HomeMy WebLinkAboutORD 1999-030 ORDINANCE NO. 99-30
" " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS, TO ESTABLISH RULES AND
REGULATIONS GOVERNING THE USE OF CITY PUBLIC
RIGHTS-OF-WAY, PROVIDING FOR MUNICIPAL
CONSENT PROCEDURES AND CONSTRUCTION
OBLIGATIONS, PROVIDING A CLAUSE RELATING TO
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Grapevine, Texas (the "City") seeks to facilitate
competition in the provision of Telecommunications Services on a competitively neutral
basis and encourage the availability of such services to all residences and businesses
within the City; and
WHEREAS, in accordance with applicable federal and state laws, the City seeks
to exercise its historical rights to control and manage its Public Rights-of-Way to
receive compensation for their use on a competitively neutral and non-discriminatory
basis; and
� WHEREAS, because the city deems that the public streets, alleys, easements
and other Public Rights-of-Way to be used by the telecommunications service
�,.� providers in the operation of their telecommunications nefinrork(s) within the boundaries
of the City are valuable public properties, the use of which is deemed by the City to be
a valuable property right; therefore, the City finds that the users thereof should pay the
City compensation for the use of the City's Public Rights-of-Way; and
WHEREAS, the City recognizes and finds that continuing changes in the
telecommunications industry, changes in technology and changes in state and federal
law make telecommunications services and providers unique as opposed to other
users of the City's Public Rights-of-Way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
SECTION 1 — FINDINGS AND PURPOSE.
The purpose of this ordinance is to:
(A) Assist in the management of the Public Rights-of-Way in order to minimize the
��"� congestion, inconvenience, visual impact and other adverse effects, and the
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costs to the citizens resulting from the placement of telecommunications
' facilities within the Public Rights-of-Way;
R ° (B) Govern the Provider's use and occupancy of the Public Rights-of-Way;
(C) Compensate City for the private, commercial use and occupancy of the Public
Rights-of-Way by telecommunications providers in a non-discriminatory and
competitively neutral manner;
(D) Assist the City in its efforts to protect the public health, safety and welfare;
(E) Facilitate competition among telecommunications service providers and
encourage the universal availability of advanced telecommunications services to
all residents and businesses of the City; and
(F) Conserve the limited physical capacity of the Public Rights-of-Way held in public
trust by the City.
This ordinance may be referred to as the "Telecommunications Ordinance."
SECTION 2 — GRANTING CLAUSE.
� p7 Subject to the restrictions set forth herein, the City may consent to the non-exclusive
right and privilege to use the Public Rights-of-Way in the City by a provider for the
�,>,�� operation of access lines in a telecommunications system, consisting of both
telecommunication facilities and transmission media. The terms of this Ordinance shall
apply throughout the City and to all operations of the Provider within the City Public
Rights-of-Way, and in the Public Rights-of-Way in any newly annexed areas in
accordance with Section 22 herein. The City does not exercise any authority under
this Ordinance or otherwise over any rights the Provider may have to deliver
telecommunications services, as authorized by the Public Utility Commission of Texas
or the Federal Communications Commission.
SECTION 3 —AUTHORITY; SCOPE.
(A) This Chapter applies to all telecommunications service providers under Title 47,
Chapter 5, Subchapter II of the United States Code (47 U.S.C. § 201 et seq.)
("Title 47") that place transmission media in, on or over Public Rights-of-Way,
excluding services provided solely by means of a wireless transmission. No
Municipal Consent granted under this chapter authorizes the provision of any
services not covered by Title 47. Cable service and open video systems as
defined in Title VI of the Communications Act of 1934 [Title 47, Chapter 5,
Subchapter V-A of the United States Code (47 U.S.C. § 521, et seq.)] and any
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other content service are expressly excluded.
ORD. NO. 99-30 2
(B) The right of a person to apply for or to use City utility infrastructure shall be
� governed by other provisions of the City Code. The granting of a Municipal
Consent under this chapter does not grant attachment rights or authorize the
µ" use of City utility infrastructure without separate written agreement.
SECTION 4— DEFINITIONS.
In this chapter:
(A) Access Line means a unit of ineasurement representing: (1) each switched
transmission path of the transmission media within the Public Rights-of-Way
extended to the end-user customer's network interFace within the City that
allows delivery of telecommunications service; (2) each separate transmission
path of the transmission media within the City's Public Rights-of-Way that
terminates at an end user customer's network interface of each loop provided as
an unbundled network element to a person pursuant to an agreement under
Section 252 of the Federal Telecommunications Act of 1996 (47 U.S.C. § 252);
or (3) each termination point of a non-switched telephone or other circuit
consisting of transmission media connecting specific locations identified by, and
provided to, the end-user for the delivery of non-switched telecommunications
��w� service within the City.
�, (B) Access Line Fee means the amount in Section 11 to be applied to each access
line on a monthly basis for the calculation of the total amount to be paid to the
City by the Provider and/or by any other person using the facilities of Provider -
for the creation of telecommunications service to which this telecommunications
ordinance applies.
(C) Affiliate means a person who controls, is controlled by, or is under common
control with a Provider. Affiliate does not include a person who serves end use
customers by means of a wireless transmission. There is a rebuttable
presumption of control if a Provider owns 25% or more of the affiliate's stock or
assets.
(D) Certificated Telecommunications Utility means any entity that has been
granted or applied for a certificate under Chapter 54 of Tex. Utility Code or other
successor authorizing certificate to provide local exchange telephone service.
(E) City means The City of Grapevine, Texas. As used throughout, the term City
also includes the designated agent of the City.
(F) City Manager means the City Manager of the City or the City Manager's
"�°`� designee.
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ORD. NO. 99-30 3
(G) Direction of the City means all lawful ordinances, laws, rules, resolutions and
*'� regulations of the City that are not inconsistent with this ordinance and that are
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now in force or may hereafter be passed and adopted.
(H) Facilities means any and all of the Provider's duct spaces, manholes, poles,
conduits, underground and overhead passageways and other equipment,
structures, plant and appurtenances and all associated transmission media.
(I) Municipal Consent means the individual grant to use the Public Rights-of-Way
issued by the City and accepted by the individual Providers under this chapter
governing the Provider's use of the Public Rights-of-Way and the payment of
compensation.
(J) Person means a natural person (an individual), corporation, company,
association, partnership, firm, limited liability company, joint venture, joint stock
company or association, and other such entity.
