HomeMy WebLinkAboutOrdinance 20414-09-2012ORDINANCE NO. 20414-09-2012
AN ORDINANCE GRANTING A LICENSE TO SPRINT
COMMUNICATIONS COMPANY L.P. FOR USE OF PUBLIC RIGHTS-
OF-WAY IN THE CITY OF FORT WORTH FOR THE PURPOSE OF
CONSTRUCTING, MAINTAINING AND OPERATING A
TELECOMMUNICATIONS SYSTEM SOLELY FOR THE
TRANSMISSION OF LONG DISTANCE TELEPHONE SERVICES;
REQUIRING EXECUTION OF A PUBLIC RIGHT- OF-WAY USE
AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SPRINT
COMMUNICATIONS COMPANY L.P. REGARDING CONDITIONS AND
REQUIREMENTS RELATED TO (i) THE USE OF PUBLIC RIGHTS -OF-
WAY IN THE CITY OF FORT WORTH; (ii) THE CONSTRUCTION,
MAINTENANCE AND OPERATION OF A TELECOMMUNICATIONS
SYSTEM FOR THE TRANSMISSION OF LONG DISTANCE
TELEPHONE SERVICES; AND (iii) REASONABLE COMPENSATION
TO THE CITY OF FORT WORTH FOR THE USE OF THE PUBLIC
RIGHTS -OF -WAY; PROVIDING FOR PUBLICATION; PROVIDING AN
EFFECTIVE DATE; AND REPEALING ORDINANCE NO. 11380
CONTEMPORANEOUSLY WITH THE EFFECTIVENESS OF THIS
ORDINANCE
The following statements are true and correct and constitute the basis upon which the
City Council of the City of Fort Worth ("City") has adopted this Ordinance:
A. Sprint Communications Company L.P, ("Company"), a Delaware limited
partnership , wishes to use certain specific portions of the public rights-of-way in the City for the
purpose of constructing, maintaining and operating a telecommunications system solely for the
transmission of long distance telephone services ( "System"") through the City, including
approximately 3,167 linear feet of night-of-way previously licensed to Company pursuant to
Ordinance No. 11380 and an additional 56.3 linear feet of additional light -of -way licensed to
Company hereunder. The System will consist of fiber optic cable and related equipment that
Company will install above and within the public rights-of-way in the City. In. accordance with
the City Charter and ordinances of the City, Company has applied for a license from the City in
order to carry out those purposes.
B. The City has reviewed Company's request and agrees to grant Company a twenty-
five (25) year license for use of such public rights-of-way in the City, on the terms and
conditions set forth herein, solely for the transmission of long distance telephone services
through the City.
C. In order for the entire System to be covered by one (1) licensing ordinance, the
City and Company wish to repeal Ordinance No. *11380, which expires on September 15, 2018,
contemporaneously with the effectiveness of this Ordinance. Company has paid the City all
compensation required by Ordinance No, 11380. Accordingly, the City wishes to grant
CID 504682 Ordinance No. 20414-09-2012
AID 342368 Page 1 of 2
Company a Right-of-Way Use Fee credit for the remaining six (6) years of the term of Ordinance
No. 113180, which credit will be applied to the Right-of-Way Use Fee payable hereunder.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
Section 1. Subject to the execution, by Company of a Public Right-of-Way Use Agreement in
the form attached hereto as Exhibit 1, which is hereby made a part of this Ordinance for all
purposes, the City hereby grants Company a license to locate, place, attach, install, operate and
maintain its System in, on, above and within the portions of the public rights-of-way in the City
identified in Exhibit "A" of such .Public Right-of-Way Use Agreement.
Section 2. In accordance with and as required by Section 2 of Chapter XXV of the City's
Charter, the City Secretary is hereby directed to publish this Ordinance in its entirety once each
week for four (4) consecutive weeks within a period of thirty (30) days following adoption by the
City Council in the official newspapers of the City. Company shall pay for or reimburse the City
for all expenses incurred from such publication.
Section 3. This Ordinance shall be in full force and effect following (1) its adoption; and (ii)
its publication in accordance with Section 2; and (iii) in accordance with Section 1, the execution
of the Public Right-of-Way Use Agreement attached hereto as Exhibit 1.
Section 4, Ordinance No. 11380 is hereby repeated contemporaneously with the
effectiveness of this Ordinance; provided, however, that Company shall continue to be bound by
all terms and conditions set forth in Ordinance No. 11380 through the effective date of such
repeal.
ADOPTED: Spptember 25 2012
G-17683
M & C Number
EFFECTIVE DATE:
APPROVED AS TO FORM AND LEGALITY:
By:
Denis C. McElroy
Assistant City Atto ey
City of Fort Worth
CID 504682 Ordinance No. 2041409-2012
AJD 342368 Page 2 of 2
Exhibit I
PUBLIC RIGHT-OF-WAY USE AGREEMENT
(Long Distance Telephone Service Provider)
The following statements are true and correct and constitute the basis of this Public
Right-of-Way Use Agreement ("Agreement"),
A. The City Council of the City of Fort Worth has adopted an ordinance that grants
Sprint Communications Company L.P. ("Company") a license to locate, place, attach, install,
operate and maintain a fiber optic cable system other related equipment in certain specific
portions of the public rights-of-way in the City of Fort Worth solely for the transmission of long
distance telephone services through the City of Fort Worth ("Public Right-of-Way Use
Ordinance"), subject to the execution by Company of this Public Right-of-Way Use Agreement.
B. In accordance with the Public Right-of-Way Use Ordinance, Company desires to
enter into this Agreement.
NOW, THEREFORE, the City and Company agree as follows:
1. DEFINITIONS.
Capitalized terms used in this Agreement and not otherwise defined within this
Agreement shall have the following meanings:
Act shall mean the federal Communications Act of 1934, as amended.
Affiliate shall mean any individual, partnership, association, joint stock company, limited
liability company, trust, corporation, or other person or entity who owns or
controls, or is owned or controlled by, or is under common ownership or control
with, the Company.
Cable Services shall mean only the one-way transmission to subscribers of (i) video
programming provided by, or generally considered comparable to programming
provided by, a television broadcast station; (ii) other programming services, such
as digital audio, by which is meant information which Company makes available
generally to all subscribers of Company's Cable Services, such as digital cable
radio service; (iii) information services; (iv) Internet protocol (IP) telephony; (v)
high speed data service; (vi) Internet access and Internet service, such as that of
any Internet service provider; and (vii) interactive services, such as the ordering
of merchandise and the downloading of programs or data access.
Communications Business shall mean the operations necessary and incident to
Company's transmission of long distance telephone service through the City.
CID 504682
AID 342368
Communications Services shall mean only the transmission via Company's System of
long distance telephone services through the City.
Company shall mean Sprint Communications Company L.P. a Delaware limited
partnership, only and shall not include any Affiliate or third party.
City shall mean the area within the corporate limits of the City of Fort Worth, Texas and
the governing and administrative body thereof.
Effective Date shall mean the effective date of the Public Right-of-Way Use Ordinance.
FCC shall mean the Federal Communications Commission.
Long Distance Telephone Services shall have the meaning ascribed by applicable
federal and state law, as they may be amended from time to time, but shall not
include provision of services as a local exchange carrier.
Person shall mean an individual, a corporation, a limited liability company, a general or
limited partnership, a sole proprietorship, a joint venture, a business trust or any
other form or business entity or association,
Public Rights-of-Way shall mean only those portions of the public rights-of-way in the
City identified in Exhibit "All of this Agreement, which is attached hereto and
hereby made a part of this Agreement for all purposes.
