HomeMy WebLinkAboutContract 25997 06-20-OOPO4 :52 RCVD
CITY SECRETARr
CONTRACT NO. q
PUBLIC RIGHT-OF-WAY USE AGREEMENT
This PUBLIC RIGHT-OF-WAY USE AGREEMENT ("Agreement") is hereby made
and entered into by and between the CITY OF FORT WORTH, a home rule municipal
corporation organized under the laws of the State of Texas and acting by and through Charles
Boswell, its duly authorized Assistant City Manager, and TXU COMMUNICATIONS
TELECOM SERVICES COMPANY d/b/a TXU COMMUNICATIONS, a Texas
corporation acting by and through Charles R. Udell, Jr., its duly authorized Vice President.
The following statements are true and correct and constitute the basis of this Agreement:
A. Company is a Certificated Telecommunications Provider. A copy of Company's
certificate of convenience and necessity, certificate of operating authority or special provider
certificate of operating authority is attached hereto as Exhibit "A" and hereby made a part of
this Agreement for all purposes.
B. In accordance with Chapter 283 of the Texas Local Government Code, a
Certificated Telecommunications Provider is entitled to erect poles or construct conduit, cable,
switches and related appurtenances and facilities and excavate within the Public Rights-of-Way
in order to provide telecommunications services other than Cable Services. Company wishes to
excavate in the Public Rights-of-Way in order to provide telecommunications services other than
Cable Services in the City.
C. In accordance with Chapter 283 of the Texas Local Government Code, a
municipality may exercise police power-based regulations in the management of the use of its
public rights-of-way by a Certificated Telecommunications Provider in order to protect the
health, safety and welfare of the public. The City wishes to set forth reasonable regulations and
requirements in this Agreement for the use of the Public Rights-of-Way by Company and
Company is willing to abide by such regulations.
Agreement
1. DEFINITIONS.
Capitalized terms used in this Agreement and not otherwise defined within this
Agreement shall have the following meanings:
Access Line shall mean, unless the PUC adopts a different definition pursuant to Section
283.003 of the Texas Local Government Code, a unit of measurement
representing (i) each switched transmission path of the Transmission Media (a)
that is physically within a Public Right-of-Way extended to the end-use
customer's premises within the City; (b)that allows the delivery of local exchange
telephone services within the City; and (c) that is provided by means of owned
Facilities, unbundled network elements or leased Facilities, or resale; or (ii) each
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termination point or points of a nonswitched telephone or other circuit consisting
of Transmission Media located within a Public Right-of-Way connecting specific
locations identified by, and provided to, the end-use customer for delivery of
nonswitched telecommunications services within the City; or (iii) each switched
transmission path within a Public Right-of-Way used to provide central office-
based PBX-type services for systems of any number of stations within the City
(and in that instance, one path shall be counted for every ten (10) stations served).
"Access Line" shall not mean and shall not include (i) interoffice transport or
other Transmission Media that do not terminate at an end-use customer's premises
or(ii) duplicate or multiple assessments of Access Line rates on the provision of a
single service.
Act shall mean the federal Communications Act of 1934, as amended by the
Telecommunications Act of 1996.
Affiliate shall mean any individual, partnership, association,joint stock company, limited
liability company, trust, corporation, or other person or entity who owns or
controls, or is owned or controlled by, or is under common ownership or control
with, the entity in question.
Cable Services shall mean only:
• The one-way transmission to subscribers of(i) Video Programming or (ii) other
programming services, such as digital audio, by which is meant information
which Company makes available generally to all subscribers of Company's Cable
Services, such as digital cable radio service; and
• Subscriber interaction, if any, including, but not limited to, that which is used for
the selection or use of(i) Video Programming or other programming services; (ii)
various on-screen options; (iii) game channels; and (iv) interactive services, such
as the ordering of merchandise and the downloading of programs or data access
Cable Television System shall mean a facility consisting of a set of closed transmission
paths and associated signal generation, reception and control equipment that is
designed to provide Cable Services which are provided to multiple subscribers
within the City, but shall not include (i) a facility that serves only to re-transmit
the television signals of one or more television broadcast stations; (ii) a facility
that serves subscribers without occupying any portion of the Public right-of-way;
(iii) a facility of a common carrier which is subject, in whole or in part, to the
provisions of Title II of the Act, except that, other than for purposes of Section
621(c) of the Act, such a facility shall be considered a Cable Television System to
the extent that such facility is used in the transmission of Video Programming
directly to subscribers, unless the extent of such use is solely to provide
interactive on-demand services; (iv) an open video system that complies with
Section 653 of the Act; or (v) any facilities of any electric utility used solely for
operating its electric utility systems.
