HomeMy WebLinkAboutResolution 3342-05-2006A Resolution
NO 3342-05-2006
AUTHORIZING THE CITY ATTORNEY TO FILE LAWSUITS AGAINST VERIZON,
TXU ELECTRIC DELIVERY, TRI COUNTY ELECTRIC COOPERATIVE, INC ,ONE
SOURCE COMMUNICATIONS, AND ATMOS ENERGY, FOR REFUSAL TO PAY FOR
THE RELOCATION OF UTILITIES LOCATED IN CITY RIGHT OF WAY AND IN
CONFLICT WITH THE CITY REQUIRED WIDENING OF KELLER HICK5 ROAD
WHEREAS, the City of Fort Worth (the City) has entered into a Community
Facilities Agreement with the Keller Independent School District ("KISD) City Secretary
Contract No 33444 which requires the KISD to widen Keller Hicks Road, a City Street and
WHEREAS Verizon TXU Electric Delivery Tri County Electric Cooperative Inc
One Source Communications and Atmos Energy have utilities located m City right of way
and in conflict with the City required widening of Keller Hicks Road and have refused to pay
for the cost of relocating those utilities and
WHEREAS, the City Attorney s Office is of the opinion that under state law a utility
company is required to relocate its facilities in conflict with a City street widening project at
the utility company s sole cost and expense
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS THAT
The City Attorney is authorized to file lawsuits against Verizon TXU Electric
Delivery Tri County Electric Cooperative Inc One Source Communications and Atmos
Energy to obtain and enforce a legal determination that a utility company must relocate at its
sole cost and expense facilities located in City right of way and in conflict with a City street
widening project
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s ~ j APPROVED
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION Approved on 5/9/2006 Resolution No 3342-05-2006
DATE Tuesday May 09 2006
LOG NAME 12RELOCATION REFERENCE NO G-15186
SUBJECT
Adopt a Resolution Authorizing the City Attorney to File Lawsuits Against Verizon TXU Electric
Delivery Tri-County Electric Cooperative Inc One Source Communications and Atmos Energy for
Refusal to Pay for the Relocation of Utilities Located in City Right-of Way and in Conflict with the
Widening of Keller Hicks Road a City Street
RECOMMENDATION
It is recommended that City Council adopt the attached resolution authorizing the City Attorney to file
lawsuits against Verizon TXU Electric Delivery Tri-County Electric Cooperative Inc One Source
Communications and Atmos Energy for refusal to pay for the relocation of utilities located in City right-of
way and in conflict with the widening of Keller Hicks Road a City street.
DISCUSSION
The City entered into a Community Facilities Agreement ("CFA') with the Keller Independent School District
("KISD") City Secretary Contract No 33444 for the installation of community facilities necessitated by the
construction of two KISD schools on Keller Hicks Road in the City of Fort Worth Under the CFA the KISD
is required to widen Keller Hicks Road a City street. Verizon TXU Electric Delivery Tri-County Electric
Cooperative Inc. One Source Communications and Atmos Energy have utilities located in City right-of
way not within an easement, that are in conflict with the City-required widening of Keller Hicks Road The
named utilities have refused to pay for the relocation of the facilities in conflict with the City street widening
project. The City Attorney's Office is of the opinion that State law requires the utility company to relocate
facilities in conflict with a City street widening project at the utility company's sole cost and expense
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
TO Fund/Account/Centers
Submitted for City Manager's Office by_
Originatina Department Head.
Additional Information Contact.
FROM Fund/Account/Centers
Marc Ott (7606)
David Yett (7606)
Doug Rademaker (6157)
Logname 12RELOCATION Page 1 of 1