Reimbursement Agreement NICCFebruary 25, 2000
Mayor and City Council
City of Dubuque
50 W. 13th Street
Dubuque, Iowa 52001-4845
Dear Mayor and City Council Members:
On behalf the Region I Telecommunications Council, I would like to express our support for the
proposed sharing agreement between the City of Dubuque and Northeast Iowa Community
College to bring the needed ICN fiber to NICC's Dubuque Center at 7'h and Town Clock Plaza.
In 1999, the twelve Iowa Communications Network video classrooms in Dubuque were
scheduled in excess of 6000 hours for K -12, higher education, and state agency classes and
meetings. The additional ICN classroom at the Dubuque Center will enable NICC to offer area
residents additional classes and will be also scheduled by other authorized users.
The mission of each Regional Telecommunications Council is to promote quality educational
use of the ICN within its region. The proposed room at the Dubuque Center will be the 46th
video classroom within this eight county region. Thank you for you helping the ICN grow and
for enhancing the telecommunications opportunities in your city.
Sincerely,
Kathryn Guilgot
Chairperson
Region I Telecommunications Council
C: Rob Denson
RESOLUTION NO. 98-00
A RESOLUTION ADVISING OF THE CITY'S INTENT TO DISPOSE OF ITS
INTEREST IN PROPERTY BY EASEMENT AGREEMENT BETWEEN THE CITY OF
DUBUQUE. IOWA. AND AT&T CABLE SERVICES. INC.. FOR THE
INSTALLATION AND OPERATION OF AN OPTICAL FIBER COMMUNICATION
CABLE WITHIN SPECIFIC SECTIONS OF CITY-OWNED CONDUIT.
WHEREAS. the City Council of the City of Dubuque. Iowa encourages the
extension of the distance learning capabilities and services of the Iowa
Communications Network (ICN) to schools. colleges. librarles. government. and
other public entities within the corporate limits of the City of Dubuque. and
WHEREAS. Northeast Iowa Community College (N.I.C.C.) has invested
considerable resources and institutional commitment to the remodeling and
maintenance of a Dubuque Downtown Learning Center which will include an ICN
distance-learning classroom. and
WHEREAS, pursuant to its franchise and other agreements with the City of
Dubuque. AT&T Cable Servlces. Inc. has installed and maintains specific optical
fiber links between the Iowa Communications Network point-of-presence at 1515
W. 3~ St. and a collection of schools, colleges. libraries and other public
entities located throughout the Clty, and
WHEREAS. representatives of the City of Dubuque. the ICN. N.I.C.C.. and
AT&T Cable Services. Inc. have jointly proposed a physical route and terms of
agreement which will connect the N.I.C.C. Downtown Learning Center to the Iowa
Communications Network via AT&T optical fiber, including an approximate 500 ft.
segment to be carried within City-owned conduit between the Dubuque Law
Enforcement Center and the N.I.C.C. Learning Center. and
WHEREAS.the City Council finds the terms of the proposed agreement to be
reasonable. fair to all the parties and beneficial to the community.
NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE.
IOWA:
Section 1. That the City of Dubuque. Iowa intends to dispose of its
interest in the property described in the proposed easement agreement with AT&T
Cable Services. Inc.. under the conditions stipulated in the easement agreement.
a copy of which is now on file at the office of City Clerk. City Hall. Dubuque.
Iowa.
Section 2. The City Clerk is hereby authorized and directed to cause this
Resolution and a notice to be published as prescribed by Iowa Code Section 364.7
of a public hearing on the City's intent to dispose of the foregoing-described
real property, to be held on the 20~ day of March, 2000 at 6:30 o'clock p.m. at
the public library auditorium, 11~ & Locust. Dubuque. Iowa.
PASSED, APPROVED, and ADOPTED this 6th day of March. 2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider
EASEMENT AGREEMENT
The CITY OF DUBUQUE, lOW A, an Iowa municipal corporation, (hereinafter retèrred
to as "Grantor"), whose mailing address is City Hall, Dubuque, Iowa, in consideration of one
dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, does hereby grant and convey on the terms and conditions set forth herein, to
AT&T CABLE SERVICES, INC" (hereinafter referred to as "Grantee"), an easement for the
installation and maintenance of one fiber optic cable in the conduit installed and maintained by
the Grantor located on the land described on Exhibit A attached hereto (Easement Premises), for
the purposes of providing service to the Northeast Iowa Community College facility at 7th Street
& Town Clock Plaza, Dubuque, Iowa.
