Title
Central Arizona Water Conservation District Land Use Licenses for City of Phoenix Fiber Optic Facilities (Ordinance S-47091)
Description
Request to authorize the City Manager, or his designee, to enter into two land use licenses with Central Arizona Water Conservation District (CAWCD) for City of Phoenix facilities installed in CAWCD-controlled land at three locations: 22nd Street and Deer Valley Drive, Cave Creek Road and Deer Valley Drive, and 7th Street and Happy Valley Road. Further request the City Council to grant an exception pursuant to Phoenix City Code 42-20 to authorize inclusion in the documents pertaining to this transaction of indemnification and assumption of liability provisions that otherwise should be prohibited by Phoenix City Code 42-18. There is no financial impact to the City of Phoenix.
Report
Summary
In 2015, CAWCD granted permission to the City of Phoenix to install fiber optic facilities within CAWCD-controlled land prior to the execution of necessary land use licenses. The fiber optic installation was for the sole purpose of controlling City-owned traffic signals located within City rights-of-way, and the fiber optic installation was completed August 2015. CAWCD recently noted that the land use licenses were never executed and is requesting the City execute them retroactively to the original date of installation. The land use licenses are necessary for the City of Phoenix to continue to operate and maintain its fiber optic facilities that encroach upon CAWCD-controlled land.
Contract Term
The term of the licenses shall be for 25 years beginning retroactively from date of installation of City facilities on Aug. 24, 2015 and ending Aug. 23, 2040. The licenses may be renewed upon written agreement by the parties.
Financial Impact
There is no financial impact to the City of Phoenix for this license.
Location
7th Street and Happy Valley Road
Council District: 1
22nd Street and Deer Valley Drive
Council District: 2
Cave Creek Road and Deer Valley Drive
Council District: 2
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street Transportation Department.