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Certificated Telecommunications Provider shall mean a Person to whom the PUC has
issued a (i) certificate of convenience and necessity; (ii) certificate of operating
authority or (iii) service provider certificate of operating authority, as those terms
are defined in Title 2, Subtitle C of the Texas Utilities Code.
Company shall mean TXU Communications Telecom Services Company d/b/a TXU
Communications.
City shall mean the area within the corporate limits of the City of Fort Worth, Texas.
Director shall mean the Director of the City's Transportation/Public Works Department
or authorized representative.
Facilities shall mean all facilities placed in, on, under or above the Public Rights-of-Way
by or on behalf of Company, including, but not limited to, duct spaces, manholes,
poles, conduits, underground and overhead passageways, and other equipment,
structures and appurtenances and all associated Transmission Media in the Public
Rights-of-Way used by Company for purposes other than the provision of Cable
Services or Open Video System Services.
FCC shall mean the Federal Communications Commission.
Open Video System shall mean a facility consisting of a set of transmission paths and
associated signal generation, reception and control equipment that is designed to
provide cable service which includes video programming and which is provided
to multiple subscribers within the City and that has been certified by the FCC as
an Open Video System in accordance with 47 C.F.R. §§ 76.1500 et seq.
Person shall mean an individual, a corporation, a limited liability company, a general or
limited partnership, a sole proprietorship, a joint venture, a business trust or any
other form or business entity or association.
Public Right-of-Way shall mean the area on, below or above a public roadway,
highway, street, public sidewalk, alley, waterway or utility easement in which the
City has an interest, but shall not include (i) the airwaves above such Public
Rights-of-Way with regard to wireless telecommunications or (ii) any other
property of the City.
PUC shall mean the Public Utility Commission of Texas.
Supervisor shall mean the City's Public Utilities Supervisor.
Video Programming shall mean programming provided by, or generally considered
comparable to programming provided by, a television broadcast station.
(09
3.3. Executed Public Right-of-Way Use Agreement.
Company shall provide the Director with a fully executed copy of this Agreement
upon submission of Company's Permit application.
3.4. Bond.
Prior to the commencement of any work in the Public Rights-of-Way in the City
that requires a cut, opening or other excavation, Company shall deliver to the City a bond
executed by a corporate surety authorized to do business in the State of Texas and
acceptable to the City in the amount of Twenty-five Thousand Dollars ($25,000.00) or an
amount sufficient to restore the Public Rights-of-Way affected by the cut, opening or
other excavation if such amount is readily discernible and acceptable to the Director. The
bond shall guarantee that Company shall (i) restore the Public Rights-of-Way affected by
such cut, opening or other excavation in a satisfactory and workmanlike manner (ii)
complete any repairs directly caused by Company's failure to have properly restored such
Public Rights-of-Way for a period of two (2) years following the date of restoration; and
(iii) fully comply with the terms and conditions of the Permit and the City's ordinances
governing excavations in the Public Rights-of-Way.
4. AS-BUILT PLANS AND DRAWINGS.
Company shall provide the Director with as-built plans and drawings of Company's
Facilities within ten (10) calendar days following the completion of such Facilities and annually
thereafter. As-built plans and drawings shall be new drawings or red-lined changes to drawings
previously provided to the Director. Company shall supply the textual documentation of such
as-built plans and drawings in computer format as requested by the City.
5. MUNICIPAL FEE.
Company shall pay the City a quarterly Public Right-of-Way use fee ("Fee") calculated
monthly and based on the then-current Access Line rates for the City adopted by the PUC in
accordance with Section 283.055 of the Texas Local Government Code. Company shall pay the
Fee on a calendar quarterly basis to the Supervisor at the address provided in Section 12 of this
Agreement. The Fee shall be due within forty-five (45) days following the last day of each
quarter.
