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HomeMy WebLinkAboutOrdinance 11380ORDINANCE N0. ~ Q AN ORDINANCE PROVIDING PROVISIONS PERMITTING AND REGU- LATING THE CONSTRUCTION, MAINTENANCE AND USE OF A LONG DISTANCE TELECOMMUNICATIONS SYSTEM BY SPRINT COMMUNICA- TIONS COMPANY, L.P., ACROSS, OVER AND UNDER CERTAIN STREETS, HIGHWAYS AND PUBLIC RIGHTS-OF-WAY OF THE CITY OF FORT WORTH; 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 SEVER- ABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sprint Communications Company L.P. hereinafter referred to as "Sprint" desires use of certain public rights-of- way within the City of Fort Worth for the purposes set forth below pursuant to the provisions of the laws of the State of Texas, including, but not limited to, Article 1416 V.A.C.S.; and WHEREAS, the Fort Worth City Council has determined that it is appropriate to grant the said license to Sprint; NOW, THERE- FORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: i SECTION 1. PURPOSE That the City of Fort Worth (hereinafter referred to as the "City") hereby grants to Sprint and its successors and assigns, for the full term of twenty-five (25) years from the effective date prescribed by Section 17 of this ordinance, a license to acquire, erect, construct, replace, reconstruct, CItY SECRETARY fT. WORTN; TEX. 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, under- ground conduits, manholes, or other structures or appurtenances (hereinafter the. "facility" or "facilities") in connection with a long distance telecommunications service (hereinafter the "system"), subject to the provisions of this ordinance. The public right-of-way which Sprint shall use pursuant to this ordinance shall be the following as same are encountered on the route shown specifically on Exhibit "A" attached hereto and incorporated herein by reference for all purposes incident hereto: 9th Street 8th Street Summit Avenue Balinger Street So. Lake Street ALLEY CROSSING So. Henderson Street ALLEY CROSSING So. Adams Street Fulton Street ALLEY CROSSING College Street Lipscomb Street Hemphill Street So. Jennings Avenue St. Louis Street Galveston Street So. Main Street Bryan Street Crawford Street Calhoun Street Arizona Avenue Missouri Street ALLEY CROSSING E. Annie Street ALLEY CROSSING E. Bessie Street ALLEY CROSSING E. Broadway Street E. Daggett Street _ OFfIC{~L RfCOPO -2- CITY SECRfrARY ~. WORTN, Tf~, Vickery Blvd. Cobb Street Lancaster Avenue Chambers St. The system will cross or run along approximately 2,045 linear feet of City right-of-way. However, Sprint may require additional right-of-way (which has not yet been determined) along the proposed right-of-way. Upon the determination of such additional right-of-way, additional payments based on a per lineal foot price prescribed in Section 9 hereof shall be made by Sprint to the City. SECTION 2. REGULATION OF CONSTRUCTION The work done by Sprint in erecting, constructing, replacing, reconstructing, maintaining, or repairing the system shall be subject to and governed by all laws, rules, and regulations of the City and State of Texas, that are applicable to insuring the work done does not inconvenience the public in the use of the public right-of-way including, but not limited to the following: A. Prior to construction of any significant changes to the system which will require any digging, cutting or any other such disruption of City right-of-way or City property after the effec- tive date of this ordinance, Sprint shall submit engineering plans to the City for review and approval, pursuant to the standards generally applicable to requests for the privilege to use the public right-of-way, including the City's utility location and coordination policy. Approval of such plans will not be unreason- -3- O~ftC1AL RECORD CITY SECRETARY f T. WORTH, TES. ably delayed, unreasonably withheld or unreasonably denied by the City. B. All excavations and other construction in the streets shall be carried out so as to interfere as little as practicable with the surface use of the streets and sidewalks and with the surface use of private property, in accordance with any lawful and reasonable direction given by or under the authority of the governing body of the City under the police and regulatory powers of the City necessary to provide for public convenience. Sprint shall promptly restore all public right-of-way excavated by Sprint to substantially the same condition as before such excavation and to the reasonable satisfaction of the City. Sprint shall comply with