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Home My WebLink AboutOrdinance 11564 ORDINANCE NO. ~ AN ORDINANCE AMENDING ORDINANCE NO. 11555 OF THE CITY OF FORT WORTH, TEXAS WHICH GRANTED A FRANCHISE TO AMERICAN COMMUNICATION SERVICES OF FORT WORTH, INC., ITS SUCCESSORS AND ASSIGNS, TO USE THE RIGHTS-OF-WAY OF THE CITY OF FORT WORTH, TEXAS, FOR THE PURPOSE OF LAYING, MAINTAINING, USING, AND OPERATING THEREIN A FIBER OPTICS TELECOMMUNICATIONS NETWORK LOCATED IN SAID CITY; PROVIDING FOR INSURANCE REQUIREMENTS; PROVIDING THAT THIS ORDINANCE BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ACCEPTANCE BY AMERICAN COMMUNICATION SERVICES OF FORT WORTH, INC.; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Ordinance No. 11555 of the City of Fort Worth, Texas,. is amended through the amendment of Section 11, "Insurance", of such ordinance, so that hereafter said section shall read as follows: SECTION 11. INSURANCE The Company shall maintain the following insurance coverages and the respective policies thereof shall cover all risks related to the use and occupancy of the right-of-way and all other risks associated with this franchise agreement: (a) Description of Insurance Coverages and Limits 1. Commercial General Liability Insurance $5,000,000 each occurrence Coverage shall include but not be limited to the following: premises operations, independent contractors, products/completed operations, personal injury, contractual liability, explosion/collapse/underground property damage. Insurance shall be provided on an occurrence basis, and shall be as comprehensive as the current Insurance Services Office (ISO) policy. Sudden pollution coverage may not be excluded by endorsement. All other exclusions by endorsement must be approved by the City Manager or his authorized representative, as may be in the best interest of the City. 2. Automobile Liability Insurance $5,000,000 each accident Coverage shall be on "any auto", including leased, hired, owned, non-owned and borrowed vehicles. (b) 3. Worker's Compensation Insurance Statutory limits Employer's Liability - minimum $500,000 for each accident/disease-each employee/disease-policy limit. Alternatively, the City Manager or his authorized representative may approve reasonably equivalent coverage. Other Insurance Related Requirements 1. The City of Fort Worth shall be an additional insured, by endorsement, on all applicable insurance policies. 2. Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City. 3. Insurers shall be authorized to do business in the State of Texas, or otherwise approved by the City and such be acceptable to the City insofar as their financial strength and solvency are concerned. 4. Deductible limits on insurance policies and/or self insured retentions exceeding $50,000 require approval of the City as respects this agreement. 5. The City shall be notified a minimum of thirty (30) days prior to the insurer's action in the event of cancellation, non-renewal or material change coverage regarding any policy providing insurance coverage required in this agreement. 6. Full limits of insurance required in Subsection (a) of this section shall be available for claims arising out of this agreement with the City. 7. Certificates of insurance shall be provided by Company to the City prior to commencement of operations pursuant to this franchise. Any failure on part of the City to request such documentation shall not be construed as a waiver of insurance requirements specified herein. 8. The City shall be entitled, upon request and without incurring expense, to review the insurance -2- policies including endorsements thereto and, at its discretion, to require proof of payment of policy premiums. 9. The City reserves the right to revise insurance requirements specified herein and require Company to comply therewith within sixty (60) days of the City's official notice of the revision. The City Manager or his authorized representative may revise the insurance requirements without further approval of the City Council so that such insurance coverage and policy limits are commensurate with the liability risk associated with Company's franchise and with the nature of its operations as a franchisee. 10. The City shall not be responsible for paying the cost of insurance coverages required herein. 11. Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided to the City in a timely manner. 