Ordinance - 2022 - 864 - Amending Title 6 "Public Ways And Property" And Adding Chapter 8 "Municipal Fiber-Optic System" - 05/24/2022 ORDINANCE NO. 864
AN ORDINANCE OF THE CITY OF EAGLE, ADA, COUNTY IDAHO, AMENDING TITLE 6
"PUBLIC WAYS AND PROPERTY" BY ADDING CHAPTER 8 "MUNICIPAL FIBER-OPTIC
SYSTEM"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under
the laws of the State of Idaho; and
WHEREAS, the Mayor and City Council have determined that it is in the best interest of the City
and its residents to establish a city-owned and operated fiber-optic system; and
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
EAGLE, IDAHO, AS FOLLOWS:
Section 1: That Title 6 "Public Ways and Property", Chapter 8 "Municipal Fiber-Optic System",
be and is hereby added to read as follows:
TITLE 6
PUBLIC WAYS AND PROPERTY
CHAPTER 8
MUNICIPAL FIBER-OPTIC SYSTEM
SECTION:
10-1-1: Purpose
10-1-2: Definitions
10-" : Ownership, Control And Management
10-1-4: No Obligation To Serve
10-1-6: Applicability
10-1-6: Transfer Of Rights Prohibited
10-1-7: Billings
10-1-8: Limitations
10-1-S: Rights Of Way
10-1-10: Liability For Interruptions
10-1-11: Shut-Down For Repairs
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10-1-12: Interference With The Fiber-Optic System
10-1-13: Protection Of The Customer's Equipment
10-1-14: Tampering With Fiber-Optic System Prohibited
10-1-15: Theft Of Access Or Use
10-1-16: Violations And Penalties
10-1-17: Required Municipal Fiber Infrastructure Construction
10-1-1: PURPOSE:
The purpose of this chapter is to establish a City owned municipal fiber-optic system which
provides digital access to meet the needs of:
A. Residents;
B. Businesses;
C. City departments;
D. Public safety;
E. Community anchor institutions;
F. Other publicly owned and operated facilities.
To protect the public right of way by improving both the management and regulation of
competing demands through the elimination of duplicate fiber-optic facilities within the public
right of way.
To reduce the cost of maintaining the sidewalk, pavement and public facilities located within the
public right of way by minimizing the number of pavement cuts and dislocation of other public
facilities necessitated by the construction or installation of multiple fiber-optic facilities.
To foster competition among retail broadband service providers by providing open access to the
Eagle municipal fiber-optic system.
To protect the cost of broadband services by eliminating anti-competitive pricing schemes or
monopolistic practices which contribute to higher costs for broadband services.
To protect the ability of retail broadband service providers to reach subscribers and provide
service without undue competition or regulation by a tax-supported entity.
To encourage the systematic development of the Eagle municipal fiber system and in turn
maximize the availability of network, Internet Protocol, and broadband services to residents and
businesses within the City of Eagle.
To protect and control access to public right of way, and to extend life of City streets and other
publicly owned infrastructure and reduce the cost of ongoing maintenance by encouraging
cooperation between utility companies, public agencies, and City departments.
To create local resilience and the ability to support local communication if access to an internet
exchange point is temporarily cut off or in the event of a cyber-attack on public internet
infrastructure.
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To enable network services which require a greater level of privacy, security, or reliability than is
available across the public internet.
10-1-2: DEFINITIONS:
Certain terms used in this chapter shall have the meanings ascribed below:
ACCESS: Access to or use of the fiber system in the form of either lit transport service or
dark fiber strand leasing.
CITY: The City of Eagle, Idaho.
CONDUIT: Refers to a tube, duct, structure, boxes or other device designed for enclosing
fiber optic or copper networking cables.
CUSTOMER: A retail or wholesale user of the fiber-optic system.
DEMARCATION POINT: The point of connection on an Optical Network Terminal or
Network Interface Device at which the municipal fiber-optic system ends, and a point of
interconnection is established for the customer's use.
