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HomeMy WebLinkAboutOrdinance 13530~~ ORDINANCE NO. 13 ~~D AN ORDINANCE AMENDING ORDINANCE NO. 13152 BY REVISING THE NAME OF THE PARTY GRANTED A LICENSE UNDER SUCH ORDINANCE TO USE CERTAIN STREETS, HIGHWAYS AND PUBLIC RIGHTS-OF-WAY IN THE CITY OF FORT WORTH; REVISING THE LOCATION AND NUMBER OF LINEAR FEET PERMITTED FOR THE CONSTRUCTION, MAINTENANCE, AND USE OF A LONG DISTANCE TELECOMMUNICATIONS SYSTEM BY IXC COMMUNICATIONS SERVICES, INC., ACROSS, OVER AND UNDER CERTAIN STREETS, HIGHWAYS AND PUBLIC RIGHTS-OF-WAY OF THE CITY OF FORT WORTH; REVISING THE FEE PAID TO THE CITY OF FORT WORTH BY IXC COMMUNICATIONS SERVICES, INC. FOR SUCH USE BY IXC COMMUNICATIONS SERVICES, INC. OF THE CITY STREETS, HIGHWAYS AND PUBLIC RIGHTS-OF-WAY; DEFINING TERMS; PROVIDING FOR ACCEPTANCE BY IXC COMMUNICATIONS SERVICES, INC. OF THIS ORDINANCE; MAKING THIS ORDINANCE CUMULATIVE OF ALL PROVISIONS OF ORDINANCES AND THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, effective October 9, 1997 the City of Fort Worth (the "City") granted IXC Carrier, Inc. a license to use certain public nghts-of--way in the City under Ordinance No 13152 for the purpose of IXC's provision of long distance telephone service; and WHEREAS, on or about May 22, 1998 IXC Carrier, Inc merged with and became part of IXC Long Distance, Inc., a Delaware corporation, and WHEREAS, on or about June 16, 1998, IXC Long Distance, Inc. amended its Certificate of Incorporation to change rts name to IXC Communications Services, Inc., and WHEREAS, IXC Communications Services, Inc. has requested that the City acknowledge it as IXC Carver, Inc.'s lawful successor; and +~: WHEREAS, IXC Communications Services, Inc: has requested that the City amend the Ordinance No 13152 to allow rts use of certaan additional public rights-of--way in the City for the purpose of IXC Communications, Services, Inc.'s provision of long drstance telephone service; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: I. Pursuant to Section 10 of Ordinance No 13152 (the "Licensing Ordinance"), the City hereby consents to an assignment to IXC Communications Services, Inc. ("IXC") of all rights, duties, obligations and interest m the Licensing Ordinance of IXC Carver, Inc (the "Assignment"). The City does not adopt, ratify or approve any of the particular provisions of any agreement of assignment that may exist or may have existed between IXC Carver, Inc. and IXC and does not grant any nght, pnvilege or use to IXC that is different from or more extensive than any nght, pnvilege or use granted to IXC Carver, Inc. by the Licensing Ordinance. The City consents to the Assignment expressly upon the promise and covenant by IXC that IXC shall faithfully perform all duties and obligations of IXC Carver, Inc. under the Licensing Ordinance and herein. IXC Carver, Inc. understands and agrees that rt shall remain liable to the City for performance by IXC of all duties and obligations of IXC set forth in the Licensing Ordinance. II. The Licensing Ordinance is hereby amended as follows II.1. Section 1 of the Licensing Ordinance is hereby deleted in its entirety and replaced with the following: 2 The City of Fort Worth ("City") hereby grants to IXC and its lawful successors and assigns, from the effective date of this Ordinance until September 30, 2022, a license to use those particular public rights-of--way in the City (the "Public Right-of-Way or Public Rights-of-Way") and at the locations set forth below for the construction, improvement, maintenance and other necessary use of along distance telephone system ("System") and all associated wires, cables, underground conduits, manholes or other structures or appurtenances ("Facilities") that comprise such System. Route 1: Approximately 1,060 linear feet of Public Right-of--Way comprising portions of East 4th Street; East 3rd Street; East 2nd Street; East 1st Street; Weatherford Street; Belknap Street; Terrell Avenue; Leuda Street; Cannon Avenue; Hattie Street; Annie Street; Tucker Street; Bessie Street; and Stella Street, as shown on the map of Exhibit "A-1" as Route 1, and Route 2: Approximately 5,900 linear feet of Public Right-of--Way beginning at a point on 4th Street approximately 141 feet east of the Umon Pacific Raikoad overpass near Nichols Street and approximately 430 feet west of the Railtran overpass at S Live Oak Street; thence in an easterly direction to the intersection with South Sylvama Avenue; thence in a northerly direction along South Sylvama Avenue to its intersection with the South Service Road of Highway 121, as shown on the map of Exhibit "A-1" as Route 2. Exhibit "A-1" is attached hereto and hereby made a part of this Ordinance for all purposes. II.2. Exhibit "A" of the Licensing Ordinance is hereby removed and replaced by Exhibit "A- 1 ", attached hereto and hereby made a part of