PUC shall mean the Texas Public Utility Commission.
System shall mean Company's system of fiber optic cable and other equipment in the
Public Rights-of-Way used by Company in the transmission of long distance
telephone services through the City.
Telecommunications Service shall mean the offering, transmission or receipt of any
type of telecommunications service, other than long distance telephone service, to
the public, or to such classes of users as to be effectively available directly to the
public, regardless of the facilities used, by means of the transmission, between or
among points specified by the user, of information of the user's choosing, without
change in the form or content of the information as sent and received.
2. GRANT OF RIGHTS.
2.1. General Use of Public Rights -of -Way for Provision of Communications
Services.
Subject to the terms and conditions set forth in the Public Right-of-Way Use
Ordinance, this Agreement and the City Charter and ordinances, the City hereby grants
Company a license to locate, place, attach, install, modify, operate, maintain, replace and
CID 504682
AID 342368
remove its System iu the Public Riubto-nf-Wuy as defined in Section l hereof. Company
bcrchy acknowledges and agrees that the location, ^ttuobmxnL` installation, operation,
maintenance, removal, rnotbzobmeot` njooLuUu1ion, ruk)ondinu and/or replacement of
System or any other System equipment constitutes an actual use of the Public Rights-of-
Way, that the City has the night k> manage and regulate the use ofsuch Public Rights-of-
Way, and that the City in entitled to recover reasonable compensation from Company on
account of such use ofthe Public Rights-of-Way. Company u&rocs that Chapter 283 of
the Texas Local Government Code does not apply t0 the Oya|eon or govern Company's
operations in the Public Ricb\o-of-Vvuy.
Company hereby acknowledges and agrees that this Agreement addresses only the
use of the Public Rights-of-Way by Company in the transmission of long diob/oco
telephone services and does not grant Company or any /\ffi|iah: or contractor of
Company the use of the Public Rights-of-Way for any other reason, including, but not
limited to, the transmission, receipt or provision of any Cable Services or
Tuleoou-ounications Services in or through the City. If Company, an /\DU|io10 of
Company, or any assignee, successor in interest or contractor uf Cnrnnuny contends that
Conupuo8 an /\M\\iute of Company, or any assignee, successor in interest oc contractor of
Cnoupuuy wishes to or intends to provide any Cable Services or Telecommunications
Services inorthrough the City; (ii) wishes to construct and/or install additional facilities
in any of the City's public rights-of-way other than the Public Rights-of-Way defined in
8ctdon |; or (iii) wishes or is obligated to allow uondber Person to use the System to
provide any Cable Bnn'inem or Telecommunications Services in or through the City,
Company shall firatnotify the City in writing and shall obtain u franchise ur other written
permit or agreement for the use of the Public Rights-of-Way in that respect in accordance
with applicable law.
Any and all rights granted to Company under this Agreement, which shall be
exercised at Company's sole cost and expense, shall besubject to the prior and continuing
debi of the City to use any and all parts of the Public Rights-of-Way exclusively or
concurrently with any other yscsun or Persons having the legal debt to use such Public
Rights-of-Way. lu addition, any and all rights granted to Company under this Ag7nonnomt
shall bcsubject Lm all deeds, easements, dedications, conditions, covenants, restrictions,
uncurnhouocos and claims o[ title u[record which may affect the Public Rights-of-Way.
Nothing in this Agreement shall he deemed to grant, #}ovcy. create orvest in C0nzpooy u
real property interest in \uud` including, but not limited to, any fen, leasehold |otcn:ut or
easement. Any work performed byoron behalf of Company shall be subject in the prior
and customary review and regulation by the City.
2.3' Nonexclusive.
This Agreement and all debtm granted to Company herein are strictly
nonexclusive. The City reserves the right to grant other and future agreements, consents
and franchises for the use of public hghb'nf-wayin the City, including the Public Rights-
CID 504d82
AID 342368
of-Way used bv Company pursuant to this Agreement, to other Persons anthe City deems
appropriate. This A6rcoronrt does not establish any priority for the use of the Public
Rights-of-Way by Company or by any present or future franchisees, users or other perrmt
holders. ln the event nf any dispute um\o the priority of use ofthe Public Rights-of-Way,
the first priority shall he to the public generally, the mc000d priority to the City in the
performance of its various functions, and thereafter, as botn/eou franchisees, users and
other permit holders, as determined by the City in the exercise of its powers, including
the police power and other powers reserved to and conferred on it by the State of Texas.
2.4. Other Permits.
This Agreement does
|icunotm and other approvals
rou{otenm`om of the System
through the City.
3' FEES AND PAYMENTS.
not relieve Company of any
from the City necessary fo
or the transmission of long
3.1. Public Ritxht-of-Way Use Fee.
obligation to obtain permits,
'
the construction, repair or
distance telephone services
VViddu thirty [30) calendar duvm following the adoption of the Public Right-of-Way Use
Ordinance, Company shall pay the City nu compensation for its use of tile Public Rights-
of-Way the uuno of One Hundred Nineteen Thousand, Pour Hundred Sixty Six and
l7/l00C)o|iucm(Gl19.466.17). Company hereby acknowledges and agrees that the amount
of this Right-of-Way Use Fee constitutes just and reasonable uouzpounuhoo to the City
for Company's use of the Public BLioh(m-of-Wuyuo provided hy this Agreement.
The forgoing payment was calculated as follows:
Existing right 0fway: $1.94 per linear foot xl9years (6 years credit) x3'ld7linear feet
= $110,735.62
.New right of way $1.94 per linear foot x 25 years x 56.3 linear feet = $2,730.55
Total =$ilfi7]5.02f$2,73O.55=$]lg/460,l7.
32. Other Payments.
In addition to the Right-of-Way Use Fee, Company shall pay the City all sumo
which may hedue the City for property taxes, license fees, permit fees, 0rother taxes,
ohu��or�em�� the City may ��doe�dmoimpose.
3.3 Interest.
All sums due the City under this Agreement that are not paid when due shall bear
interest at the rate of ten percent (10%) per annum, computed monthly.
CID 504d0Z
AID 342]68
Prior to the commencement ufany construction work iothe public rights-of-way
in the City that requires u out, opening, or other excavation, Company shall deliver to the
City bonds executed by acorpocnte surety authorized to do bmmiucso in the State nfTexas
and acceptable to the City in dbc proportional amount of the cost of work that will be
performed in the public rights-o{-way, The bonds abu\| guarantee (i) satisfactory
compliance hy Company with all requirements, terms and conditions nfthis Agreement
and (ii) full poynoutS to all persons, fiono' corporations or other entities with vvhonu
Company has a direct relationship for the performance of such construction, maintenance
or repairs.
If any such construction, maintenance and repair work ia undertaken byu
contractor of Company, Company shall also require such contractor to deliver to
Company bonds executed by corporate surety authorized to do business in the State of
Texas and acceptable hn the City in the proportional amount nf the cost n[ work that will
beperf000edby the contractor in the public hghtm-of-wuy. The bonds shall guarantee (i)
the faithful purfhnnunoe and completion of all construction, maintenance or repair work
in uoonndonoe with the contract between Company and the contractor and (ii) fb||
payment for all wu8co for labor and services and of all bills for mutc/iuly` supplies and
equipment used iu the performance of that contract. Such bonds shall oanoe both the City
and Company on dual obligees.