(K) Provider means a person, including any certificated telecommunications utility,
that delivers telecommunications service within the City to person(s) by way of a
network, and that places facilities in, on or over the Public Rights-of-Way. a
Provider does not include persons who are authorized by the City to occupy the
Public Rights-of-Way in specifically approved routes within the City, unless they
also have a Municipal Consent under this chapter. To the extent allowed by
law, Provider also means a person that does not deliver telecommunications
service within the City, but who uses, constructs or maintains facilities or
transmission media within the Public Rights-of-Way.
(L) Public Rights-of-Way means all present and future public streets, highways,
lanes, paths, alleys, sidewalks, boulevards, drives, tunnels, easements or
similar property in the City limits in which the City holds a property interest or
exercises rights of management or control.
(M) Telecommunications Network or Network means all facilities placed in the
Public Rights-of-Way and used to provide telecommunications service to the
public.
(N) Telecommunications Service means the providing or offering to provide
transmissions between or among points identified by the user, of information of
the user's choosing, including voice, video or data, without change in content of
the information as sent and received, if the transmissions are accomplished
through a telecommunications network. Telecommunications service include
ancillary or adjunct switching services and signal conversions rendered as a
function of underlying transmission services, but excludes long distance
transmissions (inter-LATA [Local Access Transport Area] and intra-LATA toll
�� transmissions). Telecommunications Service includes all communications
services capable of being provided over a telephone system and certificated to
ORD. NO. 99-30 4
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telecommunications Providers under the Tex. Utility Code, Title 2, Public Utility
� p Regulatory Act, as amended, and Title II of the Communications Act of 1934, as
amended, expressly excluding cable services or open video systems as defined
�"'"" in Title VI of the Communications Act of 1934, as amended. Also excluded are
"wireless services" as defined by law.
(0) Transmission Media means any and all of the Provider's cables, fibers, wires
or other physical devices used to transmit and/or receive communication
signals, whether analog, digital or of other characteristic, and whether for voice,
data or other purposes.
SECTION 5 — MUNICIPAL CONSENT REQUIRED.
(A) Prior to placing, reconstructing, or altering facilities in, on or over the Public
Rights-of-Way, a Provider must obtain a Municipal Consent from the City.
(B) The use of Public Rights-of-Way for the delivery of any service not covered by
this chapter is subject to all other applicable City requirements.
(C) Any Provider with a current, unexpired consent, franchise, agreement or other
authorization from the City ("Grant") to use the Public Rights-of-Way that is in
effect at the time this telecommunications ordinance takes effect shall continue
to operate under and comply with that grant until the grant expires or until it is
terminated by mutual agreement of the City and the Provider and a Municipal
Consent under this ordinance is granted and in effect.
SECTION 6 —APPLICATION FOR MUNICIPAL CONSENT.
(A) A person must submit an application to the City Manager to initiate the process
to obtain a Municipal Consent.
(B) The application must be on a form prescribed by the City Manager, and it must
include the following:
(1) The identity of the applicant, including all affiliates of the applicant that may
have physical control of the network, to the extent known at the time of the
application,
(2) A general description of the services to be provided initially,
(3) With respect to post-application construction, a route map of the applicant's
proposed network, if any; and
(4) A description of the effect on the Public Rights-of-Way, of any post-
application construction, to the extent known, but not including routine
�� maintenance and construction for additions to existing networks, except as
may be required in Section 17, including:
ORD. NO. 99-30 5
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(a) the location and route required for applicanYs proposed
telecommunications network.
(b) the location of all overhead and underground public utility,
";"'� telecommunication, cable, water, sewer, drainage and other facilities
in the Public Rights-of-Way along the proposed route.
(c) the specific trees, structures, improvements, facilities and
obstructions, if any, that the applicant proposes to temporarily or
permanently remove or relocate.
(5) While not a requirement for the issuance of a Municipal Consent, if
applicable, the applicant shall provide:
(a) Evidence that the applicant holds or has applied for a Public Utility
Commission of Texas Certificate and information to establish that the
applicant will obtain all other governmental approvals and permits
prior to construction.
(b) Certification or other documentation to evidence the Public Utility
Commission of Texas or any other required governmental approval
showing compliance with E911 requirements of Chapters 771 and 772
of the Texas Health and Safety Code on Emergency Communication,
and the Texas Public Utility Council Substantive Rules on
interconnection, particularly Section 23.97(a), (d) and (e) as amended.
(6) Such other and further information as may be reasonably requested by the
City Manager as it relates to the use of the Public Rights-of-Way.
(C) Each applicant shall submit a non-refundable application fee of $850.00 with the
application, with a credit in the amount of $850.00 on its first quarterly payment
due under Section 12.
(D) The City Manager shall review an application submitted under this Chapter and
shall recommend to the City Council that it grant or deny the application. The
City Manager shall make recommendation to the City Council as soon as
practicable, but no later than the next generally scheduled City Council meeting
after the 50th day after a completed application has been filed. Upon mutual
written agreement between the City and the Provider, action on an application
may be postponed for one or more periods not exceeding 30 days each.
(E) Except for delay caused by the applicant, the City Council must take an initial
action on the City Manager's recommendation within forty-five (45) days after
receipt by the Council of the City Manager's recommendation or the City
Manager's recommendation to grant an application shall be deemed approved.
No City Council action is required to confirm a denial recommendation, except
acknowledgement of receipt of the recommendation.
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ORD. NO. 99-30 6
SECTION 7 - MUNICIPAL CONSENT ORDINANCE.
` " (A) If the City Manager finds that the application meets the requirements of this
chapter, the City Manager shall request the City Attorney or Designee to
prepare a Municipal Consent ordinance for the City Council's consideration.
(B) A Municipal Consent ordinance submitted to the City Council must include the
following provisions:
(1) a term of not more than five (5) years for the Municipal Consent;
(2) a requirement that the Provider substantially comply with this chapter;
(3) a requirement that the Provider's Municipal Consent is subject to
termination by the City Council, after notice and hearing, for the Provider's
failure to comply with this chapter or on a showing that the Provider has
breached the terms of the Municipal Consent;
(4) a provision that incorporates the requirements of Section 14 [Transfer] of
this chapter;
(5) a provision that incorporates the requirements of Sections 17 [Construction
Obligations], 18 [Conditions of Public Rights-of-Way Occupancy], and 19
[Insurance Requirements] of this Chapter, if applicable;
(C) Review and approval by the City does not constitute a guarantee of sufficiency
of the design of the telecommunications network. The applicant retains full
responsibility for the adequacy of the design of the telecommunications network.
SECTION 8 — PETITION FOR RECONSIDERATION.