RESERVING, however, unto the Grantor, its successors and assigns, the right to
construct, place, operate, maintain, alter, repair, replace, renew, improve and remove the said
conduit or other City facilities above, below and on the surface of the Easement Premises,
including, without limitation, transmission by conduit, fiber optics, cable, wire or other means of
electricity, voice data, video, digitized information, or other materials or information, pipelines,
utility lines including the right of ingress and egress in any manner and further reserving unto
Grantor, its successors and assigns, all right and privilege of ingress and egress to said Easement
Premises as Grantor, its successors and assigns may require to investigate and remediate
environmental contamination and hazards, and further reserving the right and privilege to use
said land for any and all purposes not inconsistent with Grantee's use as set forth herein; and
THIS GRANT IS SUBJECT TO THE FOLLOWING CONDITIONS:
1. Grantee shall bear the costs of removal, relocation or reconstruction of any
improvements, or other facilities, the removal, relocation or reconstruction of which is made at
Grantee's request and made necessary by reason of Grantee's use of the Easement Premises.
2, Grantor also reserves the right to use the Easement Premises in any other manner
which is consistent with the rights granted to Grantee hereunder, The Easement Premises are
subject to any other permits, leases, licenses or other grants which Grantor has made or may
make affecting any of its property, Grantor also reserves the right to grant to any other person or
entity the permission to construct, maintain, use, operate, relocate, reconstruct and renew such
facilities as Grantor may, from time to time, determine to allow within the Easement Premises, so
long as any such transfer does not unreasonably interfere with the rights of Grantee granted
hereunder. Grantee shall, at its own cost and expense, make adjustment with any other lessee or
licensee of Grantor for any improvements that may be required to be relocated, reconstructed, or
destroyed by reason of the construction or maintenance of the Easement Premises.
3. Grantee shall not use or dispose of any toxic or hazardous substances or materials on
or near the Easement Premises, and Grantee shall obey all federal, state, and local laws and
regulations, including, but not limited to, those related in any way to toxic or hazardous
materials. Grantee assumes all responsibility for any environmental damage created by any
activity of Grantee and Grantee hereby indemnifies and agrees to hold Grantor harmless from any
liability, claim, costs or damages related to any environmental liability arising out of Grantee's
activities under this Agreement. This indemnification applies to all causes of action of any kind
whatsoever, including those under Comprehensive Environmental Response, Compensation, and
Liability Act, (CERCLA), or Resource Conservation and Recovery Act, (RCRA), or any other
applicable federal, state or local law or ordinance.
4. If at any time the use of the Easement Premises for the purposes of serving Northeast
Iowa Community College should be abandoned or discontinued by the Grantee its successors or
assigns, this easement shall cease. Grantee shall surrender or cause to be surrendered to that
Grantor or its successors or assigns, the peaceable possession of the Easement Premises, and title
to the Easement Premises shall remain in the Grantor or its successors or assigns, free and clear
of all rights and claims of the Grantee. Any cables or other equipment installed in the Easement
Premises shall not be removed and shall become the property of Grantor.
5. ASSUMPTION OF LIABILITIES.
a.
By accepting this Agreement, Grantee hereby assumes all risk and agrees to
indemnify and hold Grantor harmless from and against any liability, claim, cost,
or damage on account of personal injury to or death of any persons whomsoever,
or damage to or destruction of property to whomsoever belonging, including but
not limited to property of the Grantor arising from or growing out of acts or
omissions, negligent or otherwise, of Grantee, its successors, assigns, licensees,
invitees, or whomsoever is using the Easement Premises in accordance with
permission granted hereunder. Nothing in this indemnity provision shall be
construed to require Grantee to indemnify Grantor against any claims for which
indemnity is precluded by law.
b.