4. TERM
This Agreement uho| hcuomoc effective on the Effective Date, as established in
the Public 8kubt-nf-Wuy Use Ordinance, and shall expire at the end of twenty-five (25)
years from such Effective Date, at which time this Agreement and all rights ofCompany
hereunder xba|\ automatically terminate. If any law or agency rule or regulation is
adopted and affects the City's ability or dobt to (i) manage the Public Rights-of-Way or
(ii) protect subscribers within the City on matters such as customer service or consumer
pnntocdon. Company agrees to meet with the City and to negotiate with diligence and in
good faith an agreement or uoneodnncmt to this Agreement that reasonably resolves the
City's concerns regarding such law or agency rule Vrregulation.
5. USE OF PUBLIC RIGHTS-OF-WAY.
5.1. No Undue Burden.
The System and| not be erected, bns\u|eL constructed, repaired, replaced or
maintained in any nuurmcr that places an undue burden on the present or future use of the
Public T{iobtn-Vf-Waybythe City and the public. l[ the City, in its yo' ivand reasonable
oz
jud�en�detenniucmthm1 any portion ro
mof�hc�yo��doesp|aoean undue burden on a
portion of the Public BLiu6tn-Vf-VVuy, Company, at Company's sole cost and expense and
within a reasonable time period specified by the City, aho|} modify the System or take
CID 504682
AID 34236Q
other actions determined by the City to be in the public interest to remove or alleviate the
burden,
5.2. Minimal Interference.
To the extent Company performs any build out under this Agreement, Company
shall submit a build-out plan to the Director of the City's Transportation/Public Works
Department for approval and shall not commence build-out activity until such approval
has been received. If Company wishes to deviate from an approved build-out plan in the
actual construction of the System, it shall submit a revised build-out plan to the Director.
The revised plan shall include construction drawings and a map that depicts the proposed
location of any System facilities in the Public Rights-of-Way. The City shalt have twenty
(20) business days to review a submitted build-out plan in order to assess potential
inconvenience to the public and users of the Public Rights-of-Way. If the City has
reasonable objections to any aspect of a plan, the City and Company shall negotiate in
good faith a solution to the City's objections, in which case Company shall comply with
the agreed-upon solution.
5.3. Parallel Installation.
All cables, wires and other similar System facilities shall be installed parallel with
existing telephone and electric utility wires whenever possible. Multiple cable
configurations shall be in parallel arrangement and bundled in accordance with
engineering and safety considerations and all applicable laws, ordinances, rules and
regulations.
5.4. Underground Facilities.
In any area of the City where the City currently or may in the future require public
utilities to place their cables, wires or other equipment underground, then Company, at
Company's sole cost and expense, shall also place its existing and future cables, wires
and other equipment underground. In any such area where Company may have existing
cables, wires and other equipment above ground, Company shall install such cables,
wires and other equipment underground within six (6) months following written
notification from the City and at no expense, cost or liability to the City. In this event,
Company shall coordinate with other utilities serving such area of the City so that only
one or as few possible trenches as necessary are utilized for the underground installation
of System facilities and equipment.
5.5. Marking of Facilities.
Company's underground System facilities and equipment shall have (i) a
conducting wire placed in the ground at least several inches above Company's cable if
such cable is non-conductive and (1i) a continuous colored tape at least eighteen (18)
inches above Company's cable that contains a statement to the effect that there is buried
CID 504682
AID 342368
cable below and provides Company's name and a toll -free number that a party may call
for assistance.
5.6. Directional Borings.
Whenever Company places System facilities and equipment beneath the traveled
or paved portion of a Public Right-of-Way, unless otherwise approved in writing by the
Director of the City's Transportation/Public Works Department, Company shall do so by
directional boring and not by excavation of a trench. Company shall notify the Director
of the City's Transportation/Public Works Department at least five (5) business days
prior to its making a directional bore underneath any Public Right-of-Way.
5.7. As-Built Drawings.
Within ninety (90) calendar days following completion of construction of the
System in the Public Rights-of-Way, Company, at Company's sole cost and expense,
shall supply the Director of the City's Transportation/ Public Works Department or
authorized representative with as-built drawings, plans and maps of any System facilities
placed in, on, under or above such Public Rights-of-Way. Company shall supply the
textual documentation of such as-built drawings, plans and maps in computer format as
requested by the City and shall otherwise fully cooperate with the City in ensuring that
Company's Facilities are accurately reflected in the City's mapping system.
5.8. Pavement Cut Coordination and Additional Fees.
In order to preserve the integrity of the Public Rights-of-Way infrastructure,
Company shall coordinate its construction of the System and all other work in the Public
Rights-of-Way with the City's program for street construction, rebuilding and
resurfacing. Company shall not cut, excavate or otherwise breach or damage the surface
of any paved Public Right-of-Way within ninety-six (96) months following the
construction or resurfacing of such Public Right-of-Way unless (i) Company obtains
written consent from the Director of the City's Transportation./Public Works Department
and (ii) pays the City the sum of One Thousand Two Hundred Fifty Dollars ($1,250.00)
for each fifty (50) linear feet of a cut, excavation or breach of any Public Right-of-Way
or portion thereof. This fee shall (i) be in addition to, and not in lieu of, Company's
obligations to restore the Public Rights-of-Way in accordance with this Agreement and
(ii) not be allocated or otherwise counted as part of any Right-of-Way Use Fee to the
City.
5.9. Restoration of Public Rights -of -Way.
Company, at Company's sole cost and expense, and in a manner approved by the
City, shall promptly restore any portion of the Public Rights-of-Way that are in. any way
disturbed or damaged by the construction, operation, maintenance or removal of the
System to, at Company's option, as good or better a condition as such property was in
immediately prior to the disturbance or damage. Company shall diligently commence
CID 504682
AID 342368
such restoration within fifteen (15) calendar days following the date that Company first
became aware of the disturbance or damage or, if the System is being removed, within
fifteen (15) calendar days following removal of the System.
5.10. Relocation/Removal of Facilities.
Company, at Company's sole cost and expense and within a reasonable time
frame prescribed by the City, shall protect, support, disconnect, relocate or remove from
the Public Rights-of-Way any portion of its System when required by (i) the City due to
street or other public excavation, construction, repair, grading, regrading or traffic
conditions; the installation of sewers, drains, water pipes or municipally-owned facilities
of any kind; the vacation, construction or relocation of streets or any other type of
structure or improvement of a public agency; vacation or condemnation of the Public
Rights-of-Way; or any other type of improvement necessary for the public health, safety
or welfare, regardless of whether such work is undertaken by the City, another public
agency, or a contractor of the City or other public agency, or (ii) any Person with a
franchise, agreement or pen-nit in effect prior to the Effective Date of this Agreement in
order to use the Public Rights-of-Way in accordance with that Person's respective
franchise, agreement or permit. In addition, subject to subsection (ii) above, Company
shall protect, support, disconnect, relocate or remove from the Public Rights-of-Way any
portion of its System when required by any Person other than the City to use the Public
Rights-of-Way after such Person has obtained a bond or otherwise agreed to Company's
reasonable satisfaction to reimburse Company for any reasonably anticipated loss or
expense which will be caused or will arise out of such protection, support, disconnection,
relocation or removal.
