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HomeMy WebLinkAboutOrdinance 11996S ~ CITY OF DALLAS § _, COUNTY OF DALLAS § THE STATE OF TEXAS § Ordinance No / / CITY OF FORT..~VORTH § COUNTY OF Tt__~RANT § THE STATE OF TEXAS § Ordinance No AN ORDINANCE, PASSED CONCURRENTLY BY THE CITY COUNCILS OF THE CITIES OF DALLAS AND FORT WORTH, GRANTING A LICENSE TO METRO ACCEgS NETWORKS, INC. TO OCCUPY, MAINTAIi 1 AND UTILIZE CERTAIN SUBSURFACE SPACE WITHIN THE D/FW RAILTRAN CORRIDOR AS MORE FULLY DESCRIBED, FOR THE PURPOSE OF INSTALLING AND MAINTAINING UP TO SIX 1'/4" PLASTIC CONDUITS WITH FIBER OPTIC CABLE THEREIN, PROVIDING FOR THE TERMS AND CONDITIONS OF THIS LICENSE, PROVIDING FOR CERTAIN COMPENSATION TO BE PAID TO THE D/FW RAILTRAN SYSTEM, PROVIDING FOR PAYMENT OF THE PUBLICATION FEE, AND PROVIDING AN EFFECTNE DATE F-OR THIS LICENSE AND ORDINANCE. ***************** WHEREAS the City of Dallas and the City of Fort Worth, Texas municipal corporations (collectively the "Cities"), as evidenced by deeds recorded in Volume 84017, Page 4116, et seq., of the Deed Records of Dallas County, Texas and in Volume 7726, Page 1863, et seq., of the Deed Records of Tarrant County, Texas, acquired certaui railroad rights-of--way connecting the Cities (the "RAILTRAN Property") pursuant to the D/FW RAILTRAN Contract dated January 18, 1984 (the "Contract"); and WHEREAS, the D1FW RAILTRAN System was established by the Cities pursuant to the Contract for the management of the RAILTRAN Property (the Cities being sometimes collectively referred to herein, while acting through or on behalf of the D/FW RAILTRAN System, as "RAILTRAN"), and WHEREAS, the Cities have entered into a Trackage Rights Agreement v~nth the Burlington Northern Railroad Company ("BN") and a Joint Use Agreement with the Missouri Pacific Railroad Company ("MP"), and WHEREAS, the Cities anticipate continuing to make the RAILTRAN Property available from time to time to other private or public entities, Including, but not limited to, regional transportation authorities such as the Dallas Area Rapid Transit Authority ("DART") and the Fort Worth Transportation Authority ("the T"), for rail transportation purposes (such other private or public entities, as well as BN, MP and their respective subsidiaries and affiliates, being sometimes collectively referred to herein as "Rail Operators"), and WHEREAS, Metro Access Networks, Inc., a Delaware corporation ("Metro Access"), desires to use certain subsurface space within the RAILTRAN Property for the purposes herein stated, and WHEREAS, the Cities have agreed to grant a license to Metro Access to the RAILTRAN Property for such purposes, OfFIClAL RECGgO NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCILS OF THE CITY CITY ~~C~~~/~f~ OF FORT WORTH AND THE CITY OF DALLAS: ~~ ~~ t~~~3T~ r~~ SECTION 1 Grant of License A license (License ), subject o ' ~ o restrictions and conditions of this ordinance, is hereby granted to Metro Access to occupy, maintain and utilize for the purposes set out hereinbelow, the subsurface space located wrtlun the RAILTRAN Property (the "Licensed Area") along an alignment approved by the Property Management Director of the City of Dallas, and which shall be shown on a map which shall be on file in the office of the Property Management Director (a true copy of Metro Access Networks, Inc License Ordinance Page 1 of 9 City of Dallas Ordinance No \~ Ci~y of Fort Worth Ordinance No which shall also be on file in the office of the RAILTRAN Manager) and which is incorporated herein. Changes to the alignment may be made with the concurrence of the Property Management Director and the RAILTRAN Manager, or shall be made as required by Section 4 (b) of this Ordinance, and ui such event the map shall be updated by the Property Management Director at the expense of Metro Access and said map, as revised and approved,. shall be incorporated herein. ~ Such changes in alignment shall not require the approval of the two City Councils. SECTION 2. Term. This License is granted for a term of forty (40) years commencing upon the date of final passage of this ordinance by the Cities. SECTION 3. Consideration. Metro Access will pay or provide the following as consideration for this License (a) Metro Access shall pay to RAILTRAN an annual fee