Grantee shall not create or permit any condition on the Easement Premises that
could present a threat to human health or to the environment. Grantee shall
indemnify and hold harmless Grantor from any suit or claim, costs or obligations
with respect to any environmental condition caused by, contributed to, or
aggravated by Grantee's presence on and use of the Easement Premises or
Grantee's violation of any laws, ordinances, regulations or requirements
pertaining to solid or other wastes, weeds, chemicals, oil and gas, toxic, corrosive,
or hazardous material, air, water (surface or groundwater) or noise pollution, and
the storage, handling, use or disposal of any such material. Grantee shall bear the
expense of all practices or work, preventative or remedial, which may be required
because of the Grantee's use of the Easement Premises. Grantee shall also give
Grantor timely notice of all measures undertaken by or on behalf of Grantee to
investigate, remediate, respond to or otherwise cure such release or violation
caused by Grantee. If Grantor receives notice from Grantee or otherwise of a
release or violation of environmental laws which occurred or is occurring as a
result of Grantee's use of the Easement Premises Grantor may require Grantee to,
-2-
at Grantee's sole expense, take timely measures to investigate, remediate, respond
to, or otherwise cure such release or violation as caused by Grantee. Nothing in
this indemnity provision shall be construed to require Grantee to indemnify
Grantor against any claims for which indemnity is precluded by law.
6. The Easement hereby granted is non-exclusive, and Grantor reserves the right to use
the property in any manner which is consistent with the rights granted hereunder,
7, Grantee will pay any taxes, charges, or assessments that may be levied or assessed
against it as a result of any facilities installed by Grantee under this Agreement.
8. INSURANCE.
a.
Grantee agrees to obtain, to keep in force and effect, and to pay premiums on
worker's compensation insurance for those of its employees who are concerned in
any way with Grantee's performance under this Agreement.
b.
Grantee will furnish Grantor with valid Certificates ofInsurance for liability
insurance as set forth in the attached insurance schedule in advance of any activity
on Grantor's property. All of the above insurance policies and certificates, except
for worker's compensation, must name the Grantor as an additional insured.
9. Grantor make no warranties as to its title, nor does Grantor undertake to defend the
peaceable possession, use or enjoyment of the property by Grantee.
10. Grantor reserves the right to cross over the Easement Premises at any point for the
purpose of construction or maintenance.
11. All notices hereunder to be given by one party to the other may be given by letter
from the party or its agent or attorney and forwarded by Certified Mail, Return Receipt
Requested, postage prepared, addressed to the other party at that party's mailing address above
stated or at such address as may later be given in writing.
12. Each party signing this document represents that he or she has authority to bind
his/her respective entity.
13. Any violation of any term or condition of this Agreement shall entitle the Grantor to
terminate the Agreement after providing Grantee a 30-day notice of the violation and 30 days to
cure the violation,
Subject to the foregoing provision, this Agreement and all of the covenants and promises
herein shall inure to the benefit of and be binding upon the parties hereto, and their respective
successors and assigns.
-3-
CITY OF DUBUQUE, IOWA
BY:
STATE OF IOWA
COUNTY OF DUBUQUE
)
)ss:
)
This instrument was acknowledged before me on the - day of
2000, by Michael C. Van Milligen, City Manager, City of Dubuque, Iowa.
STATE OF IOWA
COUNTY OF DUBUQUE
)
)ss:
)
Notary Public for the State ofIowa
Residing at --
My commission expires:
This instrument was acknowledged before me on the - day of
2000, by
Notary Public for the State of Iowa
Residing at
My commission expires:
-4-
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EXHIBIT A
Showing the proposed route of conduit
and fiber optic cable from the Dubuque
Law Enforcement Center under Iowa
and 8" Streets, alongside the Iowa Street
Parking Ramp and under the alley to the
Northeast Iowa Community College
Downtown Learning Center,
Proposed Route:
Other City Fiber:
REIMBURSEMENT AGREEMENT
This Agreement is made as of the - day of February. 2000. between the CITY OF
DUBUQUE, IOWA, an Iowa Municipal Corporation (hereinafter retèrred to as "City") and
NORTHEAST IOWA COMMUNITY COLLEGE (hereinafter retèrred to as "N.Lc.c.").
WHEREAS, N.Lc.c. desires to acquire a fiber optic cable connection to it's tàcility at 7th
& Town Clock Plaza, Dubuque, Iowa, and
WHEREAS, City is willing to allow N.Lc.C. to utilize fiber optic cable conduit installed
and to be installed by the City in the premises shown on attached Exhibit A.
NOW. THEREFORE, IN CONSIDERATION of the promises set forth herein, the parties
agree as follows:
1. N.r.c.c. will pay to City the sum of $8,769. 78 as reimbursement tòr the City's
expenses in installing conduit in the property shown on Exhibit A.
2. The City agrees to install new conduit connecting to existing conduit allowing tàr the
installation of fiber optic cable to N.LC.c.'s facility at i'" & Town Clock Plaza in Dubuque,
Iowa.
