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HomeMy WebLinkAboutOrdinance 8489~~ 7 ORDINANCE NO AN ORDINANCE GRANTING A PRIVILEGE TO TARRANT CABLE COMMUNICATIONS INC TO OCCUPY MAIN- TAIN AND UTILIZE CERTAIN PUBLIC PROPERTY ALONG BOAT CLUB DRIVE (FM HI"GHWAY NO 1220) WITHIN THE LIMITS HEREINAFTER MORE FULLY DESCRIBED FOR THE PURPOSE OF INSTALLING AND MAINTAINING CABLES TO INTERCONNECT SP;GINAW AND LAKE WORTH CABLE TELEVISION SERVICE PRO- VIDING FOR THE TERMS AND CONDITIONS OF THIS PRIVILE"GE PROVIDING FOR THE ANNUAL COMPENSA- TION 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 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH TEXAS SECTION 1 That a privilege is hereby granted to Tarrant Cable Communications Iric hereinafter referred to as Grantee to occupy maintain and utilize the following described public prop- erty along Boat Club Drive (FM Highway No 1220) in the City of Fort Worth Texas hereinafter referred to as City and de- scribed as follows BEING in and along Boat Club Drive (FM Hwy No 1220) from Tarrant County/Ft Worth common city limit line southerly to the Ft Worth/Lake Worth common city limit line and being more particularly described as follows BEGINNING at the city limit line on the west side of Boat Club Drive and at TESCO pole (No 72193-38029) and continuing southerly with the west ROW of Boat Club Drive 2973+ feet to TESCO pole (No 72202-37736) THENCE South with the east line of the S Townsend Survey Abstract 1554 1817+ feet to TESCO pole (No 72207-37551P) located on the north line of the N B Breeding Survey Abstract 189 THENCE East with the north line of the N B Breeding Survey same line being the boundary between Triangle Estates and Jenkins Heights con- tinuing 1683+ feet across Boat Club Drive to TESCO pole (No 72368-37550PF) located on the east side of Boat Club Drive THENCE South with the east line of Boat Club Drive 2212+ feet to TESCO pole (No 72372-37326P) located 12+ feet south of the Ft Worth/Lake Worth city limit line in total being 8684+ feet (1 64 miles) All 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 pro- visions herein contained SECTION 3 'Gr antee shall pay to the City the sum of Two Thousand Six Hundred Five and 50/100 Dollars ($2 605 50) 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 Such consideration shall be in addition to and exclusive of_ any other taxes or special assessments required 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 Commissioner of Accounts 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 in- terconnect cable television services between Saginaw and Lake Worth No cable installed pursuant to this grant of privilege shall be used to service customers in City 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 -2- 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 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 -3- ,.;, {~ ~..g, ' 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 (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 -4- (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 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 -5- 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 filed as provided for herein then this privilege shall be of no further effect and shall be considered as having been cancelled fully - 6- 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 Acting City Attorney ADOPTED EFFECTIVE -7- ~~ A ~ k ,. ~" "~ t~ F tsp.5; ..~~~~,; fig. >~, j5P °;~ Yy i tl.:{{ir~'~ W :C +~ S4 I snorer COT'IIIlunl route t Glorth tr between Lake ~+70 C c ti .~-; 'C ~~~ in h .. ~ V., ,. ~ '"'~ ~s~ ~ <' ~ ` CROMWELL MARINE CREEK, ~~',. ,r:, y 4 '.4y :~: `~ ` b 1 ~. d~ Co. Rd: -~ _ '7 +.