HomeMy WebLinkAboutOrdinance 18223-08-2008ORDINANCE NO.18223-08-2008
AN ORDINANCE REQUIltING SOUTIIWESTERN BELL
TELEPHONE CO., D/B/A AT&T TEXAS ("AT&T") TO RELOCATE
ITS UTILITY FACILITIES LOCATED IN CITY RIGHT-OF-WAY
IN OR ALONG CROMVVELL MARINE CREEK ROAD AT THE ITS
SOLE COST AND EXPENSE WITHIN 30 DAYS OF THE ADOPTED
DATE OF THIS ORDINANCE TO ALLOW THE WIDENING OF
CROMVVELL M[AR]D\TE CREEK ROAD; AUTHORIZING THE
CITY ATTORNEY'S OFFICE TO PURSUE LEGAL ACTION
AGAINST AT~iT IF IT FAILS TO RELOCATE ITS FACILITIES AT
ITS OWN EXPENSE WITHIN 30 DAYS OF THE ADOPTED DATE
OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WI~IEREAS, the City of Fort Worth ("City") has entered into City Secretary
Contract No. 35366, a Community Facilities Agreement ("CFA") with the Eagle Mountain
Saginaw Independent School District ("EMSISD") which requires EMSISD to widen
Cromwell Marine Creek Road, a City street; and
WHEREAS, Southwestern Bell Telephone Co., d/b/a AT&T Texas ("AT&T") has
facilities located within City right-of--way in or along Cromwell Marine Creek Road and
said facilities are in conflict with the widening of Cromwell Marine Creek Road; and
WHl'~REAS, the Texas Utilities Code provides that the governing body of a
municipality may require a certificated telecommunications utility to relocate the utility's
facility at the utility's expense to permit the widening and/or straightening of a city street by
giving the utility 30 days' notice and specifying the new location for the facility along the
right-of--way of the street; and
WHEREAS, the governing body is requiring that AT&T relocate its
facilities located in City right-of--way in or along Cromwell Marine Creek Road, at the
AT&T's sole cost and expense, to an area within the new location(s) presented on Exhibit
"A" attached hereto and incorporated herein by this reference.
WHEREAS, the City Attorney's Office seeks council authorization to pursue legal
action against AT&T, if AT&T does not relocate its facilities at its expense within 30 days
of the adopted date of this Ordinance, to obtain and enforce a legal determination that a
utility, at the utility's sole expense, must relocate facilities located in City right-of--way and
in conflict with a City street widening or straightening project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
Section 1.
Pursuant to Texas Utilities Code § 54.203, the City Council hereby requires
that AT&T relocate its facilities located in City right-of--way in or along Cromwell Marine
Creek Road, at AT&T's sole cost and expense, to an area within the new location(s)
presented on Exhibit "A".
Section 2.
The City Attorney's Office is authorized to pursue legal action against AT&T, if
AT&T does not relocate its facilities at its expense within. 30 days of the adopted date of this
Ordinance, to obtain and enforce a legal deternnation that a utility must, at the utility's sole
expense, relocate facilities located in City right-of--way and in conflict with a City street
widening or straightening project.
Section 3.
This Ordinance shall be cumulative of all provisions of ordinances and of the Code
of the City of Fort Worth, Texas (1986), 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 4.
That if any portion, section or part of a section of this Ordinance is subsequently
declared invalid, inoperative or void for any reason by a court of competent jurisdiction,
the remaining portions, sections or parts of sections of this Ordinance shall be and remain
in full force and effect and shall not in any way be impaired or affected by such decision,
opinion or judgment.
Section 5.
That this Ordinance shall take effect and be in full force and effect from and after its
adoption.
AND IT IS SO ORDAINED.
ADOPTED AND EFFECTIVE: August 19, 2008
M&C:G-16239
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Gi~jr ®f Ford ~I/®r~h, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/19/2008 -Ord. No. 18223-08-2008
DATE: Tuesday, August 19, 2008
LOG NAME: 12A1~1-UTILRELOC REFERENCE NO.: G-16239
SUBJECT:
Adopt an Ordinance Requiring Southwestern Bell Telephone Co., d/b/a AT&T Texas, to Relocate its
Utility Facilities Located in City of Fort Worth Right-of-Way in or along Cromwell Marine Creek Road
at its Expense within 30 Days of the Adopted Date of the Ordinance and Authorizing the City
Attorney's Office to Pursue Legal Action Against AT&T Texas if it Fails to Relocate at its Expense
within the 30 Day Period
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance requiring Southwestern Bell
Telephone Co., d/b/a AT&T Texas, to relocate its utility facilities located in City of Fort Worth right-of-way in
or along Cromwell Marine Creek Road at AT&T's sole cost and expense within 30 days of the adopted date
of the ordinance to allow the widening of Cromwell Marine Creek Road and authorizing the City Attorney's
Office to pursue legal action against AT&T if it does not relocate within the time period.
DISCUSSION:
The City entered into City Secretary Contract No. 35366, a Community Facilities Agreement (CFA) with the
Eagle Mountain Saginaw Independent School District (EMSISD) which requires EMSISD to widen Cromwell
Marine Creek Road, a City street. Southwestern Bell Telephone Company, d/b/a AT&T Texas (AT~T), has
facilities located within City right-of-way in or along Cromwell Marine Creek Road that are in conflict with the
widening of Cromwell Marine Creek Road. On May 20, 2008, via M&C G-16157 Council adopted an
ordinance requiring Oncor Electric Delivery to relocate its facilities located in City right-of-way in or along
Cromwell Marine Creek Road to accommodate this street widening project. Oncor has relocated, but AT&T
has not relocated its lines from the Oncor poles despite requests from EMSISD consultants and City staff.
The Texas Utilities Code provides that the governing body of a municipality may require a certified
telecommunications utility to relocate the utility's facility at the utility's expense to permit the widening and/or
straightening of a City street by giving the utility 30 days' notice and specifying the new location for the
facility along the right-of-way of the street.
By adoption of the attached Ordinance, the governing body is announcing its requirement that AT&T
relocate its facilities at its expense to a location identified on Exhibit "A" of the Ordinance within 30 days of
the adopted date of the Ordinance.
Further, the Ordinance authorizes the City Attorney's Office to pursue legal action against AT&T if it does
not relocate its facilities within 30 days of the adopted date of the Ordinance.
This project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
Logname: 12ATTUTILRELOC Page 1 of 2
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/AccountlCenters
FROM Fund/Account/Centers
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: David Yett (7623)
Additional Information Contact: Amy Ramsey (7617)
Logname: 12ATTUTILRELOC Page 2 of 2