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HomeMy WebLinkAboutOrdinance 8415ORDINANCE NO 8~ J AN ORDINANCE GRANTING A PRIVILEGE TO STORER CABLE TV OF TEXAS INC TO OCCUPY MAINTAIN AND UTILIZE CERTAIN PUBLIC PROPERTY ALONG CROWLEY ROAD (FM HWY 731) WITHIN THE LIMITS HEREINAFTER MORE FULLY DESCRIBED FOR THE PURPOSE OF INSTALLING AND MAINTAINING CABLES IN ORDER TO INTERCONNECT CROWLEY AND `EDGECLIFF VILLAGE CABLE TELEVISION SERVICES PROVIDING FOR THE TERMS AND CONDITIONS OF THIS PRIVILEGE PROVIDING FOR THE ANNUAL COMPENSATION TO BE PAID TO THE CITY OF FORT WORTH PROVIDING FOR PAYMENT OF THE PUBLICATION FEE AND PROVIDING FOR THE EFFECTIVE DATE OF THIS PRIVILEGE AND ORDINANCE J BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH TEXAS SECTION 1 That a privilege is hereby granted to Storer Cable TV of Texas Inc hereinafter referred to as Grantee to occupy, maintain and utilize the following described public property along Crowley Road (FM Hwy 731) in the City of Fort Worth Texas hereinafter referred to as City and described as follows BEING in and along Crowley Road ( State FM Hwy No 7 31 ) from the Crowley/Fort Worth City limits on the south end of the proposed route to the Fort Worth/Edgecliff City limits boundaries on the north and being adjacent to J Van Riper Survey Abstract 1589 G Herrera Survey Abstract 2020 S A &M G R R Survey Abstract 1462 J Wilcox Survey Abstract 1743 C M Martin Survey Abstract 1022 J A McGill Survey Abstract 568 and the H Walker Survey Abstract 1622 and being more particularly described as follows BEGINNING at the city limits on the east side of Crowley Road (FM Hwy No 731) being 67 feet south of Texas Electric Service Company (hereinafter TESCO ) pole number 748-238 and continuing north 4154 feet to TESCO pole No 465-665 (21 poles contacted) THENCE Westerly 120 feet crossing the road to TESCO pole No 455-664 ~._ .-;.. THENCE North along the west line of Old Crowley Road 1005 feet to TESCO pole No 454-757 (6 poles contacted ) THENCE East with the south line of Risinger Road 1002 feet again crossing Crowley Road to TESCO pole No 553-756 (6 poles contacted) THENCE North with the east line of Crowley Road 12 899 feet to TESCO pole No 555-062 being 15 feet south of the city limits line (78 poles contacted) in total being 19 179 feet ( 3 63 miles ) and contacting 111 poles Al l of these described pole/lines are as shown on detailed drawings filed in the City Public Utilities office SECTION 2 That this privilege is granted for a term of fifteen (15) years unless sooner terminated according to other terms and provisions herein contained SECTION 3 Grantee shall pay to the City the sum of Five Thousand Seven Hundred Fifty-Three and 70/100 Dollars ($5 753 70) annually for the privilege herein granted said sum to become due and payable on the 2nd day of January of each year in advance during the term hereof provided however that the first payment due here- under in the sum of One Thousand Four Hundred Thirty-Eight and 42/100 Dollars ($1 438 42) shall become due and payable upon the effective date of this ordinance and shall cover the considera- tion for the last calendar quarter of 1981 in which time this privilege was exercised Such consideration shall be in addition to and exclusive of any other taxes or special assessments re- quired by law to be paid by Grantee All sums shall be made payable to the City of Fort Worth and shall be directed to the Public Utilities Supervisor of the City SECTION 4 That the above described property shall be used by Grantee for the following purpose under the direction of the City Manager of the City or his designee to install and maintain cables to interconnect cable television services between Crowley and Edgecliff Village No cable installed pursuant to this grant of privilege shall be used to service customers in City -2- SECTION 5 That the above described privilege in the above described area is granted subject to the following conditions terms and reservations (a) That at such time as this grant is terminated or can- celled for any reason whatsoever Grantee shall remove all im- provements and appurtenances owned by it situated in on over under or attached to the hereinabove described area and shall restore the premises in accordance with the requirements of the City Manager or his designee at the sole cost of Grantee In the event Grantee shall fail to comply with said orders issued by City or such work is not done to the satisfaction of the City Manager or his designee then in either event the City shall have the right to do all work necessary to restore said area as aforesaid or cause such work to be done assess the cost of all such work against Grantee and the City shall in no case be liable to Grantee on account thereof (b) This privilege is made subordinate to the right of City to use