FACILITIES OR INFRASTRUCTURE: Refer to wires, cables, conduit, switches,
transmission equipment or other equipment for use in transmitting or processing network,
Internet Protocol, or broadband services or for providing support or connection to such
equipment.
FIBER-OPTIC CABLE: A high-speed data transmission medium. It contains tiny glass or
plastic filaments that carry light beams. Digital data is transmitted through the cable via rapid
pulses of light.
FIBER-OPTIC DIRECTOR: The designee appointed by the Mayor that is responsible to
oversee fiber-optic operations as set forth in City Code and policy.
FIBER-OPTIC SYSTEM: The City owned fiber-optic system, including all fiber, facilities,
equipment, and appurtenances.
INTERNET PROTOCOL (IP): A set of rules for routing and addressing packets of data so that
they can travel across networks and arrive at the correct destination.
PROVIDER: A retail Internet Protocol (IP) service provider.
PUBLIC RIGHT OF WAY or ROW: Means the area across, along, beneath, in, on, over,
under, upon, and within public alleys, boulevards, courts, lanes, roads, sidewalks, spaces,
streets, and other publicly owned property within the City of Eagle.
SERVICE: Any future or current, retail or customer network, IP, or broadband service which
may be transported utilizing the fiber-optic system.
SUBSCRIBER: A current or potential provider customer.
TRANSPORT:Lit transport service consisting of Ethernet services as supported by the
municipal fiber-optic system.
10-1-3: OWNERSHIP, CONTROL AND MANAGEMENT:
The City shall have exclusive and complete ownership, control, and management of the fiber-
optic system within all demarcation points, which shall include the device or interface provided
for interconnection. The City may make such rules and regulations as are necessary for the
operation of the fiber-optic system both inside and outside the City limits.
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10-1-4: NO OBLIGATION TO SERVE:
The City shall have no obligation to provide access to any provider or subscriber. The City
reserves the right to limit or refuse access at its sole discretion, provided access shall not be
denied or limited contrary to law including, but not limited to, on the basis of race, religion, age,
national origin, or gender.
10-1-5: APPLICABILITY:
The provisions of this chapter shall apply only to the fiber-optic system. Nothing herein shall be
construed or deemed to regulate the delivery of communications or data services over or across
lines, facilities, or equipment owned by a private communications provider, or which may be in
the public right of way pursuant to a franchise, lease, or other license or privilege granted by the
City.
10-1-6: TRANSFER OF RIGHTS PROHIBITED:
All rights to access and any rights or privileges arising under the provisions of this chapter shall
not be transferred to any person or entity without the express written approval of the Fiber Optic
Director.
10-1-7: BILLINGS:
Municipal fiber-optic system access and installation shall be billed to the customer in
accordance with a schedule of fees and rates as established by Resolution of the City Council.
10-1-8: LIMITATIONS:
Fiber-optic system access may be supplied under a given rate schedule provided that the fiber-
optic system can meet the requirements of the rate schedule applicable thereto. The City shall
not be obligated to construct extensions or install additional facilities necessary to meet a
customer's needs, except as explicitly authorized by the Fiber Optic Director.
Nothing herein shall be construed or deemed to prevent the City from negotiating separate
contracts with any customer solely for the purpose of obtaining assistance in constructing or
installing additional infrastructure for the benefit of said customer. Such negotiations shall be
handled by the Fiber Optic Director and approved by City Council.
10-1-9: RIGHTS OF WAY:
At the City's discretion in order to receive access, transport, or infrastructure services, the City
may require the customer and/or the land owner's dedication or conveyance of a utility
easement in order to facilitate the installation, operation, and maintenance of the City's fiber
system, over, across and upon property owned or controlled by the customer/land owner. Such
utility easement may also be used for the purpose of connecting and providing access to other
customers of the City. Such utility easement shall permit access thereto by authorized
representatives of the City both for initial installation and for maintenance and/or repairs
thereafter at all reasonable hours or at any time in any emergency.
