HomeMy WebLinkAboutOrdinance 11181I
aRDINANCE No. .~ ~_~ ~ ~~_
AN ORDINANCE AMENDING SECTIONS 1, 3 AND 9 OF ORDINANCE
NO 9411, AS AMENDED BY ORDINANCE NO 9533, BY REVISING
THE LOCATION AND NUMBER OF LINEAR FEET PERMITTED FOR THE
CONSTRUCTION, MAINTENANCE, AND USE OF A LONG DISTANCE
TELECOMMUNICATIONS SYSTEM BY A T & T COMMUNICATIONS-
INTERSTATE DIVISION, ACROSS, OVER AND UNDER CERTAIN
STREETS, HIGHWAYS AND PUBLIC RIGHTS-OF-WAY OF THE CITY OF
FORT WORTH; AND BY REVISING THE FEE PAID TO THE CITY OF
FORT WORTH BY AT & T COMMUNICATIONS-INTERSTATE DIVISION
FOR THE CONSTRUCTION, MAINTENANCE AND USE OF SAID SYSTEM
IN THE CITY STREETS, HIGHWAYS AND PUBLIC RIGHTS-OF-WAY;
REVISING THE DEFINITION OF THE TERM "PERMITTED USER";
PROVIDING FOR 'THE TERMINATION OF A PORTION OF THE L I CEN SE
PREVIOUSLY GRANTED UNDER ORDINANCE NO. 9533, AS AMENDED;
PROVIDING FOR ACCEPTANCE HEREOF BY AT&T COMMUNICATIONS-
INTERSTATE DIV?SIGN; MAIKING THIS ORDINANCE CUMULATIVE OF
ALL PROVISIONS OF ORDINANCES AND THE CODE OF THE CITY OF
FORT WORTH (7.986), AS AMENDED, AND REPEALING ALI, PRIOR
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDNG FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITX COiJNCIL~ OF THT: CITX OF FORT WORTH,
TEXAS:
Section 1.
That Citx of Fort Worth Ordinance No 9411, as amended by
Ordinance Na. 9533, on file in the office of the City Secretary of
the City of Fort Worth, is hereby amended by amending Section 1
thereof in its entiretX, azad following said amendment, Sect9.on 1 of
said Ordinance No 9421, as amended, shall be and read as follows,
to wa.t
"SECTION 7.
"PURPOSE
"That the City o,f Fort Worth (hereinafter referred to as the
City' ) hereby grants to AT&T and its successors and assigns, far
a term beginning on the date of passage of this ordinance and
ending on July 2, 2Q7_D, a license to acquire, erect, construct,
replace, reconstruct, maintain, use, and operate in, over, under,
along, and across certain streets and other public rights-af-way of
the City (hereinafter. the 'public right-of-way') all necessary or
desirable wares, cables, underground conduits, manholes, or other
structures or appurtenances (hereinafter the 'faci,li.ty' or
'facilities') in con.nectian with.a long distance telecommunications
system or systems (not including cable television yr local exchange
telephone service) that provides long distance telecommunications
service (hereinafter called the `system'), subject to the
provisions of this ordinance. The only public right-of-way which
AT&T shall use pursuant to this ordinance shall be that portion of
the City streets extenda.nq far a length of approximately seventeen
thousand two hundred and twenty-two (17,222) linear feet as
hereinafter described:
A. "Fart Worth-Dallas Coz~duit_Sgstenn .Extending far approximately
five thousand one hunfred eighty (5,180} feet; Beginning at the
point where the system exists the southeast corner of the
Southwestern Bell Telephone Building, located at 1116 South.Haustan
Street, to 11th Street; thence east along 11th Street to the
westerly edge of Houston; thence in a southerly direction along
Houston to the junction of Main Street; thence continuing in a
southerly direction along Main Street to the junction of Broadway
Street; thence in an easterly direction along Broadway to Southern
Pacific Railroad there entering railroad right-of-wa,y, thence
exiting from the easterly boundary of the railroad right-of-way and
continuing in an easterly direction along Broadway to the junction
of Kentucky Street; thence along Kentucky Street in a northerly
direction to the southerly boundary of the Union Pacific Railroad
there entering railroad right-of-way.