equal to the total number of linear feet of RAILTRAN Property utilized multiplied by One Dollar and Eights Cents ($1 08) (the "License Fee") The License Fee shall be deposited into Fund 010, Agency RLT, Org. 9223, Revenue Source 8553, or such other fund as may be appropriate in the future pursuant to the Contract. The License Fee, beginning upon the fifth (5th) anniversary of the passage of this ordinance, and on each successive five (5) year term thereafter, shall be adjusted for inflation by multiplying the License Fee by a factor based upon the difference between the Consumer Price Index (published by the United States Department of Commerce) for 1995 subtracted from the same index for the then current calendar year, and adding this product to the License Fee (b) Metro Access shall install three (3) pairs of fiber optic cable (six fibers) m the facility to be constructed by Metro Access within the Licensed Area to be provided for use by the Cities. These fibers may be used by RAILTRAN for any non-commercial governmental or municipal purpose. (c) Metro Access shall reserve one of the conduits for exclusive use by the Cities. Use of this conduit by the Cities shall be restricted to the uses specified in 3(b) above or to uses which are not u1 competition with the normal local business of Metro Access. (The Cities will provide Metro Access at least seventy two (72) hours notice prior to allowing any work to be performed upon the fiber optic cable or the conduit reserved for the Cities pursuant to Section 3(b) and 3(c) above so that Metro Access may have a representative or representatives present at the work site to safeguard its facilities.) (d) Furthermore, Metro Access shall pay, as they become due and payable, and before they become delinquent, all ad valorem taxes, both general and special assessments, and governmental charges (other than charges relating solely to Metro Access' use of the Licensed Area) lawfully levied or assessed against Metro Access' improvements m the Licensed Area, as well as all normal fees payable under the various construction-related codes and ordinances of the Cities, subject to Metro Access' right to contest the amount or legality of any tax or assessment levied or assessed against it by any taxing authority, as provided by law Metro Access shall also reimburse BN for reasonable and necessary expenses attributable to work performed by BN on behalf of Metro Access including cost of labor (whether or not contracted by BN) and supervision, necessary travel or transportation expenses, lodging, meals, equipment rental, materials, and any freight and handling charges on materials used, plus reasonable standard additives (in accordance with a list of standard additives to be supplied to Metro Access with any bills containing such additives) (e) The License Fee shall be paid at the office of the Property Management Director of the City of Dallas, or as otherwise directed by RAILTRAN, on or before the first day of January of Metro Access Networks, Inc License Ordinance Page 2 of 9 ~~~ f City of Dallas Ctty of Fort Worth Ordinance No Ordinance No each year during the term of this License. Late paymerits shall be subject to a late payment charge calculated at the rate of eighteen per cent (18%) per annum, compounded monthly, or the highest applicable rate allowed by law SECTION 4. Use. The Licensed Area shall be used by Metro Access to install, maintain, repair, replace, operate and remove up to six 1 1/4" diameter plastic conduits andall structures and appurtenances necessary therefor (the "Conduits"), subject to the following conditions• (a) Prior to commencing construction of the Pipeline, Metro Access shall submit to the Cities detailed construction plans, specifications and schedules (collectively the "Plans") for review and approval, which shall not be unreasonably withheld or delayed. To the extent reasonably possible, the Plans shall provide for construction of the Conduits in a manner that minimizes _ Metro Access' interference with the existing operations of RAILTRAN and Rail Operators withal the Licensed Area. All construction shall be accomplished m a good and workmanlike mariner, reasonably satisfactory to the Cities and the Rail Operators. As soon as the conduits have been installed and surveyed, Metro