all other construction requirements of the City and its Transportation/Public Works Director with respect to hours of construction operations in peak-busy traffic hours, barricading requirements, and/or any other reasonable construction rules which may be lawfully promulgated. C. Except in an emergency, Sprint shall not excavate any pavement in any public right-of-way or significant amounts of any unpaved public right-of-way without first securing the permission of the City, but such permission shall not be unreasonably delayed, unreasonably withheld or unreasonably denied if the proposed excavation is in accordance with the terms of this ordinance. The City shall be notified as soon as practicable regarding work performed under emergency conditions. oFF~cou. aECOao -4- GiTY SEGR£iARY FT. WORTN, TEX. D. The City shall have the power at any time to order and require Sprint to remove or abate any facility that is dangerous to life or property, and in the event Sprint, after notice, fails or refuses to comply, the City shall have the power to remove or abate same at the expense of Sprint, all without compensation or liability for damages to Sprint. SECTION 3. WORK BY OTHERS The City reserves the right, subject to further conditions described in this paragraph, to lay and permit to be laid, sewer, gas, water, and other pipelines or cables and conduits, and to do and permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the governing body of the City of Fort Worth, in, across, along, over or under any public right-of-way occupied by Sprint, and to change any curb or sidewalk or the grade of any street. In permitting such work to be done, the City shall not be liable to Sprint for any damages so caused, nor shall the City be liable to Sprint for any damages arising out of the performance of said work by the City, its licensees, invitees, contractors or subcontractors; provided, however, nothing herein shall relieve any other person or corporation from liability for damage to the facilities of the system. If the City requires Sprint to remove, alter, change, adapt, or conform its facilities because of changes in the grade of a street or in the location or manner of constructing a water pipe, sewer pipe or other underground or -5- o~cu~ aECO~o CITY SECRETARY Fl'. WORTH, TEX. aboveground structure owned by the City, Sprint shall make the alterations or changes as soon as practicable when ordered in writing by the City, without claim for reimbursement or damages against the City. If these requirements impose a financial hardship upon Sprint, Sprint shall have the right to present alternative proposals for the City's consideration.. Notwithstanding anything to the contrary contained herein, if the City requires Sprint to remove, alter, change, adapt or conform its facilities installed hereunder to enable any other corporation or person ("Non-permitted User"), except the City or any person or corporation or other entity franchised by the City as of August 3, 1993, or having an existing use agreement in those portions of the City streets and rights-of-way described and set forth in Section 1 hereof (hereinafter collectively referred to as "Permitted User") to use, or to use with greater convenience, such ,public right-of-way, it shall be a condition precedent to Sprint's obligation set forth above that such Non-permitted User shall have undertaken with solvent bond to reimburse Sprint for any such loss and expense which will be caused by or arise out of such removal, alteration, change-, adaptation or conformance of Sprint's facili- ties; provided, however, the City shall not be liable for any reimbursement, loss or expense which will be caused by or arise out of such removal, alteration, change, adaptation or conformance of Sprint's facilities. It is expressly understood that, save and except the provi- sions contained in Section 2, Section 3 and Section 9 A. and B. _ 6 _ OFE1CIAt RECORD CIrY SE~Rf rARY FT. woRtH, r~x. herein, no other provision of this ordinance creates an uncondi- tional obligation on the part of Sprint to remove, alter, change, adapt or conform its facilities. SECTION 4. CONSTRUCTION BY ABUTTING OWNERS In the event that the governing body of the City of Fort Worth authorizes abutting landowners to occupy space under the surface of any public right-of-way after the adoption of this ordinance, such grant to abutting landowners shall be subject to the prior rights of Sprint described in this ordinance. SECTION 5. RIGHTS IN THE EVENT OF ABANDONMENT In the event that the