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ORDINANCE NO. 2024-04 AN ORDINANCE SETTING RATES AND TERMS FOR SHORT-TERM DARK FIBER LEASES. WHEREAS, the City of Portsmouth constructed a fiber optic network for the purpose of providing improved and cheaper broadband communications capabilities to City government and related facilities; and WHEREAS, the network has more fiber strands than the City requires to meet its communications needs; and WHEREAS, the City therefore desires to offer excess fiber strands for short-term lease by holders of fiber and/or cable Franchise Agreements approved by City Council; and WHEREAS, City Council desires to establish the rates and terms applicable to such leases; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That the rates for the short-term lease of fiber shall be $900 per strand per mile per month for bridge crossings and $450 per strand per mile per month for all other areas. 2. That the following terms and conditions shall apply to the short-term lease of fiber: a. All testing and connection fees shall be paid by the lessee. b. The term "mile" shall refer to each linear mile as shown in the City's as -built drawings of the fiber optic network. c. The bridge crossing rate shall apply to the distance between the two closest demarcation points on each side of the bridge. d. The minimum leased area must be at least one mile. e. The term of the lease must not be less than three months nor more than five years. f. To be eligible to lease, the lessee or its affiliate must have been approved by City Council for a fiber and/or cable Franchise Agreement. g. The lease shall include such other terms and conditions protective of the City as may be deemed appropriate by the City Manager and the City Attorney. 3. That, except as otherwise directed by City Council, the City Manager is authorized to enter into short-term leases meeting all of the above terms and conditions, and at the rate set forth herein, on behalf of the City. 4. That only excess fibers shall be leased, and nothing in this ordinance shall be deemed to require the City Manager to enter into a short-term lease for strands which City Council or the City Manager determines may, as of execution of lease or during the term of the lease, be required for other uses. That this ordinance shall take effect on the date of adoption.