3. The parties agree that the sum of$8,769.78 is the cost incurred by the City in
installing new conduit and a fair share of the City's cost of installing existing conduit connecting
to the new conduit.
4. The sum provided for herein shall be paid by N.Lc.c. to the City within ten (l0) days
after execution of this Agreement.
5. The City shall have no responsibility or obligation with respect to the installation of
fiber optic cable within the conduit contemplated by this Agreement.
CITY OF DUBUQUE, IOWA
NORTHEAST lOW A
COMMUNITY COLLEGE
BY:
Michael C. Van Milligen, City Manager
BY:
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EXHIBIT A
Showing the proposed route of conduit
and fiber optic cable from the Dubuque
Law Enforcement Center under Iowa
and 8'h Streets, alongside the Iowa Street
Parking Ramp and under the alley to the
Northeast Iowa Community College
Downtown Learning Center.
Proposed Route:
Other City Fiber:
CITY OF DUBUQUE, IOWA
MEMORANDUM
March 2, 2000
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT:
Proposed Agreements to Share Conduit for NICC Optical Fiber Link
Cable Franchise Administrator Merrill Crawford is recommending that a public
hearing be set for March 20, 2000, to consider Agreements to Share City Conduit
for the Northeast Iowa Community College Optical Fiber Link.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
City Manager
MCVM/ksf
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Merrill Crawford, Cable Franchise Administrator
CITY OF DUBUQUE, IOWA
MEMORANDUM
February 29, 2000
MEMO TO: Michael C. Van Milligen, City Manager
FROM: Merrill Crawford, Cable Franchise Administrator
SUBJECT: Proposed Agreements to Share Conduit for N.I.C.C. Optical Fiber Link
INTRODUCTION: The purpose of this memorandum is to recommend approval oftwo
agreements to enable sharing of approximately 500 feet of new City-owned communication
conduit with AT&T Cable Services, the Iowa Communications Network, and Northeast Iowa
Community College, and to recommend rescheduling of a Public Hearing on this subject.
BACKGROUND:
1. As you know, Northeast Iowa Community College has purchased the building housing their
Downtown Leaming Center in Town Clock Plaza and is completing a major renovation and
remodeling of the structure. Included among the new facilities will be a state-of-the-art distance
learning video classroom to be connected to the Iowa Communications Network.
2. In a franchise waiver agreement approved by the City Council November 7, 1994, TCI
Cablevision, ( now AT&T Cable Services ), installed fiber optic cables from the Iowa
Communications Network hub at 1515 W. 3'd Street to 17 educational institutions and
goverrunent buildings in Dubuque. The N.LC.C. Downtown Learning Center was not one of
these originally-required connections, However, Fire Headquarters, the County Courthouse, and
the Dubuque Law Enforcement Center were on the original list, and as-yet unused "dark fiber"
belonging to AT&T currently extends from these buildings back to the ICN hub,
3. The City of Dubuque continues to expand its own downtown fiber optic network which
interconnects goverrunent buildings including Fire HQ, the Courthouse and the DLEC, and
which will next be routed underground to the Iowa St. and Fifth St. parking, It happens that a
planned junction point along the West side of the Iowa Street Ramp will be conveniently located
directly across the alley from the N,LC.C. Downtown Learning Center.
Mike Felderman, Chris Kohlmann and myself have been working for several months with
representatives of N.I.C,C., the Iowa Communications Network, and AT&T Cable Services to
see if these separate fiber optic networks and available conduit could be logically joined to
deliver ICN signals to the N,Lc.C, Downtown Learning Center at a reasonable cost and to the
general advantage of the community. We are pleased to be able to recommend the following
arrangement:
The Iowa Communications Network will install new equipment in its W. 3rd Street hub for the
N.I.C.C. Learning Center and will provision its statewide learning network to include the site.
The City of Dubuque will release two unused fibers in AT&T's cable which runs from the ICN
hub to the DLEC, to instead carry ICN signals to and from the N.I.C.C, Learning Center. Any
future ICN application which might develop for the DLEC can be served from remaining dark
fiber at that location or from Fire HQ or the Courthouse.
