943.20 BROADBAND RATES.

   (a)    Definitions. As used in this Chapter:

      (1)    "Fiber Network" means the City owned fiber communications equipment, cable, facilities, pathways, connections and equipment providing high speed data connectivity which is installed in various locations, both within and outside the City.

      (2)    "Conduit Network" means the City owned infrastructure of conduit, pipes, ducts, cable trays, manholes, handholes, rights of way and areas of access containing or available for installation of fiber optic cable.

   (b)    Rates.

      (1)    The schedule of rates and charges on file with the Clerk of the City and incorporated herein by reference is hereby adopted.

      (2)    The rates and charges provided for above are applicable for contracts for a term not to exceed twenty years. The City Manager and his or her authorized agents are authorized to enter into term contracts, not to exceed twenty years utilizing the rates then in effect provided that the City Manager deems such contract to be fair and reasonable.

      (3)    After giving consideration to factors including but not limited to the amount of annual revenue anticipated in the contract, the size of the customer and potential for additional future sales, the length of the contract term, economic development opportunities, and any other factors normally considered in the formation of a business contract, the City Manager and his or her authorized agents are authorized to enter into contracts which offer a discount, however, after discounts, the revenue received must meet or exceed the cost of goods sold and debt service by at least fifteen percent (15%) ("Sales Discount"). The City Manager is not authorized to approve a transaction that exceeds the Sales Discount without City Council approval unless it is to support an economic development project.

         A.    An economic development project is defined as a project that results in job creation, retention and/or investment. The amount of other city revenue from this project (income tax, property tax, etc.) must cover the amount exceeding the sales discount.

         B.    Any revenue from projects that receive the economic development discount must still cover the cost of goods sold and debt service.

      (4)    Nothing in this Chapter shall impair any contract in effect at the time of adoption, provided renewals of existing contracts shall be subject to the rates and charges in effect at the time of renewal.

      (5)    Terms and Conditions. The City Manager is authorized to promulgate terms and conditions relative to the lease, use and provision of products and services for the Fiber Network and Conduit Network, which terms and conditions are hereby incorporated by reference, as if fully rewritten herein. Such terms and provisions may include, but not be limited to: the nature and substance of the contracts, terms of service, service connections, deposits, billing, nonpayment, disconnection of service and service charges.

      (6)    Products, Services and Contract Provisions. Prior to the lease, use or provision of products and services for the Fiber Network and/or Conduit Network, the customer shall enter into one or more written agreements, each in a form and substance satisfactory to the City Manager or the City's authorized agent, each of whom are authorized to execute such agreements on behalf of the City. Such agreements shall include but not be limited to: a master capacity fiber lease and service agreement, a master capacity conduit lease and service agreement, dark fiber agreements and agreements relating to the provision of other products and services as may be necessary. Such agreements shall provide for, among other things, rates, terms, requirements, discounts and default provisions.

      (7)    Connections. The City Manager is hereby authorized and directed to set and exact charges for the connection to the Fiber Network and/or Conduit Network upon the granting of permission to connect such property to the Fiber Network and/or Conduit Network. Such charges shall be set and exacted based upon the cost to the City or its agent incurred in making such connection. The City Manager, in conjunction with the Director of Business Services, shall reimburse the City's authorized agents for the cost associated with the construction of such connections and the City Manager or his authorized designee is authorized to recoup the costs of constructing such connections through the charges set in Section 943.02 (a). The City Manager, and his or her authorized designee, is hereby authorized and directed to provide for reasonable and appropriate economic development incentives related to the construction and installation of connections on a case by case basis to encourage and foster the continued growth of the City's business community.

   (c)    Tampering with Data Center, Fiber Network, Conduit Network; Unauthorized Connections. No person, without the consent of the City or its authorized agent, shall connect, tap, tamper, reconnect, sever, open, interfere or otherwise make any unauthorized connections, attachments or alterations to the data center, fiber network or conduit network.

   (d)    Access to Fiber Network; Inspections.

      (1)    The Executive Director of Infrastructure and his or her authorized agents are authorized to install the Fiber Network and or Conduit Network and provide for the necessary connection to, and maintenance for, any and all properties served by the Fiber Network and or Conduit Network.

      (2)    The Executive Director of Infrastructure or his or her authorized agents are authorized to enter upon any land and into any building which has heretofore, or is hereafter, connected directly or indirectly to the Fiber Network and or Conduit Network for the purpose of installing, removing, repairing, maintaining, and inspecting the connections to the Fiber Network and or Conduit Network.

      (3)    Service may be terminated for failure of a customer to provide land or building access to the Fiber Network and or Conduit Network for the purpose of installing connections to, or maintaining, the Fiber Network and or Conduit Network, after being given notice and a reasonable time in which to comply with such notice.

      (4)    The customer shall pay the appropriate service termination and resumption charges as provided in this chapter for denying access to the Executive Director of Infrastructure or his or her authorized agents for the purpose of installing connections to, and maintaining, the Fiber Network and or Conduit Network.

   (e)    Penalty. Whoever violates any provision of this Chapter, or fails, refuses, or neglects to comply with the reasonable directions or demands of the City Manager or his authorized agent or designee issued pursuant to the provisions of this Chapter shall be guilty of a misdemeanor of the first degree. A separate offense shall be deemed committed for each day that a violation occurs or continues.

(Ord. 2022-3-20. Passed 3-9-22.)