HomeMy WebLinkAboutOrdinance 11321_~
ORDINANCE NO. ~~~
- AN ORDINANCE AMENDING SECTIONS 1, 3 AND 9 OF CITY ORDI-
NANCE N0. 9494, BY REVISING THE LOCATION AND NUMBER OF
LINEAR FEET PERMITTED FOR THE CONSTRUCTION, MAINTENANCE
AND USE OF A LONG-DISTANCE TELECOMMUNICATIONS SYSTEM BY
~ MCI TELECOMMUNICATIONS CORPORATION ACROSS, OVER AND
~,', UNDER CERTAIN STREETS, HIGHWAYS AND PUBLIC RIGHTS-OF-WAY
OF THE CITY OF FORT WORTH; AND BY REVISING THE FEE PAID
TO THE CITY OF FORT WORTH BY MCI TELECOMMUNICATIONS
'.~ CORPORATION FOR THE CONSTRUCTION, MAINTENANCE AND USE OF l
SAID SYSTEM IN THE CITY STREETS, HIGHWAYS AND PUBLIC }
RIGHTS-OF-WAY; REVISING THE DEFINITION OF THE TERM
"PERMITTED USER"; PROVIDING FOR THE INTEGRATION OF THE
LICENSE PREVIOUSLY GRANTED UNDER CITY ORDINANCE
N0. 9494; PROVIDING FOR ACCEPTANCE HEREOF BY MCI
TELECOMMUNICATIONS CORPORATION; 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.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That City of Fort Worth Ordinance No. 9494, on file in the
office of the City Secretary of the City of Fort Worth, is hereby
amended by amending Section 1 thereof in its entirety, and, .
following said amendment, Section 1 of said City Ordinance
No. 9494 shall be and read as follows, to wit:
/ "SECTION 1. PURPOSE
"That the City of Fort Worth (hereinafter the
'City') hereby grants to MCI Telecommunications
Corporation (hereinafter 'MCI') and its successors and
assigns, for a term beginning on the date of passage of
this ordinance and amendment and ending effective
November 1, 2010, a license to acquire, erect, con-
struct, replace, reconstruct, maintain, use and operate
in, over, under, along and across certain streets and
other public rights-of-way of the City (hereinafter the
'public right-of-way') all necessary or desirable wires,
cables, underground conduits, manholes or other struc-
tures or appurtenances (hereinafter the 'facility' or
'facilities' in connection with a long-distance telecom-
munications system or systems (not including cable
television or local exchange telephone service)
belonging to MCI that provides long-distance telecom-
munications service (hereinafter called the 'system'),
subject to the provisions of this ordinance. The only
public right-of-way which MCI shall use pursuant to this
ordinance shall be that portion of the City streets
extending for a length of approximately fifteen thousand
eight hundred twenty one (15,821) linear feet, as
described in Exhibit 'A' herein. Said routes are shown
specifically on Exhibit 'B' attached hereto and incorpo-
rated herein for all purposes incident hereto."
SECTION 2.
That City of Fort Worth Ordinance No. 9494 is hereby further
amended by amending Section 9 thereof in its entirety, and,
following said amendment, Section 9 of said Ordinance No. 9494
shall be and read as follows, to wit:
"SECTION 9. FEE
"A. On or before November 1, 1993, and on or
before November 1 of each year thereafter, for the term
of this Grant of Privilege, MCI shall pay to the City an
annual amount of not less than $1.33 per linear foot of
City-owned right-of-way granted under this ordinance
(for a distance of fifteen thousand eight hundred twenty
one (15,821) feet as shown on Exhibits 'A' and 'B'
hereof), as determined from the engineering plans pro-
vided by MCI to the City in anticipation of this
project. This annual amount, and the payment thereof,
shall represent reimbursement to the City for its costs
in administering, monitoring and regulating the mainte-
nance, use and operation of MCI's facilities installed
in the City's rights-of-way pursuant to this ordinance.
"The above fees shall be adjusted on a percentage basis
and proportionally to the percentage change in the
Implicit Price Deflator for Gross National Product as
determined by the Federal Reserve Bank of St. Louis, at
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one year intervals during the term of this ordinance and
agreement. MCI shall be notified of the adjustment
forty-five (45) days prior to the date said fee is due
under this ordinance.
"This ordinance is intended to grant only to MCI the use
of the public right-of-way in connection with the uses
prescribed hereunder, and any other use of public right-
of-way, including use for previously existing facil-
ities, is not authorized by this ordinance. Further,
the fee payment prescribed herein represents reimburse-
ment to the City for its reasonable costs in adminis-
tering, monitoring and reasonably regulating the mainte-
nance, use and operation of the subject facilities that
are installed in the City's rights-of-way, and are
exclusive of and in addition to all general municipal
taxes of whatever nature, including, but not limited to,
ad valorem taxes and special taxes and assessments for
public improvements.