A person whose application for a Municipal Consent is denied, or whose application is
not considered by the City Council within the time allowed in SectiQn 6 of this
ordinance after the City Manager submits a recommendation under Section 7 or whose
Municipal Consent is terminated, may petition the City Council for consideration or
reconsideration before seeking judicial remedies, with a public hearing before City
Council, if requested by Provider, such hearing being no more than 30 days from the
date of the request. A petition for consideration or reconsideration is considered
denied if the City council does not act within 60 days after the petition is filed with the
City Secretary or after the public hearing, if any, whichever is later.
SECTION 9 —ADMINISTRATION AND ENFORCEMENT.
(A) The City Manager shall administer this chapter and enforce compliance with a
Municipal Consent conveyed under this chapter.
(B) A Provider shall report information related to the use of the Public Rights-of-Way
��
that the City Manager requires.
ORD. NO. 99-30 7
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z (C) The City Manager shall report to the City Council upon the determination that a
Provider has failed to comply with this chapter.
'�`°�"`� SECTION 10 —APPLICABILITY.
(A) Sections 17 [Construction Obligations], 18 [Conditions of Public Rights-of-Way
Occupancy] and 19 [Insurance Requirements] of this chapter apply only to a
Provider that constructs, operates, maintains, owns or controls facilities in the
Public Rights-of-Way.
(B) Section 20 [Indemnity] of this chapter applies to a Provider that has a property
interest in a network.
SECTION 11 — COMPENSATION TO CITY.
A Provider shall compensate the City by payment of the fees as provided below:
(A) Access Line Fee Calculation. To compensate the City for the use of the Public
Rights-of-Way, a Provider whose telecommunications network is used to serve
persons in the City shall pay the City a monthly fee to be calculated as provided
below for each access line owned or used by the Provider, as calculated as of
month-end, that is activated for use by an end user customer of the Provider or
��� of another person as a certificated telecommunications utility, by lease or
otherwise, subject to Subsection (F) below or of any other person;
(1) Access Line Fee Calculation Amount:
(a) Following the effective date of the Municipal Consent, a Provider shall
submit to the City Manager on a quarterly basis, a certified statement
by a duly authorized representative of the Provider, together with the
access line fee payment under Section 12, indicating the number of
access lines used to provide telecommunications service at month end,
for each month of the quarter and for each customer type identified
herein. The statement shall be provided on a form prescribed by the
City Manager.
(b) For each month of the quarter following the effective date of the
Municipal Consent, a Provider shall pay an access line fee which is based
upon its number of access lines calculated as follows:
Access Line Fee Monthly Amount Per Access Line
Calculation Amount From Effective Date
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ORD. NO. 99-30 8
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� Type (1) or (2):
}" " Residential $0.85 Per Line
Non-Residential $2.60 Per Line
Type (3):
Private Line
Termination Points $2.60 Per Termination Point
The City Council reserves the right to make reasonable adjustments to the
access line fee, but not to exceed ten percent (10%) in any one year, to be
effective in no less than 180 days from date of the Council action.
Amounts appearing above are used to calculate the total
compensation due the City and are not to be construed as the setting
of a charge for end users.
(To the extent allowed by law, and not at the direction or request of the
City, pursuant to Tex. Utilities Code § 54.206, a Provider has the discretion
to collect the access line fee imposed b the City pursuant to this ordinance
�� through a pro rata charge to the customers in the boundaries of the City,
including from any other persons who are leasing, reselling, rebundling or
otherwise using the Provider's access lines to provide telecommunications
Service).
(For purposes of this Section only, lines terminating at customers with
"Lifeline," "Tel-Assistance," or other service that is required to be similarly
discounted pursuant to state or federal law or regulation for the purpose of
advancing universal service to the economically disadvantaged shall not be
included in the lines upon which the fee is calculated, but Provider shall
provide information on the number of such lines upon request by the City.)
(2) Number of Access Lines. Subject to City's agreement not to disclose this
information unless required by law, Provider agrees to provide as
requested by the City, but no more than once annually, within a reasonable
time after receipt of the City's written request, a report showing the number
of access lines being maintained or operated by Provider that are serving
premises within the City. The City agrees that the report shall be used
solely for the purposes of verifying the number of Provider's Access Lines
serving premises within the City. Upon written request, provider shall verify
the information in the report and, upon reasonable advance notice, all non-
customer specific records and other documents required for such
�"� verification shall be subject to inspection by the City expressly excluding
any records, documents or other writings the disclosure of which is
ORD. NO. 99-30 9
h prohibited by state or federal law, including the Electronic Communications
Privacy Act, 18 U.S.C. § 2701 et seq.
"Y''`� (B) Minimum Annual Fee. Notwithstanding any other provision in this ordinance, for
all new installations of facilities placed in, on or under the Public Rights-of-Way
from the effective date of the Municipal Consent, and for each calendar year
period thereafter, the Provider shall pay the City a minimum annual fee of $250
("Minimum Fee"), in the event the annual access line fee does not exceed $250,
with a credit against the minimum fee from any access line fee paid to the City
during the previous twelve (12) months. Each Municipal Consent shall provide
that the Minimum Fee above may be adjusted once every three (3) years by the
City, but such adjustment shall not exceed $100 in any one three (3) year
period.
(C) Confidential Records. If the Provider notifies the City by a conspicuous written
notation of the confidential nature of any information (including, but not limited
to, the information in paragraph (B) of this section), reports, documents, or
writings, the City agrees to maintain the confidentiality of the information,
reports, documents, or writings to the extent permitted by law. Upon receipt by
the City of requests for the Provider's confidential information, reports,
documents, or writings, the City shall notify the Provider of the request in writing
by facsimile transmission. The City shall furnish the Provider with copies of all
-��� requests for Attorney General opinions pertaining to the Provider's confidential
information, reports, documents or writings. The City shall request an Attorney
�� General's opinion before disclosing any confidential information, reports,
documents or writings and shall furnish the Provider with copies of Attorney
General Opinion Requests as soon as practicable that pertains to the Provider's
confidential information, reports, documents or writings. To the extent
circumstances allow, the City will in good faith attempt to provide reasonable
prior notice to the Provider before the release of any such confidential
information.
(D) No other fees. The payments due hereunder shall be in lieu of any construction,
building or other permit, approval, inspection or other similar fees or charges,
including, but not timited to, all general business permit fees customarily
assessed by the City for the use of the Public Rights-of-Way against persons
operating businesses similar to that of a provider. Further, such access line fee
shall constitute full compensation to the City for all Provider's facilities located
within the Public Rights-of-Way, including interoffice transport and other
transmission media that do not terminate at an end-user customer's network
interface device, even though those types of lines are not used in the calculation
of the Public Rights-of-Way fee. The compensation paid herein is not in lieu of
any generally applicable ad valorem taxes, sales taxes or other generally
applicable taxes, fees, development impact fees or charges or other statutory
�' charges or expenses recoverable under the Texas Public Utility Regulatory Act,
or successor statutes.
