HomeMy WebLinkAboutOrdinance 16956-05-2006ORDINANCE NO. 16956-OS-2006
AN ORDINANCE REQUIRING VERIZON TXU ELECTRIC
DELIVERY TRI-COUNTY ELECTRIC COOPERATIVE, INC., ONE
SOURCE COMMUNICATIONS, AND ATMOS ENERGY TO
RELOCATE UTILITY FACILITIES LOCATED IN CITY RIGHT-OF
WAY IN OR ALONG KELLER-HICKS ROAD AT THE UTILITY'S
SOLE COST AND EXPENSE TO ALLOW THE WIDENING OF
KELLER HICKS ROAD• PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE, PROVIDING FOR SEVERABILITY AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth (the `City") has entered into City Secretary
Contract No 33444 a Community Facilities Agreement (the `CFA') with the Keller
Independent School Dnstnct ("KISD") which requnres KISD to widen Keller Hicks Road, a
Cnty street; and
WHEREAS, Venzon, TXU Electnc Delivery Tn-County Electnc Cooperatnve, Inc.,
One Source Commumcatnons, and Athos Energy are utilities with facilntles located wnthm
City nght-of way m or along Keller Hicks Road and said facilrtnes are nn conflnct with the
widening of Keller Hicks Road, and
WHEREAS, the Utilities Code provndes that the goverling body of a mumcipalnty
may requee a utility to relocate the utility's facility at the utility's expense to pernit the
widening and/or straightening of a street by gnvmg the utility 30 days notice and specnfymg
the new location for the facility along the nght-of way of the street; and
WHEREAS, Section 3 of Cnty Ordinance No 10692, the franchise agreement
between the City and Atmos, requnres that Atmos, at its own cost and expense, and at the
Cnty's request, relocate its facilrtnes located m City nghts-of way where necessary due to
street constructnon or reconstnuctnon by or on behalf of the Cnty• and
Utility Relocation
Keller-Hicks Road
May 15 2006
Page 1 of 3
WHEREAS,. the govenning body ns requiring that Venzon, TXU Electric Delivery
Tri-County Electric Cooperative, Inc., One Source Communications, Atmos Energy relocate
thenr respectnve facilrtnes located m City right-of way in or along Keller Hicks Road, at the
utility company's sole cost and expense, to an area within the new locatnon(s) presented on
Exhibit A attached hereto and incorporated herein by thns reference.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS.
Section 1.
Pursuant to Sectnon 54.202 of the Utilntnes Code, the Cnty Councnl hereby requnres that
certnficated telecommumcahons utilntnes, Verizon and One Source Commumcatnons, relocate
thenr respectnve facilrtnes located m Cnty right-of way nn or along Keller Hicks Road, at the
utility's sole cost and expense, to an area wrtlnnn the new locatnon(s) presented on Exhibit A
Pursuant to Sectnon 37 059 and/or Sectnon 181 046 of the Utilrtnes Code, the Cnty
Council hereby requnres that electric utihtnes, TXU Electric Delivery and Tri-County Electric
Cooperatnve, Inc., relocate thenr respectnve facnhtnes located m Cnty right-of way in or along
Keller Hicks Road, at the utility's sole cost and expense, to an area wntlun the new locatnon(s)
presented on Exhibit A
Pursuant to Sectnon 3 of Cnty Ordinance No. 10692, the Cnty Council hereby requnres
that Atmos Energy relocate nts facilrtnes located in City right-of way in or along Keller Hicks
Road, at the utilnty's sole cost and expense, to an area wnthin the new locatnon(s) presented on
Exhibit A
Utility Relocation
Keller-Hicks Road
May 15, 2006
Page 2 of 3
Section 2.
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 m 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 3.
That if any portion, section or part of a sectlon of this Ordinance is subsequently
declared mvahd, 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
m full force and effect and shall not in any way be impaired or affected by such decision,
opinion or~udgment.
Section 4.
That this Ordinance shall take effect and be in full force and effect from and after rts
adoption.
AND IT IS SO ORDAINED
ADOPTED AND EFFECTIVE May 23, 2006
APPROVED S TO FORM Dom. F~C~,~TY
By~ o
Amy 'Ram
Assistant Ci Attorney
M&C G 15211
Utility Relocation
Keller-Hicks Road
May 15 2006
Page 3 of 3
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 5!23/2006 Ordinance No 16956-05-2006
DATE Tuesday May 23 2006
LOG NAME 12UTILNOTICE REFERENCE NO G-15211
SUBJECT
Adopt Ordinance Requiring Verizon TXU Electric Delivery Tri-County Electric Cooperative Inc
One Source Communications and Atmos Energy to Relocate Utility Facilities Located in City Right
of Way in or along Keller-Hicks Road at the Utility's Sole Cost and Expense to Allow the Widening
of Keller-Hicks Road
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance requiring Verizon, TXU Electric
Delivery Tri-County Electric Cooperative Inc. One Source Communications, and Atmos Energy to relocate
their respective facilities located in City right-of-way in or along Keller-Hicks Road, at the utility's sole cost
and expense, to allow the widening of Keller-Hicks Road
DISCUSSION
The City of Fort Worth (the 'City") previously entered into City Secretary Contract No 33444 a Community
Facilities Agreement (the "CFA') with the Keller Independent School District ("KISD") which requires KISD
to widen Keller-Hicks Road a City street. Verizon TXU Electric Delivery Tri-County Electric Cooperative
Inc. One Source Communications, and Atmos Energy are known utilities with facilities located within City
right-of-way in or along Keller-Hicks Road and said facilities are in conflict with the widening of Keller-Hicks
Road
The Texas Utilities Code provides that the governing body of a municipality may require a utility to relocate
the utility`s facility at the utility's expense to permit the widening of a street by giving the utility 30 days
notice and specifying the new location for the facility along the right-of-way of the street. Additionally
Section 3 of City Ordinance No 10692, the franchise governing Atmos Energy's operations in the City
requires that Atmos at its own cost and expense and at the City's request, relocate its facilities located in
City rights-of-way where necessary due to street construction or reconstruction by or on behalf of the City
By adoption of the attached Ordinance the governing body is announcing its requirement that Verizon TXU
Electric Delivery Tri-County Electric Cooperative Inc. One Source Communications and Atmos Energy
relocate their respective facilities located in City right-of-way in or along Keller-Hicks Road at utility
company's sole cost and expense to an area within the new location(s) set forth on Exhibit A of the
Ordinance
This utility relocation is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION
Lo~name. 12UTILNOTICE Page 1 of 2
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/AccountlCenters
FROM Fund/AccountlCenters
Submitted for City Manager's Office by: Marc Ott (6122)
Originating Department Head. David Yett (7623)
Additional Information Contact: Amy Ramsey (7617)
Loaname 12UTILNOTICE Page 2 of 2