said area for a public purpose and in addition to any other reservations made herein it is understood and agreed that should the City deem it in the public interest to use the above area or any portion thereof for any public purpose or for any utility service which will require the use of said area then and in that event the City shall give Grantee 180 days written notice of its intention to cancel this privilege Grantee shall likewise have the same right of cancellation upon giving the City 180 days written notice of its intention to cancel and in either event upon the termination or cancellation by City or Grantee as the case may be this privilege shall become null and void and Grantee or anyone claiming any rights under this instru- ment shall remove any improvements and encroachments from said area at Grantee s expense Failure to do so shall subject Grantee to the provisions contained in Subsection (a) above All work -3- shall be done at the sole cost of Grantee and to the satisfaction of the City Manager or his designee The decision of the Governing Body of the City in this matter shall be final and binding upon all parties insofar as the City s determination as to the public necessity of the use of said area for public use (c) It is further understood that if and when the City in the exercise of its discretion shall determine that the grade of any street sidewalk or parkway should be modified or changed or that any other work should be done in connection with any public improvement which will affect the above described area and/or any of Grantee s installations and improvements thereon any modifi- cations construction reconstruction or change in connection with said area and/or improvements located thereon shall be done at the sole expense of Grantee and to the satisfaction of the City Manager or his designee (d) It is understood and agreed and a condition hereof, that Grantee shall at all times during the term hereof carry pub- lic liability insurance against personal injury and property damage with a company authorized to do business in the State of Texas and satisfactory to the City and protecting the City against any and all claims for damages to persons or property as a result of or arising out of the use and maintenance by Grantee of the hereinabove described area and Grantee s improvements and equipment in connection therewith and located therein Said in- surance shall be in amounts of not less than $300 000 00 - Bodily Injury or Death per Occurrence $100 000 00 - Property Damage Per Occurrence Grantee shall carry said insurance at its expense and shall furnish to the City a certificate of such coverage Said policy shall bear an endorsement to the effect that no cancellation will be effective without first giving ten (10) days written notice to the City In the event Grantee shall allow said insurance coverage to lapse during the term hereof then this privilege shall automatically be cancelled and terminated -4- (e) This privilege is subject to all State law the provi- sions of the Charter of the City as it now exists or as may hereafter be adopted or amended and the Code of the City and ordinances now in effect or ordinances which may hereafter be passed and adopted The City shall have the right to increase or decrease the compensation to be charged for the use contemplated by this grant (f) The Governing Body of the City reserves the right at any time, for good and sufficient reason to terminate and cancel this privilege in accordance with the terms and conditions here- of by resolution duly passed by said Governing Body, and all rights granted hereunder shall thereupon be considered fully ter- minated and cancelled and the City shall not be held liable by reason thereof Said resolution shall be final and shall not be subject to review by the Courts (g ) As a condition hereof Grantee agrees and is bound to hold the City whole and harmless against any and all claims for damages costs and expense to persons or property that may arise out of or be occasioned by the use, occupancy and maintenance of the above described public property by Grantee or from any act or omission of any representative agent customer and/or em- ployee of Grantee This agreement shall also cover any claim for damage that any utility whether publicly or privately owned may sustain or receive by reason of Grantee s use of said privilege or Grantee s improvements and equipment located thereon Grantee shall never make any claim of any kind or character whatsoever against the City for damages that it may suffer by reason of the installation construction reconstruction operation and/or maintenance of any public improvement or utility whether pre- sently in place or which may in the future be constructed or installed including but not limited to any water and/or sanitary