6. TERM
This Agreement shall become effective on the date of its execution ("Effective Date")
and shall terminate upon the effectiveness of a City ordinance governing the use of the Public
Rights-of-Way by Certificated Telecommunications Providers and other public utilities.
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7. USE OF PUBLIC RIGHTS-OF-WAY.
7.1. No Undue Burden.
Company's Facilities shall not be erected, installed, constructed, repaired,
replaced or maintained in any manner that places an undue burden on the present or
future use of the Public Rights-of-Way by the City and the public. If the City, in its sole
and reasonable judgment, determines that any portion of Company's Facilities do place an
undue burden on a portion of the Public Rights-of-Way, Company, at Company's sole
cost and expense and within a reasonable time period specified by the City, shall modify
its Facilities or take other actions reasonably determined by the City to be in the public
interest to remove or alleviate the burden.
7.2. Minimal Interference.
Company's Facilities shall be erected and maintained in a manner that causes
minimal interference with the public's use of the Public Rights-of-Way and with the
rights or reasonable convenience of the owners of property which adjoins any of the
Public Rights-of-Way. Prior to the undertaking of any kind of construction, installation,
maintenance, repairs or other work that requires the excavation, lane closure, or other
physical use of the Public Rights-of-Way, Company shall provide at least twenty-four
(24) hours' advance written notice to the occupants of property adjacent to those portions
of the Public Rights-of-Way that will be affected. Company shall comply with all
applicable rules, regulations and requirements of the City, including, but not limited to,
those related to permissible hours of construction, operations during peak traffic hours,
barricading requirements and any other construction rules or regulations that may be
promulgated from time to time. In addition, during any such work, Company shall
provide construction and maintenance signs and sufficient barricades at work sites to
protect the public. The application of such traffic control devices shall be consistent with
the standards and provisions of Part VI of the Texas Manual on Uniform Traffic Control
Devices. Company shall utilize appropriate warning lights at all construction and
maintenance sites where one or more traffic lanes are obstructed during nighttime
conditions.
7.3. Underground Facilities.
Company shall bury or have buried any of its underground Facilities at least three
(3) feet below the surface of the Public Rights-of-Way and shall place signs at intervals
reasonably requested by the City that alert the general public of the presence of such
Facilities. In any area designated by the City where the City currently or may in the
future require public utilities to place their Facilities underground, Company shall, when
initially installing its Facilities, also place those Facilities underground.
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7.4. Joint Use.
In order to avoid an undue burden on the infrastructure of the Public Right-of-
Way and an unnecessary proliferation of Facilities above the Public Rights-of-Way
Company shall permit the joint use or co-location of its poles, conduits and Facilities
located in the Public Rights-of-Way by other utilities and entities, provided that
Company may require any such users to pay a reasonable fee and enter into a reasonable
agreement with Company for such use or co-location.
7.5. Relocation of Facilities.
Subject to the conditions set forth herein, the City reserves the right to lay, and
permit to be laid, sewer, gas, water and other pipelines or cables and conduits; to change
and permit to be changed any curb, sidewalk or grade of any street; and to do and permit
to be done any underground, ground level or overhead installation or improvement that
may be deemed necessary or proper by the City, in, across, along, over or under any
Public Right-of-Way, including those occupied or used by Company. In connection with
such work, the City shall have the right to require Company to protect, support,
disconnect, relocate or remove from the Public Rights-of-Way any portion of its
Facilities, and Company, at Company's sole cost and expense, shall take such steps in
accordance with and promptly following receipt of written instructions from the City. If
the City's requirements impose a financial hardship upon Company, Company may
present alternative proposals for the City's consideration. The City shall in no way be
liable for any damage to Company's Facilities that may be caused on account of any such
work, except to the extent directly caused by the negligence or intentional misconduct of
the City, its officers or employees in the course of the performance of a proprietary, and
not a governmental, function. However, nothing herein shall relieve any other person or
corporation from liability for damage to Company's Facilities caused by such person or
corporation.
7.6. Temporary Relocation of Facilities.
Upon advance notice of at least forty-eight (48) hours, Company shall temporarily
raise or lower its wires, cables or other similar Facilities upon the reasonable request of
any person or entity, including, but not limited to, a person or entity with a building
moving permit issued by the City. Company may charge a reasonable fee for this
service, but such fee shall not exceed the actual and direct costs incurred by Company in
the temporary relocation of such Facilities.