"B. In addition to the above fee, MCI shall pay to
the City an amount equal to four percent (4~) of the
estimated construction costs to install MCI's facilities
in the City's rights-of-way. Said payment shall repre-
sent payment to the City for all permitting fees and
reasonable inspection costs incurred by the City for the
reasonable regulation, monitoring and inspection of the
installation of the facilities in the City's rights-of-
way. Payment of said fee shall be made on or before the
30th day following the date this ordinance and amendment
is adopted by the Fort Worth City Council and shall be
payable to the City of Fort Worth and delivered to the
Public Utilities Supervisor, City of Fort Worth,
1000 Throckmorton Street, Fort Worth, Texas 76102.
"C.. The fee established in Section 9.A. hereof
shall not be affected by any relocation of MCI facil-
ities required by the City pursuant to this ordinance."
SECTION 3.
That City of Fort Worth Ordinance No. 9494 is hereby further
amended by providing that the term 'Permitted User' appearing in
Section 3 of this ordinance also shall apply to the additional
public right-of-way granted under this amendment, and, to the
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s
extent that said term applies to the additional public right-of-
way, the term 'Permitted User' shall include the City or any
person or corporation or other entity franchised by the City as of
the effective date of this amendment or having an existing use
agreement in those portions of the additional rights-of-way
granted hereunder.
SECTION 4.
That City of Fort Worth Ordinance No. 9494 is hereby further
amended by providing that:
"A. With respect to the system which was orig-
inally installed pursuant to the license granted under
Ordinance No. 9494 (the 'Previous System'), said system
shall remain in operation until such time as the systems
installed under this amendment (the 'New Systems') are
operational. At such time as the New Systems are opera-
tional, then the Previous System, and the license there-
for, shall be integrated into and become a part of the
New Systems and a part of the license granted here-
under."
SECTION 5.
City Secretary Contract No. 9494, as amended, is further
amended by providing that, in the event MCI fails to deliver to
the City the prescribed one-time payment described in Section 9B
of the amended ordinance on or before the 30th day following the
date this amendment is adopted by the Fort Worth City Council,
then this ordinance and amendment shall be null and void and shall
have no force and effect. The signature and date entered herein
below by the City's Public Utilities Supervisor shall constitute
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evidence of the receipt of said payment by the City and the date
of such receipt.
SECTION 6.
Pursuant to Section 2 of Chapter XXV of the Charter of the
City of Fort Worth, and as a condition precedent to the effective-
ness of this amended license, MCI acknowledges, by the signature
hereunder of its duly authorized officer, that it accepts and
agrees to the terms, conditions and provisions of Ordinance
No. 9494, as amended hereunder, thus constituting a contract and
agreement between the City and MCI. This amendment will not
become effective unless accepted and agreed to in writing by MCI,
as herein prescribed.
SECTION 7.
This ordinance shall be cumulative of all provisions of
ordinances and of the Code of the City of Fort Worth ( 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.
SECTION 8.
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, sen-
tence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
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4 ' ~
competent jurisdiction, such 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 in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 9.
That 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 period 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.
SECTION 10.
This ordinance shall be in full force and effect from and
after its passage, publication, written acceptance and agreement
by MCI, and payment of the fee as prescribed in Paragraph 9B
thereof, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date : .S~ ~ O - 4 ~
ADOPTED: ~-''~~ r"'~7~
EFFECTIVE: ~'/g'~
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ACCEPTED AND AGREED TO BY:
MCI TELECOMMUNICATIONS
CORPORATION
By:
SUSCCA~~N C. FRY
Payment of the fee prescribed in Sectioni 9BfeSid nOrdinance
No. 9494, as amended herein, has been received and acccepted by
the Public Utilities Supervisor of the City of Fort Worth this
/G ft, day of 1993.
By : "'~" ~
Danny Ree
Public Utilities Supervisor
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EXHIBIT A
Descri tion of Proposed Fiber Optic Cable Routes in City Streets
Fort Worth to Dallas conduit system extending from a point of
beginning approximately one hundred fifty (150') north easterly
from the intersection of Throckmorton St. and West 7th St.; thence
in a south westerly direction along west 7th St. to a point of
intersection with Lamar St.; thence in a southerly direction on
Lamar St. to a point of intersection with 13th St.; a distance of
approximately one thousand eight hundred fifty (1,850') feet;
thence beginning new construction in a westerly direction on 13th
St. to the junction of Henderson St thence in a southerly
direction on Henderson St. to the Junction of Daggett 5t.; thence
in an easterly direction on Daggett St . to the junction of Main
St.; thence in a southerly direction on Main St. to the junction
of Broadway St.; thence in an easterly direction on Broadway St.
to Southern Pacific Railroad there entering Railroad right-of-way;
thence exiting from the easterly boundary of the Railroad right-
of-way and continuing in an easterly direction along Broadway to
the junction of Kentucky St.; thence in a northerly direction on
Kentucky St. to a junction of Daggett St.; thence in an easterly
direction on Daggett St. to a point approximately one hundred
fifty (150') feet west of a junction of Daggett St. and Tennessee
St.; thence in a northerly direction from said point to the
southerly boundary of the Union Pacific right-of-way and a point
of ending, and consisting of approximately nine thousand eight
hundred seventy seven (9,877') feet.
