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File #: DC-4533    Version: 1
Type: Consent Action Status: Passed
File created: 5/2/2025 In control: Board of Commissioners
On agenda: 6/24/2025 Final action: 6/24/2025
Enactment date: 6/24/2025 Resolution #: 25-286
Title: Authorization To Execute Fiber Optic Indefeasible Right To Use Agreement With City Of Apple Valley, Accept Permanent Utility Easement With City Of Apple Valley And Approve Encroachment With Metropolitan Council
Sponsors: Information Technology
Attachments: 1. Apple Valley Fiber IRU Agreement

DEPARTMENT: Information Technology

FILE TYPE: Consent Action

 

TITLE

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Authorization To Execute Fiber Optic Indefeasible Right To Use Agreement With City Of Apple Valley, Accept Permanent Utility Easement With City Of Apple Valley And Approve Encroachment With Metropolitan Council

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PURPOSE/ACTION REQUESTED

Authorize the Deputy County Manager to execute a Fiber Optic Indefeasible Right To Use Agreement (IRU) with the City of Apple Valley for use of unused fiber in the Dakota County owned institutional network backbone, accept a permanent utility easement with the City of Apple Valley and authorize the Deputy County Manager to execute an encroachment on Metropolitan Council property.

 

SUMMARY

The City of Apple Valley desires to trade the use of two fibers from the County for a utility easement as described in the agreement.

 

Apple Valley intends to use the fiber to connect the Valley Acres Police Range located at 1785 Yankee Doodle Road in Eagan to the Apple Valley Municipal Center located at 7100 147th Street West in Apple Valley. The IRU is for an initial period of ten years starting with the approval of the agreement, with two optional five-year renewals.

 

The County will be provided a permanent utility easement over Lot 1, Block 1, Valley Acres in Eagan for utility purposes.

 

RECOMMENDATION

recommendation

Staff recommends the County Board authorize the Deputy County Manager to execute an IRU with the City of Apple Valley, a permanent utility easement with the City of Apple Valley and encroachment agreement with the Metropolitan Council.

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EXPLANATION OF FISCAL/FTE IMPACTS

Funding for this contract is included in the 2025 Information Technology budget.

 

  None              Current budget              Other        

  Amendment Requested                           New FTE(s) requested

 

RESOLUTION

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WHEREAS, the City of Apple Valley desires to trade the use of two fibers from the County for a utility easement as described in this Agreement; and

 

WHEREAS, Dakota County has unused fiber available; and

 

WHEREAS, a Fiber Optic Indefeasible Right To Use Agreement with the City of Apple Valley is required for use of County fiber optic cable.

 

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Deputy County Manager to execute an IRU with the City of Apple Valley to trade the use of two fibers from the County for a utility easement of County-owned Institutional Network Backbone, subject to approval by the County Attorney’s Office as to form; and

 

BE IT FURTHER RESOLVED, That Dakota County accepts a permanent easement with the City of Apple Valley for this project; and

 

BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Deputy County Manager to execute an encroachment agreement on Metropolitan Council property for this project.

 

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PREVIOUS BOARD ACTION

None.

 

ATTACHMENTS

Attachment: City of Apple Valley IRU

 

BOARD GOALS

   Thriving People        A Healthy Environment with Quality Natural Resources

   A Successful Place for Business and Jobs         Excellence in Public Service

 

CONTACT

Department Head: Tony Gomes

Author: Dan Ferber