"Fort Worth-Waco Conduit Sy_stem~ Extending for approximately
three thousand nine hundred (3,900) feet; Beginning at the paint
where the system exists the southeast corner of the Southwestern
Bell Telephone Building located at 1116 South Houston Street, to
11th Street, thence east along 11th Street to the easterly edge of
Houston; thence in a southerly direction along Haustan to the
junction of Main Street; thence continuing along the easterly edge
of Main Street in a southerly direction to the junction of Va.cl~ery
Boulevard; thence along Vickery Boulevard in an easterly direction
to the westerly boundary of the Union Pacific Railroad there
entering railroad right-of-wa_y
"_Fort Worth=Abilene Conduit ___ S,y_stem._ Extending far
approximately eight thousand one hundred forty-two (8,142) feet;
Beginning utilizing the existing system at th.e point where the
system exits the southeast corner of the Southwestern Bell
Telephone building, located at 1116 South Houston Street to 1].th
Street; thence west along 11th Street to the junction of
Throckmorton Street, thence west across Throckmarton Street and
continuing across the park between the John Peter Smith statue and
the church to Jennings Avenue; thence west across 3ennings Avenue,
thence south along the westerly edge of Jennings Avenue to the
junction of Texas Street; thence south across Texas Street
continuing in a southerly direction along Jennings Avenue to the
junction of 13th Street At this point exiting the existing
faci.li.ty and beginning new construction, thence in a direction
2
westerly along 13th Street to the junction of Henderson Street;
thence south on Henderson Street to the junction of Peter Smith
Street; thence west along Peter Smith to the junction of Summit
Street; thence south along Summit Street to the junction of
Pennsylvania Avenue; thence west along Pennsylvania Avenue to the
easterly boundary of Fort Worth Western Railroad, there entering
railroad right-of-way
Said routes are shown specifically on Exhibit "A°' attached
hereto and incorporated herein for all purposes incident hereto"
SECTION 2
That City of Fort Worth Ordinance No. 941]., as amended by
Ordinance No. 9533, is hereby further amended by amending Section
9 thereof in its ent9,rety, and following said amendment, Section
9 of said Ordinance No. 9411, as amended, shall be and read as
follows, to wit`
"SECTION 9
"FEE
"A For and in consideration of all the rights and
privileges granted hereunder, AT&T shall make a one-time
payment to the City of Fort Worth in the amount of
$500,000. Said payment shall be compensation to the City
not only for the rights and privileges granted hereunder,
but for all inspection and permitting fees associated
with the construction and installation of the proposed
systems, and shall be in lieu of any future payment of
fees reduired under City of Fort Worth Ordinance No.
9411, as amended
"B There is no fee hereunder applicable to AT&T cable
currently located in the Southwestern Bell Telephone
Company conduit or an,y new construction alone railraad
rights-of-way within the City
"C. This ordinance is intended to grant to AT&T the use
of the described public right-of-way only in connection
with the uses and routes prescribed hereunder, and an,y
other uses of public right-of-way, including uses for
previously existing facilities, are not authorized b,y
this ordinance and amendment.
'°D. The fee payment shall be exclusive of and in
addition to all general municipal taxes of whatever
nature, including but not limited to ad valorem taxes and
3
r
special taxes and assessments far publa.c improvements,
except as hereinafter provided.
"E. Payment of said fee shall be made on or before the
3Uth day following the date this amendment is adopted b_y
the Fort Worth City Council, and shall be payable to the
City of Fort Worth, and delivered to the Public Utilities
Supervisor, City of Fart Worth, 104Q Throckmorton Street,
Fart Worth, Texas 76102, or to such other person whom the
City may designate by giving written. notice to AT&T
"F. The fee established i.n Section 9A hereof shall not
be affected by any relocation of AT&T facili.tai.es regui.red
by the City pursuant to Section 3 of this ordinance."
SECTION 3.
That City of Fort Worth Ordinance No. 94].1, as amended, is
further amended by providing that the term "Permitted User"
appearing in Section 3 of said ordinance also shall apply to the
additional public right-of-wav granted under this amendment, and to
the extent that said term applies to the additional public right-
of-wa,y, the term °'Permitted User" shall. include the City or any
person or. corporation or other entity franchised by the Ca.ty as of
the effective date of this amendment, or having an exista.ng use
agreement in those portions of the additional. rights-of.-way granted
hereunder
SECTION 4.
That City of Fort Worth Ordinance No. 9411, as amended, is
further amended b,y providing that:
a. With respect to the system which was originally
installed pursuant to the license granted under Ordinance
No 941.1 , as amended by Ordinance No . 9533 ( the "'Previous
System"), sa.~.d system shall remain in operation until
such time as the systems installed under this amendment
4
f,, ~, ,~.