ORD. NO. 99-30 10
� (E) Uncollectibles. Any other provision of this agreement notwithstanding, Provider
shall not be obligated to pay the City for any access lines or private line
°'�""' termination points the revenues for which remain uncollectible.
(F) Payments by or Use of the Network by Other Telecommunications Carriers and
Providers.
(1) Direct Payment — Facilities Provided to Other Telecommunications Service
Providers: To the extent allowed by applicable state and federal law, any
telecommunications service providers who purchase unbundled network
elements or other facilities or services for the purpose of rebundling those
facilities and/or services to create telecommunications service for sale to
persons within the City ("Rebundler"), must pay to the City the access line
fee that is calculated as of month end by applying the appropriate access
line fee, as specified in Section 11 above, to each access line created by
rebundling telecommunications service or facilities. Direct payment further
ensures that the access line fee imposed herein can be applied on a non-
discriminatory basis to all telecommunications service providers that sell
telecommunications service within the City. Other provisions of this
ordinance notwithstanding, the Provider shall not include in its monthly
count of access lines any facilities or services provided to other
�:_� telecommunications service providers for rebundling into
telecommunications service, if the telecommunications service provider
who is rebundling those facilities for resale has provided a signed
statement to the Provider that the telecommunications service provider is
paying the access line fees applicable to those rebundled services directly
to the City. If Provider provides a copy of the signed statement to the City
from the rebundler which is acceptable to the City, then Provider is
absolved of all responsibility for the access line fees payable on the
services, unbundled network facilities, and other facilities rebundled for the
creation of telecommunications service for sale within the City by each
such rebundler.
(2) Indirect Payments — Public Rights-of-Way Fee Application to Use of
Network by Others: With respect to any person leasing, reselling or
otherwise using a Provider's access lines, if a Provider believes it does not
have sufficient information to determine the appropriate rate to apply then
the higher access line fee may be applied until such time as the person
using the access lines provides to the Provider sufficient written information
to determine the correct access line fee. If a person provides sufficient
written information for the application of the access line fee, Provider may,
at its discretion and not at the city's request, bill the person on the basis of
the information provided. Provider shall provide to the City any information
��m� regarding the locations to which it is providing service or facilities for use by
another person for the provision of telecommunications service to end user
ORD. NO. 99-30 11
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customers, so long as City first obtains written permission of such other
person for Provider to provide the information to the City. Any other
provision of this ordinance notwithstanding, however, a Provider shall not
�""� be liable for underpayment of access line fees resulting from the Provider's
reliance upon the written information provided by any person who uses
Provider's services or facilities for the provision of telecommunication
service to en user customers.
(G) In no event shall the City be paid by more than one Provider for the same
access line.
SECTION 12 — CITY PAYMENT DUE DATES.
(A) Access Line Fee:
A Provider shall remit the Access Line Fee on a quarterly basis together with the
Certified Statement required in Section 11(A)(1)(a). Payment shall be made on
or before the 45th day following the close of each calendar quarter for which the
payment is calculated and may be paid by wire transfer to an account
designated by the City Manager, the City may impose reasonable late fees of up
to $100 per day for each day late, and not more than 10% per annum, pro rated
on the amount past due.
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(B) Minimum Fee Payment:
This fee per Section 11(B), if applicable, shall be due on January 31 of every
year of the Consent Agreement.
SECTION 13 —AUDITS.
(A) On 45 days notice to a Provider, the City may audit a Provider for a period of
time to the fullest extent allowed by law to ascertain compliance with the
Municipal Consent and/or other provisions of this chapter.
(B) A Provider shall keep complete and accurate books of accounts and records of
businesses and operations that cumulatively reflect the monthly count of all
access lines for a period of four (4) years. The City Manager may require the
keeping of additional records or accounts but only that are reasonably
necessary for purposes of identifying, accounting for, and reporting the number
of access lines used to deliver telecommunication services or for calculation of
the payments due hereunder, and only in the event the usual and customary
records of the Provider do not reasonably provide this information. The City
"�� may examine the Provider's books and records referred to above, expressly
excluding any records, documents or other writings the disclosure of which is
ORD. NO. 99-30 12
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w prohibited by state or federal law, including the Electronic Communications
Privacy Act, 18 U.S.C. §2701 et seq., but only to the extent such records
reasonably relate to providing information to verify compliance with this chapter
'� � and the Municipal Consent.
(C) A Provider shall make available to the City or the City's designated agent
(hereinafter "agent"), for the City or its agent to examine, audit, review and copy,
in the City, on the City Manager's written request, its books and records as
referred to above that pertain to Municipal Consent conditions and requirements
obtained under this chapter. A Provider shall fully cooperate in making records
available and otherwise assist the City examiner. The City examiner shall not
inspect or copy or otherwise demand production of customer specific
information or any records, documents or other writings the disclosure of which
is prohibited by state or federal law, including the Electronic communications
Privacy Act, 18 U.S.C. §2701 et seq.
(D) The City Manager may, at any time, make inquiries pertaining to Provider's
performance of the terms and conditions of a Municipal Consent conveyed
under this chapter. Providers shall respond to such inquiries on a timely basis.
(E) Upon written request by the City Manager, to the extent the documents are
reasonably identified, Providers shall furnish to the City within 30 business days
��� from the date of the written request copies of all public petitions, applications,
written communications and reports submitted by Providers, to the FCC and/or
to the PUC or their successor agencies, relating to any matters affecting the
physical use of City Public Rights-of-Way.
(F) The provisions of this section shall be continuing and shall survive the
termination of a Municipal Consent granted under this chapter and shall extend
beyond the term of the Municipal Consent granted to the Provider, and the City
shall have all the rights described in this section for so long as Provider is
providing any telecommunications service within the City.
SECTION 14— TRANSFER.
(A) No Municipal Consent nor any rights or privileges that a Provider has under a
Municipal Consent, or the Facilities held by a Provider for use under such
Municipal Consent which are in the Public Rights-of-Way, shall be sold, resold,
assigned, transferred or conveyed by the Provider, either separately or
collectively, to any other person, without the prior written approval of the City by
ordinance or resolution. The City's approval shall be based upon the transferee
providing adequate information to the City that it has the ability to perform and
comply with the obligations and requirements of the Municipal Consent. Such
approval shall not be unreasonably withheld. Should a Provider sell, assign,
�� transfer, convey or otherwise dispose of any of its rights or interests under its
Municipal Consent, including such Provider's telecommunications network, or
ORD. NO. 99-30 13
attempt to do so, without the City's prior consent, the City may revoke the
Provider's Municipal Consent for default, in which event all rights and interest of
a��.�
the Provider under the Municipal Consent shall cease.