Access will provide the Cities with eight (8) copies of an "as built" survey showing the location of the Conduits within the Licensed Area, along with a complete set of "as built" drawings certified as correct by Metro Access' engineers. Any relocation or modification of existing facilities within the Licensed Area shall require RAILTRAN's prior written consent, be at Metro Access' sole cost and expense; and accomplished to RAILTRAN's reasonable satisfaction. Any relocations or modifications to the Conduits shall be reflected on eight (8) copies of supplemental "as built" drawings to be provided to RAILTRAN by Metro Access m a timely manner and certified by Metro Access' engineers. (b) RAILTRAN may, in the reasonable exercise of its discretion, conclude that a relocation of a portion of the Conduits is necessary for the operation of RAILTRAN's existing or future facilities or those of one of the Cities or their Ratl Operators. Metro Access agrees to bear all costs, including engineering and surveying, or relocating the Conduits and the costs of relocating the line of any other facility to the extent such line is in place on the date this ordinance takes effect and is being relocated solely to accommodate the relocation of the Conduits. In the event RAILTRAN deternines that a relocation of the Conduits is necessary as set forth above, it shall provide Metro Access reasonable written notice of such determination and shall designate a reasonable time penod m which to relocate. (c) Metro Access agrees to construct, operate and maintain the Conduits in a manner that does not unreasonably interfere with the Cities' or RAILTRAN's activities, or the activities of any passenger or freight Rail Operator (d) Metro Access agrees that the design, construction, operation and maintenance of the Conduits shall fully meet the current and future requirements of the Texas Railroad Commission, the American Railway Engineenng Association, and the United States Department of Transportation as set forth in the Federal Code of Regulations, as well as all other applicable standards, laws, rules and regulations. (e) Metro Access further agrees to the following conditions for the installation, operation and maintenance of the Conduits. (1) a minimum of 4-feet of soft-fill cover; (2) erosion controls with bn-annual testing to determine depth of cover; (3) the installation of a warning tape or warning material one to two feet above the Conduits (4) the Conduits shall be gradually deepened as they run under stream and raver Metro Access Networks, Inc License Ordinance Page 3 of 9 City of Dallas Ordinance No City `~Of Fort Worth Ordinance No beds in order to maintain the minimum 4-feet cover in all areas; (5) warning signs shall be placed at 1,000 foot intervals for the entire distance that the Conduits run through the RAILTRAN Property; (f) The Cities and RAILTRAN hereby consent to the reasonable and necessary temporary use by Metro Access of additional areas within the RAILTRAN Property adjoiiung the Licensed Area for the purposes of performing work relating to the initial installation of the Conduits ui accordance with the Plans. In regard to future maintenance, repair or replacement of the Conduits within the Licensed Area, Metro Access shall have the right of ingress and egress to and from the Licensed Area so long as its exercise of such nght does not unreasonably interfere with the Cities' or RAILTRAN's activities or the activities of any other Rail Operators. Metro Access shall deliver written notice in advance (except in the case of emergencies, in which case Metro Access shall provide notice as soon as reasonably possible) to RAILTRAN and the Rail Operators of its entry onto the Licensed Area for purposes of performing such work. (g) Metro Access agrees that its employees and the employees of any of its sub-contractors will comply with the provisions of BN's safety rules. (h) The Licensed Area shall be used by Metro Access for the purposes set out herein and for no other purpose Section 5. Nonexclusivity. This License is nonexclusive and is made expressly subject and subordinate to the nght of the Cities to use the Licensed Area and the RAILTRAN Property, for any purposes by any entity permitted by the Cities. Without lunituig the generality of the