HomeMy WebLinkAboutOrdinance 9411r. _ ,~
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ORDINANCE NO. ~ ~' /
AN ORDINANCE PERMITTING AND REGULATING THE CONSTRUCTION,
MAINTENANCE AND USE OF A LONG DISTANCE TELECOMMUNICATIONS
SYSTEM BY AT&T COMMUNICATIONS INC., INTERSTATE DIVISION;
ACROSS, OVER AND UNDER CERTAIN STREETS, HIGHWAYS AND
PUBLIC RIGHTS-OF-WAY OF THE CITY OF FORT WORTH; PROVIDING
FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULA-
TIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDI-
NANCES IN CONFLICT HEREWITH; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, AT&T Communications - Interstate Division, a division
of American Telephone and Telegraph Company, hereinafter "AT&T",
desires use of certain public rights-of-way within the City of Fort
Worth for the purposes set forth below pursuant to the prov isions of
the laws of the State of Texas, including, but not limited to,
Article 1416 V.A.C. S.; and
WHEREAS, AT& T must obtain a 1 icense in order to use the public
rights-of-way; and
WHEREAS, the City Council has determined that it is appropriate
to grant the following license to AT&T; NOW, THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
PURPOSE
That the City of Fort Worth (hereinafter the "City") hereby
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grants to AT&T and its successors and assigns, for the full term of
twenty-five (25) years from the date of passage of this ordinance, a
license to erect, construct, replace, reconstruct, maintain, use,
and operate in, over, under, along, and across certain streets of
the City (hereinafter the "public right-of-way") all necessary or
desirable wires, cables, underground conduits, manholes, or other
structures or appurtenances (hereinafter the "facility" or "facil-
ities" ) in connection with a long distance telecommunications system
or systems (not including cable television or local exchange tele-
phone service) that provides long distance telecomm unications
service (hereinafter 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
extending for a length of approximately one thousand six hundred
(1,600) feet, beginning at the point where the Texas and Pacific
Railroad right-of-way intersects with South Jennings; thence along
Jennings in a northerly direction crossing Lancaster, 13th and Texas
Streets, to a point north of St. Patrick's Catholic Church; thence
crossing Jennings in an easterly direction and continuing across the
park between the John Peter Smith statue and the church; thence
crossing Throckmorton Street; thence eastward in 11th Street to a
point on the west side of South Houston Street, where it will enter
into the southeast corner of the Southwestern Bell Telephone Company
Building, which is located at 1116 South Houston Street. Said route
is shown specifically on Exhibit "A" attached hereto and incorpo-
rated herein for all purposes incident hereto.
SECTION 2.
REGULATION OF CONSTRUCTION
The work done by AT&T in erecting , constructing , replacing ,
reconstructing, maintaining, or repairing the system shall be sub-
_ ject to and governed by all laws, rules, and regulations of the City
and State of Texas, that are applicable to insuring the work done
does not inconvenience the public in the use of the public right-
of-way including, but not limited to the following:
A. Prior to construction of any significant changes to the
system after the effective date of this ordinance, AT&T shall submit
engineering plans to the City for review and approval, pursuant to
the standards generally applicable to requests for the privilege to
use the public right-of-way, including the City's utility location
and coordination policy. Approval of such plans will not be un-
reasonably delayed, withheld or denied by the City.
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B. All excavations and other construction in the streets
shall be so carried out as to interfere as little as practicable
with the surface use of the streets and sidewalks and with the
surface use of private property, in accordance with any lawful and
reasonable direction given by or under the authority of the govern-
ing body of the City under the police and regulatory powers of the
City necessary to provide for pub"lic convenience. AT&T shall
promptly restore all public right-of-way excavated by AT&T to sub-
stantially the same condition as before such excavation and to the
reasonable satisfaction of the City. AT&T shall comply with all
other construction requirements of the City and its Transportation/
Public Works Director with respect to hours of construction opera-
tions in peak-busy traffic hours, barricading requirements, and/or
any other reasonable construction rules which may be lawfully pro-
mulg ated.
C. Except in an emergency, AT&T shall not excavate any pave-
ment in any public right-of-way or significant amounts of any un-
paved public right-of-way without first securing the permission of
the City, but such permission shall not be unreasonably delayed,
withheld or denied if the proposed excavation is in accordance with
the terms of this ordinance. The City shall be notified as soon as
practicable regarding work performed under emergency conditions.