5.11. Removal of Obsolete Facilities.
Company shall promptly remove all obsolete or unused System facilities or
equipment in the Public Rights-of-Way. When Company opens a trench, accesses a
conduit or boring or is working on aerial', locations, it shall remove or have removed all
unusable and/or inactive System facilities or equipment from those locations unless
otherwise approved by the City. When Company opens a trench or access to borings, it
shall provide written notice to all other owners of facilities in or at such locations so that
they may remove their obsolete facilities or install new facilities while the trench or
access to borings is open. If Company receives written notification from another entity
that the entity is opening a trench or access to borings, Company shall remove all of its
obsolete System facilities or equipment from such location while the trench or access to
borings is open.
5.12. Removal of System.
Upon the termination or expiration of this Agreement, Company's right to use
Public Rights-of-Way under this Agreement shall cease and Company shall promptly
discontinue the transmission and/or provision of long-distance telephone services through
the System. Within six (6) months following such termination or expiration and in
CID 504682
AID 342368
accordance with directions from the City, Company shall remove the System, including,
but not limited to, all supporting structures, poles, transmission and distribution systems
and other appurtenances, fixtures or property from the Public Rights -of -Way. If
Company has not removed all System facilities and equipment from the Public Rights -of-
Way within six (6) months following termination or expiration of this Agreement, the
City may deem all of Company's System facilities and equipment remaining in the Public
Rights- of-Way abandoned and, at the City's sole option, (i) take possession of and title to
such property; (ii) remove such property with proceeds from Company's Bond; and /or
(ii) take any and all legal action necessary to compel Company to remove such property.
Within six (6) months following termination or expiration of this Agreement,
Company shall also restore any property, public or private, that is disturbed or damaged
by removal of the System. If Company has not restored all such property within this
time, the City, at the City's sole option, may perform or have performed any necessary
restoration work, in which case (i) Company shall promptly reimburse the City for any
and all costs incurred in performing or having performed such restoration work or (ii) the
City may use proceeds from Company's Bond to perform or have performed the
necessary restoration work.
6. LIABILITY AND INDEMNIFICATION.
6.1. Disclaimer of Liability.
THE CITY SHALL NOT AT ANYTIME BE LIABLE FOR ANY INJURY OR
DAMAGE OCCURRING TO ANY PERSON OR PROPERTY FROM ANY CAUSE
WHATSOEVER THAT ARISES OUT OF THE ATTACHMENT, INSTALLATION,
OPERA TION, MAINTENANCE, REMO VA L, REA TTA CHMENT,
REINSTALLATION, RELOCATION AND /OR REPLACEMENT OF ANY SYSTEM
FACILITIES AND /OR EQUIPMENT, THE CONSTRUCTION, MAINTENANCE,
REPAIR, USE, OPERATION, CONDITION OR DISMANTLING OF THE SYSTEM,
THE PROVISION OF COMMUNICATIONS SERVICES, OR COMPANY'S
COMMUNICATIONS BUSINESS OPERATIONS EXCEPT TO THE EXTENT
SUCH INJUR Y OR DAMAGE IS A RESULT OF THE DIRECT NEGLIGENCE OR
INTENTIONAL ACT OF CITY, ITS EMPLOYEES, AGENTS, REPRESENTATIVES
OR CONTRACTORS.
6.2. Indemnification.
COMPANY, AT COMPANY'S SOLE COST AND EXPENSE, SHALL
INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, BOARDS,
COMMISSIONS, A GENTS, EMPLOYEES AND VOL UNTEERS
( "INDEMNITEES'), FROM AND AGAINST ANY AND ALL LIABILITIES,
OBLIGATIONS, DAMAGES, PENALTIES, CLAIMS, LIENS, COSTS, CHARGES,
LOSSES AND EXPENSES, WHETHER LEGAL OR EQUITABLE, WHICH MAY
BE IMPOSED UPON, INCURRED BY OR ASSERTED AGAINST ANY
INDEMNITEES BY REASON OF ANY PERSONAL INJURY OR PROPERTY
CID 504682
AID 342368
DAMAGE OR ANY ACT OR OMISSION OF COMPANY, ITS PERSONNEL,
EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS WHICH MAY
ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH (1) ATTACHMENT,
INSTALLATION, OPERATION, MAINTENANCE, REMOVAL, REATTACHMENT,
REINSTALLATION, RELOCATION AND /OR REPLACEMENT OF ANY SYSTEM
FACILITIES ANDIOR EQUIPMENT, (II) THE CONSTRUCTION,
INSTALLATION, OPERATION, MAINTENANCE OR CONDITION OF THE
SYSTEM; (III) THE PROVISION OF ANY SERVICES BY MEANS OF SUCH
SYSTEM FACILITIES ANDIOR EQUIPMENT, EITHER BY COMPANY, AN
AFFILIATE OR ANY OTHER PARTY; (111) ANY CLAIM OR LIEN ARISING OUT
OF WORK, LABOR, MATERIALS OR SUPPLIES PROVIDED OR' SUPPLIED TO
COMPANY, ITS CONTRACTORS OR SUBCONTRACTORS, OR (1V) COMPANY'S
FAILURE TO COMPLY WITH THIS AGREEMENT OR ANY FEDERAL, STATE
OR LOCAL LAW, ORDINANCE, RULE OR REGULATION.
6.3. Assumption of Risk.
COMPANY HEREBY UNDERTAKES AND ASSUMES, FOR AND ON
BEHALF OF COMPANY, ITS OFFICERS, AGENTS, CONTRACTORS,
SUBCONTRACTORS, AGENTS AND EMPLOYEES, ALL RISK OF DANGEROUS
CONDITIONS, IF ANY, ON OR ABOUT ANY CITY -OWNED OR - CONTROLLED
PROPERTY OR FACILITIES, INCLUDING, BUT NOT LIMITED TO, THE
PUBLIC RIGHTS -OF -WAY. IN ADDITION, COMPANY HEREBY AGREES TO
AND SHALL INDEMNIFY AND HOLD HARMLESS ANY INDEMNITEE
AGAINST AND FROM ANY CLAIM ASSERTED OR LIABILITY IMPOSED UPON
ANY INDEMNITEE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE
INCURRED OR ASSERTED BY COMPANY OR ANY OF ITS EMPLOYEES,
AGENTS, SERVANTS, CONTRACTORS OR SUBCONTRACTORS, AND ARISING
FROM THE ATTACHMENT, INSTALLATION, OPERATION, MAINTENANCE,
REMOVAL, REATTACHMENT, REINSTALLATION, RELOCATION AND /OR
REPLACEMENT OF ANY SYSTEM EQUIPMENT AND /OR FACILITIES OR THE
INSTALLATION, OPERATION, MAINTENANCE OR CONDITION OF THE
SYSTEM.
6.4. Defense of Indemnitees.
In the event any action, lawsuit or other proceeding is brought against any
Indemnitee by reason of any matter for which the Indemnitees are indemnified under
Sections 6.2 or 6.3, the City shall give Company prompt written notice of the making of
any claim or commencement of any such action, lawsuit or other proceeding, and
Company, at Company's sole cost and expense, shall resist and defend the same with
legal counsel selected by Company and with reasonable participation by the City at
City's sole cost and expense. In such an event, Company shall not admit liability in any
matter on behalf of any Indemnitee without the advance written consent of the City,
which consent will not be unreasonably withheld, conditioned or delayed.
CID 504682
AID 342368
7.
Company shall procure and maintain at all times, in full force and effect, a policy or policies
o[ insurance Uo provide coverages msspecified herein, naming the City ooun additional insured and
covering all owbiio risks related to the use, occupancy, condition, maintenance, existence or location
of the Public Rights-of-Way, the attachment, iuuUu|\u1iou, operubnn, maintenance, removal,
reattachment, meivaiuUa(inn, relocation and/or replacement of any Sye[sro equipment and/or
facilities and the construction, installation, operation, maintenance or condition of the Systern.
