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Home My WebLink AboutORD 2003-043 ORDINANCE NO. 2003-43 � T' � , ` , � �� AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, - ' � '� � � �' � GRANTING A REVOCABLE LICENSE TO OPRYLAND - '' Q HOTEL – TEXAS LIMITED PARTNERSHIP TO OCCUPY; .:._: :; � MAINTAIN AND UTILIZE CERTAIN PUBLIC RIGHTS-4F- �—---- �`A` WAY WITHIN THE LIMITS OF THE CITY OF GRAPEVINE - . FOR THE PURPOSE OF THE INSTALLATION AND MAINTENANCE OF PRIVATE TELECOMMUNICATIONS �� SYSTEM; PROVIDING FOR THE TERMS AND CONDITIONS t': OF THIS LICENSE; PROVIDING A SAVINGS CLAUSE, - n�ri n�in�r� nni �nnco��r�v nnin or�n�iinini� nni v`viLi u ��v . u� `�r�L:�v�i .� i i u�u i � ♦v r �✓��v i�s�• ..... EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF GRAPEVINE, TEXAS: Section 1. That a revocable License, subject to the terms and conditions of this ordinance, is hereby granted to OPRYLAND HOTEL –TEXAS LIMITED PARTNERSHIP hereinafter referred to as "Licensee," to occupy, maintain and utilize for the purpose set out herein, in, on, above or below the subsurface space of certain public rights-of-way of " = Grapevine, Texas (the "City"), within the limits of the dedicated rights-of-way of said streets and alleys shown on EXHIBIT "A" attached hereto and incorporated herein. ��x� Section 2. That this License is granted for an indefinite term, unless terminated according to other terms and provisions herein contained. Section 3. (a) That there is hereby granted, to Licensee, for an indefinite term, from passage of this revocable License ordinance (hereinafter referred to as the "License") (unless otherwise terminated as provided for herein), the non-exclusive right and privilege to have, acquire, construct, expand reconstruct, and maintain in, along, across, 11..ra......L. ..1 ,.�..rl 4.1:_, l.._ L� 1l....__ 1 .• I..A.� + vi u n vuyi�, cai iu ui iuci � c j�i.iun.. 3�i Cc�s, diiCy�, ai ii] i iyi i�a-U�-w�ly c�l it�e i.iiy, dS SilOWtl Otl EXHIBIT "A", a Telecommunications Network(the "Network"). Licensee may not operate or use the Network in any manner without the express written consent and agreement of the City and shall not allow any other person or entity the use of the Network in any manner. (b) The City and the Licensee agree that this License does not permit the Licensee to use the Network as a telecommunications provider and the Licensee agrees that it is not the intent of the Licensee to be a telecommunications provider. In the event Licensee does desire to provide telecommunications services, it shall provide written notice to the City in advance of undertaking such services. The Licensee further agrees that it will allow no other person or entity to buy capacity in or �;� to use the Network in any manner, except by sale to such person or entity a portion or �,�_: component of the Nefinrork ("Nefinrork Elements"), which may be one or more fiber strands, or conduit space, but always in such a manner that the person or entity who is purchasing � such Network Elements will own and have control over the physical facilities in the public ; ,; 7 rights-of-way in such a manner that they will be lawfully required to have express consent F;s; � from the City to own or operate such Nefinrork Elements. Licensee shall verify with the City :: p that such a person or entity has a franchise or consent to use the rights-of-way prior to allowing that person or entity to purchase and use in any manner the Network. `�:.r �-� Section 4. That the License hereby granted is subject to the following terms and �.::: conditions: �-� (a) All facilities of the Licensee which are designed and installed _ within City rights-of-way shall be in accordance with the City Code of rlr.-li.,n..�n.� nnrJ +ho r�ryo ejrc�'y�cr+4c nf 1Thc (`i��i'c R;nh±_�f_\A/��i /R(1�/Il`/1 \J14nIN1:VLJ N�t�A l�iV �L...�u��VliiVfi�J tl�'v .�y� .wj �:i�vj'. � - Management Ordinance and the Tree Preservation Ordinance. All portions of the Network and any other facilities installed or maintained by the Licensee shall be placed underground. (b) The Licensee shall obtain a permit from ti�e Engineering Department of the City prior to commencing any construction, reconstruction or maintenance pursuant to the requirements of ROW ordinance. � ° Section 5. That this License is granted subject to the following conditions, terms and reservations: �,;..� (a) That at such time as this License is terminated or canceled for any reason whatsoever, the Licensee, upon orders issued by the City, acting through its City Manager or designee, shall remove all installations, improvements and appurtenances owned by it situated in, under or attached to the Licensed area, and shall restore the premises to their former condition, normal wear and tear excepted, in accordance with the reasonable requirements of the City Manager at the sole cost of Licensee. In the event, �.rivi i �vi�iiii iuiivi� ar'.i� i1ii.�7 �it"..i:i:jL� �iv ^� i�`r II �,.'I t . } �Gn'rIrJG �G�i �Gil V Iv1�IVvC �t.