foregoing, it is expressly understood and agreed that RAILTRAN has the nght to construct or allow the construction of spur tracks and similar appurtenances over the Licensed Area. Notwithstanding the foregoing, but without limiting the Cities' nghts under any other provision of this ordinance, and so long as Metro Access is in compliance with the terms of this ordinance, the Cities -will not prevent Metro Access from attaining its fundamental objective in obtaining this License, namely, to use the RAILTRAN Property for the installation, maintenance and operation up to six 1'/<" plastic Conduits tivith fiber optic cable therein and ali structure and appurtenances necessary for its efficient and safe use, provided that this provision will not lirrut or restrict the federal government's right to require termination or modification of the License. Section 6. Removal of Conduits At such time as the License expires by its terms or is terminated in accordance herewith, Metro Access upon its receipt of wntten notice issued by the Cities acting through the Property Management Director, or her designee, shall, within a reasonable penod of time, remove the Conduits from the Licensed Area, and shall restore such area to its former condition. If Metro Access fails to remove the Conduits and restore the Licensed Area within a reasonable penod of tine after its receipt of such notice, or if such work is not done to the reasonable satisfaction of the RAILTRAN Manager, then in either event RAILTRAN shall have the additional nght, at its option, to do all work necessary to restore such area to its former condition or cause such work to be done, and to assess the cost of such work against Metro Access. Section 7. Insurance Metro Access agrees to have and keep current the following insurance policies while engaged in activities on the RAILTRAN property• (a) Commercial General Liability Insurance, to include contractual liability and products/completed operations, against claims ansing out of bodily injury, illness and death and from damage to or destruction of property of others, including loss or use thereof, and including liability of BN, contractor, and all sub-contractors, and each of them with minimum limits for bodily injury and property damage of X1,000,000 for each occurrence with an Metro Access Networks, Inc License Ordinance Page 4 of 9 City of Dallas Ordinance No .rte ~. City of Fc North Ordinance No aggregate of $2,000,000 This policy shall contain a "Waiver of Subrogation or Transfer Rights" endorsement to waive any right of recovery that the insurance company may have against BN because of payments made for bodily injuries or property damage. (b) Business Automobile Policy Insurance, including owned, non-owned, and hired vehicles with muumum limits for bodily injury and property damage of $1,000,000 per-occurrence on all vehicles used on the RAILTRAN property during this Permit. (c) Workers' Compensation Insurance or coverage as required under the Workers' Compensation Act of the applicable State. The policy should include occupational disease to required statutory limits, employer's liability of $1,000,000 to include FELA, if appropriate, and an "all states" endorsement (d) The Cities, BN and MP shall be a named insured under the policies required in (a) through (c) above,_unless any of said entities elect otherwise. -- (e) In addition to the insurance requirements of (a), (b), and (c) above, the contractor will be required to famish a Railroad Protective Liability Insurance policy issued in the name of BN, with a limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence and an aggregate of six million dollars ($6,000,000) when construction or demolition work will be performed by contractor under this Permit within 50 feet of railroad tracks. (f) As to the Cities and their Rail Operators, Metro Access agrees to accept and assume all nsks in connection with the use and occupancy of the Licensed Area, including acceptance of same "As Is" and "With All Faults" The Cities make no warranties or representations, express or implied, concemirig the condition or suitability of the Licensed Area for any particular use or purpose. In the event, through the negligence or fault of the Cities or the Rail Operators, the Conduits or other property