7.7. Compliance with Master Thoroughfare Plan.
Before Company constructs, installs or locates any of its Facilities along or
adjacent to any existing or proposed Public Right-of-Way, Company shall contact the
Director and obtain verification from the Director that Company's proposed construction,
installation or location of its Facilities will not conflict or interfere with a proposed
expansion of an existing Public Right-of-Way or construction of a new Public Right-of-
Way as shown on a then-current master thoroughfare plan. If the Director determines
that Company's proposed construction, installation or location of its Facilities will
constitute a conflict or interference with such a plan, the Director shall notify Company
of the conflict or interference and Company shall work with the City in good faith to
resolve the conflict or interference.
8. CABLE AND OPEN VIDEO SYSTEM SERVICES PROHIBITED.
Unless otherwise specifically allowed by law, Company shall not provide Cable Services
through its Facilities or initiate construction of a Cable System or Open Video System in the
Public Rights-of-Way without a franchise awarded by the City in accordance with the Act.
9. INSURANCE.
9.1. Required of Company.
Company shall provide the Director with proof of insurance of the types and limits
as follows:
• Commercial General Liability:
$5,000,000 per occurrence;
• Property Damage Liability:
$1,000,000 per occurrence;
• Automobile Liability:
$1,000,000 per accident,
including, but not limited to, all owned, hired or non-owned motor vehicles used in
conjunction with Company's use of the Public Rights-of-Way
Company's insurance shall be underwritten by entities authorized to do business in the State
of Texas and who are acceptable to the City in terms of solvency and financial strength.
Company's insurance policy or policies shall name the City as an additional insured and
cover all public risks related to Company's use the Public Rights-of-Way. Deductible or
self-insured retention limits on any line of coverage required herein shall not exceed
$25,000 in the annual aggregate unless the limit per occurrence, or per line of coverage, or
aggregate is otherwise approved by the City.
9.2. Required of Company's Contractors.
Company shall require any contractors who undertake construction, installation,
maintenance, repairs or other work that requires the excavation, lane closure, or other
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physical use of the Public Rights-of-Way to maintain insurance of the same types and
limits and on the same conditions as provided by Section 9.1 of this Agreement.
10. INDEMNITY.
In accordance with Section 283.057 of the Texas Local Government Code, Company
shall indemnify and hold the City and its officers and employees harmless against any and all
claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorneys'
fees and costs of defense), proceedings, actions, demands, causes of action, liability and suits of
any kind and nature, including personal or bodily injury (including death), property damage, or
other harm for which recovery of damages is sought that is found by a court of competent
jurisdiction to be caused solely by the negligent act, error, or omission of Company or any agent,
officer, director, representative, employee, affiliate or subcontractor of Company, or their
respective officers, agents, employees, directors or representatives, while installing, repairing or
maintaining Facilities in a Public Right-of-Way. The indemnity provided under Section 283.057
of the Texas Local Government Code and this Section 10 does not apply to any liability resulting
from the negligence of the City, its officers, employees, contractors or subcontractors. If
Company and the City are found jointly liable by a court of competent jurisdiction, liability shall
be apportioned comparatively in accordance with the laws of the State of Texas without,
however, waiving any governmental immunity available to the City under Texas law and without
waiving any defenses of the parties under Texas law. This Section 10 is solely for the benefit of
the City and Company and does not create or grant any rights, contractual or otherwise, to any
other Person or entity. Company and the City shall promptly advise the other in writing of any
known claim or demand against Company or the City related to or arising out of the Company's
activities in the Public Rights-of-Way.
11. COMPANY AS INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Company shall operate as an independent
contractor as to all rights and privileges granted by this Agreement, and not as an agent,
representative or employee of the City. Company acknowledges that the doctrine of respondeat
superior shall not apply as between the City and Company, its officers, agents, employees,
contractors and subcontractors. Company further agrees that nothing herein shall be construed as
the creation of a partnership or joint enterprise between the City and Company.
12. NOTICES.
Any notices required pursuant to the provisions of this Agreement or provided by the City or
Company to the other shall be (i) hand-delivered to the other party or(ii) mailed through the United
States Postal Service,postage prepaid,return receipt requested,addressed as follows:
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To THE CITY: To COMPANY:
City of Fort Worth TXU Communications Telecom Service Co.