sewer mains and/or storm sewer facilities and whether such -5- damage is due to flooding infiltration backflow and/or seepage caused from the failure of any installation natural causes or from any other cause of whatsoever kind or nature It is the intention of this indemnity agreement on the part of Grantee and a condition of this privilege that it shall be full and total indemnity against any kind or character of claim whatsoever that may be asserted against the City by reason or as a consequence of having granted permission to Grantee to use and maintain the above described public property Grantee hereby agrees to defend any and all suits claims or causes of action brought against the City on account of same and discharge any judgment or judgments that may be rendered against the City in connection therewith (h) This privilege is subordinate to and subject to the rights of City s cable communications operator Sammons of Fort Worth Inc (hereinafter Sammons ) franchised in and by City Ordinance No 8291 and City Secretary Contract No 11863 with respect to use of existing utility pole-lines and Grantee hereunder shall wherever and whenever necessary make space available for Sammons Grantee hereunder shall at all times cooperate with and provide all assistance and information necessary for the successful and efficient installation maintenance and operations of Sammons Fort Worth cable communications systems In the event that the Fort Worth Sammons and Grantee s systems are incompatible then this privilege shall automatically terminate and Grantee shall be subject to Subsection (a) above SECTION 6 Grantee shall pay the fee for publishing this ordinance SECTION 7 Grantee shall accept the provisions of this ordinance by filing acceptance in writing with the City Secretary of the City within thirty (30) days after this ordinance shall have become fully effective In the event said acceptance in writing is not - 6- ,,.,~. filed as provided for herein then this privilege shall be of no further effect and shall be considered as having been cancelled fully SECTION 8 This Ordinance shall take effect immediately from and after its passage and publication in connection with the provisions of the Charter of the City and it is accordingly so ordained APPROVED AS TO FORM Paul C Isham City Attorney ADOPTED ~L ~S / 9 ~` f EFFECTIVE -7- ~. ~- ,. ~; ~2ty of 1Fo~°t ~®rth, ~"e.~as 1~cayor and ~oun~zl ~omrs~.un~,~cctao~a DATE REFERENCE SUBJECT Request Of Storer Cable TV of PAGE NuMeER .Texas Inc To Use Public Rights-of- 2 g ** G-5100 ay Within Corporate Limits of Fort i°r Worth Storer Cable TV of Texas Inc a subsidiary of Storer Broadcasting Company, has requested permission (letters-Attachment A ) to construct cable facilities within the corporate limits of Fort Worth on Crowley Road (FM Hwy 731) Storer is franchised to provide cable service in Crowley and Edgecliff, and desires to connect the two cities by cable so that the master hub and equipment in Crowley can provide service to both cities An existing TESCO pole line will be utilized, not only by Storer, but by the Fort Worth cable service provider, Sammons of Fort Worth This request is the first in a series of seven requests Storer has been franchised in a number of Tarrant County cities and requests the City of Fort Worth's authority for such construction on an individual basis, one location at a time The seven locations for the cables linking the cities, and the cities fran- chised to Storer are shown on Attachment (B) Location 7 on that map is an area in which Storer began construction in the mistaken belief that it was in Euless After an investigation by the staff determined that the tract was in Fort Worth and Storer was notified construction was halted Meetings between representatives of Storer, Sammons, TESCO and the City have been held and arrangements have been worked out for the placement of the two cable companies' facilities on the TESCO pole line(s) Sammons the City's contractor is believed to have a higher priority right to the pole space and Storer is cognizant of its subordinate position The City of Fort Worth has authorized two other cable system operators to pass through the City right-of-way in the past in the following cases (a) View Cable TV - River Oaks to Westworth t1&C G-4487 3/25/80 Ordinance 8069 (b) Sammons of Benbrook -.parts of Benbrook M&C G-4676 9/2/80 Ordinance 8163 The map in Attachment C shows the location on Crowley Road of the requested Storer cable placement, between the City of Fort Worth-Crowley and City of Fort Worth-Edgecliff city limits boundaries An ordinance containing all precautionary measures necessary to protect the interests of the City of Fort Worth has been prepared (Attachment D) which permits Storer to use Crowley Road to secure its customers in Edgecliff -~.w ,.