10-1-10: LIABILITY FOR INTERRUPTIONS:
The City shall not be liable for any loss, injury, or damage of any kind, including, but not limited
to, consequential, special, and punitive damages, resulting from the interruption, reduction, loss,
or restoration of access from any cause, including without limitation any loss by fire, flood,
accident, casualty, sabotage, terrorist act, strike, labor slow-down, act of God or the public
enemy or failure or inadequacy of the fiber-optic system. The City disclaims any express or
implied warranty of merchantability or fitness for a particular purpose and the delivery of access
to any customer shall not be construed as or deemed to be the delivery of goods under the
Idaho Uniform Commercial Code. By acceptance of transport or infrastructure, the customer
agrees to, and shall be deemed to, waive all claims for damage or loss to the customer's lines,
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facilities, or communications equipment caused by any act or omission of the City, however,
nothing herein shall be deemed or construed as a waiver of any claim for damage or liability
arising out of the gross negligence or malicious act of the City, or its agents.
10-1-11: SHUT-DOWN FOR REPAIRS:
For the purpose of making necessary repairs, upgrades, or changes to the municipal fiber-optic
system, or to avoid damage to property or to persons, the City may without prior notice to the
customer suspend access for such periods as may be reasonably necessary to make such
repairs, upgrades or changes and the City shall not be liable for damage of any kind, direct or
indirect, because of such discontinuance of access.
10-1-12: INTERFERENCE WITH THE FIBER-OPTIC SYSTEM:
The City may refuse to supply access where there is a possibility that the delivery of such may
seriously impair or disrupt any other customers, or which may disrupt the operation of the fiber-
optic system. The City may also discontinue or disconnect access for a customer if the
customer, by their use of the fiber-optic system, impairs any other customer's use of the fiber-
optic system. The City may also, without prior notice, suspend or disconnect any customer
using the fiber-optic system for the purposes of delivering any virus, spam, spyware, denial of
service attacks, or any other illegal or malicious purpose which has the effect of or is intended to
impair or impede the operation of the fiber-optic system, the internet, or any public or private
computer or computer network connected thereto or for the purpose of obtaining illegal or
unauthorized access to other computers or networks connected to the fiber-optic system.
10-1-13: PROTECTION OF THE CUSTOMER'S EQUIPMENT:
The customer is solely responsible for the selection, installation and maintenance of all
equipment and wiring on the customer side of the demarcation point. The customer shall install
and maintain suitable protective devices and equipment to protect life and property from harm or
injury and the City assumes no duty to warn or otherwise assist the customer in the selection or
use of such protective devices.
10-1-14: TAMPERING WITH FIBER-OPTIC SYSTEM PROHIBITED:
Other than City representatives working under the supervision of the Fiber Optic Director, no
person shall connect to, adjust, tamper with, or make any alteration or addition to the fiber-optic
system, without having first obtained written permission from the Fiber Optic Director. Any
person who willfully or maliciously causes damage to, interference with or obstruction to the
efficient operation of the fiber-optic system shall be guilty of a misdemeanor. Any person who
causes such damage shall in addition to any criminal fines or penalties, be liable to the City for
any reasonable damages which may be proximately caused by such damage or interference.
Such amounts may be included upon the customer's regular monthly billing statement for utility
service and upon the customer's failure or refusal to pay such charges, fiber-optic system
access or any other public utility service provided by the City, may be terminated in accordance
with the procedures set forth in this chapter.
10-1-15: THEFT OF ACCESS OR USE:
It shall be unlawful for any person to make any connection to or install or construct any facility or
equipment with the specific intent of obtaining access from or making use of the fiber-optic
system, without paying for such access or without paying the fees and charges established by
the provisions set forth in this chapter.
10-1-16: VIOLATIONS AND PENALTIES:
Any violation of the provisions of this chapter shall be deemed a misdemeanor and shall be
subject to penalties prescribed for such violations under section of this code.
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10-1-17: 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.
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Section 2: The provisions of this ordinance are hereby declared to be severable and if any
provision of this act or the application of such provision to any person or circumstance is
declared invalid for any reason, such declaration shall not affect the validity of remaining
portions of this ordinance.