D. The City shall have the power at any time to order and re-
quire AT&T to remove or abate any facility that is dangerous to life
or property, and in case AT&T, after notice, fails or refuses to
comply, the City shall have the power to remove or abate same at the
expense of AT&T, all without compensation or liability for damages
to AT&T.
SECTION 3.
WORK BY OTHERS
The City reserves the right, subject to further conditions
described in this paragraph, to lay and permit to be laid, sewer,
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gas, water, and other pipelines or cables and conduits, and to do
and permit to be done, any underground and overhead installation or
improvement that may be deemed necessary or proper by the governing
body of the City of Fort Worth, in, across, along, over or under any
public right-of-way occupied by AT&T, and to change any curb or
sidewalk or the grade of any street.
In permitting such work to be done, the City shall not be
liable to AT&T for any damage so caused, nor shall the City be
liable to AT&T for any damages arising out of the performance of
said work by the City, its licensees, invitees, contractors or sub-
contractors; provided, however, nothing herein shall relieve any
other person or corporation from liability for damage to the
facilities of the system. If the City requires AT&T to remove,
alter, change, adapt, or conform its facilities because of changes
in the grade of a street or in the location or manner of construct-
ing a water pipe, sewer pipe, or other underground or aboveground
structure owned by the City, AT&T shall make the alterations or
changes as soon as practicable when ordered in writing by the City,
without claim for reimbursement or damages against the City. If
these requirements impose a financial hardship upon AT&T, AT&T shall
have the right to present alternative proposals for the City's con-
sideration. If the City requires AT&T to remove, alter, change,
adapt or conform its facilities installed hereunder to enable any
other corporation or person, except the City, to use, or to use with
greater convenience, such public right-of-way, then City shall not
be liable for any reimbursement, loss or expense which will be
caused by, or arise out of, such removal, alteration, change, adap-
tation or conformance of AT&T's facilities.
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SECTION 4.
CONSTRUCTION BY ABUTTING OWNERS
In the event that the governing body of the City of Fort Worth
authorizes abutting landowners to occupy space under the surface of
any public right-of-way after the adoption of this ordinance, such
grant to abutting landowners shall be subject to the prior rights of
AT&T described in this ordinance.
SECTION 5.
RIGHTS IN THE EVENT OF ABANDONMENT
In the event that the governing body of the City of Fort Worth
closes or abandons any public right-of-way which contains the facil-
ities of AT&T installed hereunder, any conveyance of land contained
in such closed or abandoned street, alley, highway or public place
shall be subject to the rights of AT&T described in this ordinance.
In the event that any portion of the public right-of-way that
includes facilities of the system becomes the subject of condemna-
tion proceedings, it is agreed that AT&T's property rights and
interest in such public right-of-way shall be severed from the
City's interest in such proceedings and any such condemnation awards
shall be specifically allocated between AT&T's interest and the
City's interest. The City shall make a diligent effort to notify
AT&T within a reasonable time of any condemnation action (or
threatened action) filed against the public right-of-way that
affects any facility of the system, or any proposed sale in lieu of
condemnation .
SECTION 6.
INDEMNITY
AT&T shall indemnify and save and hold harmless the City and
all of its officers, agents, and employees from all suits, actions,
or claims of any character, style, and description, brought for or
on account of any injuries or damages, including death, received or
sustained by any person or any property occasioned by, arising out
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of or in connection with the erection, construction, location,
replacement, reconstruction, maintenance, repair or operation of
AT&T's system; and AT&T will be required to pay any judgment, with
costs, which may be obtained against the City arising out of such
injury or damage .
SECTION 7.
RECORDS
The governing body of the City of Fort Worth and its Public
Utilities Supervisor shall have the right to be kept fully informed
as to matters pertaining in any way to AT&T's exercise of its rights
under this ordinance, including the erection, construction, loca-
tion, replacement, reconstruction, maintenance, repair or operation
of the facilities of the system in Fort Worth. AT&T shall keep
complete and accurate maps, construction drawings and specifications
describing the location of facilities of the system in Fort Worth.
Maps, construction drawings and specifications kept by AT&T in
accordance with this ordinance shall provide for separate and
specific identification of those facilities of the system that are
located in the public right-of-way. Any and all maps, construction
drawings, and specifications required by this ordinance shall be
kept and maintained within the City limits of Fort Worth. The City
shall have the right, at reasonable times, to inspect and/or copy
such maps, construction drawing s and specifications. AT&T shall
fully cooperate in making available its maps, construction drawings
and specifications for inspection. Maps, construction drawings and
specifications required by this ordinance and maintained by AT&T
shall not leave the possession of AT&T, except with the consent of
AT&T.