Fort Worth to Union Pacific conduit system extending for approxi-
mately four thousand and ninety four (4,094') feet; beginning at
the intersection of Henderson St. and Daggett St.; thence in a
southerly direction on Henderson St. to a junction of Peter Smith
St.; thence in a westerly direction on Peter Smith St. to a
junction of Summit Ave.; thence in a southerly direction of Summit
Ave. to a junction of Pennsylvania Ave.; thence in a westerly
direction on Pennsylvania Ave. to the Union Pacific Railroad there
entering the railroad right-of-way.
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f +~1A~ftR FILE 1
ACCOUNTING 2 City of Fort ~ort1~- ~"exaS
iRANSPORTA710N~PUBLIC.WgR(~~•Q
N etER AOMINISIa~a or and Council C;~rmrnunicat~~n
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ENGIN
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-IJAIC RLrLRL1YbG nU19DGrt w~+ ~•^~'~~ -----
05/18/93 ~ G-10170 12MCITEL, 1 of 2
SUBJECT ORDINANCE AMENDING ORDINANCE N0. 9494 BY REVISING THE LICENSE GRANTED TO MCI
TELECOMMUNICATIONS CORP. FOR USE OF CERTAIN CITY STREETS
RECOMMENDATION:
It is recommended that the City Council.
1. Adopt the attached ordinance which amends City Ordinance No. 9494 by revising the
location and number of linear feet permitted for the construction, maintenance and
use of a long distance telecommunications system by MCI Telecommunication Corp.
across, over and 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 October 1, 1985, the Fort Worth City Council adopted City Ordinance No. 9494,
granting to MCI Telecommunications Corp a license to use approximately 1,600 linear
feet of certain City streets and other public rights-of-way for the construction,
maintenance and operation of a long distance telecommunications system. The term of
the license is for twenty-five years from the date Ordinance No. 9494 was adopted.
Because of the proposed relocation of the I-35 overhead, MCI has been notified by the
State that it will be required to relocate a portion of its system running along and
within the State right-of-way. As a result, MCI has requested that the City amend
Ordinance No. 9494 by providing for the granting of additional right-of-way within the
City streets for the necessary relocation of its system. Following installation of the
relocated system, the total right-of-way granted under the license will consist of
approximately 15,821 linear feet. The route of the proposed system is shown on
Exhibit "B" of the attached ordinance.
MCI has agreed to pay the City, at the time the license is approved, a one-time payment
equal to four percent (4%) of the estimated construction costs for installing its
facilities, plus~an annual amount of not less than $1.33 per linear foot of City-owned
right-of-way granted under the license. The annual amount paid to the City will be
adjusted annually on a percentage basis and proportionally to the percentage change in
the Implicit Price Deflator for the Gross National Product as determined by the Federal
Reserve Bank of St. Louis.
By executing the ordinance, MCI agrees that the payments prescribed above represent
reimbursement to the City for its reasonable costs in administering, inspecting,
monitoring and; reasonably regulating the installation, maintenance, and operation of
the MCI facilities located in the City's rights-of-way.
The Department of Law negotiated the revised license and has prepared the attached
ordinance for the City Council's review and approval.
i~ Printed on recycled paper
City of Fort worth, Texas
Mayor and Council C;cr~mnunication
DATE
05/18/93 REFERENCE NUMBER
G-10170 LOG NAME
1~2MCITEL PAGE
2 of 2
SUBJECT ORDINANCE AMENDING ORDINANCE N0.
TELECOMMUNICATIONS CORP. FOR USE 9494 BY REVISING ~fHE LICENSE GRANTED TO MCI
OF CERTAIN CITY STREETS
FISCAL INFORMATION/CERTIFICATION:
The Revenue Office of .the Fiscal Services Department will be responsible for collection
of funds due the City under this ordinance.
WA:a
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by to
APPRQVED
Mike Groomer 6140 CITY CCUhlCIL
Originating Department Head
MAY ~
~ ~~~
Wade Adkins 7623 from '
For Additional Information Ci~ o
Contact Cilq of Fort Worth,'leaae
Wade Adkins 7623 /
Ado ted Ordinance /
~~
Printed on recycled paper