38-07 OrdinanceRECORD OF ORDINANCES
Dayton Legal lilac& In,
[mm No 10043
' Ordinance No. 38 -07 Passed 1 20
AN ORDINANCE AUTHORIZING THE EXECUTION OF THE
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
DUBLIN AND DUBLINK DEVELOPMENT COMPANY LLC,
INCREASING THE DUBLINK SERVICE AREA
WHEREAS, the City of Dublin has adopted certain telecommunication - related goals,
including compliance with the Telecommunications Act of 1996; facilitating the rapid
deployment of bandwidth and associated services /technologies; and enhancing economic
development; and
WHEREAS, the City of Dublin has determined that available bandwidth is a critical
infrastructure necessary to meet these goals; and
WHEREAS, the City of Dublin promotes the access to its bandwidth for institutional
use, point -to -point connectivity, dark fiber leasing, and for purposes that promote
economic development; and
WHEREAS, the City of Dublin exhibited foresight in the creation and deployment of the
Dublink system which has served as a means to help facilitate the orderly deployment of
competitive and institutional telecommunications services and fiber -based broadband;
and
WHEREAS, the City of Dublin has deployed City -owned fiber throughout its portion of
the Dublink system, resulting in efficient connectivity of its publicly owned
telecommunications system, and has leveraged the residual dark fiber/bandwidth as an
effective economic development tool; and
WHEREAS, the City of Dublin will be making significant infrastructure investments in
j the area generally north of Shier -Rings Road, south of State Route 161 /Post Road, east of
Houchard Road and west of Avery Road, commonly referred to as the Central Ohio
Innovation Center; and
WHEREAS, the City of Dublin desires to extend the Dublink service area in order to
include the Central Ohio Innovation Center; and
WHEREAS, it is necessary for the City of Dublin to modify its existing Agreement with
Dublink Development Company LLC in order to extend the service area.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, _ C_ of the elected members concurring, that:
Section 1 . The City Manager is hereby authorized to execute an Amendment to the
existing Agreement with Dublin Development Company LLC to extend the Dublink
service area as defined in the "Supplemental Exhibit A."
Section 2 . This Ordinance shall take effect and be in force on the earliest date permitted
by law.
Passed this 1 A day of ' 2007.
Mayor — Presiding Officer
ATTEST:
Clerk of Council
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1006
CrrY OF DUBLIN_ Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
TO: Members of City Council
FROM: Jane S. Brautigam, City Manager
DATE: May 31, 2007
Memo
INITATED BY: Dana L. McDaniel, Deputy City Manager /Director of Economic Development
RE: Ordinance 38 -07 —Amendment to the Dublink Agreement
BACKGROUND
Attached for your consideration is Ordinance 38 -07, authorizing the City Manager to execute an
amendment to the City's existing agreement with the Dublink Development Company LLC. An
agreement executed between the City and the Dublink Development Company LLC in 1998 authorized
the construction of a multi- conduit system located generally throughout Dublin's commercial area. This
agreement was executed on the heels of national legislation known as the Telecommunications Act of
1996. The City entered into this agreement in pursuit of certain telecommunication - related goals, such as
compliance with the Telecommunications Act 1996; facilitating the rapid deployment of bandwidth and
associated services /technologies; and enhancing economic development. Dublink has been a unique and
innovative means to coordinate and accommodate the competitive telecommunications industry in the
designated portions of Dublin, while also proactively protecting Dublin's infrastructure investment.
Since its inception and construction, Dublink has become a national model. Even today, the City
receives inquiries from all around the country about Dublink.
Council may also recall that in exchange for the Dublink Franchise, the Dublink Development Company
LLC agreed to give the City one conduit throughout the Dublink system. The City has since pulled fiber
optics through this City -owned conduit and has been able to use the fiber to interconnect public
facilities; provide point -to -point connectivity and dark fiber access to Dublin businesses; develop the
Central Ohio Research Network (CORN); and allow access to fiber enabling the deployment of Wifi.
This broadband asset continues to provide value for public use and economic development. Much
remains to be done to leverage this unique broadband infrastructure.
The Dublink Development Company LLC desires to extend the Dublink conduit in accordance with the
existing franchise agreement into the area where the City intends to make significant infrastructure
investments. Generally, this area is north of Shier -Rings Road, south of State Route 161 /Post Road, east
of Houchard Road and west of Avery Road. commonly referred to as the Central Ohio Innovation
Center. As new roadways are being built into the COIC area and the Post Road interchange
improvements are being made, it is appropriate that the Dublink area be extended. Broadband
infrastructure will be critical to support the anticipated development in this area. Traditional providers
such as AT &T, Time Warner Cable, WOW, etc. are anticipated to extend their services into this area in
addition to Dublink. Dublink may accommodate some of these traditional providers and /or share trench.
Dublink will accommodate all providers who enter the market after the initial construction. Staff
envisions ultimately extending the City's fiber and Wifi services through the conduit dedicated to the
City.
Memo to City Council re Ordinance 38 -07
May 31, 2007
Page Two
The only action needed to allow the Dublink Development Company LLC to extend conduit into this
area is to modify the definition of Dublink and Exhibit "A" of the existing franchise agreement.
RECOMMENDATION
Staff recommends Council approve Ordinance 37 -07 at the second reading/public hearing on June 18.
Should you have specific questions about the Ordinance or Amendment to the Agreement, please
contact Dana McDaniel at 410 -4619.
Thank you.
2
Amendment to the Agreement between
the City of Dublin and Dublink Development L.L.C.
This is an Amendment to the Agreement ( "Agreement) by and between Dublink
Development Company L.L.C. ( "Dublink") and the City of Dublin ( "Dublin ") dated as of
WHEREAS, this Amendment to the Agreement has been executed by the parties
as a modification to the Agreement dated December 14 1998.
WHEREAS, Dublink and the City desire and intend to amend and the Agreement
as provided herein and is referenced as: "Supplement Exhibit A ".
WHEREAS, the two (2) documents shall be considered as incorporated together
to form one single Agreement between the parties, hereinafter known as the
"Agreement".
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto covenant, agree and bind
themselves to the following modifications of the Agreement (capitalized terms shall have
the same meaining ascribed to them in the Agreement unless otherwise specified herein):
1) Paragraph 1 titled "Definitions" section (D) shall say the following:
" Dublink" means the area described in Supplemental Exhibit A attached to the
Amendment to the Agreement which includes both the "current Dublink area"
and the "expanded Dublink area ".
All other terms of the Agreement remain in full force and effect.
Intending to be legally bound, the Parties have executed this Amendment as of the
date set forth below:
Dublink Development L.L.C.
By (printed name):
By (signed name):
Title:
Date:
Amendment (cont'd)
Dublink Development Company L.L.0
Approved as to Form
The City of Dublin:
By (printed name):
By (signed name):
Title:
Date:
Stephen Smith, City Attorney
2
Supplemental Exhibit
CLLy -Owned Non- OUbllnk Fiber
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Expan Oubllnk Area
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