12. "Other insurance" as referenced in any policy of insurance providing coverages required herein shall not apply to the City of Fart Worth. 13. City reserves the right to require Company to ensure that its contractors performing work on the Network maintain certain insurance specified by City, approved certification of which shall be provided by Company to City upon City's request. Alternatively, insurance coverage on Company's Contractors shall be provided by Company. SECTION 2. CUMULATIVE That this ordinance shall be cumulative of all provisions of the Code of the City of Fort Worth, (1986), as amended, except in those instances where the provisions of this ordinance are in direct conflict with the provisions of such Code, in which instances the provisions of this ordinance shall supersede the conflicting provisions of such Code as they apply to the Company. -3- 9 SECTION 3. That 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 void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 3. ACCEPTANCE Pursuant to Section 2 of Chapter XXV of the Charter of the City of Fort Worth, the Company, acknowledges, by the signature hereunder of its duly authorized representative, that it accepts and agrees to the terms, conditions and provisions of this ordinance the same as if it were a contract between the City and Company. This amendment shall not become effective until accepted and agreed to in writing by Company as herein prescribed. SECTION 4. EFFECTIVE DATE That this ordinance shall be in full force and effect from and after its passage and written acceptance by Company as above specified, and it is so ordained. 7 f -4- APPROVED AS TO FORM AND LEGALITY: D te: ADOPTED v- ~ - , f EFFECTIVE: ~' ~ ~ ~`Y ACCEPTED: AMERIC COMMUNICATION SERVICES OF FORT O , gy. Title: ~~~~~ Date : 1 V oti`~` ~ ~ ~ ~~ -5- J City of Fort Worth, Texas Mayor and' Council C~crrmnunication DATE REFERENCE NUMBER 7+0(i PiAMB PAOB ' 05/17/94 **G-10660 12ACSFW 1 of 2 svsJECT ORDINANCE AMENDING ORDINANCE NO 11555 WHICH GRANTED A FRANCHISE TO AMERICAN COMMUNICATION SERVICES OF FORT WORTH, INC RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending Ordinance No 11555, which granted a fiber optics telecommunications franchise to American Communication Services of Fort Worth, Inc ,revising requirements for insurance DISCUSSION On April 26, 1994, the City Council adopted Ordinance No 11555 (M&C G-10638) authorizing American Communication Services of Fort Worth, Inc , to install and operate a fiber optics telecommunications network in the City right-of-way The ordinance required American Communication Services of Fort Worth, Inc , to obtain 510,000,000 00 General Liability Insurance, $10,000,000 00 Automobile Liability Insurance, and $10,000,000 00 Environmental Impairment Liability Insurance City staff has reviewed the insurance requirements and determined that they should be revised The 510,000,000 00 limits on General Liability and Autamobile Liability is high compared to the requirements of other major cities and the City's requirement for other entities authorized to work in the right-of-way It is proposed that the limits be reduced to 55,000,000 00 Gradual environmental damage is not an inherent risk in the operation of a fiber optics telecommunications network, therefore, it is proposed that the requirement for Environmental Impairment Insurance be deleted Because the insurance amount9*are prescribed in the franchise ordinance, it is necessary for the City Council to adopt an amendment whenever insurance requirements change Therefore, the proposed amendment contains a provision which, in the future, will authorize the City Manager to revise insurance requirements to be commensurate with the liability risk associated with the nature of the Company's operations, without requiring further amendment to the franchise ordinance. Printed on recycled paper City of Fort Worth, Texas Mayor and Council ~.ommunication DATE 05/17/94 REFERENCE NUlISER **G10660 LOO NAME 12ACSFW PAGB 2 of 2 strsJECT ORDINANCE AMENDING ORDINANCE NO 11555 WHICH GRANTED A FRANCHISE TO AMERICAN COMMUNICATION SERVICES OF FORT WORTH, INC FISCAL INFORMATION/CERTIFICATION This action will require no expenditures of City funds CB.r .. ~ meted or Managers oln b FUND AC UNT ELATE UNT I RET Y ce y: c~~ APPRQVED ChadeaR.Iloawell 8soo CITY C0~'NCIL II~a: w a ~7 MAY , ~ Aalina 7623 ~~~,~ ~g94 //~~ For Additional Information C ~~ ~~ ~4RJ ~~~~,,,/ ontact: D ~tj-AfllNlt~ amY Reed 6798 3+~ Adop#ed Ordinance Pao, ']//~ `"~' ~ Printed on recycled paper