be required to obtain from the City all excavation permits and to pay all fees that are required under the City Code and the City's Street Standards when excavating in City streets and rights -of -way. Further, McLeod USA will be obligated to pay the City's telephone occupation tax as this tax is currently being assessed to US West and other telecommunication carriers. However, McLeod USA will not be paying, at least for now, any compensation to the City for use of the City's streets and rights -of -way. It is currently an unsettled question of law whether home rule cities, such as Fort Collins, can impose a fee or charge upon telecommunication carriers in consideration for their use of municipal streets and rights -of -way. This unsettled question of law exists because of a State statute that currently prohibits all municipalities from imposing such a fee or charge on telecommunications carriers (C.R.S. Section 38-5.5-107). Consequenth, the Agreement provides that if the courts or subsequent legislation resolve this unsettled question of law in favor of home rule cities imposing such a fee or charge, McLeod USA agrees to begin negotiations with the City to establish the fee or charge that will be required to be paid under the Agreement. It should also be noted that the Agreement is limited in its scope. McLeod USA is only seeking to install its fiber optic cable in a specific route as part of McLeod USA's fiber optic backbone loop for the entire front range, but intends in the future to provide service off of this backbone to customers throughout the City. Before McLeod USA can use streets and rights -of -way throughout the City to expand its services, it will be necessaryfor McLeod USA to enter into another agreement with the City in the form of either a franchise or another revocable permit. In the near future, McLeod USA and City staff will be meeting to discuss and negotiate this agreement. If such an agreement is successfully negotiated, it will have to be approved by the City Council before going into effect. " Information Technology Director Gary Gordier gave a brief staff presentation on this item. Councilmember Mason made a motion, seconded by Councilmember Kastein, to adopt Resolution 2000-97. The vote was as follows: Yeas: Councilmembers Bertschy, Kastein, Martinez, Mason and Weitkunat. THE MOTION CARRIED. Executive Session Authorized Councilmember Mason made a motion, seconded by Councilmember Betschy to adjourn into Executive Session for the purpose of discussing possible land acquisition. Yeas: Councilmembers Bertschy, Kastein, Martinez, Mason and Weitkunat. THE MOTION CARRIED. The meeting adjourned at 6:40 p.m. ATTEST: 1 Adjournment UR Mayor Prn T,