Section 3: This ordinance shall take effect and be in force from and after its passage, approval,
and publication as required by law. In lieu of publication of the entire ordinance, a summary
thereof in compliance with Section 50-901A, Idaho Code, may be published.
Approved and adopted this 0N day of Mal 2022.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
a
Pierce, Mayor
A ST: •.••• GLE ,
Off••• , NTE •••* ,
Tr cy E. orn, Eagle City Clerkb i / y Ei O
4)4 ..
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CHAPTER 8
MUNICIPAL FIBER-OPTIC SYSTEM
SECTION:
6-8-1: Purpose
6-8-2: Definitions
6-8-3: Ownership, Control And Management
6-8-4: No Obligation To Serve
6-8-5:Applicability
6-8-6: Transfer Of Rights Prohibited
6-8-7: Billings
6-8-8: Limitations
6-8-9: Rights Of Way
6-8-10: Liability For Interruptions
6-8-11: Shut-Down For Repairs
6-8-12: Interference With The Fiber-Optic System
6-8-13: Protection Of The Customer's Equipment
6-8-14: Tampering With Fiber-Optic System Prohibited
6-8-15: Theft Of Access Or Use
6-8-16:Violations And Penalties
6-8-17: Required Municipal Fiber Infrastructure Construction
6-8-1: PURPOSE:
The purpose of this chapter is to establish a City owned municipal fiber-optic system which provides digital access to meet the
needs of:
A. Residents;
B. Businesses;
C. City departments;
D. Public safety;
E. Community anchor institutions;
F. Other publicly owned and operated facilities.
To protect the public right of way by improving both the management and regulation of competing demands through the elimination
of duplicate fiber-optic facilities within the public right of way.
To reduce the cost of maintaining the sidewalk, pavement and public facilities located within the public right of way by minimizing
the number of pavement cuts and dislocation of other public facilities necessitated by the construction or installation of multiple
fiber-optic facilities.
To foster competition among retail broadband service providers by providing open access to the Eagle municipal fiber-optic system.
To protect the cost of broadband services by eliminating anti-competitive pricing schemes or monopolistic practices which contribute
to higher costs for broadband services.
To protect the ability of retail broadband service providers to reach subscribers and provide service without undue competition or
regulation by a tax-supported entity.
To encourage the systematic development of the Eagle municipal fiber system and in turn maximize the availability of network,
Internet Protocol, and broadband services to residents and businesses within the City of Eagle.
To protect and control access to public right of way, and to extend life of City streets and other publicly owned infrastructure and
reduce the cost of ongoing maintenance by encouraging cooperation between utility companies, public agencies, and City
departments.
To create local resilience and the ability to support local communication if access to an internet exchange point is temporarily cut off
or in the event of a cyber-attack on public internet infrastructure.
To enable network services which require a greater level of privacy, security, or reliability than is available across the public internet.
(Ord. 864, 5-24-2022)
6-8-2: DEFINITIONS:
Certain terms used in this chapter shall have the meanings ascribed below:
ACCESS: Access to or use of the fiber system in the form of either lit
transport service or dark fiber strand leasing.
CITY: The City of Eagle, Idaho.
CONDUIT: Refers to a tube, duct, structure, boxes or other device designed
for enclosing fiber optic or copper networking cables.
CUSTOMER: A retail or wholesale user of the fiber-optic system.
The point of connection on an Optical Network Terminal or
DEMARCATION POINT Network Interface Device at which the municipal fiber-optic
system ends, and a point of interconnection is established for the
customers use.
Refer to wires, cables, conduit, switches, transmission equipment
FACILITIES OR or other equipment for use in transmitting or processing network,
INFRASTRUCTURE: Internet Protocol, or broadband services or for providing support
or connection to such equipment.
A high-speed data transmission medium. It contains tiny glass or
FIBER-OPTIC CABLE: plastic filaments that carry light beams. Digital data is transmitted
through the cable via rapid pulses of light.