(the "New Systems") are operational. At such time as the
New Systems are operational, then that portion of. the
Previous System beginning at the intersection of Jennings
and Thirteenth Street and running south to the
intersection of Jennings and the Texas anal Pacific
Railroad right-of-way,shall. be abandoned and cease
operating, and that portion of the license applying
thereto shall terminate. The remainder of the Previous
System, and the license therefor, beg:i.nning at th.e
intersection of Jennings and Thirteenth Street and
running north to its connection with the Southwestern
Bell Telephone Company Building, shall continue to be
operational and shall be integrated into and become a
part of the New Sxstems and a part of the license granted
hereunder.
b Upon. payment of Five Hundred Thousand Dollars
(5500,000) by AT&T to the City, as required by this
amendment, AT&T shall not be obligated to pay an,y fees
that would have became due and payable from and after
July ?_, 7.992, for the location and operation of the
Previous System, it being the intent of the City and AT&T
that any fees for the continued operation of the Previous
System, or portion thereof , shat 1 be considered a part of
the one-time payment of Five Hundred Thousand Dollars
(5500,000).
5
.r...~. ..+v p
SECTION ~
City Secretary Contract No 9411, as amended, is further
amended b,y providing that in the event AT&T fails to deliver to the
City the prescribed one-time payment of Five Hundred Thousand
T?ollars ($500,000) on ar before the 30th day followa.ng the date
this amendment is adopted by the Fort Worth City Council , then this
ordinance and amendment shall be null and void and shall have na
force and effect The signature and date entered herein below by
the City's Public Utilities Supervisor shall constitute evidence of
the receipt of said payment by the City and the date of. such
receipt.
SECTION 6.
Pursuant tv Section 2 of Chapter XXV of the Charter of the
City of Fort Worth, and as a condition precedent to the
effectiveness of this amended license, AT&T acknowledges by the
signature hereunder of its duly authorized representative, that it
accepts and agrees to the terms, conditions and provisions of
Ordinance No. 9411, as amended by Ordinance No. 9533, and as
further amended hereunder, the same as if it were a contract
between the City and AT&T. This amendment shall not become
effective until accepted and agreed to in writing by AT&T as herein
prescribed. Should AT&T fail to accept and agree to this ordinance
and amendment b_y its signature hereunder within thirty (30) days
after adoption by the City Council, such ordinance and amendment
shall not thereafter take effect by a subsequent written
acceptance.
6
~,. ,.
SECTION 7
This ordinance shall be cumulative of all provisions of
ordinances and of the Code of the City of Fort Worth., Texas (1986),
as amended, except where the provisions of this ordinance are in
direct COnf11Ct with the provisions of such ordinances and such
Code, in which event conflicting provisions of such ordinances and
such Cade are hereby repealed
SECTION $
It i.s hereby. declared to be the intention of th.e City Council
that the sections, paragraphs, sentences, clauses and phrases of
this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional. by the valid judgment or decree of any court of.
competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted
by, the City Council without the incorporation in this ardin.ance of
any such unconstitutional phrase, clause, sentence, paragraph or
Section.
SECTION 9.
That the City Secretary of the City of Fort Worth is hereby
directed to publish this ordinance in its entirety once a week for
four (~) consecutive weeks within a period of thirty (30) days
after its passage in the official newspaper of the City, as
required by Section 2 of Chapter XXV of the City Charter of the
City of Fort Worth.
7
w C»
.~ G,
SECTION 10.
This ordinance shall be in full force and effect from and
~EPvrY
after its passage, publication, written acceptance and payment of
the fee as prescribed hereinabove, and it is so ordained
AP ROVED AS TO FORM ND LEGALITY:
City Attorney
Date . R4 ~q • 4 ~•
1 (~ ~_ ______
ADOPTED...._~~I--Y~~ o~.. ~_- -
EFFECTIVE:
ACCEPTED AND AGREED TO BY
AT&T COMMUNICATIONS - INTERSTATE
DIVISION
A Division of American Telephone
and Telegraph Company
B y ..._.__
Regional Vice President-
External Affairs
PAYMENT OF FIVE HUNDRED THOUSAND
DOLLARS RECEIVED ANA ACCEPTED BY
THE PUBLIC UTILITIES SUPERVISOR
OF THE CITY OF FORT WORTH ON THIS
DAY OF_ -- .,1992 .
$y :._.._. ____ ___._...._.~
Dannx Reed
Public Utilities Supervisor
City of Fort Worth
~:, ~` ;,.
TVf7~ 301Sa3Na -1
~~ I ~ ~ ~-~
N
1S ~
H
I ~•
° ~~
-'~.
.. Q.
s.:
•~.
c ~ =+.
~' ~ a
c~iS H
~ w a
Q
W
.~
~Ql_ I I i ~~%
O
Q
O
fD
tS ,
N( ..