?.8,
w Commercial General Liabi1i
$2,000,000 per occurrence;
* Automobile Liabdi ^
'
S 1,000,000 per accident,
including, but not limited to, all owned, hired or non-owned rnotor vehicles used
in conjunction with the rights granted under this Agreement
w Worker's Compensation:
As required 6v law; and, Employer's Liability amfollows:
$ 1,000,000 per accident.
7.2. Excess Liability Insurance Umbrella.
$10,000,000, in addition to primary uoveruge for each |luhiUty coverage listed in
§ 7.1.
7.3^ Revisions tmRequired Cevermp-e.
Company shall notify and/or require its insurance company or companies tomotlf,
the City at least dddy(3[) days iu advance of any cancellation,
7.4. Underwriters and Certificates,
Company shall procure and maintain its insurance with underwriters authorized to
do business in dhc State ofTexas and who 6u|d u current rating of not |eom than A- VII
according tVA.K4.Best. Within dddy(3[) days following the date of adoption of the Public
Right-of-Way Use Ordinance, Company shall furnish the City with certificates of insurance
signed by the respective companies as proof that it has obtained the types and amounts of
insurance coverage required herein. In addition, C0nzpmoy ahu||, on demand, provide the
City with evidence that it has maintained such coverage infull force and effect.
7.6. No Limitation of Liabili
The insurance requirements set forth iuthcim Section 7and any recovery by the City
CID 504682
AID 342368
of any sum by reason of any insurance policy required under this Agreement shall in no way
be construed or effected to limit or in any way affect Company's liability to the City or other
persons as provided by this Agreement or law.
8. DEFAULTS.
The occurrence at any time during the term of this Agreement of one or more of the
following events shall constitute an "Event of Default" under this Agreement:
8.1. Failure to Pay Right-of-Way Use Fees.
An Event of Default shall ' occur if Company fails to pay (i) within thirty (30)
calendar days following the adoption of the Public Right-of-Way Use Ordinance, the sum
specified by Section 3.1 of this Agreement or (ii) any Right-of-Way Use Fee on or before
the respective due date.
8.2. Breach.
An Event of Default shall occur if Company materially breaches or violates any
of the terms, covenants, representations or warranties set forth in this Agreement or falls
to perform any duty or obligation required by this Agreement.
8.3. Bankruptcy, Insolvency or Receivership.
An Event of Default shall occur if Company (i) files a voluntary petition in
bankruptcy; (ii) is adjudicated insolvent; (iii) files any petition or fails to contest any
petition filed against it seeking any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief for itself under any laws relating to
bankruptcy, insolvency or other relief for debtors; (iv) seeks, consents to or acquiesces in
the appointment of any trustee, receiver, master, custodian or liquidator of Company, any
of Company's property or revenues, issues, earnings or profits thereof, (v) makes an
assignment for the benefit of creditors; or (vi) fails to pay Company's debts generally as
they become due.
8.4. Violations of the Law.
An Event of Default shall occur if Company violates any existing or future federal,
state or local laws or any existing or future ordinances, rules and regulations of the City;
provided, however, that no Event of Default shall be deemed to occur or exist during the
pendency of any legal action which the City or Company may initiate against the other
under or in connection with such law, ordinance, rule or regulation.
9. UNCURED DEFAULTS AND REMEDIES.
9.1. Notice of Default and Opportunity to Cure.
If an Event of Default occurs, the City shall provide Company with written notice
and shall give Company the opportunity to cure such Event of Default. For an Event of
CID 504682
AID 342368
Z)mfhu|t which can be cured by the immediate payment 0fmoney to the City, Company
8bu|] have thirty (30) calendar days from the date it receives written notice from the City
to cure the Event of Default, For any other Event of Default, Company oboU have sixty
(6[) calendar days from the date it receives written notice from the City to uu/o the Event
of Default. If any Event of Default is not uonod within the time period specified herein,
such Event nf Default shall, without further notice from the City, become an "Uncured
Default" and the City immediately may exercise the remedies provided iu Section 9.2.
9.2. Remedies for Uncured Defaults.
Upon the occurrence of an Uncured Default, the City nhoU be nnhdnd to exercise,
at the same time or at different times, any of the following remedies, all of which shall be
cumulative of and without limitation to any other rights or remedies the City may have:
92'%. Tern-dnation of Agreement and Repeal of Public Rjp_ht-of-Way Use
Upon the occurrence of an Uncured Default, the City may terminate this
Agreement immediately, at which time the Public Rioht-of-VVuy Use Ordinance
be autoxnadicnUy repealed. Upon such termination, Company ohu|| forfeit all
rights granted to it under this Agreement, and, except as to Company's
unperformed obligations and existing liabilities asnf the date of termination, this
Agreement shall automatically bodeemed null and void and abel have no further
force oreffect. Company shall remain obligated to pay and the City shall retain
the right bn n:oo)ve Rigbt-of-Woy Use Fees and any other payments due up to the
duLc of termination. In this event, Company abaU ooroyiy with the provisions of
Section 5.13 of this Agreement. The City's right N terminate this Agreement
under this Section 9.2.1 shall does not and shall not bcconstrued to constitute any
kind of limitation on the City's right tn terminate this Agreement for other reasons
as provided by and in accordance with this Agreement.
9'2'%. Legal Action Against Company.
Upon the occurrence of an Uncured Default, the City may commence
against Company an action at law for monetary damages or in equity for
injunctive relief or specific pncfbonuncu of any of the provisions of this
Agrnoc000t which, as u matter ofequity, are specifically co5orceuh|n.
10. PROVISION OF INFORMATION.
Company shall provide copies of all documents which might reasonably be expected to
affect this Agreement and which Company files with oc sends k> the FCC and/or PDC and copies
of records which noiubt rouonnuh1y be expected to affect this Agreorocnt and that Company is
required to maintain under FCC and/or PDC regulations.
CID 504682
AID 342368
11. COMPANY AS INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Company shall operate as an independent
contractor as to all tights, privileges, terms and conditions granted by this Agreement, and not as an
agent, representative or employee of the City. Company shall have the exclusive right to control the
details of its Communications Business and operations, in accordance with the terms and conditions
of this Agreement, and shall be solely responsible for the acts and omissions of its officers, agents,
servants, employees, contractors and subcontractors. Company acknowledges that the doctrine of
respondeat superior shall not apply as between the City and Company, its officers, agents,
employees, contractors and subcontractors. Company further agrees that nothing herein shall be
construed as the creation of a partnership or joint enterprise between the City and Company.
12. TRANSFERS AND ASSIGNMENTS.
Company shall not (i) assign, transfer, sell or other-wise convey any of its rights, privileges,
duties or interests as granted to Company by this Agreement and the Public Right -of -Way Use
Ordinance; (ii) lease to any Person or allow use by any Person other than Company of all or any
portion of its System or System facilities or equipment-, or (iii) allow any Person to alter the System
or System facilities or equipment or to construct additional facilities as part of the System in order to
provide Cable Services, Telecommunications Services or any other services to a Person or Persons
located in the City unless (i) Company first notifies the City in writing; (4) Company obtains the
City's advance written consent, which consent shall not unreasonably be withheld; and (iii) such
Person enters into a written agreement with the City relating to that Person's use of the Public
Rights-of-Way, including terms for any compensation that the City may charge for such use.