of Metro Access is damaged or destroyed, or use thereof is interrupted, Metro Access hereby agrees to unconditionally waive, release and indemnify the Cities and their Rail Operators from any loss, cost, damage or claim Metro Access may have sustained or may claun in connection with such negligence or fault of the Cities or the Rail Operators, as well as any repair or replacement costs. Section 8. Indemnity and Release. (a) Metro Access agrees to indemnify and defend (with counsel of Metro Access' choice) RAILTRAN, the Cities, the Rail Operators and their respective officers, employees, agents and contractors (while acting within their official capacities) against any and all clauns for in~unes (uicluding death), damages, costs and expenses (including reasonable attorney's fees and court costs), to persons or property, resulting from the acts or omissions of Metro Access or its representatives, agents, contractors, invitees or employees iii connection with the Licensed Area or the RAILTRAN Property during the term of this License or the existence, installation, operation, maintenance, repair, replacement or removal of Metro Access' improvements thereon. (b) The foregoing indemnity shall apply even if such claim or damage is occasioned by the sole or concurrent negligence of the indemnified parties. Provided, however, the foregoing iridemrnty shall not apply to clauns or damages occasioned by the sole or concurrent gross negligence or willful misconduct of the indemnified parties. (c) As to the Cities and.their Rail Operators, Metro Access agrees to accept and assume all nsks in connection with the use and occupancy of the Licensed Areas, including acceptance of same "As Is" and "With All Faults." The Cities make no warranties or representations, express or implied, concerning the condition or suitability of the Licensed Area for any Metro Access Networks, Inc License Ordinance Page 5 of 9 City of Dallas Ordinance No _~ City ~of Fort Worth Ordinance No particular use or purpose. In the event, through the negligence or fault of the Cities or the Rail Operators, the Conduits or other property of Metro Access is damaged or destroyed, or the use hereof is interrupted, Metro Access hereby agrees to unconditionally waive, release and indemnify the Cities and then Rail Operators from any loss, cost, damage or claim which Metro Access or any entity served by Metro Access may have sustained or may clam in connection with such negligence or fault of the Cities or their rail Operators, as well as any repair or replacement costs. Provided, however, such waiver, release and indemnification obligation shall not apply to any loss, cost, damage or claun occasioned by the sole or concurrent gross negligence or willful misconduct of the indemnified parties. (d) None of the parties indemnified by Metro Access pursuant to this Section shall have a claim against Metro Access unless. (1) the Cities or their successors under the Contract shall have promptly notified Metro Access, in wasting, of such loss; (2) Metro Access shall have been given the opportunity to investigate, compromise and defend any such claim, and (3) in respect of any loss covered by Section 8 (a), if the damage or injury giving asse to such loss involves the possible diminution in value of the assets of such party, such party shall have exerted reasonably diligent efforts to avoid such diminution. (e) The indemnities set forth in thus Section 8 shall survive the expiration or termination of thus License ii respect to events occumng during the term of thus License or while Metro Access continues to use, or has improvements on, the Licensed Area. Section 9. Termination for Cause. (a) The governing bodies of the Cities reserve the right, subject to subsection (b) below, to terminate this ordinance and License by means of ordinance or resolution duly adopted by such governing bodies upon, but only upon, the happening of any of the following events of default: (1) Failure to pay the annual License Fee or other charges required by Section 3 (a) above (2) breach of any of the provisions of Section 4 (e) above by Metro Access (3) Metro Access failure to provide and maintain the insurance coverages required by Section 7 above (4) Metro Access failure to comply with any applicable federal, state