governing body of the City of Fort Worth closes or abandons any public right-of-way which contains the facilities of Sprint installed hereunder, any conveyance of land contained in such closed or abandoned street, alley, highway or public place shall be subject to the rights of Sprint described in this ordinance. In the event that any portion of the public right-of-way that includes facilities of the system becomes the subject of condemnation proceedings, it is agreed that Sprint's property rights and interest in such public right-of-way shall be severed from the City's interest in such proceedings and any such condemnation awards shall be specifically allocated between Sprint's interest and the City's interest. The City shall make a diligent effort to notify Sprint within a reasonable time of any condemnation action (or threatened action) filed against the -~- OfflCIAt RECORD cmr sEER~r~R~ FT. WORTH, ~'EK. public right-of-way that affects any facility of the system, or any proposed sale in lieu of condemnation. SECTION 6. Sprint shall indemnify and save and hold harmless the City and all of its officers, agents, and employees from all suits, actions, or claims of any character, style, and description, brought for or on account of any injuries or damages, including death, received or sustained by any person or any property occa- sioned by, arising out of or in connection with the erection, construction, location, replacement, reconstruction, maintenance, repair or operation of Sprint's system; and Sprint will be required to pay any judgment, with costs, which may be obtained against the City arising out of such injury or damage. SECTION 7. RECORDS The governing body of the City of Fort Worth and its Public Utilities Supervisor shall have the right to be kept fully informed as to matters pertaining in any way to Sprint's exercise of its rights under this ordinance, including the erection, construction, location, replacement, reconstruction, maintenance, repair or operation of the facilities of the system in Fort Worth. Sprint shall keep complete and accurate maps, construction drawings and specifications describing the location of facilities of the system in Fort Worth. Maps, construction drawings and specifications kept by Sprint in accordance with this ordinance -8- OFFICIAL RECORD CITY SECRETARY FT. WORTN~ T~. shall provide for separate and specific identification of those facilities of the system that are located in the public right-of- way. Any and all maps, construction drawings, and specifications required by this ordinance shall be kept and maintained within the City limits of Fort Worth. The City shall have the right, at reasonable times, for municipal purposes, to inspect and/or copy such maps, construction drawings and specification, provided, however, that copies of such maps, construction drawings and specifications taken by the City shall be returned to Sprint immediately upon completion of City's use of same. Sprint shall fully cooperate in making available its maps, construction drawings and specifications for inspection. Maps, construction drawings and specifications' required by this ordinance and maintained by Sprint shall not leave the possession of Sprint, subject to the above. SECTION 8. NOTICE Any notice or communication required in the administration of this ordinance shall be sent as follows: City Secretary City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 with copy to: Public Utilities Supervisor City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 OFfiCIAt RECQRD - 9 - C{rif SEGRf T'AR~ fT. WORti~, TES. Notice to Sprint will be to: Sprint Communications Company L.P. Real Estate Acquisition and Administration 9350 Metcalf Avenue Overland Park, Kansas 66212 Attention: Real Property Administration with copy to: Sprint Communication Company L.P. 8140 Ward Parkway Kansas City, Missouri 64114-0417 Attention: General Counsel or to such other address as Sprint may designate from time to time by written notice. SECTION 9. FEE A. For and in consideration of all the rights and privileges granted hereunder, Sprint shall make a one-time payment to the City of Fort Worth in the amount of $76,000. Said payment shall be compensation to the City not only for the rights and privileges granted hereunder, but for all inspection and per- mitting fees associated with the construction and installation of the proposed systems, and for reimbursement to the City of its reasonable costs in administering, inspecting, monitoring and reasonably regulating the