Notwithstanding the foregoing, Company may assign this Agreement to an Affiliate or an
entity that acquires substantially all of the assets of Company without the City's consent so
long as (i) Company provides reasonable advance notice of the assignment and (ii) such
assignee (A) operates and agrees to operate as a long distance telephone services provider
hereunder and (B) promptly executes a separate written agreement with the City
acknowledging and accepting the assignee's assumption of all obligations of Company
hereunder and assignee's agreement to be bound to the same extent as Company
hereunder.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (i) hand-delivered to the other party, its agents, employees,
servants or representatives, or (ii) received by the other party by United States Mail, postage
prepaid, return receipt requested, addressed as follows:
TO THE CITY:
City of Fort Worth
Law Department
Attn: Public Utilities Administrator
1000 'flirocic-norton
Fort Worth, TX 76102
CID 504682
AID 342368
TO COMPANY:
Sprint Communications Company L.P.
Attn: Manager, Real Estate
6391 Sprint Parkway
Mailstop: KSOPHT0101-Z2040
Overland Park, KS 66251
20. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by fimd
order entered by u court of competent 'uhndiu600' the validity, legality und enforceability of the
remaining provisions shall not in any way be affected orimpaired. For purposes ofddsAgreement,
u court order shall be final only to the extent that all available legal rights and remedies pertaining to
such order, including, without limitation all available appeals, have been exhausted. lu such an
event, the City and Company agree that they ahnU amend or have amended this Agreement to
comply with such final order entered hy4 court ofcompetent jurisdiction.
21. FORCE MAJEURE.
UmdhecvmntCompooy'op*donouooeofunyofd`oLemma,coodihonmoroh|igui000roquirod
hy this Agreement in prevented bya cause orevent that is not widzin Company's reasonable control,
Cnnnpeoy'x non-performance aba|| be deemed excused for the period of such inability. Cuuuom or
events that are not p/iLhjo the Company's control obu]| include, but not be limited to, ociw of God,
strikes, sabotage, riots or civil disturbances, tuUunc or |onn of utilities, explosions and natural
22. HEADINGS NOT CONTROLLING.
Headings and titles, other than those captions in Section l'that are used io this Agreement
are for reference purposes only and shall not bo deemed o part of this Agreement.
23. ENTIRETY OF AGREEMENT.
This Agreement and the Public Right-of-Way Use Ordinance 000kaioS the codno
uuders1undingund agreement between the City and Company as to the matters contained herein.
Any prior orcontemporaneous Voa\ or written agreement is hereby declared ou|\ and void to the
extent in conflict with the terms and conditions of this Agreement. This Agreement shall not he
amended uoicuu a8zccd to in writing by both parties and approved by the City Council of the City.
Pursuant to Section 2 of Chapter XXV of the Charter of the City of Fort Worth, and as a condition
precedent to tbe effectiveness of the Right-of-Way Ordinance and this Agreement, Company
acknowledges that by Company's execution o[ this Agreement by the individual vvhooc signature
appears below, Company accepts and agrees to the terms, conditions and provisions of the Right-of-
Way Uae Ordinance and this Agreement.
ACCEPTED AND AGREED TO:
CID 504682
AID 342368
with a mandatory copy to: with mandatory copy to:
City ofFort Worth Sprint Nextel Law Department
Department oFLaw Attn: Real Estate Attorney
Atbo:.AUooney for Tde0000mordcations 6391 Sprint Parkway
1000T1oockznnrton Mnilak)p:KSQPRTOl8|'Z202O
Fort Worth, TX 76102 ()vec|ood Park, KS 66251'2020
14. '
Company shall not discriminate against any person on the basis of nsoc, color, national
origin, religion, handicap, sex, sexual udnotubuu or hunUiul utuLuy in the provision of
Conu-nunications Services or in the receipt of benefits fi-om Company's Communications Business.
85' GOVERNMENTAL POWERS.
ltiw understood and agreed that by granting Company u license bv use the Public BJobts+of-
VVuyu/»derdbe Public Right-of-Way Use Ordinance and this Agreement, the City does not waive or
surrender any of its governmental powers orimmunities
16' NO THIRD PARTY RIGHTS.
The provisions ofddo /\gecment are solely for the benefit of the City and Company, and
are not intended to create any rights, contractual or otherwise, in any other person or entity.
17. NO WAIVER.
The failure of the City or Company to insist upon the performance of any term or provision
of this Agreement or to exercise any rights that the City or Company may have, either under th�u
Agreement or the law, shall not constitute a waiver of the City's or Company's right to insist upon
uppnwpbude pmrfoonunoonrto assert any such right nn any future occasion.
18. .
TNu Agreement shall be construed pursuant to and in accordance with the 1mvo of the
OniUzi States of America and the State of Texas. \/ouum for any uodoo hereunder obu|} lie
exclusively in state courts located in Tarrant County, Texas nrthe United Stoinm District Court for
the Northern District ofTexas, Fort Worth Division.
89, CONFERENCES.
At the request of either the City or Company, the City and Company shall meet at
nyumonub\e hrnem and upon reasonable notice to discuss any unpuot of this Agreement, Cmnnpunv'a
provision of Communications Services, or Company's use of Public Rights-of-Way.
CID 504682
AID 342368
Exhibit "A"
Page I of 3
January 14, 2008
L.egal Description
BEING 563 square feet of land, more or less, for 1 10.00 toot wide under ground fiber optic line,
situated in the George Shields Survey, Abstract No, 1402, in the City of Fort Worth, Tarrant
County, Texas and being part of a tract of land conveyed to The City of Fort Worth by deed
recorded in Volume 13568, Page 70 of the Deed Recotds of Tarrant County, Texas (D.R.T.C.T.),
and being more particularly described by metes and bounds as follows:
COMMENCING at a I" iron rod found, controlling monument, (CM), For the most northerly
comer of a called 8,315 sq ft. tract of land conveyed to Art Brander and wife, Lynda Brendcr by
deed recorded in Volume 13185, Page I of the (D.R.T.C.T.), same being the most notiherly corner
of Lot 3 in Block 9 of the "Edward Heirs Addition", an addition to the City of Fort Worth, Texas
as recorded in Volume 6.1, Pagc 2 of the Plat Records of'T'iirrant County, Texas (P.R.T.C.T) and
located in the southeasterly line of said City ol'Fort Worth tract for the beginning of rion-tangcrit,
curve to the tell, having a radius' of 1075,00 feet and a chord which bears South 31 °59'56" West,
139.89 feet-,
THENCE in a souihwestcrly direction, along the common northwesterly line of said Breeder tract,
the southeasterly line ofsaid City ot'Fort Worth tract, and said curve to the iclt, through a central
angle of 07'27',4 1", on arc distaticc of 139.99 feet to a 518" iron rod with cap marked "LIRA" set
l'or the POINT OF BEGINNING (surface noillhing 6954441.09, CiUlLitlg 212'1605.22) of the herein.