O K
o ++ s
a ° °L
b
Y a
0 o
G A
K K
} i
. O .
i d
,¢ .+
° O t1 O
3 a 3~ a
I~ 1 ~__
H
H
H
W
MASTER FILE<y ~ ~ ~«
City of Fort ~ortl~, Texas
ACCUU<~TING 2
fHA~r5r~ntAT10N'P ; :. ,. ~,, ay~d ~;~y~,~~ C;~~yylmunicati~~n .a
._
N~ICfi AuMWISIRA'T~UN
lJ
~~
10/06/92
I SUBJECT I STREETSCTOAAT&TICOMMUNICA"IONSO- INTE~STATEMDI~IS~ONYFORVUSENOFTCERTAINNCITY I
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance which amends City
Ordinance No. 9411, as amended by City Ordinance No. 9533, by revising the location and
number of linear feet permitted for the construction, maintenance and use of a long
distance telecommunications system by 'AT&T Communications - Interstate Division,
across, over and under certain streets and public rights-of-way of the City of Fort
Worth, and by revising the fee to be paid to the City for-such use of said streets and
rights-of-way.
DISCUSSION:
On July 2, 1985, the Fort Worth City Council adopted City Ordinance No. 9411, granting
to AT&T Communications - Interstate Division, a aivision of American Telephone and
Telegraph Company, a license to use certain City streets and other public rights-of-way
for the construction, maintenance and use of along distance telecommunications system.
The portion of that system which uses the City's streets and rights-of-way 'begins at
a connection within the downtown Southwestern Bell Telephone Company Build ing and runs
southerly along South Jennings to an intersection with the Texas and Pacific Railroad
right-of-way, consisting of approximately 1,600 linear feet. The term of the license
is for twenty-five years from the date Ordinance No 9411 was adopted.
(
In consideration for the license to use the prescribed city streets, Ordinance No. 9411
required an initial payment by AT&T of $10,000.00 representing the fee for the first
year of the license, and an annual payment by AT&T for each of the remaining twenty-
four years in an amount not less than $1,600 00 per year. Ordinance No 9411 further
provides that the annual fee will be adjusted on a percentage basis and proportionally
to the percentage change in the Implicit Price Deflator for the Gross National Product
as determined by the Federal Reserve Bank of St. Louis, at one-year intervals
Following the adoption of City Ordinance No 9411, the Fort Worth City Council, on
December 17, 1985, adopted City Ordinance No 9533, whereby the City and AT&T agreed
to amendments to the original ordinance to clarify and supplement certain terms and
provisions contained therein.
Because of the proposed relocation of the I-35 overhead, AT&T has been notified by the
State that it will be required to relocate a portion of its system running along and
within the State right-of-way. As a result, AT&T has requested that the City amend
G-9873
12AT&T-LIC I 1 of 2
Printed on recyGed paper
City of Fort Worth, Texas
Matyor and Council C;crmmunication
DATE
10/06/92 REFERENCE NUMBER G-9873 LOG NAME PAGE
12AT&T-LIC 2 of 2
SUBJECT ORDINANCE AMENDING ORDINANCE N0. 9411 AS AMENDED BY REVISING THE LICENSE
GRANTED TO AT&T COMMUNICATIONS - INTESTATE DIVISfON FOR USE OF CERTAIN CITY
STREETS
Ordinance No. 9411, as amended, by providing for a termination of a portion of the
original license, and the granting of additional right-of-way within the City streets
for the necessary relocation of its system. Following installation of the relocated.
system, the total right-of-way granted under the license will consist of approximately
17,222 linear feet. The route of the proposed system is shown on Exhibit "A" of the
attached ordinance.
In consideration of the expanded license, AT&T has agreed, subject to the City
Council's adoption of the proposed ordinance, that in lieu of the annual payments
required under the existing license, there will be substituted a one-time payment to
the City of $500,000.00. This one-time payment will be due and payable to the City no
later than the 30th day following the date on which the attached ordinance is adopted,
and will be full payment to the City not only for the rights and privileges granted
under this ordinance, but for all inspection and permitting fees associated with the
construction and installation of the proposed system.
The Department of Law negotiated the revised license and has prepared the attached
ordinance for the City Council's review and approval.
FISCAL INFORMATION/CERTIFICATION•
The Energy Management - Public Utilities section of the Department of Law will be
responsible for collection of funds due the City under this agreement.
WA:k
Su mitted for City Manager's FUND .ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by to
Mike Groomer 6140 APPROVED
Origipating Department Nead ~
~
~~~
~L
i
t
C~L
Wade Adkins 7623 from ~ GT ~ ~92
~
For Additional Information ArinnfiPd, Ordinance N o. ~
~
h~
~
Contact .aJ
~
Seoretaxy~ od t3~s
Cit
Wade Adkins 7623 y
Ci4y of Fort V~lortit, Texas
1
~- Printed on recycled paper