SECTION 8.
NOTICE
Any notice or communication required in the administration of
this ordinance shall be sent as follows:
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City Secretary
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
with copy to:
Public Utilities Supervisor
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Notice to AT&T-Communications will be to:
Vice President
External Affairs-Texas
4412 Spicewood Springs Road
Austin, Texas 78759
with copy to:
General Attorney
AT&T Communications, Inc.
811 Main Street
Kansas City, Missouri 64101
or to such other address as AT&T may designate from time to time by
written notice.
SECTION 9.
FEE
A. AT&T shall make an initial payment of $10,000 representing
the fee for the first year of the twenty-five ( 25 ) year term of the
agreement, payable upon Fort Worth City Council's approval of the
Grant of Privilege and AT&T shall make annual payments during each
of the remaining successive 24 years, in the amount of $1,600.00 per
year. The above fees shall be adjusted to reflect changes in the
Implicit Price Deflator for Gross National Product as determined by
the Federal Reserve Bank of St. Louis, at one (1 ) year intervals
during the course of this ordinance. AT&T shall be notified of the
adjustment 45 days prior to the date a fee is due under this
ordinance. The base for the adjustment shall be the Implicit Price
Deflator for Gross National Product as determined by the Federal
Reserve Bank of St. Louis reported for the first quarter of the
calendar year in which the annual payment is due . There is no fee
hereunder applicable to AT&T cable currently located in South western
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Bell Telephone Company conduit. This ordinance is intended to grant
use of the public right-of-way only in connection with the uses pre-
scribed hereunder, and any other use of public right-of-way, includ-
ing use for previously existing facilities, are not authorized by
this ordinance. The fee payment shall be exclusive of and in addi-
tion to all general municipal taxes of whatever nature, including
but not limited to ad valorem taxes and special taxes and assess-
ments for public improvements except as hereinafter provided.
B. The initial fee of Ten Thousand Dollars ($10,000) shall be
paid to the City of Fort Worth within thirty (30) days after the
effective date of this ordinance, and subsequent annual payments
shall be made within thirty (30) days after the anniversary of the
effective date of this ordinance. The f_ee is payable to "City of
Fort Worth" and shall be directed or delivered to the City Public
Utilities Supervisor/Department of Law.
C. The fee established in Section 9A hereof shall not be
affected by any relocation of AT&T facilities required by the City
pursuant to Section 3 of this ordinance.
SECTION 10.
The rights granted by this ordinance inure to the benefit of
AT&T and any parent, subsidiary, affiliate or successor entity now
or hereafter existing. The rights shall not be assignable without
the express written consent of the governing body of the City of
Fort Worth, except AT&T may assign its rights under this ordinance
to a parent, subsidiary, affiliate or successor entity without such
consent, so long as (i) such parent, subsidiary, affiliate or suc-
cessor assumes all obligations of AT&T hereunder, and ( ii) is bound
to the same extent as AT&T hereunder. Such consent shall not be
capriciously or unreasonably withheld, delayed or conditioned. Any
required consent is to be evidenced by an ordinance or resolution of
the governing body of the City that fully recites the terms and con-
ditions, if any, upon which consent is given.
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SECTION 11.
LEASING OR DEDICATION OF FACILITIES
AT&T, without the consent of the City, shall not lease any of
the public right-of-way it uses, in connection with its system, to
any non-AT&T company; provided that AT&T shall have the right to
lease or dedicate its system or any portion thereof, or otherwise
make available facilities of the system to other companies in the
ordinary conduct of its business as a long distance telecommunica-
tions company, so long as AT&T retains responsibility for servicing
and repairing the facilities of its system. Notwithstanding the
foregoing, AT&T will not lease any conduit space in the system to
any non-AT&T company for the placement of any additional cable with-
out the express written consent of the City.
SECTION 12.
MISCELLANEOUS
The Public Utilities Supervisor, or his duly authorized repre-
sentative, is the principal City official responsible for the
administration of this ordinance, and AT&T recognizes that questions
regarding the interpretation or application of this ordinance shall
be raised initially with that designated official.
SECTION 13.
CUMULATIVE PROVISIONS
This ordinance shall be cumulative of all provisions of ordi-
nances and of the Code of the City of Fort Worth,. Texas (1964), as
amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code
are hereby repealed.