(B) Any transfer of the Municipal Consent in violation of this Section shall be null
and void and unenforceable. Any change of control of a Provider shatl
constitute a transfer under this Section. However, such a change in control shall
not void the Municipal Consent as to the transferee, unless and until the City
has given notice that such a change in control necessitates compliance with
Section 14. If the Provider does not initiate compliance with Section 14 by a
request for Municipal Consent within thirty (30) days after the above notice has
been given by the City, the Municipal Consent shall be null and unenforceable
as to the transferee.
(C) There shall be a rebuttable presumption of a change of control of a Provider
upon a change of 25% or greater in the ownership of such Provider. Such a
change in control shall be deemed a transfer which requires consent of the City.
(D) A mortgage or other pledge of assets to a bank or lending institution in a bona
fide lending transaction shall not be considered an assignment or transfer.
(E) Every Municipal Consent granted under this Section 14 shall specify that any
� transfer or other disposition of rights which has the effect of circumventing
payment of required access line fees or minimum fees andlor evasion of
payment of such fees by failure to accurately count or report the number of
access lines by a Provider is prohibited.
(F) Notwithstanding anything else in this Section 14, if the city has not approved or
denied a request to transfer under this section at the next Council meeting after
the 60t" day of written notice of such request from the Provider to the City, it
shall be deemed approved. Such time frame may be extended by mutual
agreement of the parties.
(G) Notwithstanding any other provision in this Section 14, a Provider may transfer,
without City approval, the facilities in the Public Rights-of-Way under a Municipal
Consent to another Provider who has a Municipal Consent under this chapter.
The Provider transferring the facilities remains subject to all applicable
obligations and provisions of the Municipal Consent unless the Provider to which
the facilities are transferred is also subject to the same, as applicable,
obligations and provisions. The Provider transferring the facilities must give
written notice of the transfer to the City Manager.
�
SECTION 15 — NOTICES.
(A) The parties shall notify each other, as is provided in the Consent Agreement.
ORD. NO. 99-30 14
, _
(B) A Provider shall given written notice to the City not later than 15 days before a
transfer or change in operations that may affect the applicability of Sections 18
"���`� [Conditions of Public Rights-of-Way Occupancy], 19 [Insurance Requirements],
20 [Indemnity], and 21 [Renewal of Municipal Consent], to the Provider.
(C) Prior to City Council action on amendments to the telecommunications
ordinance, the City will provide 30 days written prior notice to each Provider with
a Municipal Consent, with a general description of such amendments, except as
to amendments which address safety or emergency circumstances, as
reasonably determined by the City.
SECTION 16 — CIRCUMVENTION OF FEE PROHIBITED.
A person may not circumvent payment of access line fees or evade payment of such
fees by bartering, transfer of rights, or by any other means that result in undercounting
a Provider's number of lines. Capacity or services may be bartered if the imputed lines
are reported in accordance with Section 11.
SECTION 17 — CONSTRUCTION OBLIGATIONS.
(A) A Provider is subject to the reasonable regulation of the City to manage its
�� Public Rights-of-Way pursuant to the City's rights as a custodian of public
property under state and federal laws. A Provider is subject to City ordinances
and requirements and federal and state laws and regulations in connection with
the construction, expansion, reconstruction, maintenance or repair of facilities in
the Public Rights-of-Way.
(B) At the City's request, a Provider shall furnish the City accurate and complete
information relating to the construction, reconstruction, removal, maintenance
and repair of facilities performed by the Provider in the Public Rights-of-Way.
(C) The construction, expansion, reconstruction, excavation, use, maintenance and
operation of a Provider's facilities within the Public Rights-of-Way are subject to
applicable City requirements.
(1) A Provider may be required to place certain facilities within the Public
Rights-of-Way underground according to applicable City requirements
absent a compelling demonstration by the Provider that, in any specific
instance, this requirement is not reasonable or feasible nor is it equally
applicable to other similar users of the Public Rights-of-Way.
(2) A Provider shall perform operations, excavations and other construction in
the Public Rights-of-Way in accordance with all applicable City
`�" requirements, including the obligation to use trenchless technology
whenever commercially economical and practical and consistent with
ORD. NO. 99-30 15
r obligations on other similar users of the Public Rights-of-Way. The City
shall waive the requirement of trenchless technology if it determines that
the field conditions warrant the waiver, based upon information provided to
`��� the City by the Provider. All excavations and other construction in the
Public Rights-of-Way shall be conducted so as to minimize interference
with the use of public and private property. A Provider shall follow all
reasonable construction directions given by the City in order to minimize
any such interference.
(3) A Provider must obtain a permit prior to any excavation, construction,
installation, expansion, repair, removal, relocation or maintenance of the
Provider's facilities, as reasonably required by applicable City codes. Once
a permit is issued, Provider shall give to the City a minimum of 48 hours
notice (which could be at the time of the issuance of the permit) prior to
undertaking any of the above listed activities on its network in, on or under
the Public Rights-of-Way. The failure of the Provider to request and obtain
a permit from the City prior to performing any of the above listed activities
in, on or over any public right-of-way, except in an emergency as provided
for in Subsection (10) below, will subject the Provider to a stop work order
from the City and enforcement action pursuant to the City's Code of
Ordinances. If the Provider fails to act upon any permit within 90 calendar
days of issuance, the permit shall become invalid and the Provider will be
« � required to obtain another permit.
�,� (4) When a Provider completes construction, expansion, reconstruction,
removal, excavation or other work, the Provider shall promptly restore the
rights-of-way in accordance with applicable City requirements. A Provider
shall replace and properly relay and repair the surface, base, irrigation
system and landscape treatment of any Public Rights-of-Way that may be
excavated or damaged by reason of the erection, construction,
maintenance, or repair of the Provider's facilities within 30 calendar days
after the completion of the work in accordance with existing standards of
the City in effect at the time of the work.
(5) Upon failure of a Provider to perForm any such repair or replacement work,
and five (5) days after written notice has been given by the City to the
Provider, the City may repair such portion of the Public Rights-of-Way as
may have been disturbed by the Provider, its contractors or agents. Upon
receipt of an invoice from the City, the Provider will reimburse the City for
the costs so incurred within thirty (30) calendar days from the date of the
City's invoice.