~ ~: ~ w 1 F ~!L'?kewi r ' iy T' ~ N W (~! S'.: ~ 7~ M; ` ..V ~' ~ 'z - - r 4 ~ ~ j' ~u. ;~11 ~ { Y g t _ ~~` ~, ~"~D .: °' .5 _ i . .~ ~, ,,,. ~ ^,~ ti~ '~ ' : s (dba Tarrant Cable aJ , cation Inc ) proposed eN:~ !~ ~~ hrough Cit of Fort ~ y ublic right-of-way ~` ~" ~ -^~ b ~ - ~ .~Y , Tarrant County and '~ =, ~ ~ e rth ~ ~~: ~ y ~ R eRVtEto h f t ~.; ~~ t' ~'~ M~~F ~ 9 ~ . }r 7^a ~"i', . e ~~~ ~~ ~'~ -~ RI00 . ~ RIDGE W- • b1i1'I~lAl11 1 r.., ~ : ~~~ 50UTH_ IDLE /' f . p1_ "!' ~ 4 i ~ ~ ~.,~ m t * [ + i ~ Vy ~':kk ^~ : ~ ~ :s t t . . YH ~ > m • '~ a "~, Y i '" SEA BREE .r K: ~ ~.. J ~ .~ ,~ "~ p ~ ~ DO E PR1NGTi FAIR MIRD. ~ ` cl f~ .~ .: ~~ pSpN CLA ~ ' - ::. - '' ~NgQt ~ E A a 8 ~ ~ i ~ , ' ~ E - ~~. , .. G Z CE ~, +. 68 MALIIS 67 . ~ A .. .. t ~ a a ~~ '• ~~, HAPEI ~ ., r ~ •. a 6HORN •k~' M 1TE pTO0. S; ~ Lp IS N'~ ; ' u* ~bt8 Eryp POCK IN' a ~ `,. E E ~ ~ °~ ' I: ERE 1 ~ , ~ ~ 5 " POS'~ER ~,. B v 6 ~ B3 • 6 63 6 .6P ~ ~E.AVE ~ ~ g YG - v ' O Rt:EPNONE '~ , M~ ~ v CHAR ~ NN ~ ~ ~ h ~ ~~E In M h :. C ~HE,... ~~ ~~h ~ .. - ;y. ,,.~ ~ RAHAM , '~'.'-a' AAHAM ~,. ~ $ • n r J " YEARY ~ ~' ~ 6 ~~ M n ~ APAC I ~ ~~ 6O W I ). o~c ~ CONDEN l~;ta,. 1 M sc ~~ OAKS MANOR ~ ~'~.. AY IN y S Jg p ~.v , ~ A7 MADDELL ~ ~ rv. i~ ~ p , fsr4 - ` eucNANAN '' \ ~ c _ ,S4AlE In MtItR~ ~.vnrnwcv v~. -...... w ~~..~~ ... .__. 0 _ ...500 1000 0 1000 2000 3000 BOON VIiGE Y005 .„ ti0 `fin gr- Ir 4. t~ ~_,._. ~ _, City of Fort 3~orth, texas J1~Iayor and Conn~z~ Co~n~,~a,~na~atzon • • DATE REFERENCE SUBJECT Request of Storer Cable TV Of PAGE NUMBER Texas Inc To Use Right-Of-Way In 1 ** _ Fort Worth ~ 01 On September 15 1981 (M&C G-5100) the City Council adopted Ordinance No 8415, granting a privilege to Storer Cable TV of Texas Inc (Storer) to utilize the public right-of-way for a period of fifteen years along Crowley Road to inter- connect cable television lines between Crowley and Edgecliff Village The ordi- nance was the first of seven separate ordinances that Storer will require in order to deliver cable services via interconnecting lines which pass through parts of the City of Fort Worth to various communities within Tarrant County In each case Storer will pay an annual street rental fee to the City of Fort Worth A map detailing the location of Storer's third request is attached Storer d/b/a Tarrant Cable Communications Inc is franchised currently to provide cable television services to both Saginaw an~i Lake Worth and now re- quests permission to occupy certain rights-of-way located within the corporate boundaries of the City in order to connect Saginaw and Lake Worth by cable This will allow Storer to utilize its master hub and equipment in Saginaw to deliver cable television service to Lake [lorth An ordinance containing all precautionary measures necessary to protect the in- terests of the City of Fort Worth is attached it will allow Storer to occupy portions of the public right-of-way along Boat Club Drive (FM Highway No 1220) for a period of fifteen years In exchange for this privilege the ordinance requires Storer to reimburse the City of Fort Worth $2 605 50 annually Recommendation It is recommended that the City Council adopt the attached ordinance approving the use of certain public rights-of-way by Storer d/b/a Tarrant Cable Communi- cations Inc for a period of fifteen years RAM jq Attachment APPROVED BY CITY COUNCIL DEC 15 1981 iUSMITTED FOR THE CITY MANAGER'S ! ' DISPOiIT10N 0Y COUNCIL. PROG`ESSEO BY nFi1CE BY ~% -~ ,_ ti ^ APPROVED ~-~,lts~_s~..> ORIGINATING ^ OTMER (DE~~T!! ~cxetarq of ~ the~~ DEPARTMENT MEAD: Ruth Arin MCKirine ~ of ~~IC Woxt ; G . a~ CITYa.SECRETARV FOR ADDITIONAL INFORMATION CONTACT Sam Nunn EXt . 6110 DATE