�. installations, improvements and appurtenances and to restore the Licensed area in compliance with orders issued by the City, or such work is not done to the reasonable satisfaction of the City Manager, then in either event the City shall have the right to do all work necessary to restore said area to its former condition, normal wear and tear excepted, or cause such work to be done, and to assess the cost of all such work against Licensee; in neither event shall the City be liable to Licensee on account thereof. (b) The License is nonexclusive and is made to expressly subject and subordinate to the right of the City to use the Licensed area for any . public purpose. The governing body of the City rese,-ves the right at any time to unconditionally revoke this License, at will, by resolution duly passed by �. � said governing body, giving Licensee not less than one hundred eighty(180) ORD NO. 2003-43 2 , days notice of said revocation. Upon passage of said resolution, all rights � granted hereunder shall thereupon be considered fully terminated and canceled and the City shall not be held liable by reason thereof. Said � ;: 7 resolution shall be final and shall not be subject to review by the courts. G;? p Licensee shall have the right of cancellation upon giving the City sixty (60) �-� � days written notice of its intention to cancel, and in the event of termination or cancellation by the City or Licensee, as the case may be, this License shall become null and void and Licensee or anyone claiming any rights under `�" this instrument shall remove any improvements and encroachments from said area at Licensee's expense. Failure to do so shall subject Licensee to ' � the provisions contained in Subsection (a) above. All work shall be done at � � the sole cost of Licensee and to the reasonable satisfaction of the City z,a 1lilnn�ncr nf±�►c (`.i�� nr }'�jc �gClr'!l1PP »...wy,. . ,, .;,. . (c) It is further understood that if and when the City, in the exercise of its discretion, shall determine that the grade of any street, alley, sidewalk or parkway should be modified or changed, or that any other work should be done in connection with any public improvement which will affect the Licensed area, and/or any of Licensee's installations and improvements thereon, any modifications or changes in construction or reconstruction of any public improvements attributable to Licensee's use of the Licensed area and/or its installations and improvements thereon, shall be made at the sole expense of Licensee and to the reasonable satisfaction of the Public Works Department of the City. ��,:� (d) INSURANCE. Agents of Licensee that perform construction or maintenance in the public rights-of-way, shall obtain and maintain in full force and effect throughout the term of this License, and any extension or renewal thereof, insurance (general liability, worker's compensation, etc) pursuant to the requirements of the ROW Ordinance. (e) INDEMNIFICATION (1) As a condition hereof, Licensee agrees and is bound to indemnify, defend, and hold the City whole and harmless as required by the ROW Management Ordinance. (2) This License is subject to any existing utilities or communication facilities, including drainage, presently located within the Licensed area, owned and/or operated by the City or any utility or communications company, public or private, and to any vested rights presently owned by any utility or communications company, public or private, for the use of the Licensed area for facilities presently located within the boundaries of said Licensed area. It is the intent of the foregoing that this permission herein is made expressly subject to the utilization of the Licensed �....� area for communication and utility purposes, both pubi�c and private, ORD NO. 2003-43 3 , , including drainage, over, under, through, across and along the hereinabove described rights-of-way. No buildings shall be constructed or placed upon, 1 over or across the Licensed area in such a manner as to interfere with the �;:� 7 operation of any utilities and communication facilities. All and any :;; � communication companies and utilities, both public and private, shall have �:.-� the right to remove and keep removed all or parts of any buildings which may � in any way endanger or interfere with the construction, maintenance or ' �' efficiency of its respective systems within the Licensed area, and all ;�� communication companies and utilities, both public and private, shall at all :,;;" times have the full right of ingress and egress to or from and upon the said � Licensed area for the purpose of constructing, relocating, inspecting, patrolling, maintaining and adding to or removing all or part of its respective �y�±o.;�� „�;±h��t ±ho n��it� �t ��,� time of r�rocuring the permission of �-:F anyone. Section 6. That the License granted hereby shall not become effective until and unless the Licensee files an acceptance, in writing, to the terms and conditions of this ordinance with the City Secretary of the City. In the event said acceptance in writing is not filed within six (6) months after passage of this ordinance as provided herein, then this ordinance shall be no further effect and shall be considered as having been canceled fully. Section 7. That the terms and conditions contained in this License shall be ° binding upon Licensee, its successors and assigns. *��-� Section 8. That this License may not be assigned without prior written approval from the City Manager, or his designee, which consent shall not be unreasonably withheld. Such assignment shall recite that it is subject to the terms, restrictions, and conditions contained in this ordinance. The assignee shall deliver a copy of this assignment, along with the assignee's written acceptance of the provisions of this ordinance to the City Secretary within ten (10) days of such assignment. Should Licensee fail to obtain prior approval for assignment of this License or fail to provide the City with the required written acceptance and a copy of the assignment, the City Manager may terminate this License. Section 9. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recording in the Deed Records of Tarrant County, Texas, which certified copy shall be delivered to the City Manager, or his designee. Upon receipt of the acceptable certificate of insurance, the City Manager, or his designee, shall deliver to Licensee the certified copy of this ordinance. The City Manager, or his designee, shall be the sole source for receiving certified copies of this ordinance one (1) year after its passage. Section 10. If any section, subsection, sentence, cause, phrase, term, provision, condition, covenant or portion of this License ordinance is for any reason held invalid or , unenforceable by any court of competent jurisdiction, the remainder of this License ordinance shall not be affected thereby but shall be deemed as a separate, distinct and �,.y. independent provision, and such holding shall not affect the validity of the remaining ORD NO. 2003-43 4 . portions hereof, and each remaining secti�n, subsection, sentence, clause, phrase, term, provision, condition, covenant and portion of this License ordinance shall be valid and � enforceable to the fullest extent permitted by law. 7 ;x:_ � Section 11. All notices required or permitted to be given to either party by the other €';;; �0 party under any provisions of this License shall be in writing and shall be deemed served: ��; (a)When delivered by hand or by Federal Express or similar service to that party's address set forth below during normal � -_ business hours; or �:; (b) When mailed to any other person designated by ��t Nu�±y ;n �,,�rj��r{�r, ho�-oin tn �-ercil�� S!.!Ch nOtICS; via certified mail, _ return receipt requested. Notice shall be given to the following: If to City: City Manager, City of Grapevine 200 South Main St./P.O. Box 95104 Grapevine, Texas 76051 / 76099 If to Licensee: OPRYLAND HOTEL —TEXAS LIMITED PARYNERSHIP ` � David Breeding, VP, Design and Construction 1 Gaylord Drive � $ Nashville, TN 37214 Section 12. That this ordinance shall take effect from and after its passage and at such time as OPRYLAND HOTEL — TEXAS LIMITED PARTNERSHIP submits written acceptance, which written acceptance shall be attached to this ordinance and labeled Exhibit "B". Section 13. The fact that the present ordinances and regulations of the City of �r��?evinp, Texas, are inadeauate to properly safequard the health, safety, morals, peace, and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of July, 2003. APPROVED: �� ..� -- William D. Tate Mayor ORD NO. 2003-�+3 5 1 `��} � ,:,, U ATTEST: _ e'> ;,_ . C7�i��c4 �=• Linda Huff � City Secretary f..:' APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney �,,. � ORD NO. 2003-43 6 � � EXHIBIT.� TO��oo� -¢.3 . � Page _.L_. Ot _�..— �-' �� : � # c _� EXHIBIT «A„ � � � � 7 x. a � � • � �/.: ,,. E ` � ��' � '' �� . � � �-- � �; � � � � �� . - .. -4. � G�; .�� ; � }: . �� , � �� , � �^: , . � ��,, '; �� ; I � �� J �:� � � ti..:� � �� .� � � � .. �.� � � � �� we� , r � �.��. �� J'�. � ..-.�F"°'.�- 3 . .. . . . �•- y.,,..�;,' ^-':x � C�''� :r� ,.' � � ," � f �� , '`� � � �� i��1�'�� _� � ., �� ... . �,�� .�.,,� ,�`��1� �` �--�` `�-� � �. �. �.� �. � : � . -� � �� . rr �. •y" � Y��t , ' . , � �-� l-= �� Y : � � � ` �`� �� o � � � ' s �� _� �� -- � � J� j , L �� e ;�.� ��;,,�,� y� � � � �.;,:� ---�-......�,. �-`l �. .� ,�I T� I�' �. ' �f�' r i � � EXHIBIT� TO 3 Page __.L_�.. of �.._1_.:.— Exhibit "B" to ROW License :.�a� � Page 1 of 1 — OPRYLAND .:f„'f � HOTEL —TEXAS LIMITED �_;; � PARTNERSHIP �'�� P - EXHIBIT "B" t = ;;.;,� �"` ACCEPTED: :c��,i ��./��4�—� �Vv—'C�GNV{,f/' �:,: :d R:s� €�� OPRYLAND HOTEL —TEXAS LIMITED PARTNERSHIP Name: David Breeding Title: VP, Design and Construction Date of Acceptance: d� ' 21 '�J �� „e� ORD NO. 2003-43 7 . . . �. , * Y �w � ��i �;.:3 ��' D203276875 -.... CITY OF GRAPEVINE - POB 95104 PUBLIC WORKS GRAPEVINE TX 76051 ':€�::: � -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y k : I N D E X E D -- T A R R A N T C O U N T Y T E X A S S U Z A N N E H E N D E R S O N -- COLTNTY CLERK O F F I C I A L R E C E I P T T O: CITY OF GRAPEVINE-PUBLIC WORKS RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 203454846 DRSF TB 07/31/2003 13 :13 � � INSTRUMENT FEECD INDEXED TIME RECVD 1 D203276875 WD 20030731 13 : 13 CG T O T A L : DOCLTMENTS: Ol F E E S: 23 . 00 B Y: �_-- ____------ ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE LJNDER FEDERAL LAW. ��