installation, maintenance and operation of the Sprint facilities located in the City's rights-of-way. B. This ordinance is intended to grant to Sprint the use of the described public right-of-way only in connection with the uses and routes prescribed hereunder, and any other uses of public right-of-way are not authorized by this ordinance. -lo- OfflCiAl. RECORD ~~ CITY SECRETARY ET. WORTH, T~. C. The fee payment shall be 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, except as hereinafter provided. D. Payment of said fee shall be made on or before the 30th day following the date this 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, or to such other person whom the City may designate by giving written notice to Sprint. In the event Sprint fails to deliver to the City the prescribed one-time payment described in Section 9A of this ordinance on or before the 30th day following the date this ordinance is adopted by the Fort Worth City Council, then this ordinance 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 evidence of the receipt of said payment by the City and the date of such receipt. E. Said fee is based on an estimated total of two thousand forty five (2,045) linear feet of public right-of-way. Within thirty days of the conclusion of this project Sprint shall furnish to the City a certified statement of the actual total linear feet of public right-of-way used, along with a check for additional payment to the City (or a request for refund), said additional payment or refund to be calculated by multiplying the difference -11- Of f ICIA! RECQRD CITY SECRETARY FT. WDRTN, TEX. between. the actual and estimated linear feet of public right-of- way used times $37.16 per linear foot. F. The fee established in Section 9A hereof shall not be affected by any relocation of Sprint facilities required by the City pursuant to Section 3 of this ordinance. SECTION 10. ASSIGNMENT OF RIGHTS The rights- granted by this ordinance inure to the benefit of Sprint and any parent, subsidiary, affiliate or successor entity now or hereafter existing. The rights shall not be assignable without the express written consent of the governing body of the City of Fort Worth, except Sprint may assign its rights under this ordinance to a parent, subsidiary, affiliate or successor entity without such consent, so long as (i) such parent, subsidiary, affiliate or successor assumes all obligations of Sprint here- under, and (ii) is bound to the same extent as Sprint hereunder. Such consent shall not be capriciously or unreasonably withheld, unreasonably delayed or unreasonably conditioned. Any required consent is to be evidenced by an ordinance or resolution of the governing body of the City that fully recites the terms and conditions, if any, upon which consent is given. SECTION 11. LEASING OR DEDICATION OF FACILITIES Sprint, without the consent of the City, shall not lease any of the public right-of-way it uses, in connection with its system, to any non-Sprint company; provided that Sprint shall have the OEf1CIAE RECORD -12- CITY SECRETARY f T. WORTH, TEX. right to lease or dedicate its system or any portion thereof, or otherwise make available the system to other companies in the ordinary conduct of its business as a long distance telecommunica- tions company, so long as Sprint retains responsibility for servicing and repairing the system. Notwithstanding the foregoing, Sprint will not lease any conduit space in the system to any non-Sprint company for the placement of any additional cable without the express written consent of the City. SECTION 12. MISCELLANEOUS The Public Utilities Supervisor, or his duly authorized representative, is the principal City official responsible for the administration of this ordinance, and Sprint recognizes that questions regarding the interpretation or application of this ordinance shall be raised initially with that designated official. SECTION 13. ACCEPTANCE 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 license, Sprint 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 Sprint. This ordinance will not become effective unless accepted and agreed to in writing by Sprint, as herein prescribed. -13- OFRCIAL RECORD CITY SECREPARY FL WORTN, TE1(. SECTION 14. CUMULATIVE PROVISIONS 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. SECTION 15. SEVERABILITY 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 unconsti- tutional by the valid judgment or decree of any court of 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 16. 