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ORDINANCE NO. 2024-45 AN ORDINANCE (1) AUTHORIZING THE EXECUTION OF A DUCT AND CONDUIT SPACE LICENSE AGREEMENT WITH THE SOUTHSIDE NETWORK AUTHORITY FOR THE OCCUPANCY OF A PORTION OF PORTSMOUTH'S FIBER CONDUIT ACROSS THE WEST NORFOLK BRIDGE AND (2) APPROPRIATING THE SUM OF $1,300,000 ANTICIPATED TO BE RECEIVED AS A RESULT OF SAID AGREEMENT TO THE FIBER NETWORK PROJECT IN THE MUNICIPAL FACILITIES CATEGORY OF THE FY 2024 CAPITAL IMPROVEMENT FUND BUDGET. WHEREAS, the City of Portsmouth (the "City") is a member jurisdiction of the Southside Network Authority (the "Authority"), together with the Cities of Chesapeake, Norfolk, Suffolk and Virginia Beach (collectively, the "Member Localities"); and WHEREAS, the City owns a 4" fiber optic cable conduit across the West Norfolk Bridge (the "Conduit"), and the Conduit has more space than the City needs for its own fiber optic network; and WHEREA, the Authority is currently constructing its own 119 -mile regional fiber optic network, and has requested to lease space in the Conduit to hold 864 strands of fiber optic cable; and WHEREAS, there has been presented to this meeting a draft of the Duct and Conduit Space License Agreement, as well as other background information; and WHEREAS, the City desires to proceed and enter into the Duct and Conduit Space License Agreement, under substantially the terms set forth in the draft; NOW THEREFORE BE IT ORDAINED by the Council of the City of Portsmouth, Virginia that: 1. It approves the Duct and Conduit Space License Agreement, and authorizes the City Manager to execute the Duct and Conduit Space License Agreement in substantially the form attached hereto as Exhibit A, with such final corrections and amendments as may be necessary and proper, such necessity and propriety being conclusively evidenced by signature of the Duct and Conduit Space License Agreement. 2. The City Manager is authorized to take such further actions and execute such further instruments as are consistent with the purpose of this Ordinance. 3. That the sum of $1,300,000 anticipated to be received as a result of said Duct Conduit Space License Agreement is appropriated to the Fiber Network Project in the Municipal Facilities Category of the FY 2024 Capital Improvement Fund Budget.