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Fiberlight-AG091027AGENDA REQUEST FORM T H E~ G I T Y~ Q F :~-; ~ .r ` 1 x~ s t o WEPT: Engineering naTE: October 27, 2009 ITEM #: ~ 8 WORK SESSION ~ CONSENT ~ REGULAR tTent Tvre: CONTRACT/BID or PROPOSAL ITEM CAPTION: Consider approval of a variance to the Code of Ordinances, Section 6-14-5 B and the Subdivision Ordinance, Section 13, Appendix C, Section V, concerning the requirement for placement of underground uti ities. GOAL(S): ,; ~, EXECUTIVE SUMMARY: Staff offers no objections to Fiberlight utilizing existing po es with the exceptions that a I new crossings of public right-of-ways show d be bored as opposed to being p aced overhead. Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: RECOMMENDED ACTION: 1. Lines must be buried underground at the following locations: West Bethel Road at Royal Lane; West Bethel Road between Royal Lane and Freeport; Southwestern Boulevard at South Coppell Road and Denton Tap between Braewood and Sandy Lake Road; 2. Minimum clearances as prescribed by either state law or Oncor regulation on sag and pole connections with no wires being lower than 12 feet; 3. Wires will run only along existing line configuration; and 4. No new poles will be installed. ACTION TAKEN BY COUNCIL: Staff recommends approval. APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve subject to the conditions highlighted above M - Brancheau S -Franklin Vote - 6-1 '~ Libby Ball Tunnell voted a ainst 2009.11.04 g 11:28:32 ' -06'00' #Fiberlight Underground Utilities T H E C I T Y O F ~~~~' ~ ~ ~ X A c ~; l a MEMORANDUM T0: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of EngineeringlPublic Works DATE: October 27, 2009 REF: Consider approval of a variance to the Code of Ordinances, Section 6-14-5 B and the Subdivision Ordinance, Section 13, Appendix C, Section V, concerning the requirement for placement of underground utilities. The City of Coppell has been approached by Fiberlight, LLC, a certificated Telecommunications provider with the State of Texas, requesting that they be allowed to provide a private line that would provide Internet access, dark fiber and data transmission services on existing utility poles in Coppell. Fiberlight has stated that they do not intend to offer any residential or business services within Coppell. While a map is attached showing the locations, the general location is: along Belt Line and Denton Tap from IH 635 to Sandy Lake Road; along Sandy Lake Road from Denton Tap to SH 121; along east Belt Line Road from the east city limits of Coppell to the Denton Tap/Belt Line intersection; along Southwestern Blvd. from Denton Tap to Freeport Parkway; along Freeport Parkway from Southwestern to West Bethel Road; and along West Bethel Road from Parkway to the west city limit line. In total, there is approximately 53,400 linear feet or approximately 10.1 miles being proposed within the City of Coppell. The overall project contains portions in Carrollton, Irving, Grapevine and the City of Dallas that's along east Belt Line Road. Section 6-14-5 B states, "A person shall not place or cause to be placed any permanent above ground improvements or facilities, except as authorized prior to the effective date of this article by franchise or authority of city council by variance to the municipal subdivision regulations." Since Fiberlight does not have a prior franchise agreement with the City of Coppell they fall under Section 13, Appendix C, Section V, of the Subdivision Ordinance which states, "All gas, electric, telephone utilities, street lighting, and cable television shall be underground except where conditions do not warrant underground installations." The current plan submitted to the City of Coppell already shows approximately 5,600 linear feet of the total 53,400 linear feet to be underground in locations where there are no existing utility poles. In essence, Fiberlight is asking to be allowed to install their cable overhead along routes where existing utility poles are and then go underground in locations where there are no existing utility poles. A similar request was granted to the Coppell Independent School District (CISD) on April 10, 2001. However, even with the CISD there was a requirement that no new lines cross public right-of ways. The plans submitted by Fiberlight do not show boring under existing right-of ways. Those existing right-of ways include Fairway Drive, Ledbetter Drive, Braewood Drive, Denton Tap Road, Bethel School Road, VanBebber Drive, Sanders Loop, East Bethel Road, Meadowcreek Road, ~Uest Bethel Road, Creekview Drive, Oakbend Drive, Freeport Parkway, Northpoint Drive, Royal Lane, Lakeshore Drive, Dividend Drive, S. Coppell Road, Southwestern Blvd., Shadydale Lane, Oak Trail, Summer Place Drive, and Cottonwood Drive. If this variance request is approved by City Council, staff still recommends that the crossings of all the aforementioned streets be required to be placed underground. If this item is approved, per Section 6-14-13 of the Code of Ordinances, a fee will be assessed each year based on the total linear feet of cable within the City right-of way. Under our current Master Fee Ordinance that cost is $1.00 per linear foot per conduit on an annual basis. Staff offers no objections to Fiberlight utilizing existing poles with the exceptions that all new crossings of public right-of ways should be bored as opposed to being placed overhead. Staff will be available to answer any questions at the Council meeting. 2 FiberL~ght Kenneth Griffin director o Engineering ~~ oppell ~Roa~d I~i~5 ~o~ ~~~ ~oppelll T~ 7~0~~ ~~ October ~~~ RE: F~berl~iht, E~~~re~~uest ~~~ aerial pole attachment permits within the it~+ of oppell ~~ dear Ir. griffin, Eberli~ht, lE!~ ~'~Ei~er~.iht"~, hereby re~~e~t~ consideration from the city of oppell to k~e is~ue~d the re~q~ested aerial pole attachments a deputed in the drawings attached herein. Fiber~ight and its Enineer~ have perfarmed the nece~sar~due diligence in orderto determine that aerial fiber optical cable placement along the identified route is both feasit~le and a ~ria~le means to support the designed route through the City ofoppell. Fi~erLight unde~standthatthere are other `~elecornmunications providers currentlyworkin~ witf~in the ~it~rof~Coppell installin, fiberopticcable utili~in the same aerial placement rnethodolo~ i=iberliht is requesting permits Pori 1=iberEiht requests an au~~dience with the appropriate it~r o~ncil and Pudic w+nrks perst~nnel in order to facilitate tie lettin,~ of the Fiberlight re~queste~ aerial permits, I^i~erLi~ht and its representat~res are and vuill c+~ntinue to be auailable to meet with the pity council anal tl~e ~epartm+ent ~ Public words at their earliest convenience. Respectfully, ~/~N-~ Budd ~. 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