(6) Should the City reasonably determine, within two (2) years from the date of
the completion of the repair work, that the surface, base, irrigation system
"�`� or landscape treatment requires additional restoration work to meet existing
standards of the City, a Provider shall perform such additional restoration
ORD. NO. 99-30 16
, _
F work to the satisfaction of the city, subject to all City remedies as provided
herein.
""�`�" (7) Notwithstanding the foregoing, if the City determines that the failure of a
Provider to properly repair or restore the Public Rights-of-Way constitutes a
safety hazard to the public and there is not adequate time to notify the
provider due to the nature of the safety hazard, as reasonably determined
by the City, the City may undertake emergency repairs and restoration
efforts. A Provider shall promptly reimburse the City for all costs incurred
by the City within thirty (30) calendar days from the date of the City invoice.
(8) A Provider shall furnish the City with construction plans and maps showing
the location and proposed routing of new construction or reconstruction at
least fifteen (15) days [subject to Subsection (C)(10) and subsection (D)],
before beginning construction or reconstruction that involves an alteration
to the surface or subsurface of the Public Rights-of-Way. A Provider may
not begin construction until the location of new facilities and proposed
routing of the new construction or reconstruction and all required plans and
drawings have been approved in writing by the City, which approval will not
be unreasonably withheld, taking due consideration of the surrounding area
and alternative locations for the facilities and routing.
� � (9) If the City Manager declares an emergency with regard to the health and
safety of the citizens and requests by written notice the removal or
�,� abatement of facilities, a Provider shall remove or abate the Provider's
facilities by the deadline provided in the City Manager's request. The
Provider and the City shall cooperate to the extent possible to assure
continuity of service. If the Provider, after notice, fails or refuses to act, the
City may remove or abate the facility, at the sole cost and expense of the
Provider, without paying compensation to the Provider and without the City
incurring liability for damages.
(10) Except in the case of customer service interruptions and imminent harm to
property or person ("emergency conditions"), a Provider may not excavate
the pavement of a street or Public Rights-of-Way without first complying
with City requirements. The City Manager or designee shall be notified
immediately regarding work performed under such emergency conditions
and the Provider shall comply with the requirements of City standards for
the restoration of the Public Rights-of-Way.
(11) Within sixty (60) days of completion of each new permitted section of a
Provider's facilities, the Provider shall supply the City with a complete set of
"as built" drawings for the segment in a format used in the ordinary course
of the Provider's business and as reasonably prescribed by the City, and
as allowed by law.
�
ORD. NO. 99-30 17
,
* w (12) The City may require reasonable bonding requirements of a Provider, as
are required of all other entities that place facilities in the Public Rights-of-
�,,�
Way.
(D) In determining whether any requirement under this section is unreasonable or
unfeasible, the City Manager or his/her designee shall consider, among other
things, whether the requirement would subject the Provider or Providers to an
unreasonable increase in risk of service interruption, or to an unreasonable
increase in liability for accidents, or to an unreasonable delay in construction or
in availability of its services, or to any other unreasonable technical or economic
burden.
SECTION 18 — CONDITIONS OF PUBLIC RIGHTS-OF-WAY OCCUPANCY.
(A) In the exercise of governmental functions, the City has first priority over all other
uses of the Public Rights-of-Way. The City reserves the right to lay sewer, gas,
water, and other pipelines or cables and conduits and to do underground and
overhead work, and attachments, restructuring or changes in aerial facilities in,
across, along, over or under a public street, alley or Public Rights-of-Way
occupied by a Provider, and to change the curb, sidewalks or the grade of
streets.
- (B) The City shall assign the location in or over the Public Rights-of-Way among
competing users of the Public Rights-of-Way with due consideration to the public
�;:�� health and safety considerations of each user type, and to the extent there is
limited space available for additional users, may limit new users, as allowed
under state or federal law.
(C) If, during the term of a Municipal Consent, the City authorizes abutting
landowners to occupy space under the surface of any public street, alley, or
Public Rights-of-Way, the grant to an abutting landowner shall be subject to the
rights of the Provider. If the City closes or abandons a public right-of-way that
contains a portion of a Provider's facilities, the City shall close or abandon such
public right-of-way subject to the rights conveyed in the Municipal Consent.
(D) If the City gives written notice, a Provider shall, at its own expense, temporarily or
permanently, remove, relocate, change or alter the position of Provider's facilities
that are in the Public Rights-of-Way within 120 days, except in circumstances
that require additional time as reasonably determined by the City based upon
information provided by the Provider. For projects expected to take longer than
120 days to remove, change or relocate, the City will confer with Provider before
determining the alterations to be required and the timing thereof. The City shall
give notice whenever the City has determined that removal, relocation, change or
alteration is reasonably necessary for the construction, operation, repair,
� maintenance or installation of a City or other governmental public improvement in
the Public Rights-of-Way. This section shall not be construed to prevent a
ORD. NO. 99-30 18
.. . . .. . .. .. . . . .. .... . .. . . .. . . . ... . .. . ... .... .
, Provider's recovery of the cost of relocation or removal from private third parties
who initiate the request for relocation or removal, nor shall it be required if
improvements are solely for beautification purposes without prior joint
��� deliberation and agreement with Provider.
If the Provider fails to relocate facilities in the time allowed by the City in this
section, the Provider may be subject to liability to the City for such delay and as
set forth in the City Codes of Ordinances now or hereafter enacted.
Notwithstanding anything in this Subsection (D), the City Manager and a Provider
may agree in writing to different time frames than those provided above if
circumstances reasonably warrant such a change.
(E) During the term of its Municipal consent, a Provider may trim trees in or over the
rights-of-way for the safe and reliable operation, use and maintenance of its
network. All tree trimming shall be performed in accordance with standards
promulgated by the City. Should the Provider, its contractor or agent, fail to
remove such trimmings within twenty-four (24) hours, the City may remove the
trimmings or have them removed, and upon receipt of a bill from the City, the
Provider shall promptly reimburse the City for all costs incurred within thirty (30)
working days.
� (F) Providers shall temporarily remove, raise or lower its aerial facilities to permit the
moving of houses or other bulky structures, if the City gives written notice of no
less than three (3) business days. The expense of these temporary
rearrangements shall be paid by the party or parties requesting and benefiting
from the temporary rearrangements. Provider may require prepayment or prior
posting of a bond from the party requesting temporary move.
SECTION 19 — INSURANCE REQUIREMENTS.