The City will also share an existing innerduct in its conduit to accommodate an AT&T fiber optic
cable along with the City's cable, from the DLEC under Iowa Street, along 8th Street and down
the west side of the Iowa Street Parking Ramp to the junction point opposite the N.I.c.c.
building. The City's contractor will also install new 1" conduit from that point under the alley,
terminating on the outside of the N,I.c.c. building. The City's cable and AT&T's cable will be
pulled through the same innerducts together to protect both cables and to minimize cost.
AT&T Cable Services will perform the fiber splicing and other installation tasks to complete
the link from the ICN hub to the outside of the N.I.C.C. building, and thereafter will transmit
ICN signals to and from N.I.C.c. for a charge agreed-upon by those parties, and at no cost to the
City. As with the other local ICN links, the revenue AT&T generates from this service will be
included in the gross revenue base upon which the franchise fee to the City is computed.
N.I.c.C. will compensate and reimburse the City of Dubuque in the amount of$8,769,78. This
represents the total additional cost to the City of installing the extra conduit under the alley, as
well as a proportionate value of the shared conduit between the DLEC and the parking ramp,
The two attached agreements, drafted by Assistant City Attorney Tim O'Brien, would cover the
City's portion of the partnership as follows:
The Easement Agreement between the City of Dubuque and AT&T Cable Services permits the
AT&T to place its fiber optic cable in City-owned conduit for the specific route and purpose of
serving the N.I.C.C. Downtown Learning Center. Tim O'Brien advises that this agreement
requires Council action following a Public Hearing. A proposed Resolution of intent to grant an
easement is attached.
The Reimbursement Agreement between the City of Dubuque and Northeast Iowa Community
College summarizes the terms under which N.I.C.C. will compensate and reimburse the City for
the conduit installation and shared occupation. Mr. O'Brien advises that this reimbursement
agreement does not require City Council action.
The City offers no guarantee as to the performance of the other parties vis-a-vis their various
relationships and agreements in this partnership, but makes available a short section of its own
conduit path to help the other parties complete an otherwise difficult and expensive "last mile"
connection to bring ICN education services into the Downtown Leaming Center.
However, we have discovered that we failed include a Resolution ofIntent to Grant an Easement
when we asked the City Council to set a Public Hearing for March 6, 2000 on this Easement
Agreement. As a result, Corporation Counsel Barry Lindahl advises that the previously-
scheduled Public Hearing should be removed from the March 6 Council agenda, and that the
process begin anew on this item,
RECOMMENDED ACTION: The Recommended Actions are:
1, that you approve and sign the N.I.C.c. Reimbursement Agreement,
2. that the Public Hearing previously-set for this item be removed from the agenda of the March
6, 2000 City Council meeting, and
3. that the City Council adopt the proposed Resolution ofIntent and set a Public Hearing
regarding the AT&T Easement Agreement for their March 20, 2000 regular meeting.
Cc:
Jeanne Schneider, City Clerk
Chris Kohlmann, Information Services Manager
Mike Felderman, Civic Engineer
Pauline Joyce, Administrative Services Manager
.
.
.
STATE OF IOWA
DUBUQUE COUNTY
{SS:
CERTIFICATION OF PUBLICATION
VtJif." (r¡,¡¡¡e~
I, Kathy Hefel, a Dilling uerk for Woodward Communications, Inc., an Iowa
corporation, puhlisher of the Telegraph Herald, a newspaper of general circu~
lation puhlished in the City of Dubuque, County of Dubuque and State ofIowa;
hereby certify that the attached notice was published in said newspaper on the
following dates A;/o- V'c..J, 10 .
,. :;;"'Ó()(), and for which the
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Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
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CITY OF DUBUQUE, IOWA
MEMORANDUM
March 14, 2000
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT:
Proposed Easement Agreement with AT&T Cable Services for
N.I.C.C Optical Fiber link
Cable TV Administrator Merrill Crawford is recommending approval of an easement
agreement permitting AT&T Cable Services to place fiber optic cable within
approximately 500 feet of City-owned communication conduit to deliver Iowa
Communications Network Services to the Northeast Iowa Community College
learning center in downtown Dubuque.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/dd
Attachment
cc:
Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Merrill Crawford, Cable TV Administrator
CITY OF DUBUQUE, IOWA
MEMORANDUM
March 10,2000
MEMO TO: Michael C. Van Milligen, City Manager
FROM: Merrill Crawford, Cable Franchise Administrator
SUBJECT: Proposed Easement Agreement with AT&T Cables Services for N.I.C.C. Optical
Fiber Link
INTRODUCTION: The purpose of this memorandum is to recommend approval of an
Easement Agreement permitting AT&T Cable Services to place fiber optic cable within
approximately 500 feet of City-owned communication conduit to deliver Iowa Communications
Network services to the Northeast Iowa Community College learning center in Downtown
Dubuque.