described tract of land and being the beg;1jilirig of a curve to the luft, httvino a radius of 1075,00
feet and a chord which bears South 27 °57'21'" West, 11 ,73 fcet;
1) THENCE in a southwesterly direction, continuing along the southeasterly fine of said
City of Fort Worth tract and said curve to the left, through a central angle of'00'37'30",
passing a Vz" capped iron rod (bund at an are distance of 6.89 feet for the Southwest
corner of said Breeder tract rind located in the north line of Pennsylvania Avenue (a
called 50.00 foot R,O,. N.), and conlinuing for a total arc distance of 1 1 73 Feet to a 518"
iron rod with cap marked "UrRA" set for the end of said curve:
2) THENCE South 86"28'07" 'Rest, departing the southeasterly line of said City of Fort
Worth tract, a disfaticc of 22,91 feet to a point for corner,
3) THENCE North 37'(0'16" West, a distance of27.53 feet to I point for corTicr;
4) THENCE Nol-th 71 `49'55" West, a distance of 5.55 feet to A 142" iron rod found for
corner in the; nurthwcsterly line of s,uid City or Fort Worth tract and located in the
southeasterly line of Lot 1'-A in Rto(:k '2 of the Njc(jic;i� Ccuiror Ndditioii" an addition
to the City of Fort Worth, Texas as recorded In CaIbinet A, Slide 2.536 of the
CID 504682
AID 342368
P^mNt'�^^
Page 2nf]
b'mary 14, 2008
Legal De�-,criptiori
5) l*kNCE North Z7"}4'4U'E-at, ii1ong the coronwnmxnb°r^iudy lint, vl'aaid City o[
Fort Worth tract and the suvtlix*tc,|y line of said Lot 2'A. Block- 2`o distance nf[&|8
feet m.1/8~ iron rod with cap mw,ked^|JRX^ -set for comer;
0 THENCE' South 7}~49 55'Guu.depmtiouumoonononx*/dn^co,erlyh^cu[saiJC]ty
of Fort Worth tract and the soutlieastcrIv line ofsaid Lot 2-A, Block 2, a distance of
161 feet ma point for corner;
7) T8ENCE South 87°i0'\6` Fast, u distance oy2I63 feet *np"i^, for uomer',
u) T8£wCB North 86=28'07' East, a distance of 28.48 feet to Ue POINT OF
BAS ,JS OF BC6RINIG� All hearings are umnd on the Texas State Plane Coordinate Svo,rm,
w,AD, 83 (1993 Adj.). North [enun| Zm`o. All vnoodi^mco shown are surface and may be
ovu,Wcdwaridh/diviVi^ghythrTxD0Tcoovuoiu^f`cmrv[i.000|I
,
4z 14�
G. Dei�tiis Qualls, L,S. Date
Texas Registration No, 4276
Ufla'r. Rainey & As.qoauus,hric
4Q0N, St. Pao|. Suite 540
Dallas, Texas 7i20\
Ph 2W-979-1144
CID 504682
AID 342368
A"i 41
MEDICAL CENTER ADDITION
CABINET A, SLIDE 2536
P. R. T. C. T.
LOY e,.
BLOCK 2
e No, "', q N I,/
GEORGE
IV SHIELDS
SURVEY
ABSTRACT
NO.1402
006 ciry W ��04r AQHF l
nr VCUIVE 0163, PAW 71)
01. 95444i.Cl3-\
S7�49
c yS7r49, 55,F
t % AA"RAA*y �t
vJ�,4 y -1 41
.1197 .1414
CID 504682
AID 342368
5,6T
OXIP9 AC. 87 --7
1,6 K, "'o,
-7
........................ . .....
G
.................................
p
(or 5
BLOCK 9
Atir WfWX0 AVel
,oltY, LYNDA AVAW9
.arz io, rr,
VOL 11' R5. M"', I
ft, r. c. r.
EDWARDS HEIRS
ADDITION
VOL. 63, PG. 2
P. R. T. C. T.
,.AAArv.IC J,r ALE
I—EXP;71W.
OF WAY
Poo
F.ts,140
R-)015, M
PWIO"All
L 41 7 r
Z . I ST 1- JAS"W lt.E
PRI)PInEC) EA$CUtW LINF, — — — —
st, AOZjr AltN
1 Inc I
ga
PK0 tAilIC" to
4NNSYLVANIA AVE.
Of(Uto UOWA40�.T JAS 4WEC)"
(A CALLED 59' ROW)
r,? TITLE
10' WIDE FIBER OPTIC EASEMENT
plqojcti W
SPRINT CROSSINIG EASEMENT
A s e lw pf#,RIws, Al,a , ow"o aAU 1114,ilil et 12 iq "mq� PC. 3 OF 3
r, CIVWOl 111JAJ R. P, L. 5, 10. 11B6 oV O .4 4,CC" AC "m Of, t,,,
SPRINT ESMT I
Parcel name: I
North: 6954441,0897 East : 2323605.2247
Curve LenyLh: 11.7264 Radius: 1075.0000
Delta: 0-37-30 Tangent: 5.9634
chord: 11.7264 Course: S 27-57-21 W
course in; S 61-43-54 E course Out: N 62-21-24 W
RP North: 6953931.9681 East 2324552.0194
End North: 6954430.7314 East 2323599,7273
Line Course: S 86-28-07 W Length: 22.9091
North: 6954429.3203 East : 2323576.8617
1-ine Course: N 87-10-16 W Length: 27.5345
North: 6954430.6792 East i 2323549.3608
Line Course- N 71-49-55 W Length: 5.5504
North: 6954432.4099 East : 2323544-0871
Line Course: N 27-14-40 E Length- 10.1268
North: 6954441.4132 East 2>323548,7230
Line course: S 71-49-55 E Length: 2.6062
North: 6954440,6006 East 2323551.1993
Line course: 5 87-10-16 E Length: 25.6323
North: 6954439,3355 East ; 2323576.8004
Line Course: N 86-28-07 E Length: 28.4785
North: 6954441.0897 East : 2323605.2248
Perimeter: 134 5645 Area: 1163.4 sq.ft. 0,0129 acres
mapcheck closure (uses listed courses and chords)
Error closure. 0.000.1. course: S 84-15-39 E
Error North: -0.00001 East : 0.00008
Precision 1: 1,345,645.0000
Page 'I
CID 504682
All) 342368
City of Fort Worth, Texas
�� =0 Council Communication
���
N�N������ ���0 ��������N ����������N���0on
DATE: TueSday, September 25.2U12 REFERENCE NO.: ^°G-17683
LOG NA88E:12SP0NT
SUBJECT:
Adopt Ordinance Granting Sprint Communications Company, LP.'o License to Use Public Rights-of-Way
for the Relocation of its Fiber Optic Long Distance Telecommunication System (COUNCIL DISTRICTS 8
and 9)
|tia recommended that the City Council adopt the attached ordinance which grants Sprint
Communications Company, L.P., a license to use certain streets and public rights-of-way of the City of
Fort Worth for the construction, maintenance and use of a fiber optic long-distance telecommunication
system.
DISCUSSION:
Sprint Communications Company. L.P. /SphnU` wishes h) use certain specific portions ofthe public rights-
of-way in the City of Fort Worth (Ci for the purpose cf constructing, maintaining and operating a
telecommunications system solely for the transmission of long distance telephone men/ioeo through the
City, including approximately 3.167 linear feet ofhght-of+way previously licensed to Spdnt, pursuant to
Ordinance No. 11380 and an additional 56.3 linear feet of additional right-of-way licensed to Sprint
hereunder. The System will consist of fiber optic cable and related equipment that Sprint will install above
and within the public rights-of-way in the City. In accordance with the City Charter and ordinances of the
City, Sprint has applied for a license from the City in order to carry out those purposes.