SECTION 14.
SEVERABILITY
It is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases of
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this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitu-
tional 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 ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 15.
ENGROSSMENT
The City Secretary of the City of Fort Worth is hereby directed
to engross and enroll this ordinance by copying the Caption and
Sections 15 and 16 of this ordinance in the minutes of the City
Council and by filing the ordinance in the ordinance records of the
City.
SECTION 16.
EFFECTIVE DATE
This ordinance shall take effect and be in full force and
effect from and after its passage, and it is so ordained .
APPROVED AS TO FORM AND LEGALITY:
City Af-tnrncv
Date:
ADOPT
EFFEC
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DATE REFERENCE SUBJECT Request of AT&T Communications , PAGE
S•1 NUMBER Interstate Division, for a Grant of 2
7/2/85 G-6372 Privilege for Installation of a Fibre- 1 °`
optics ommun~cations a e ysten ~n
Downtown Fort Worth
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance authoriz-
ing AT&T Communications, Interstate Division (hereinafter AT&T) to use City of
Fort Worth rights-of-way for installation of a fibre-optics communications
cabl a system.
BACKGROUND /DISCUSSION
In the past year, the staff has discussed with numerous long-distance carriers,
the installation of fibre-optics communication cable systems in the Fort Worth
Central Business District. Fibre-optics cable transmission i s the newest of the
developing high technology media means, and utilizes a small sized light-
transmitting strip of cable encased in a protective sheath. Typical cable
configurations contain from 3 to 7 continuous fibres, each capable of literally
thousands of voice and date transmissions. The City Council was informed of
these developments in a prior communication (letter from City Attorney) on
April 18, 1985.
The staff has been in contact intermittently with representatives of two other
communication companies (MCI-Telecommunications and GTE-Sprint). The plans and
proposal s of these two companies have not yet reached final ization but it is
anticipated they will be filing similar requests for use of City streets in the
near future.
The Transportation/Public Works Department and Utilities Supervisor have
instructed all of these fibre-optics cable applicants of the City's strict
requirements for cable depths in the streets, color-coded concrete cover pro-
tection and other construction rules and regulations so that the facilities can
be installed and maintained in the future with a minimum of incorn enience to
others. All of these companies now understand clearly that they must fit their
facilities into the matrix of existing users physical facilities and that
normal traffic movements must not be disrupted during construction of the new
cable systems.
AT&T was franchised on February 8, 1980, in Dallas for a similar cable instal-
lation, by Dallas Ordinance No. 18613 and the GTE-Sprint Company, a competitive
company was authorized by the City of Irving in March, 1985 for a similar
installation. The arrangement between Fort Worth and AT&T was negotiated after
numerous meetings and i n general i s as good an arrangement for the City as can
be negotiated, and appears to be equal to or better than the agreements between
the Company and the cities of Dallas and Irving.
DATE REFERENCE SUBJECT Request of AT&T Communications, PAGE
7/2/85 NUMBER
G-6372 Interstate Division, for a Grant Of 2
f 2
Privile a for Installation of a Fibre- o
optics Communications Cable System in
Downtown Fort Worth
SUMMARY OF AGREEMENT AND ORDINANCE PROVISIONS
Only a relatively short distance of AT&T construction will be done in Fort
Worth - approximately 1600 feet, from the center line of the T&P Railway
Company along Jennings Street north to 12th Street, and east to the South-
western Bell Telephone Building. The negotiated agreement provides fo r a grant
of privilege for this cable installation for a term of 25 years. The considera-
tion for this privilege is AT&T's agreement to pay in advance, $10,000 for the
first year and $1,600 per year (at the rate of one dollar per foot) for the
second thru the 25th year of the agreement. The Ordinance provides that the
annual "Street Rental" payments track inflation. Even with modest inflation, as
is currently in effect (3.9~), this 25 year agreement will produce additional
revenues to the City of approximately $$5,200.
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APPROVED BY
CITY COUNCIL
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City Sacszetasy of the
Citt. of Fos3 ~+~5~
SUBMITTED FOR THE
CITY MANAGER'S
DISPOSITION BY COUNCIL.
PROCESSED SY
OFFICE BV (] APPROVED
ORIGINATING
DEPARTMENT HEAD: Wade Adki nS Lj OTHER (DESCRIBE)
CITY SECRETARY
FOR ADDITIONAL INFORMATION
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CONTACT R. Au hinbau h Ext. 7698 ,_
Adopted Ordnance No. DATE