this ordinance for all purposes. All references in the Licensing Ordinance to "Exhibit'A"' are hereby amended to refer to Exhibit "A-1 " II.3. Section 9 of the Licensing Ordinance is hereby deleted in its entirety and replaced with the following: 3 SECTION 9. LICENSE FEE. For and in consideration of all the nghts and privileges granted hereunder, IXC shall pay the City an annual Public Right-of--Way use fee calculated in accordance with the hneaz feet of Public Right-of--Way in the City used by IXC as provided by this Ordinance ("Public Right-of--Way Use Fee" or "Fee") A. From the effective date of this Ordinance until September 30, 1998, IXC's Fee for Route 1 shall equal four percent (4%) of the initial construction cost of the Facilities, as previously approved by the City, plus $1 42 per linear foot of Public Right-of--Way, in the City used by IXC, prorated for a penod of ten (10) months, for a total sum of Two Thousand Nine Hundred Fifty Dollazs ($2,950 00). From the effective date of this Ordinance until September 30, 1998, IXC's Fee for Route 2 shall equal four percent (4%) of the initial construction cost of the Facilities, which equals Eight Thousand Two Hundred Sixty Dollazs ($8,260 00) Beginning October 1, 1998, IXC's annual fee shall coincide with the City's fiscal year, which commences on October 1st of a given year and ends the following September 30th (a "Fiscal Year"). For the 1998-99 Fiscal Yeaz, the annual Fee for both Routes 1 and 2 shall be $1 45 per lineaz foot of Public Right-of--Way to the City used by IXC. Thereafter, for each subsequent Fiscal Yeaz, the Fee shall be adjusted to reflect a per linear foot charge equal to (i) the per linear foot chazge paid by IXC for the previous Fiscal Yeaz plus (ii) the upwazd percentage change in the Implicit Pnce Deflator for the Gross Domestic Product, as determined by the United States Department of Commerce or successor agency ("GDP Change"), multiplied by the number of lmeaz feet of Public Right-of--Way in the City used by IXC at the time In the event that m any given year there is no GDP Change or the GDP Change is downwazd, the Fee shall remain constant until the following October 1st. In no event shall the Fee ever be decreased. B. IXC `s Fees for the period ending September 30, 1998 shall be due in full not later than thirty (30) days following the date this Ordinance is adopted by the Fort Worth City Council. Subsequent Fees shall be due by not later than September 30th pnor to the commencement of the Fiscal Yeaz for which such Fees aze due. All Fees shall be payable to the City of Fort Worth and delivered to the Public Utilities Supervisor as provided by Section 8, unless otherwise directed m wntmg by the City If IXC fails to pay any Fees to the City as provided herein, the City may terminate the license granted by this Ordinance following thirty (30) days' written notice to IXC and IXC's failure during such time to pay all Fees owed to the City If the City terminates the license granted by this Ordinance for any material breach of this Ordinance by IXC, the City may require IXC to remove its Facilities from the Public Rights-of--Way In such an event IXC shall be solely responsible for the full cost of removal of its Facilities and the cost to 4 repair to the existing standazd any Public Right-of--Way damaged by such removal. C. The Fees established in this Section 9 aze exclusive of and shall not in any way be affected by any relocation of IXC's Facilities required by the City pursuant to Section 3 of this Ordinance. II.4. In the event IXC fails to deliver to the City $8,260 00, the portion of the Fee for Route 2, within thirty (30) days following the date this ordinance is adopted by the Fort Worth City Council, this Ordinance shall be null and void for all purposes as to Route 2. II.S. Section 10 ("Assignment of Rights") of the Licensing Ordinance is hereby amended to add the following: IXC understands and agrees that this Ordinance does not grant IXC or any assignee or successor the right to use the Public Rights-of--Way for the provision of any telecommunications service other than long distance telephone service. If IXC or any assignee or successor wishes to provide or obtains legal authority to provide any other type of telecommunications service through the Facilities, including, but not limited to, local exchange telephone or cable television service, IXC, its assignee or successor shall obtain a franchise, Public Right-of--Way use agreement or other consent by the City if such is required by the City's Charter or Code for providers of the type of telecommunications service offered by IXC or its assignee or successor II.6. Section 11 ("Leasing or Dedication of Facilities") of the Licensing Ordinance is hereby amended to add the following: IXC shall provide the City with copies of any leases, agreements or other contractual arrangement that IXC enters into with any party for the lease or use of the System or Facilities, or any portions thereof. 