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 OfflCiAt R ROFC D -14 - C1TY SECH~TARY fT. WORTH, T~, L required by Section 2 of Chapter XXV of the City Charter of the City of Fort Worth. SECTION 17. This ordinance shall be in full force and effect from and after its passage, publication, written acceptance and payment of the fee as prescribed hereinabove, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: puty City Attorney Date: $ - 17- 9 3 ADOPTED : ~ - 14 - 9 3 EFFECTIVE : 9 - is- ~3 ACCEPTED AND AGREED TO BY SPRINT Cv^ NICATIONS COMP Y . P Jame B. Farris Dire~`tor of Real Estate Acquisition and Administration PAYMENT OF ~"'~~;, c>C~D°.= RECEIVED AND ACC PTED BY THE PUBLIC UTILITIES SUPERVISOR OF THE CITY OF FORT WORTH ON THIS I S fh DAY OF S~„~~~t~~,._. , 19 9 3 . .Danny ReeB Public Utilities Supervisor City of Fort Worth -15- required by Section 2 of Chapter XXV of the City Charter of the City of Fort Worth. SECTION 17. This ordinance shall be in full force and effect from and after its passage, publication, written acceptance and payment of the fee as prescribed hereinabove, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: puty City Attorney Date : ~ " ~ 7- `~ 3 p ADOPTED : l~ ' ~ q - ~ 3 EFFECTIVE: ACCEPTED AND AGREED TO BY SPRINT COMMUNICATIONS COMPANY, L.P. gy. James B. Farris Director of Real Estate Acquisition and Administration PAYMENT OF RECEIVED AND ACCEPTED BY THE PUBLIC UTILITIES SUPERVISOR OF THE CITY OF FORT WORTH ON THIS DAY OF , 1993. By: Danny Reed Public Utilities Supervisor City of Fort Worth OFFICIAL RECORD CITY SECRETARY -15- fT. WORTH, TES n IM m S r+- e ~. ' 1 ~'~,P City of Fort Wow tlz, Texi~s • • Mayor and Council Ca~mtnuni~atidn DATE '~ REFERENCE NUMBER LO(; NAME' ~ { PAC3E 08/17/93 "`G-10290 12SPRINT I "' ' a1, of 2 sUa~cT _ORDINANCE~GRANTING TO SPRINT COMMUNICATION COMPANY -L.P 6A LICENSE "iT0'~USE PUBLIC RIGHTS-OF-WAY:°fOR THE~R~ELOCATION OF ITS ~FIBREOPTICS LONG-DISTANCE TELECOMMUNICATION SYSTEM 14~. `''~ ,~~ RECOMMENDATION. ~ : telecommunication system It is ~rec.ommended that the City Council adopt the attached =ordinance which grants to Sprint Communications Co L P a license to use certain streets and public rights-of-way of the City of Fort Worth for the construction, maintenance and use of a fibreoptics long-distance DISCUSSION Due to proposed construction of the I-35 overhead, Sprint is required to relocate a portion of its fibreoptics long-distance telecommunication system which is within the State right-of-way Sprint has requested a license to use certain City rights-of-way to relocate its system The route of the proposed system is shown in Exhibit "A" of the attached ordinance The total estimated right-of-way required consists of a minimum of 2,045 feet of street and alley crossings However, Sprint may require additional right-of-way (which has not yet been determined) along the proposed right-of-way Of course, should Sprint require additional right-of-way, additional payments based on a prescribed per lineal foot price will be made to the City In consideration for the license to use the prescribed City streets and alleys, Sprint has agreed to a one time payment to the City of $76,000 00 based on 2,045 feet of right-of-way The one time payment will be due and payable to the City no later than the 30th day following the date on which the attached ordinance is adopted Within thirty days of conclusion of this project, Sprint will furnish the City a certified statement of the actual total linear feet of public right-of- way used, along with a check (or a request for refund) based on the difference between the actual number of linear feet used and 2,045 feet computed at S37 16 per linear foot These payments are for rights and privileges granted under this ordinance, all inspection and permitting fees associated with the construction and installation of the proposed system, and reimbursement to the City of its reasonable costs in administration, inspecting, monitoring and reasonably regulating the installation, maintenance and operation of the Sprint facilities located in the City's rights-of-way The Department of .Law has negotiated the license and has prepared the attached ordinance for the City Council's review and approval -~ ' .,. f t O~fICIAI RECORD Cn1( SECRETARY fT, WORTH, TEX. =~~ Printed on recycled paper City of Fort Worth, Texas Mayor and Council Communication ~ ~~~~ ~~~~N~~ ~~ Loy N~ ~ ~AaE O~/17/S3 '~'~Cr~1O~9r® 12SPRINT 2 of 2 s~~~c~ ORDINANCE ORANT(NO TO SPRINT COMMUNICATION COMPANY L.P. 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