The designee appointed by the Mayor that is responsible to
FIBER-OPTIC DIRECTOR: oversee fiber-optic operations as set forth in City Code and
policy.
FIBER-OPTIC SYSTEM: The City owned fiber-optic system, including all fiber, facilities,
equipment, and appurtenances.
A set of rules for routing and addressing packets of data so that
INTERNET PROTOCOL(IP): they can travel across networks and arrive at the correct
destination.
PROVIDER: A retail Internet Protocol (IP)service provider.
Means the area across, along, beneath, in, on, over, under, upon,
PUBLIC RIGHT OF WAY or and within public alleys, boulevards, courts, lanes, roads,
ROW: sidewalks, spaces, streets, and other publicly owned property
within the City of Eagle.
Any future or current, retail or customer network, IP, or
SERVICE: broadband service which may be transported utilizing the fiber-
optic system.
SUBSCRIBER: A current or potential provider customer.
TRANSPORT Lit transport service consisting of Ethernet services as supported
by the municipal fiber-optic system. (Ord. 864, 5-24-2022)
6-8-3: OWNERSHIP, CONTROL AND MANAGEMENT:
The City shall have exclusive and complete ownership, control, and management of the fiber-optic system within all demarcation
points, which shall include the device or interface provided for interconnection. The City may make such rules and regulations as
are necessary for the operation of the fiber-optic system both inside and outside the City limits. (Ord. 864, 5-24-2022)
6-8-4: NO OBLIGATION TO SERVE:
The City shall have no obligation to provide access to any provider or subscriber. The City reserves the right to limit or refuse
access at its sole discretion, provided access shall not be denied or limited contrary to law including, but not limited to, on the basis
of race, religion, age, national origin, or gender. (Ord. 864, 5-24-2022)
6-8-5:APPLICABILITY:
The provisions of this chapter shall apply only to the fiber-optic system. Nothing herein shall be construed or deemed to regulate
the delivery of communications or data services over or across lines, facilities, or equipment owned by a private communications
provider, or which may be in the public right of way pursuant to a franchise, lease, or other license or privilege granted by the City.
(Ord. 864, 5-24-2022)
6-8-6: TRANSFER OF RIGHTS PROHIBITED:
All rights to access and any rights or privileges arising under the provisions of this chapter shall not be transferred to any person or
entity without the express written approval of the Fiber Optic Director. (Ord. 864, 5-24-2022)
6-8-7: BILLINGS:
Municipal fiber-optic system access and installation shall be billed to the customer in accordance with a schedule of fees and rates
as established by Resolution of the City Council. (Ord. 864, 5-24-2022)
6-8-8: LIMITATIONS:
Fiber-optic system access may be supplied under a given rate schedule provided that the fiber-optic system can meet the
requirements of the rate schedule applicable thereto. The City shall not be obligated to construct extensions or install additional
facilities necessary to meet a customer's needs, except as explicitly authorized by the Fiber Optic Director.