5 III. All capitalized terms used herein but not defined shall have the meanings assigned to them in the Licensing Ordinance. However, the term "IXC" in both the Licensing Ordinance and herein shall hereafter be used to refer to IXC Communications Services, Inc. IV. Pursuant to Section 2 of Chapter XXV of the Charter of the City of Fort Worth, and as a condition precedent to the effectiveness of this amended license, IXC acknowledges, by the signature hereunder of its duly authorized representative, that it accepts and agrees to the terms, conditions and provisions of this ordinance, thus constituting a contract and agreement between the City and IXC This ordinance shall not become effective until accepted and agreed to in wntmg by IXC within thirty (30) days after adoption by the City Council. V. 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. VI. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid, illegal or unenforceable 6 by final judgment or decree of any court of competent ~unsdiction, the validity, legality and enforceability of the remaining- provisions of this ordinance shall not in any way be affected or impaired. VII. The City Secretary of the City of Fort Worth is hereby directed to publish this ordinance in its entirety once a week for four (4) consecutive weeks within a penod of thirty (30) days after its passage in the official newspaper of the City, as required by Section 2 of Chapter XXV of the City Charter of the City of Fort Worth. IXC shall pay all costs associated with such publication. VIII. This ordinance shall be in full force and effect from and after its passage, publication, wntten acceptance and payment of the Fee as provided herein. APPROVED AS TO FORM AND LEGALITY: ~~c~~ ~~, Assistant City At ey Date: 7' 2 / - y ~ M&c Cr-l22'7S ADOPTED 7-~ l - Z8 EFFECTIVE ~-~~-~~ 7 ACCEPTED AND AGREED TO BY IXC COMMUNICATIONS SERVICES, INC., a Delaware corpora(Ei Milk Jones Vice President of Facilities and Construction t~ Exhibit "A-1" City of Fort Worth, Texas M'Ayar And ~',auncil C.ammunicAtian DATE REFERENCE NUMBER LOG NAME ~ PAGE 7/21/98 **G-12275 121XC 1 of 1 SUBJECT ORDINANCE AMENDING ORDINANCE NO 13153 BY REVISING THE LICENSE GRANTED TO IXC CARRIER, INC FOR USE OF CERTAIN CITY STREETS RECOMMENDATION It is recommended that the City Council adopt the attached ordinance which consents to an assignment by IXC Carrier, Inc. to IXC Communications Services, Inc. ("IXC") of all rights, duties, obligations and interests in City Ordinance No 13152 and amends Ordinance No 13152 by revising the location and number of linear feet permitted for the construction, maintenance and use of a long distance telecommunications system by IXC under certain streets and public rights-of-way of the City of Fort Worth, and by revising the fee to be paid to the City for such use of said streets and rights-of-way DISCUSSION On September 9, 1997, the Fort Worth City Council adopted City Ordinance No 13152, granting to IXC Carrier, Inc. a license to use certain City streets and other public rights-of-way for the construction, maintenance- and use of a long distance telecommunications system IXC Carrier, Inc. has reorganized its corporate structure and wishes to assign it's rights, duties, obligations and interests to IXC Communications Services, Inc., a Delaware Corporation The license will expire September 30, 2002. In consideration for the license to use the prescribed city streets, IXC agreed to pay the City cone-time payment equal to four percent (4%) of the estimated construction costs of that portion of the cable installed in the rights-of-way, plus an annual amount of not less than $1 42 per linear foot of City-owned rights-of-way granted under the ordinance The annual amount is adjusted each year proportionally to the percentage change in the Implicit Price Deflator for the Gross Domestic Product as determined by the United States Department of Commerce. IXC is extending its telecommunications system, and has requested that Ordinance No 13152 be amended to include additional rights-of-way In consideration of the expanded license, IXC will make a payment of $8,260 The annual amount (now based on $1 45 per linear foot to reflect change in the Implicit Price Deflator) will be $10,092, payable October 1, 1998 FISCAL INFORMATION/CERTIFICATION The Public Utilities Supervisor will be responsible for the collection of revenue due under the terms of the contract. CB•j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) AP- RQ`~~D Charles Boswell 8511 ~~'~"~( ~~~~~~~ Originating Department Head: Charles Boswell 8511 (from) ~;(~ ~ ~ Additional Information Contact: `' '"`° ' - ``""f"`J i City 5ecz~etary of tlt© City og ~'or4 B~fortl~, ~`exas Danny Reed 6145 ~r~opted Qrdm~nc~ No. ~ 35~c~