or local law or regulation relating to construction, operation or maintenance of the Conduits. (5) Any lien related to Metro Access activities filed against the Licensed Area or RAILTRAN Property and not released or otherwise removed or bonded within sixty (60) days after written notice, from any source, to Metro Access of the filing thereof. (6) Any other material breach by Metro Access of the terms of this License. (b) Provided, however that the Cities shall not be entitled to exercise the asght of termination hereunder unless wntten notice of such default shall have been delivered to Metro Access and (1) Metro Access shall have failed to cure such default within sixty (60) days after its receipt of such notice (except wrth regard to Section 9(a)(3) above for which the cure penod will be ten (10) days), if same rs susceptible of being cured within said sixty (60) day penod, or (2), in the event that cure is not possible by the exercise of reasonable diligence within such cure peasod and Metro Access has notified the Cities of such fact and outlined a detailed schedule for the cure of such default promptly after Metro Access receipt of such notice, Metro Access Networks, Inc License Ordinance Page 6 of 9 City of Dallas Ordinance No City of )~ Worth Ordinance No Metro Access shall have failed to prosecute such cure to completion in a reasonably diligent manner (c) The nght to terminate this License pursuant to this Section 9 shall be cumulative of any other remedies available to the Cities, at law or inequity, for a Metro Access breach of this License All such remedies may be exercised concurrently and whenever, and as often, as the need therefore arses. (d) Waiver of any breach does not constitute a continuing waiver or a waiver of any subsequent breach of this License. (e) In the event of default and termuiation pursuant to this Section (where such default continues beyond the applicable cure period), the Cities shall refund a pro rata portion of the License Fee to Metro Access. Such refund shall be calculated by multiplying the amount of the License Fee by a fraction having as its numerator the number of days then remaining in the current annual term of this License and having as rts denominator the number 365, which is the total number of days in an annual term of this License; provided, however, if the default causes monetary damages to the Cities, the Cities may withhold from the refund the amount of such damages. Section 10. Applicable Law. This License is subject to all federal, state and local laws, ordinance and regulations. The provisions hereof shall be construed in accordance with the laws of the State of Texas. Section 11 Notice. Any notice or communication required m the administration of this ordinance shall be sent by certified mail, return receipt requested, postage prepaid, addressed as follows, unless otherwise advised by wntten notice given to the manner prescribed by this section. Cities. City of Dallas: Property Management Director 320 E. Jefferson, Room 203 Dallas, Texas 75203 Metro Access Nehvorks, Inc.: 3350 Peachtree Road N.E. Suite 110 Atlanta, Georgia attn. Richazd Kolsby City of Fort Worth RAILTRAN Manager 1000 Throckmorton St. Fort Worth, Texas 76102 Section 12. Parties Bound. Except as otherwise expressly stated herein, the terns and conditions contained ul this ordinance shall inure to the benefit of and be binding upon the Cities and Metro Access, their respective successors and permitted assigns. This ordinance contains the entire agreement between the Cities and Metro Access with respect to this License. No modification or change in the terms hereof shall be binduig upon either party unless set forth in a document duly executed by the party sought to be bound or otherwise expressly approved in venting by such party Section 13. Assignment This License may not be assigned without pnor wntten consent of the Property Management Director; provided, however, that the determination of the Property Management Director in this matter will .be final and binding. Such assignment if approved, shall recite that it is subject to the terms, restrictions, and conditions contained in this ordinance but shall not be conditioned on the payment of any additional consideration to RAILTRAN or the Cities, other than