Attn: Public Utilities Supervisor Attn: Vice President
1000 Throckmorton 350 S. Loop 336 West
Fort Worth, TX 76102 Conroe, TX 77034
with a copy to: with a copy to:
City of Fort Worth Naman,Howell, Smith&Lee,P.C.
Department of Law Attn: Keith E. Gamel
Attn: Attorney for Telecommunications 221 West Sixth St.
1000 Throckmorton Austin, TX 78701
Fort Worth, TX 76102
13. COMPLIANCE WITH LAWS.
Company agrees to comply with all federal, state and local laws; all ordinances, rules and
regulations of the City; and all rules and regulations established by the Director in order to protect
the public health, safety and welfare. Company agrees that if the PUC adopts any kind of order,
rule or regulation that excepts all or any portion of Company's Facilities from governance by
Chapter 283 of the Texas Local Government Code ("Excepted Facilities"), Company shall obtain
a separate written agreement, consent or franchise from the City and pay the City reasonable and
non-discriminatory compensation for Company's use of the Public Rights-of-Way with respect to
the Excepted Facilities.
14. NO WAIVER.
The failure of the City to insist upon the performance of any term or provision of this
Agreement or to exercise any rights that the City may have, either under this Agreement or the law,
shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert
any such right on any future occasion.
15. GOVERNING LAW AND VENUE.
This Agreement shall be construed pursuant to and in accordance with the laws of the
United States of America and the State of Texas. Unless the PUC asserts jurisdiction pursuant to
and in accordance with § 283.058 of the Texas Local Government Code, venue for any action,
whether real or asserted, at law or in equity, that arises out of the terms of this Agreement shall lie
exclusively in state courts located in Tarrant County, Texas or the United States District Court for
the Northern District of Texas, Fort Worth Division.
16. CONFERENCES.
At the request of either the City or Company, the City and Company shall meet at
reasonable times and upon reasonable notice to discuss any aspect of this Agreement or Company's
use of Public Rights-of-Way.
17. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a fmal
order entered by a court of competent jurisdiction, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement,
a court order shall be final only to the extent that all available legal rights and remedies pertaining to
such order, including, without limitation all available appeals,have been exhausted.
18. HEADINGS NOT CONTROLLING.
Headings and titles that are used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
19. ENTIRETY OF AGREEMENT.
This Agreement contains the entire understanding and agreement between the City and
Company as to the matters contained herein. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with the terms and conditions of
this Agreement. This Agreement shall not be amended unless agreed to in writing by both parties.
Executed this 4)�n day of June , 2000 .
CITY OF FORT WORTH: TXU COMMUNICATION TELECOM
SERVICES COMPANY:
By: V ? By: e,41�4U i
Charles Boswell Charles R. Udell, Jr.
Assistant City Manager Vice President
ATTEST: ATTEST:
By.
it Secretary "
Y �Y Mark Wilson
fy Director- Transport
Contract rAuthorization �.Tv
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APPROVED AS TO FORM AND LEGALITY:
By:_
Assistant City Atto
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"Exhibit A"
Attached as "Exhibit A" is a copy of Order No. 2 in Public Utility
Commission of Texas ("PUC") Docket NO. 21095 ("Order No. 2")
documenting the status of TXU Communications Telecom Services
Company dba TXU Communications as the holder of a Service Provider
Certificate of Operating Authority ("SPCOA'). As Order No. 2 indicates,
TXU Communications was formerly known as LCT Long Distance, Inc.
("LCTLD"). LCTLD was granted a SPCOA from the PUC on September
24, 1996 in Docket No. 16205. LCTLD changed its corporate name on
June 14, 1999. The company filed an application with the PUC to change
the name on its SPCOA. Such application was approved administratively
on July 29, 1999, in Docket No. 21095 through this Order No. 2.
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'EXHIBIT A" --• — .
