HomeMy WebLinkAbout30-00 Ordinance AMENDED RECORD OF ORDINANCES
De on Le al Blank Co. Form No 43
Ordinance No ...........................30-0.0...(Amended) Passed
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO ENTER INTO A LEA5E AGREEMENT WITH
DUBLINK DEVELOPMENT, L.L.C. FOR THE BURIAL OF
CERTAIN CABLE T.V. AND TELECOMMUNICATIONS UTILITIES
WHEREAS, it is consistent with the goals of the City of Dublin to pursue the burial of overhead
utility lines where ever economically feasible; and
WHEREAS, the City of Dublin has appropriated certain dollars in its 2000 CIP budget for the
purpose of burying utilities as opportunities arise; and
WHEREAS, the City of Dublin has enacted legislation, now referred to as Chapter 98 of the Codified
Ordinances of the City of Dublin, for the purpose of effectively managing the City's right of ways, and
WHEREAS, the City of Dublin has entered into a Franchise Agreement with the Dublink
Development, L.L.C. for the purpose of minimizing the impact on the public right of ways by
providing a system of conduits throughout the Dublink Area, and
WHEREAS, the City of Dublin is in the process of improving certain right of ways, namely Rings
Road and State Route 161Bridge Street, and
WHEREAS, the City of Dublin desires to achieve the burial of certain Cable TV and/or
telecommunications utilities along these right of ways using available Dublink conduit.
N~ HEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio,
of the elected members concurring that:
Section 1. The City Manager is hereby authorized to enter into a Lease Agreement with Dublink
Development, L.L.C. for the purpose of burying certain existing overhead Cable TV and
telecommunications utilities in its underground conduit.
Section 2. That Council authorizes the lease of this conduit with Dublink Development, L.L.C. at a
price not to exceed Q''.'''' ~°~'~~'°~r f""', THOSE previously determined by its Franchise Agreement
AND THEREBY RECOGNIZING DUBLINK DEVELOPMENT, L.L.C. AS "SOLE SOURCE" DUE TO ITS
FRANCHISE AGREEMENT AND CHAPTER 98 OF THE CODIFIED ORDINANCES OF THE CITY OF DUBLIN.
Section 3. The City Manager is hereby authorized to enter into a Sublease Agreement with those
Cable TV and telecommunication utilities who agree to locate their facilities in the designated Dublink ,
conduit.
Section 4. The City Manager is directed to structure Sublease Agreements with any Cable TV and/or
telecommunication utilities in such a way as to first achieve utility burial and second to obtain a
sublease revenue in the form of dollars or trade for other conduit, where possible.
Section 5. This authorization is intended to achieve burial of existing overhead Cable TV and
telecommunication utilities as part of the current Rings Road and State Route 161Bridge Street
improvements, ly.
Passed this day of r , 2000
«
r -Presiding Officer
ATTEST:
(~C~ ~4~
Clerk of Council
I hrrehy certify that copies of this Ordinaslce~'Resolution ws~re poste in the
City of Dvhtin in actnrdnf~ce tiv;th Season 731.15 of the ;~';}o Revised Code.
.~~~1Ll1.~_
UQ,p~; Clan! Cnur.il, D~.r'aEin. Oi~co
Department of Service
6351 Shier-Rings Road • Dublin, Ohio 43016-1243
CITY OF DUBLIN Phone: 614-761-6570 Fax: 614-761-6512 Memo
To: All Members Dublin City Council
From: Timothy C. Hansley, City Manager
Initiated by: Dana L. McDaniel, Director of Service
Date: February 17, 2000
Re: Ordinance 30-00, Utility Burial
Staff recommends Council pass Ordinance 30-00, authorizing the City Manager to enter into a Lease
Agreement to achieve the burial of certain utilities. Opportunities to lessen the amount of overhead cable
TV and telecommunications utilities exist as part of the improvements to Rings Road and State Route
161 (SR 161)Bridge Street.