nominal administrative expenses; if any Notwithstanding the foregoing, Metro Access may assign this License to its parent corporation or any entity into which it or its parent .corporation Metro Access Networks, Inc License Ordinance Page 7 of 9 City of Dallas Ordinance No City of Fort Worth Ordinance No merges or any entity owned at least fifty percent (50%) by Metro Access or its parent. The assignee shall deliver a copy of the assignment, along with the assignee's written acceptance of the provisions of this ordinance, to the Cities in accordance with Section 11 within ten (10) days after such assignment, who will then forward such assignment and written acceptance to the City Secretaries of the Cities. Metro Access shall not be released from its obligations hereunder unless the Property Management Director has expressly approved such release in writing. Section 14. Sub-licensing. Thus License may not be sub-licensed without pt7or written consent of the Cities. Section 15. Consent. Whenever any provision in this ordinance requires that the consent _ or approval of one party be obtained prior to the taking of any action by or on behalf of the other party, then such consent or approval by the party required to give same shall not be unreasonably withheld or delayed. Further, it shall be deemed, pruna facie, unreasonable for one party to condition its consent or approval upon the agreement of the other party to increase the economic benefits to which the party whose consent is required would otherwise be entitled. Section 16. Third Party Obligations. Whenever Metro Access is required to perform any obligation to a person or entity not specifically named it this ordinance, the failure of which to perform would be an event of default hereunder, Metro Access shall not become liable or responsible for, and there shall be excluded from the computation of any period of time prescribed herein for performance of such obligation, the period during which Metro Access is contesting in good Earth with reasonable diligence the imposition or extent of such obligation. Section 17. Costs. If Metro Access is required to pay a reimbursement to the Cities or RAILTRAN for the cost or expense of any item, the cost or expense shall be the reasonable and customary charge therefor, and in respect of costs and expenses that the Cities or RAILTRAN, on behalf of Metro Access, iricur, pay or become obligated to pay to any third parties, paid or obligated to be paid by the Cities or RAILTRAN, as the case may be, without mark-up or surcharge of any kind. Section 18. Recordation. The City Secretaries are hereby authorized and directed to certify two copies of this ordinance for recordation in the Real Property Records of Dallas County and Tarrant County, Texas, which certified copies shall be delivered to the Property Management Director, or her designee. Upon receipt of the first year's fee, an acceptable certif cate of insurance, and the fee for publishing this ordinance, which Metro Access shall likewise pay, the Property Management Director, or her designee, shall deliver to Metro Access a certified copy of this ordinance duly executed by the Cities. The Property Management Director, or her designee, shall be the sole source for receiving certified copies of this ordinance for one year after its passage Section 19. Federal Transit Administration. This License is subject to review by the Federal Transit Administration (the "FTA"), formerly known as the Urban Mass Transportation Administration, morder to verify that the Licensed Area does not restrict or prohibit mass transportation operations or related purposes of RAILTRAN now or in the future. The Cities and Metro Access understand and agree that the Conduits shall be operated in such a manner so as not to adversely affect the Federal interest or impair the use of the property, facilities or equipment funded by the Federal Government in such a manner as to inhibit the use of such property, facilities or equipment for mass transportation purposes. The provisions of the Offer of Contractual Assistance, executed by the Cities in favor of FTA, identified as UMTA Project TX-0300082, are incorporated herein by this reference. ' Section 20. Effective Date. This ordinance shall take effect immediately from and after