Loading...
HomeMy WebLinkAboutOrdinance 8163 Attachment C ORDINANCE NCia,. J (p ~ AN ORDINANCE GRANTING A PRIVILEGE TO SAMMONS COMMUNICATIONS INC TO OCCUPY MAINTAIN AND UTILIZE CERTAIN PUBLIC PROPERTY ALONG VICKERY BOULEVARD HIGHWAY 377 AND LOOP 820 (INTERSTATE 20) WITHIN THE LIMITS HEREINAFTER MORE FULLY DESCRIBED FOR THE. PURPOSE OF INSTALLING AND MAINTAINING CABLES IN ORDER TO BRING CABLE TELEVISION SERVICE TO A PORTION OF BENBROOK TEXAS 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 PUBLICA- TION FEE AND PROVIDING FOR T~iE 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 Sammons Communications Inc hereinafter referred to as 'Grantee' to occupy, maintain and utilize the following described public property along Vickery Boulevard Highway 377 and Loop 820 (Interstate 20) in the City of Fort Worth Texas hereinafter referred to as 'City' and described as follows Being a part of Boaz Park Vickery Boulevard and Loop 820 and being adjacent to subdivisions 'L L Loop' Ridglea West" "Monterey Manor' 'Ridglea Hills' and 'Ridglea Country Club Estates" and being more particularly described in three (3) tracts as follows Tract I - Boaz Park On Highway 377 on Texas Electric Service Company (hereinafter TESCO) pole line in north west corner of Boaz Park beginning at a point 149 feet north of pole 127/268 and con- tinuing south 775 feet to the Benbrook city limits (5 poles ,contacted ) Tract II - Vickery Boulevard On the north side of Vickery beginning at the pole located 190 feet east of Old Benbrook Road and continuing in an easterly and northerly direction contacting the next 22 TESCO poles to Loop 820 a distance of 3 453 feet -- .~ Tract III - Loop $20 (Interstate 20) On the south right-of-way line of Loop 820 commencing at the 1st TESCO pole south of Vickery (pole 22 as described in II above) and continuing in a south-easterly direction, contacting 7 TESCO poles a distance of 1 526 feet and beginning at a pole located 346 feet north west of the last (7th) TESCO pole described in III above and crossing Loop 820 a distance of 340 feet and continuing in a south easterly direction to the last TESCo pole at the north bank of the Trinity River a distance of 1208 feet con- tacting 6 poles All of these described pole/lines are as shown on detailed drawings filed._in City Public Utilities office SECTION Z 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 Two Thousand Sixteen and 85/100 Dollars ($2 016 85) 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~bhe first payment due .hereunder in the sum of Five Hundred Four and 21/100 Dollars ($504 21) shall become due and payable upon the final passage of this ordinance and shall cover the consideration for last calendar quarter of the year 1980 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 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 for use in cable television operations in Benbrook Texas only No cab"le installed pursuant to this -2- grant of privilege shall be used to service customers in City unless Grantee herein is awarded a franchise by the City f:or such purposes SECTION 5 That 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 cancelled for any reason whatsoever Grantee shall remove all improvements 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 require- ments 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 ~,o. G,rantee on a;ccoun~t 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 a 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 termina- tion or cancellation by City or Grantee as the case may be, this privilege shall become null and void and Grantee or anyone -3- claiming any rights under this instrument 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 .necess.ity of the-~ us:e 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 andJor any of Grantee's installations and improvements thereon any modifications 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 satifaction 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 public liability insurance against personal injury and property damage with a company authorized to do business in the State of Texas and satsifactory 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 insurance shall be in amounts of not less than -4- $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 o.f 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 provisions 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 riow 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 con- templated 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 hereof by resolution duly passed by said Governing Body and all rights granted hereunder shall thereupon be considered fully terminated 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 employee of Grantee This agreement shall also cover any claim for damage that any utility whether -5- 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 presently 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 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 dis- charge any judgment or judgments that may be rendered against the City in connection therewith (h) This privilege is made subordinate to the right of the City to grant a franchise to another cable operator to service the City It is therefore understood and agreed that should the City deem it in the public interest to grant a franchise to another cable operator Grantee hereunder shall wherever~~necessary make space available for such franchised operator In any event Grantee hereunder shall at all times cooperate with and provide all information necessary for the successful installation maintenance and operations of the Fort Worth franchisee In the event that the Fort Worth franchisee's and Gran-tee's systems are incompatible then -6- this privilege shall automatically terminate and Grantee shall be subject to Subsection (a) above (i) That if the Fort Worth franchise is granted to Grantee this (Benbrook) privilege shall automatically be subject to the terms conditions and provisions of the franchise grant All provisions of this privilege conflicting with said grant shall be considered null and void and have no further force or effect 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 th.ir-ty (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 "tli:s 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 in connection with the provisions of the Charter of the City and is accordingly so ordained APPROVED AS TO FORM ~ ~,~.~ Pau C Isham City Attorney ADOPTED ~~y~G~~ ~ . ~ 9gO EFFECTIVE -7- ,~_. ~~~~ ~it~r ®~' ~®rt ~W®~°t~, ~e~~~ ~~~®~r ~~,~1 c~~~c,+c~,~c~ll c~®~,~,~~,~~c~~~®~, DATE REFERENCE SUBJECT Request Of Sammons COmmLtIlY,O.a- PAGE NUMBER Lions Inc to Use Public Rights-of-Way 1 9/2/80 **G-4676 Within the Cor orate Limits of Fort. for Worth to Serve CATV Customers in Benbrook Texas The City of Benbrook has awarded a cable television franchise to Sammons Com- munications Inc Sammons has requested authority from the City of Fort Worth to use some of its streets in order to furnish cable television service to approximately 500 residents in the northwest and northeast portions of Benbrook (Attachment A) The most practicable way to serve these customers is by use of utility poles owned by TESCO situated on certain streets in Fort Worth The proposed cable routes on Vickery Boulevard Highway 377 and Loop 820 are shown on Attachment B An ordinance containing all the precautions necessary to protest the interests of Fort Worth has been prepared (Attachment C) to permit Sammons to use approxi- mately 7 334 feet of Fort Worth streets to serve its Benbrook customers for a term of fifteen years Recommendation It is recommended that the City Council approve the use of public rights-of- way by Sammons Communications Inc for a period of fifteen years as described in the attached ordinance PCI ms Attachments SUBMITTED FOR Trtt CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY: ^ APPROVED ORIGINATING DEPARTMENT HEAD: Pahl C Isham ~~Q~~~~ ^ OTHER (DESCRIBE) ~~k .~T~~ ~ / ~ CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Pahl C Isham ext e 7623 DATE