Nothing herein shall be construed or deemed to prevent the City from negotiating separate contracts with any customer solely for
the purpose of obtaining assistance in constructing or installing additional infrastructure for the benefit of said customer. Such
negotiations shall be handled by the Fiber Optic Director and approved by City Council. (Ord. 864, 5-24-2022)
6-8-9: RIGHTS OF WAY:
At the City's discretion in order to receive access, transport, or infrastructure services, the City may require the customer and/or the
land owner's dedication or conveyance of a utility easement in order to facilitate the installation, operation, and maintenance of the
City's fiber system, over, across and upon property owned or controlled by the customer/land owner. Such utility easement may
also be used for the purpose of connecting and providing access to other customers of the City. Such utility easement shall permit
access thereto by authorized representatives of the City both for initial installation and for maintenance and/or repairs thereafter at
all reasonable hours or at any time in any emergency. (Ord. 864, 5-24-2022)
6-8-10: LIABILITY FOR INTERRUPTIONS:
The City shall not be liable for any loss, injury, or damage of any kind, including, but not limited to, consequential, special, and
punitive damages, resulting from the interruption, reduction, loss, or restoration of access from any cause, including without
limitation any loss by fire, flood, accident, casualty, sabotage, terrorist act, strike, labor slow-down, act of God or the public enemy
or failure or inadequacy of the fiber-optic system. The City disclaims any express or implied warranty of merchantability or fitness
for a particular purpose and the delivery of access to any customer shall not be construed as or deemed to be the delivery of goods
under the Idaho Uniform Commercial Code. By acceptance of transport or infrastructure, the customer agrees to, and shall be
deemed to, waive all claims for damage or loss to the customer's lines, facilities, or communications equipment caused by any act
or omission of the City, however, nothing herein shall be deemed or construed as a waiver of any claim for damage or liability
arising out of the gross negligence or malicious act of the City, or its agents. (Ord. 864, 5-24-2022)
6-8-11: SHUT-DOWN FOR REPAIRS:
For the purpose of making necessary repairs, upgrades, or changes to the municipal fiber-optic system, or to avoid damage to
property or to persons, the City may without prior notice to the customer suspend access for such periods as may be reasonably
necessary to make such repairs, upgrades or changes and the City shall not be liable for damage of any kind, direct or indirect,
because of such discontinuance of access. (Ord. 864, 5-24-2022)
6-8-12: INTERFERENCE WITH THE FIBER-OPTIC SYSTEM:
The City may refuse to supply access where there is a possibility that the delivery of such may seriously impair or disrupt any other
customers, or which may disrupt the operation of the fiber-optic system. The City may also discontinue or disconnect access for a
customer if the customer, by their use of the fiber-optic system, impairs any other customer's use of the fiber-optic system. The City
may also, without prior notice, suspend or disconnect any customer using the fiber-optic system for the purposes of delivering any
virus, spam, spyware, denial of service attacks, or any other illegal or malicious purpose which has the effect of or is intended to
impair or impede the operation of the fiber-optic system, the internet, or any public or private computer or computer network
connected thereto or for the purpose of obtaining illegal or unauthorized access to other computers or networks connected to the
fiber-optic system. (Ord. 864, 5-24-2022)
6-8-13: PROTECTION OF THE CUSTOMER'S EQUIPMENT:
The customer is solely responsible for the selection, installation and maintenance of all equipment and wiring on the customer side
of the demarcation point. The customer shall install and maintain suitable protective devices and equipment to protect life and
property from harm or injury and the City assumes no duty to warn or otherwise assist the customer in the selection or use of such
protective devices. (Ord. 864, 5-24-2022)
6-8-14: TAMPERING WITH FIBER-OPTIC SYSTEM PROHIBITED:
Other than City representatives working under the supervision of the Fiber Optic Director, no person shall connect to, adjust, tamper
with, or make any alteration or addition to the fiber-optic system,without having first obtained written permission from the Fiber
Optic Director.Any person who willfully or maliciously causes damage to, interference with or obstruction to the efficient operation of
the fiber-optic system shall be guilty of a misdemeanor.Any person who causes such damage shall in addition to any criminal fines
or penalties, be liable to the City for any reasonable damages which may be proximately caused by such damage or interference.
Such amounts may be included upon the customer's regular monthly billing statement for utility service and upon the customer's
failure or refusal to pay such charges,fiber-optic system access or any other public utility service provided by the City, may be
terminated in accordance with the procedures set forth in this chapter. (Ord. 864, 5-24-2022)
6-8-15: THEFT OF ACCESS OR USE:
It shall be unlawful for any person to make any connection to or install or construct any facility or equipment with the specific intent
of obtaining access from or making use of the fiber-optic system, without paying for such access or without paying the fees and
charges established by the provisions set forth in this chapter. (Ord. 864, 5-24-2022)
6-8-16:VIOLATIONS AND PENALTIES:
Any violation of the provisions of this chapter shall be deemed a misdemeanor and shall be subject to penalties prescribed for such
violations under section 1-4-1 of this code. (Ord. 864, 5-24-2022)
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)