its Metro Access Networks, Inc License Ordinance Page 8 of 9 City of Dallas ~ Ordinance No - City of F~Worth Ordinance No passage and publication in accordance with the provisions of the charters of the Cities of Dallas and Fort Worth and it is accordingly so ordained. APPROVED AS TO FORM. Sam Lindsay, City Attorney, City of Dallas BY Assistant City Attorney Approval Recommended. CITY OF DALLAS PROP'Y MANAGEMENT DIRECTOR APPROVED AS TO FORM AND LEGALITY Wade Adkins, City Attorney BY Assistant City Attorney Approval Recommended. CITY OF FORT WORTH RAILTRAN MANAGER Lisa Pyles Passed by Dallas City Council (date) Terms and Provisions agreed to METRO ACCESS NETWORKS, INC. BY Title Name Typed. Date (date) 0l:fICIAI RECORD CITY SECRETARY FT. WORTI~, ~'. Passed by Fort Worth City Council Metro Access Networks, Inc License Ordinance Page 9 of 9 z--~-®-~ ~d~ ~Ni1 H~1VVv ~ ~Q~ ~JI1 N~1VW u, > ~ v ~" ~ "~ C/~ 3 M d W ~ O M ~ ~ ~ tp 4. 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O o. -~ ~ co 3 ~ u+, z ~ ~ ~~ aN ai a,n ~ ~ ~ o U ~ c0 ~ t0 f~ O d.. ~ ~ 'a ~ t0 M ~ N ~ In ~ ~ Y'1 ~N N a~ ~ ~ ~a~ ~~ u~ ~\ ~ N Z J/ tD \1 ~ ~i ~ivHO`Nn ~ ~ ~?^ e ~, N ~ rJ `° ~ ~ O 3 s~R~~~ JI W g~N / _ ~~ ' ~I JI y vin 3~ ,L z W ~, ~ ~ ~ M ° V ~ ~ ~~ ~ V 4-N I-------------------~/ N Zt0 ------~~ z I ~ _ ~'j m~ I Z^ to ~ ~~ ~ ~ „~ 3 4 W Z V K w Z t:. ..~ City of Fort Worth, Texas Mayor and Council ~,ommunicatioyc TE 06/13/95 NUMBER **G11123 02RAIL I 1 of 2 SUBJECT DFW RAILTRAN SYSTEM ADOPTION OF ORDINANCE GRANTING A LICENSE TO METRO ACCESS NETWORKS,INC ,FOR THE INSTALLATION AND MAINTENANCE OF FIBER OPTIC CABLES IN THE RAILTRAN CORRIDOR RECOMMENDATION The RAILTRAN Policy Committee recommends that the City Council adopt the attached ordinance granting a forty year license agreement to Metro Access Networks,lnc (MAN) far the installation and maintenance of fiber optic cables in the RAILTRAN Corridor at an annual fee of S 1 08 per linear foot, adjusted for inflation every five years DISCUSSION On September 22, 1994, the Policy Committee authorized Dallas Property Management staff to execute amonth-to-month license agreement with MAN to begin installation and maintenance of up to six 1 1 /4" plastic conduits with fiber optic cable in the RAILTRAN Corridor MAN now requests a forty year license agreement to replace the month-to-month agreement As with other long-term RAILTRAN license agreements, the proposed agreement is in the form of an ordinance adopted by both City Councils The present installation of fiber optic cable extends approximately 161,141 linear feet, from Ninth and Jones Street in Fort Worth to Continental Avenue in Dallas MAN has also requested permission to utilize the Irving/Carrollton Spur from the mainline to the end of the RAILTRAN ownership at Walnut Hill Lane in Dallas The same terms and conditions would apply in this area MAN has agreed to pay an annual fee of $1 08 per linear foot, with inflation adjustments every 5 years A fee of S 171,038 76 has been paid for the current year pursuant to the terms of the month-to-month agreement In addition to the annual fee, MAN will provide three pairs of fibers and one conduit to the Cities The Dallas City Council approved this ordinance at its meeting on May 24, 1995 O~f~CfA~ R~ ~ D c~~ s~~~d ~~ ~ y ~~~~ ~ +=~+ Printed on recycled paper City of Fort Worth, 2 exas Mayor and Council (,ommunication DATE 06/13/95 REFERENCE NUMBER **G11123 LOG NAME 02RAIL PAGE 2 of 2 SUBJECT DFW RAILTRAN SYSTEM ADOPTION OF ORDINANCE GRANTING A LICENSE TO METRO ACCESS NETWORKS,INC ,FOR THE INSTALLATION AND MAINTENANCE OF FIBER OPTIC CABLES IN THE RAILTRAN CORRIDOR FISCAL INFORMATION/CERTIFICATION All revenue will be received by City of Dallas Property Management Office and deposited into the RAILTRAN account to be shared by the two cities for use on the RAILTRAN line The Director of Fiscal Services certifies that no expenditure of funds will be necessary to adopt this ordinance BT w Submitted for City Manager's FUND ACCOI7NT CENTER AMOUNT CITY SECRETARY Office by: (to) Bob Terrell 6116 ~d y g~ Originating Department Head: ~v~~ ~ ~ ! ~ ~. (from) ~~s~~ ~ ~ A~~~ Lisa Pyles 6123 For Additional Information /J Contact: City Saer4~sry tst ltt~ Lisa Fyles 6123 Cit of Pvri~~/tt€~4~,'~~~gC3 rt ~i t~ //~f~ sus Printed on recycled paper