Rims Road
1. Time Warner has significant plant along this route. Time Warner's position has been that they have
legal rights, due to their franchise agreement, to not have to go underground. They were so certain
that they engaged a law firm out of Washington, DC to prepare an opinion and to posture against
burial of these lines. A great deal of pressure mounted regarding Time Warner's posturing and
potential delays in the road project. Therefore, staff negotiated a concept with Time Warner that if
they went under ground along Rings Road (6,400 feet of plant), the City would grant them access to
the conduit in Dublink in other areas. As a result, Time Warner has paid for their conduit in Dublink
along Rings Road. Incidentally, Time Warner had to do other underground work and upgrades to
their system at Rings and Frantz and at Rings and Blazer Parkway. These added expenses to Time
Warner are not considered in the 6,400 feet.
In anticipation of this, staff requested Dublink Development, LLC to install an additional 1 '/z"
conduit along Emerald Parkway south of Applied Innovations and along the new Woerner Temple,
adjacent to Emerald Parkway. Dublink Development, LLC agreed to do this at the incremental cost
of construction, $1.00 per linear foot. Staff recommends the City lease 6,400 feet of llh inch conduit
from Dublink Development, LLC in the areas proposed to Time Warner and allow Time Warner
access to it in exchange for their going into Dublink along Rings Road.
The cost of this conduit will be 6,400 feet @ $1.00/foot = $6,400. This cost will be charged against
the CIP's utility burial account. Staff feels this is soundly justified for the following reasons:
A. Given Time Warner's Franchise Agreement and right to operate, the City can justify funding
the burial of their utilities rather than allowing pole reattachment. This would be in keeping
with the intent of the funded utility burial dollars. The funding for such an exchange does not
require Council action, however, staff prefers Council's approval since lease agreements are
involved.
B. Purchase certain conduit in these areas in order to conserve City-owned conduit in Dublink
for other uses.
C. Legally, the City could have engaged in a battle with Time Warner over reattachment rights.
Paying them to locate under ground for this scenario, especially at the $1.00 per linear foot
rate, would be cheaper than legal costs to fight them and construction delays that may have
resulted.
2. As you know, we are currently in litigation with ICG regarding overhead lines along Rings
Road. ICG lines have been removed. At this time staff is not clear if burial of their utilities in
some cooperative fashion is feasible.
State Route 161Bridge Street
As you know, the SR 161Bridge Street improvements are moving forward at a quick pace and
under the State of Ohio's supervision and schedule. AEP has set back their overhead lines to allow
for the new road construction. On these poles are certain cable TV and telecommunication
companies. Ameritech is relocating their existing underground phone system and is allowing
Dublink to jointly build with them. Staff recommends that the City leverage its CIP utility burial
dollars to get as many of those cable TV and telecommunication companies currently overhead into
Dublink's underground conduits as soon as possible.
Staff further recommends that Council authorize the City Manager to negotiate utility burial in the
form of a Lease Agreement with Dublink Development, LLC and aSub-lease Agreement with
certain utilities to be buried for the following reasons:
A. The City will sub-lease the use of conduit but retains ultimate ownership.
B. The City will trade Dublink conduit for conduit owned by the utility company elsewhere in the
City (i.e., Time Warner desires to trade conduit under SR 161/Frantz Road intersection for
Dublink conduit along SR 161Bridge Street).
C. The City must use the Dublink conduit the same as others are required to do so in accordance
with Chapter 98 of the Codified Ordinances of the City of Dublin and the franchise agreement
with Dublink Development, LLC.
Future Policy Implication
Staff emphasizes that this is the first time, since Dublink has been constructed, that the City can
take advantage of it for the purposes of getting existing overhead lines underground. There may
be opportunities now along some of the City's more visible right of ways to lessen the amount of
lines on poles and therefore improving the appearance of these right of ways. Staff may in the near
future, present similar legislation to Ordinance 30-00 which will give the City Manager the ability
to pursue such opportunities along right of ways where relocation of existing overhead utilities into
Dublink is desired.
If you have any questions regarding staff's recommendations please contact Dana McDaniel at
work: 761-6570 or home: 717-0861.
Thank you.
TCH/tb
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