Draft Forged Fiber 37 franchise agreement placed before council; key terms include 10‑year term, public‑ROW use and permit obligations

The Council packet included a draft Non‑Exclusive Public ROW Franchise Agreement between Willard City and Forged Fiber 37, LLC that would permit the company to construct, install, repair, maintain and operate fiber infrastructure in the City’s public rights‑of‑way. The document describes the Network Facilities (aerial and underground fiber, conduits, vaults, cabinets and related equipment) and states the franchise is non‑exclusive, subject to federal, state and local law, and subordinate to the City’s prior ROW uses. The draft requires the franchisee to obtain individual encroachment and construction permits, pay processing and inspection fees, exercise reasonable care, maintain as‑built drawings and promptly repair damages caused by its work. The draft sets an Original Term of ten years with automatic ten‑year renewals unless notice not to renew is given at least 90 days prior; however fees, performance bond amount and specific insurance limits are listed “to be determined.” The agreement includes relocation provisions (emergency removal by City, relocation to accommodate governmental or certain non‑governmental purposes), indemnity and a limitation on indirect damages. The draft also states the franchise is not effective until the Council approves it by resolution and that Franchisee must provide performance and payment bonds and certificates of insurance prior to commencement. The contract text and the agenda entry show the item was submitted by Jill Okun for Council consideration; the packet materials do not record a Council approval or vote in the provided documents.