(A) A Provider shall obtain and maintain insurance in the amounts reasonably
prescribed by the City with an insurance company licensed to do business in the
State of Texas acceptable to the City throughout the term of a Municipal Consent
conveyed under this chapter. A Provider shall furnish the City with proof of
insurance at the time of filing the acceptance of a Municipal Consent. The City
reserves the right to review the insurance requirements during the effective
period of a Municipal Consent, and to reasonably adjust insurance coverage and
limits when the City Manager determines that changes in statutory law, court
decisions, or the claims history of the industry or the Provider require adjustment
of the coverage. For purposes of this section, the City will accept certificates of
self-insurance issued by the State of Texas or letters written by the Provider in
those instances where the State does not issue such letters, which provide the
same overage as required herein. However, for the City to accept such letters,
the Provider must demonstrate by written information that it has adequate
ORD. NO. 99-30 19
. . . . . . .. . . . . .. .. .. . .. .. . . . .... . ... . . . . . . .
financial resources to be a self-insured entity as reasonably determined by the
= City, based on financial information requested by and furnished to the City. The
City's current insurance requirements are described in Exhibit "A" attached
`;',,� hereto.
(B) Provider shall furnish, at no cost to the City, copies of certificates of insurance
evidencing the coverage required by this section to the City.
(C) An insurance certificate shall contain the following required provisions:
(1) Name the City of Grapevine and its officers, employees, board members
and elected representatives as additional insureds for all applicable
coverage;
(2) Provide for 30 days notice to the City for cancellation, non-renewal, or
material change;
(3) Provide that notice of claims shall be provided to the City Manager by
certified mail; and
(4) Provide that the terms of the Municipal Consent which impose obligations
on the Provider concerning liability, duty and standard of care, including the
indemnity section, are included in the policy and that the risks are insured
within the policy terms and conditions.
(D) Provider shall file and maintain proof of insurance with the City Manager during
-. � the term of a Municipal Consent or an extension or renewal. An insurance
certificate obtained in compliance with this section is subject to City approval.
�.� The City may require the certificate to be changed to reflect changing liability
limits. A Provider shall immediately advise the City Attorney of actual or potential
litigation that may develop or may affect an existing carrier's obligation to defend
and indemnify.
(E) An insurer has no right of recovery against the City. The required insurance
policies shall protect the Provider and the City. The insurance shall b e primary
coverage for losses covered by the policies.
(F) The policy clause "Other Insurance" shall not apply to the City if the City is an
insured under the policy.
(G) The Provider shall pay premiums and assessments. A company which issues an
insurance policy has no recourse against the City for payment of a premium or
assessment. Insurance policies obtained by a Provider must provide that the
issuing company waives all right of recovery by way of subrogation against the
City in connection with damage covered by the policy.
SECTION 20 — INDEMNITY.
'�"� (A) Each Municipal consent granted under this telecommunications ordinance shall
contain provisions whereby the Provider agrees to promptly defend, indemnify
ORD. NO. 99-30 20
. . . . . . . . .. . . .. . . . . ... . . ... . . . .
and hold the City harmless from and against ali damages, costs, losses or
expenses (i) for the repair, replacement, or restoration of City's property,
equipment, materials, structures and facilities which are damaged, destroyed or
'�M� found to be defective solely as a result of the Provider's acts or omissions, (ii)
from and against any and all claims, demands, suits, causes of action and
judgments for (a) damage to or loss of the property of any person (including, but
not limited to the Provider, its agents, officers, employees and subcontractors,
City's agents, officers and employees, and third parties); and/or (b) death, bodily
injury, illness, disease, loss of services, or loss of income or wages to any person
(including, but not limited to the agents, officers and employees of the Provider,
Provider's subcontractors and a City, and third parties), arising out of, incident to,
concerning or resulting from the negligent or willful act or omissions of the
Provider, its agents, employees, and/or subcontractors, in the performance of
activities pursuant to such Municipal Consent.
(B) No Municipal Consent indemnity provision shall apply to any liability resulting
from the negligence of the City, its officers, employees, agents, contractors, or
subcontractors.
(C) The provisions of the required indemnity provision set forth in an individual
Municipal Consent shall provide that:
��� (1) It is solely for the benefit of the parties to the Municipal Consent and is not
intended to create or grant any rights, contractual or otherwise, to any other
. person or entity;
(2) To the extent permitted by law, any payments made to, or on behalf of the
City under the provisions of this section are subject to the rights granted to
Providers under Sections 54.204 — 54.206 of the Texas Utilities Code; and
(3) Subject to the continued applicability of the provisions of Sections 54.204 —
54.206 of the Texas Utilities Code, as set forth in (2) above, the provisions
of the indemnity shall survive the expiration of the Municipal Consent.
(D) The City shall advise the Provider as soon as practicable, in writing, of actual or
potential litigation that may give rise to any Provider's obligation to defend and
indemnify under this section. Failure to comply with this notice requirement shall
not be deemed a waiver by the City to require such indemnification.
SECTION 21 — RENEWAL OF MUNICIPAL CONSENT
A Provider shall request a renewal of a Municipal Consent by making written application
to the City Manager at least 90 days before the expiration of the consent.
SECTION 22 —ANNEXATION; DISANNEXATION.
�� Within thirty (30) days following the date of the passage of any action affecting the
annexation of any property to or the disannexation of any property from the City's
ORD. NO. 99-30 21
... .. . . . . .. . . ... .. .. . .. . .. . . ... .. .. .. . . . . .
j corporate boundaries, the City agrees to furnish Provider written notice of the action and
an accurate map of the City's corporate boundaries showing street names and number
details. For the purpose of compensating the City under this ordinance, a Provider shall
��F� start including or excluding access lines within the affected area in the Provider's count
of access lines on the effective date designated by the Comptroller of Public Accounts —
Texas for the imposition of state local sales and use taxes; but in no case less than
thirty (30) days from the date the Provider is notified by the City of the annexation or
disannexation.
SECTION 23 — SEVERABILITY.
The provisions of this ordinance are severable. However, in the event this ordinance or
any tariff that authorizes the Provider to recover the fee(s) provided for this ordinance or
any procedure provided in this ordinance or any compensation due the City under this
ordinance becomes unlawful, or is declared or determined by a judicial, administrative
or legislative authority exercising its jurisdiction to be excessive, unrecoverable,
unenforceable, void, illegal or otherwise inapplicable, in whole or in part, or is
exchanged for another means of compensation under higher authority, the Provider and
City shall meet and negotiate a new agreement that is in compliance with the authority's
decision or enactment. Unless explicitly prohibited, the new agreement shall provide
the City with a level of compensation comparable to that set forth in this ordinance as
long as the agreed to compensation is recoverable by the Provider in a manner
j permitted by law for the unexpired portion of the term of this ordinance.
