6-8-17: REQUIRED MUNICIPAL FIBER INFRASTRUCTURE CONSTRUCTION:

   A.   Requirements For Public Development:

      1.   Unless waived by the City Council based on undue burden, or an unfavorable cost-benefit analysis, or the consideration of other relevant factors, the City of Eagle will install or have installed communications conduit whenever the City undertakes or authorizes the following types of projects:

         a.   New street, road, sidewalk, bike path, or other transportation infrastructure construction.

         b.   Maintenance, repaving, or other significant work on the above infrastructure.

         c.   Excavations for the purpose of installing utilities, including, but not limited to, communications, electrical, gas, water, wastewater, storm drainage.

         d.   Other excavations, or work on public property on in the public right of way that provide a similar opportunity to install conduit for future use at a low additional cost.

      2.   When determining if a particular specification is feasible or practicable, the Fiber-Optic Director will consider the added cost, the length of the conduit installed (and therefore its potential future value), the impact on the overall project, and other relevant factors.

         a.   In general, the cost of purchasing, installing, and documenting conduit may be included in the cost of the overall project. However, other sources of funds may also be used if available.

      3.   Conduit installed by or on behalf of the City, will be owned by the City.

      4.   A record of all City-owned conduits will be maintained and transferred into a geographic information system (GIS) whenever feasible.

   B.   Requirements For Private Development:

      1.   A private developer or development entity will install or have installed communications conduit and fiber-optic cable whenever the developer or applicant undertakes the following types of projects that are contiguous with existing communications conduit infrastructure or fiber-optic cable:

         a.   New street, road, sidewalk, bike path, or other transportation infrastructure construction.

         b.   Maintenance, repaving, or other significant work on the above infrastructure.

         c.   Excavations for the purpose of installing utilities, including but not limited to communications, electrical, gas, water, wastewater, sewer, or storm drainage.

         d.   Other excavations, or work on public property on in the public right of way that provide a similar opportunity to install conduit and fiber-optic cable for future use at a low additional cost.

      2.   Conduit installed by or on behalf of the City, will be owned by the City.

      3.   All fiber-optic cable will be installed by the City unless otherwise approved by the Director.

      4.   A record of all City-owned conduits will be maintained and transferred into a geographic information system (GIS) whenever feasible. (Ord. 864, 5-24-2022)