BACKGROUND:
1. As you know, Northeast Iowa Community College has purchased the building housing their
Downtown Leaming Center in Town Clock Plaza and is completing a major renovation and
remodeling ofthe structure. Included among the new facilities will be a state-of-the-art distance
learning video classroom to be connected to the Iowa Communications Network.
2, In a franchise waiver agreement approved by the City Council November 7, 1994, TCI
Cablevision, (now AT&T Cable Services), installed fiber optic cables from the Iowa
Communications Network hub at 1515 W, 3'd Street to 17 educational institutions and
goverrunent buildings in Dubuque. The N.I.C.C. Downtown Leaming Center was not one of
these originally-required connections, However, Fire Headquarters, the County Courthouse, and
the Dubuque Law Enforcement Center were on the original list, and as-yet unused "dark fiber"
belonging to AT&T currently extends from these buildings back to the ICN hub.
3. The City of Dubuque continues to expand its own downtown fiber optic network which
interconnects government buildings including Fire HQ, the Courthouse and the DLEC, and
which will next be routed underground to the Iowa St. and Fifth St. parking. It happens that a
planned junction point along the West side of the Iowa Street Ramp will be conveniently located
directly across the alley ITom the N.I.C.C. Downtown Learning Center.
Mike Felderman, Chris Kohlmann and I have been working for several months with N.I.c.c.,
ICN and AT&T Cable Services representatives to see if these separate fiber optic networks and
available conduit could be logically joined to deliver ICN signals to the N,I.C.C, Downtown
Learning Center at a reasonable cost and to the general advantage of the community.
We are pleased to be able to recommend the following arrangement:
The Iowa Communications Network will install new equipment in its W. 3td Street hub for the
N.I.C.C. Learning Center and will provision its statewide learning network to include the site,
The City of Dubuque will release two unused fibers in AT&T's cable which runs from the ICN
hub to the DLEC, to instead carry ICN signals to and from the N.I.C,C. Leaming Center, Any
future ICN application which might develop for the DLEC can be served from remaining dark
fiber at that location or via similar fiber terminating at Fire HQ or the Dubuque County
Courthouse.
The City will also share an existing innerduct in its conduit to accommodate an AT&T fiber optic
cable along with the City's cable, from the DLEC under Iowa Street, along 8th Street and down
the west side of the Iowa Street Parking Ramp to the junction point opposite the N.I.C.C,
building. The City's contractor will also install new 1" conduit from that point under the alley,
terminating on the outside of the N.I.C.c. building. The City's cable and AT&T's cable will be
pulled through the same innerducts together to protect both cables and to minimize cost.
AT&T Cable Services will perform the fiber splicing and other installation tasks to complete
the link from the ICN hub to the outside of the N.I.C.C, building, and thereafter will transmit
ICN signals to and from N.I.c.C. for a charge agreed-upon by those parties, and at no cost to the
City. As with the other local ICN links, the revenue AT&T generates from this service will be
included in the gross revenue base upon which the franchise fee to the City is computed,
N.I.C.C. will compensate and reimburse the City of Dubuque in the amount of$8,769.78, This
represents the total additional cost to the City of installing the extra conduit under the alley, as
well as a proportionate value of the shared conduit between the DLEC and the parking ramp.
The Compensation Agreement with N.I.C.c. was approved by the City Council at their March 6,
2000 meeting.
The subject of the March 20 Public Hearing is the Easement Agreement between the City of
Dubuque and AT&T Cable Services. A Resolution approving this agreement is attached.
The City offers no guarantee as to the performance of the other parties vis-a-vis their various
relationships and agreements in this partnership, but makes available a short section of its own
conduit path to help the other parties complete an otherwise difficult and expensive "last mile"
connection to bring ICN education services into the Downtown Leaming Center.
RECOMMENDED ACTION: The Recommended Action is that the City Council adopt the
Resolution approving the Easement Agreement with AT&T Cable Services.
Cc:
Jeanne Schneider, City Clerk
Chris Kohlmann, Information Services Manager
Mike Felderman, Civic Engineer
Pauline Joyce, Administrative Services Manager