�
SECTION 24— GOVERNING LAW.
This ordinance shall be construed in accordance with the City Code(s) in effect on the
date of passage of this ordinance to the extent that such code(s) are not in conflict with
or in violation of the Constitution and laws of the United States or the State of Texas,
subject to the City's ongoing authority to adopt reasonable regulations to manage its
Public Rights-of-Way, pursuant to Sections 17 and 18 or as otherwise provided by law.
Municipal Consents entered into pursuant to this ordinance are performable in Denton,
Tarrant, and Dallas County, Texas.
SECTION 25 — TERMINATION.
(A) The City shall reserve the right to terminate any Municipal Consent and any
rights or privileges conveyed under this chapter in the event of a material breach
of the terms and conditions of the Municipal Consent or of this chapter, subject to
a thirty day written notice and the opportunity to cure the breach during that thirty
day period.
(B) Material breaches of a Municipal Consent specifically include, but are not limited
�� to, continuing violations of Sections 11 [Compensation to City], 17 [Construction
Obligations] and/or 18 [Conditions of Public Rights-of-Way Occupancy], and the
ORD. NO. 99-30 22
furnishing of service of any kind that requires municipal authorization but that is
� not authorized by Section 3(A).
`��" (C) A material breach shall not be deemed to have occurred if the violation occurs
without the fault of a Provider or occurs as a result of circumstances beyond its
control. Providers shall not be excused from performance of any of their
obligations under this chapter by economic hardship, nor misfeasance or
malfeasance of their City Managers, officers or employees.
(D) A termination shall be declared only by a written decision by motion, resolution or
ordinance of the City Council after an appropriate public proceeding before the
City Council, which shall accord the Provider due process and full opportunity to
be heard and to respond to any notice of grounds to terminate. All notice
requirements shall be met by giving the Provider at least fifteen (15) days prior
written notice of any public hearing concerning the proposed termination of its
consent. Such notice shall state the grounds for termination alleged by the City.
SECTION 26 — UNAUTHORIZED USE OF PUBLIC RIGHTS-OF-WAY.
(A) Any person seeking to place facilities on, in or over the Public Rights-of-Way,
City property, City structures, or utility infrastructure shall first file an application
for a Municipal Consent with the City and shall abide by the terms and provisions
�:��� of this ordinance pertaining to use of the Public Rights-of-Way and pay the fees
specified herein.
� ,
(B) The City may institute all appropriate legal action to prohibit any person from
knowingly using the Public Rights-of-Way unless the City has consented to such
use in accordance with the terms of this chapter and with a Municipal Consent.
(C) Any person using the Public Rights-of-Way without a Municipal Consent shall be
liable for the same fees an charges as provided herein.
SECTION 27 — EFFECTIVE DATE.
This telecommunications ordinance takes effect from and after the date of its second
and final passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ON FIRST READING ON THIS THE 16th DAY OF FEBRUARY,
1999.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ON SECOND AND FINAL READING ON THIS THE 2nd DAY OF
��� MARCH, 1999.
�
ORD. NO. 99-30 23
APPROVED:
, , � � �
William D. Tate
Mayor
ATTEST:
� J � ,
. .�,
Lin a Huff
City Secretary
APPROVED AS TO FORM:
,�
�� �
Stan towry
City Attorney
�
ORD. NO. 99-30 24
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�X!�IIBIT� TO �
il Page _..L_ of �_
��
EXHIBIT A
To Telecommunications Ordinance
Insurance Requirements, per Section 19.
(1) Providers shall obtain and maintain in full force and effect throughout the term of
the Municipal Consent insurance in accordance with Section 19 of the
Telecommunications Ordinance, with an insurance company licensed to do
business in the State of Texas and acceptable to the City as determined by its
representative. All companies will be required to be rated A-VI or better by A. M.
Best or A or better by Standard & Poors. Providers shall furnish the City with
proof of such insurance so required at the time of filing the acceptance of the
t�� Municipal Consent. The City reserves the right to review these insurance
requirements during the effective period of any Municipal Consent, and to
��� reasonably adjust insurance coverage and their limits when deemed necessary
and prudent by the City's Risk Manager, based upon changes in statutory law,
court decisions, or the claims history of the industry or the Provider.
(2) Subject to Provider's right to maintain reasonable deductibles in such amounts
as are approved by the City representative, Providers shall obtain and maintain
in full force and effect for the duration of any Municipal Consent, at Provider's
sole expense, insurance coverage in the following type and minimum amounts.
COMPREHENSIVE GENERAL LIABILITY
This insurance shall be an occurrence type policy written in comprehensive form and
shall protect the Provider and any subcontractors and the additional insured against all
claims arising from bodily injury, sickness, disease or death of any person other than
the provider's employees, or damage to property of the City of Grapevine or others
arising out of the act or omission of the provider or any subcontractors or their agents,
employees or subcontractors. This policy shall also include protection against claims
insured by usual personal injury liability coverage, a (protective liability) endorsement to
insure the contractual liability assumed by the provider and any subcontractors under
the article entitled indemnification and completed operations, products liability,
�� contractual liability, broad form property coverage, xcu, premises/operations, and
independent contractors.
ORD. NO. 99-30 25
_
EXM181T�GL TO 1d��1�::�—
P��e � af �—
Bodily Injury $1,000,000 per occurrence
� f Property Damage $2,000,000 aggregate
,g..,:�
COMPREHENSIVE AUTOMOBILE LIABILITY
This insurance shall be written in the comprehensive form and shall protect the provider
and any subcontractors and the additional insured against all claims for injuries to
members of the public and damage to property of others arising from the use of motor
vehicles, and shall cover operation on and off the site of all motor vehicles licensed for
highway use, whether they are owned, non-owned or hired. The liability shall not be
less than:
Bodily Injury
Property Damage $1,000,000 Combined Single Limit
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
This insurance shall protect the provider and any subcontractors and the additional
insured against all claims under applicable state workers' compensation laws. The
��� insured shall also be protected against claims for injury, disease or death of employees
which, for any reason, may not fall within the provision of a workers' compensation law.
,��� This policy shall include an all states endorsement. The liability limits shall not be less
than:
Workers Compensation Statutory
Employers' Liability $500,000
The attached Rule 28 TAC 110.110 relating to REPORTING REQUIREMENTS FOR
BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENTAL ENTITIES;
must be included specifications for all building or construction contracts. Texas Worker
Compensation Commission Rules 28 pages 1 through 7 are included for use on all
contracts.
�
ORD. NO. 99-30 26