DOCKET NO.2109S
Ai'pLICATION OF LCT LONG DISTANCE, § PUBLIC UTILITY COMMISSION
INC.FOR*AN AMENDMENT TO ITS .. .. R
SEXtVICE pROVIDER CERTIFICATE OF g OI!TEXAS
OPERATING AUTHORITY -, a, rq
G r~ r 1 : .. ` vJ
ORDER NO.2 - -
` ,GRANTING ADMO ISTRATIVE APPROVAL ,
On July l2, 1999, LCT Long Distance, Inc. (the Applieant� filed an application for administrative
approval of an amendment to its Service Provider Certificate of Operating Authority (SPCOA)No. 600471,
which currently authorizes the Applicant to prnvidc resold telecommunications services to the geographic area
of Texas currently saved by Southwestern Bell Telephone Company,GTE Southwest,Inc..Central Telephone
Company of Texas,Unimd Telephone Company of Texas,Inc.,Century Telephone of San Mamas.Inc.,Alltel-
Sugarland Telephone Company and Lu&in-Conroe Telephone Exrclnange,Inc.
The Applicant stated that its name was changed by amendment to its Ardclss of locorporation effective
June 14,1999,to TXU Communications Telecom Services Company,and that it currently does business under
the name TXU Communications, The Applicant requested to change the name on its certificate to TXU
Communications.
On July 26, 1999, the Commission's Offige of Regulatory Affairs (ORA) filed its recommendation
stating that the Commission's Office of Customer Protection, the Texas Attorney General's office, and,rho
Texas Comptroller's Office reported no complaints registered against the Applicant under either name. ORA
finds that the Applicant has met the criteria for changing its name pursuant to§§54.151 —54.159 of the Public
Utility Regulatory Act, Tex. Util. Code Ann. (Vernon 1998) (PURA), recommending that the Applicant's
request for a name change be approved.
1 Granted in *plkadon of ICT Long Dblowc Inc. fir ar Serriet Prorlder Cerq$cote of OperatkX dxeliorlry. Docket
No 16205(Sept.2'1. 1"6)
"EXHIBIT A" '
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cm5h d with that the application of LCr LmS Diataaca,nuc.to amead its SPCOA
No.60047 fs appcovcd. LCT Long Dbumws,lat.'s SPCOA No.6W7 is ssaeadod to r fint a aamo cbma m
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City of Fort Worth, Texas
"affor And Council communication
DATE REFERENCE NUMBER LOG NAMEPAGE
6/20/00 **C-18087 02TXUCOM 1 of 1
SUBJECT PUBLIC RIGHT-OF-WAY USE AGREEMENT WITH TXU COMMUNICATIONS
TELECOM SERVICES COMPANY D/B/A TXU COMMUNICATIONS
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Public Right-of-Way
Use Agreement with TXU Communications Telecom Services Company d/b/a TXU Communications.
DISCUSSION:
Pursuant to Chapter 283 of the Texas Local Government Code, which became effective September 1,
1999, any provider of local telephone services (Provider) who receives one of three types of certificates
from the Texas Public Utility Commission (PUC) has the statutory right to use the City of Fort Worth's
public rights-of-way. The City of Fort Worth (City) does not have the authority to require a franchise for
that use or to impose requirements on the Provider except those that are directly related to the
management of the public right-of-way for the benefit of the public health, safety and welfare. The PUC
has established levels of compensation that are payable by each Provider to the City.
The City has traditionally managed the use of public rights-of-way by public utilities through the terms
and provisions of its franchises. Because the City now cannot govern Providers of local telephone
services in that manner, City staff is drafting a comprehensive Public Right-of-Way Use Ordinance.
Until the City Council adopts such an Ordinance, the City needs to have an interim instrument to govern
the use of the public rights-of-way by these Providers. This Public Right-of-Way Use Agreement will
fulfill that need.
The Agreement sets forth essentially the same terms and conditions related to the City's management
of the public rights-of-way as those historically contained in the City's franchise agreements. The
Agreement will become effective on the date of its execution and terminate on the date that a
comprehensive Public Right-of-Way Use Ordinance becomes effective. TXU Communications will pay
the City a quarterly fee calculated monthly and based on (i) $1.09 for each residential access line that it
has in the public rights-of-way and (ii) $3.52 for each non-residential access line that it has in the public
rights-of-way.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the City Manager's office will be responsible for the collection and
deposit of funds due the City under this agreement.
CB:I
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 8511 C
GG01 421342 0134010 CIT APPROVED
Originating Department Head: CIL
Charles Boswell 8511 (from) JUN 20
Additional Information Contact: t�r �
Danny Reed 6145 Cjtr�Fm °K bias