Staff has reviewed Sprint's request and recommends that the City Council adopt the attached ordinance,
which would grant Sprint o25 year license for use Of such public rights-of-way in the City, on the terms
and conditions set forth herein, solely for the transmission of long distance telephone services through the
In order for Sprint's entire system to be covered by one licensing ordinance. Sprint requests and Staff
recommends that the City Council repeal Ordinance No. 11380, which expires on September 15, 2018
contemporaneously with the effectiveness of this Ordinance. Sprint has paid the City all compensation
required by Ordinance No. 11380. Accordingly, Staff recommends granting Sprint ari ht-Of-way uoofee
credit for the remaining six years ofthe term of Ordinance No. 11380. which credit will be applied to the
right-of-vvay use fee payable hereunder.
CERTIFICATION: Following the adoption of the attached public right-of-way use ordinance, Sprint shall pay the City as
compensation for its use of the public rights-of-way the amount of $119,466.17. Sprint, hereby,
acknowledges and agrees that the amount of this right-of-way use fee constitutes just and reasonable
compensation to the City from Sprint for the use of the public rights-of-way as provided by this Agreement,
FISCAL INFORMATION /
����
Page] of2
The Financial Management Services Director certifies that the Legal Department will be responsible for
collection of funds due to the City under this Agreement.
FUND CENTERS:
TO Fund/Account/Centers
GGOI 421502 0134010 $119,466.12
Submitted for Ci!y Manager's Offigg-by.
Originating Department Head:
Additional Information Contact,
FROM Fund/Account/Centers
Charles Daniels (6199)
8erahFuUenvvidor (7800)
Bridgette Garrett (8518)
12SPRDN7 Page 2of2
Wymore, Becky A [Terra2 Contractor for Sprint]
From:
Garrett, Bridgette <Bridgette.Garrett@fortworthtexas.gov>
Sent:
Monday, December 10, 2012 11:52 AM
To:
Wymore, Becky A [Terra2 Contractor for Sprint]
Subject:
FW: Sprint ROW Star Telegram Invoice
Attachments:
Sprint 20414-09-2014 Publication Invoice.pdf
Follow Up Flag:
Follow up
Flag Status:
Completed
Becky, thanks I received both checks; however the check for the publication was only
for $242.76. Recall that amount was only for one week publication. The correct
amount for the 4 weeks of publication is $1,121.40.
Thanks
Bridgette Garrett,
Utility Administrator: Law Department
City of Fort Worth
817/392-8518
email: Bridgette.Garrett(��FortWorthTexas.gov
NOTE: The City of'Fort Worth will have a new web address starting Oct. 1, 2011: www, Fort WorthTexas.go
From: Garrett, Bridgette
Sent: Wednesday, November 28, 2012 3:18 PM
To: Wymore, Becky A [Terra2 Contractor for Sprint] (Rebecca, Wymore(d)s print. com)
Cc: McVay, Tracey
Subject: FW: Sprint ROW Star Telegram Invoice
Becky, attached is correct invoice. And per the request below, send this check directly
to the City Secretary's Office, see below. Sorry for the confusion.
City Secretary's Office
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Thanks
Bridgette Garrett,
Utility Administrator: Law Department
City of Fort Worth
817/392-8518
email: Bridgette.Garrett(cbFortWorthTexas..qov
NOTE: The City of Fort Worth will have a new web address starting Oct. 1, 2011: www. Fort Worth Texas.&v
From: Scott, Tracy
Sent: Wednesday, November 28, 2012 3:11 PM
To: Garrett, Bddgette
Cc: Kayser, Mary
Subject: Sprint ROW Star Telegram Invoice
BiBdduccc,
Here is the iovoiccfocthe printing { the ordinance in its euiiretyfoz one day, 4 consecutive v/ozl,,o. Please send the
check to the City Secretary's Office. if you receive it, please forward it to our office as we will need to reimburse our
account. This invoice ia currently being paid.
Please let re know ifve can 7e of further assistance
Thank you.
_]
Administrative Technician
City Secretary's Office
City oF Fort Worth
l0OOThrockmorcooStreet
Fort Worth, Texas 7blO2
817.392.6150 office
817.392.6196 fax
%lapni
Fort Worth
Follow Fort Worth:
INVOICE
Star-Telegram
808 Throckmonon St,
FORT WORTH, TX 76102
(817) D0-7761l
Federal Tax ID 26-2674582
Bill To:
CITY OF FORT WORTH/CITY SECRET
1000 THROCKMORTON ST
FORT WORTH, TX 76102-6312
Customer ID:
CIT21
Invoice Number:
323001441
Invoice Date:
10/24/2012
Terms:
Net due in 21 days
Due Date:
10/31/2012
PO Number:
Net Amount: $1,121.40
Order Number:
32300144
Sales Rep:
073
Description:
CITY OF FORT WO
Publication Dates:
10/3/2012 - 10/24/201
CITY ()F FORT WORTH PUBLIC NOTI
13580
1 1335
1335 LINE $0.21 $1,121.40
Net Amount: $1,121.40
0
CHRISTY LYNNE HOLLAND
Notary PubliC. State of Texas
My Commission Expires
31, 2016
THE STATE OF TEXAS
July
County of Tarrant
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star - Telegram, published by the Star-Telegram, Inc. at Fort Worth. In Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached dipping of an advertisement was publish the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TIE G
(817) 215-2323
SlonAd w0cf,1Z
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, Oct/e�6kO`12.
JV) I
Notary
Thark You For Your Payment
— _____________ 1- t - - - - - - - - - - - - - - - - - - - - - - - - - - -
Remit To: Star- Telegram z Customer ID: CIT21
P.O. BOX 901051 J, Customer Name: CITY OF FORT WORTB/CIT
FORT WORTH, TX 76101.2051 Invoice Number: 323001441
Invoice Amount: $1,121.40
PO Number-,
Amount Enclosed:
SPRINT NEXTEL swim, P,O )311x63670 No. 12469530
DAfF: 12/12/2012 VENDOR NAME CI "1Y OF FORT \N'OR'111 "FX VI -ADOR NO. 0000201910
SPRINT NEXTEL
Bank of America
Bank Of America, N.A.
P.O. 13ux 63670
A UJnta, DcKrilla Coelnty, C3oor p�ia
Phoenix,AL85082 -3670
Return Service Rcgticsted
PAY
-- 01 000001 32509 D 1 A
24
CITY OF FORT WORTH TX
1000 THROCKMORTON ST
FORT WORTH,TX 76102 -6311
I�III'IIII�IIIIIIII IiIIlIi11 i1II111II I1111I�II II�11 i111II11�II7�'
1 a. a
No. 12469530
CHECK DAlF CI PECK AMOUNT
12/12 {2012 $* * * * * ** *$78.64
878 DOLLARS AND 64 CENTS
VOID IF NOT CASIIFD WITHIN 190 DAYS
Ill I2469S3011' 1:061112 ?881: 3299 ?9135211'
/I V U trl r "1 'd � �S nQIGt YG'
D „� gnu, YZBV ImnuMrsw,,+�
+/
C�V`��""v ' J' f IrvklJodN4rr7.
u
H
to
O
hiflow", k�w
x
DO NUT VMM ST
�lp,servpd ��
Ir E DU RAL RV
Me securi4, to
Us
'fed, exaf
Old
Socudtj Feahwes:
CINJ
P v,Uvpq h
Ir E DU RAL RV
i lI %Y P
N4, N IMF ,t w.
�� d
!!!
IFFIyy Q [pWe^Fp ry
l
II
'M.J 4,d.� �
.. +p.'�`�..� LN ".W ✓'Mbw�" ��' „„ b�,� !LrF 4L �F