HomeMy WebLinkAboutORD 1999-068 ORDINANCE NO. 99-6s
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS, GRANTING A MUNICIPAL
CONSENT AGREEMENT WITH GTE SOUTHWEST, INC.
TO PROVIDE TELECOMMUNICATIONS SERVICES
WITHIN THE CITY OF GRAPEVINE; PROVIDING FOR
ACCEPTANCE; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City of Grapevine ("City") seeks to facilitate competition in the
provision of Telecommunications Services on a competitively neutral basis and to
encourage the availability of such services to all residences and business within the
City; and
WHEREAS, the City, pursuant to federal law and state statutes, may consent to
one or more non-exclusive agreements to construct and maintain a
Telecommunications Network in the public rights-of-way within the municipal boundaries
of the City; and
WHEREAS, the City adopted Ordinance No. 99-30 ("Telecommunications
����=-* Ordinance") which establishes the rules and regulations governing the use of City public
rights-of-way by providers of telecommunications services, sets fees for the use of City
public rights-of-way, and provides for the Municipal Consent procedures and
construction obligations; and
WHEREAS, GTE Southwest, Inc ("Provider") is now and has been engaged in
the telecommunications business in the State of Texas; and
WHEREAS, Provider has applied for a Municipal Consent Agreement with the
City to maintain, operate and construct its physical plant in the public rights-of-way
within the City and said application has been reviewed and approved by staff.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated in the preamble are found to be true and
correct and are included herein as if copied in their entirety.
Section 2. That the City Council of the City of Grapevine hereby approves the
{��;.� Municipal Consent Agreement with Provider for a period of three (3) years.
A�#�1
Section 3. That the Municipal Consent to Use the Public Rights-of-Way
Agreement is attached as Exhibit "A".
Section 4. That the Mayor is authorized to execute the Municipal Consent
Agreement on behalf of the City.
Section 5. That the Provider shall have thirty (30 days from and after the
passage and approval of this ordinance to file its written acceptance thereof with the
City Secretary, and after such acceptance is filed, this ordinance shall take effect and
be in force from and after July 1, 1999.
Section 6. That all other ordinances and agreements and parts of ordinances
and agreements in conflict with the provision of this ordinance are hereby repealed.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on first reading on this the 23rd day of March, 1999.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on second reading on this the 4th day of May, 1999.
APPROVED:
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William D. Tate
ATTEST: Mayor
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Lind Huff
City Secretary
APPROVED AS TO FORM:
Stan Lowry
City Attorney
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ORD. NO. 99-68 2
ACCEPTED:
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GTE SO T EST I PORATED
NAME: ��"ry E. Atx�ell
TITLE: President Texas/NeYr Mexico Region
DATE OF ACCEPTANCE: 5� � �
APPfit?: D A
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ORD. NO. 99-68 3
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Page ��,� Of
City of Grapevine, Texas
Municipal Consent to Use the
Public Rights-of-Way
(Rev. 11/12/98)
(2/19/99)
TELECOMI�ZUNICATIONS SERVICE PROVIDER: GTE Southwest Incorporated
CONTACT NAME: Sam Luxton, Area Manager-Customer Operations
TELEPHONE NUMBER: 972-413-7418
�F�
972-255-6907
ADDRESS: 3500 N. Beltline MC TXG3IIRN
CITY/STATE/ZIP CODE: Irving, TX 75062
EFFECTNE DATF.: June 1, 1999
EXPIRATION DATE: May 31, 2002
THIS CONSENT IS AUTHORIZED BY ORDINANCE NO.: 99-68
ADOPTED ON: MAY 4, 1999
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EXHIBIT� TO
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Municipal Consent to Use the
Public Rights-of-Way
1. PURPOSE AND INTENT.
THIS NIUNICIPAL CONS�NT TO US� THE PUBLIC RIGHTS-OF-WAY (the
"Consent") is made and entered into as of June 1, 1999, (the "Effective Date") by and between the
City of Grapevine, a city duly orgat�ized under the applicable laws of the State of Texas, (hereinafter
referred to as "City"), and GTE South�ti�est Incorporated [Telecommunication Company]
("Provider");
WHEREAS, the City, pursuant to federal law, state statutes, and local ordinances, may
consent to one or more non-exclusive agreements to construct and maintain a Telecommunication
Network in the Public Ri�hts-of-way within the municipal boundaries of the City as designated in
Exhibit "A" ("City Area"); and,
WHEREAS, as applicable, the definitions of all words not defined herein shall be as used
in the Telecommunications Chapter of the Code of Ordinances, which is incorporated herein for all
purposes (Telecommunication Ordinance);
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WHEREAS, the Provider has acknowleci�ed the terms and conditions of the
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Telecommunications Ordinance and understands that it is bound by them;
NOW, THEREFORE, Provider a�rees to abicle by the terms and conditions of this
Telecommunications Ordinance, as follows:
2. SCOPE OF CITY CONSEN'l.
The City hereby grants to the Provider, for a period of three (3) years from and after the
Effective Date of this Consent (the "Term"), the non-exclusive right to construct, use, operate,own
and maintain a Telecommunication Network in, on, under and over the Public Rights-of-Way, as
described in Exhibit "A," subject to applicable law, under the terms and conditions specifically set
forth in the Telecommunications Ordinance.
3. AUTHORITY NOT EXCLUSIVE.
This Consent and the �rant conferred in Section 2 above are not exclusive, pursuant to the
Telecommunication Ordinance. The Provider shall respect the rights and property of the City and
�,,, other authorized users of the Public Rights-of-Way.
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4. FEES AND CO�YIPENSATION.
From and after the Effective Date of this Consent and throu�hout the full term of this
" Consent, the Provider shall promptly pay to the City all fees and compensation pursuant to the
Telecommunication Ordinance.
5. CONSTRUCTIO�V OF "lHE TELECONINIUNICA'IION NET4VORK.
5.1 Provider shall comply with the Telecommunication Network construction
requirements in accordance with the appropriate sections of the Telecommunication Ordinance.
5.2 Pernzits Required - Provider shall not construct, reconstruct, or relocate the
Telecommunication Net�vork (or parts thereot) within the Public Rights-of-Way or on City Property
unless authority has been obtained in accordance with the Telecommunications Ordinance, or other
applicable City Ordinances.
5.3 Plan Revie�v - Provider shall not commence construction unless and until all maps
and other documents are provided to the City, in accordance with the Telecommunications
Ordinance.
5.4 Construction Standards - Provider shall comply with construction standards in the
Telecommunications Ordinance.
�' " 5.5 Inspections - The Provider shall permit the City to conduct inspections of
construction or installation being performed to ensure compliance with the Telecommunications
Ordinance.
5.6 Scheduling - The Provider shall provide the City advance notice before beginning
construction or installation, except in the case of emergency, pursuant to the Telecommunications
Ordinance.
5.7 Restoration of Property-At its own cost and expense, Provider shall promptly restore
property disturbed by Provider's activities, pursuant to the Telecommunications Ordinance.
5.8 Removal or Relocation of Facilities - The Provider shall remove or relocate the
Telecommunications Network as required by the Telecommunications Ordinance.
5.9 Installations on City Property - No cable line, wire, amplifier, converter, or other
piece of equipment owned by the Provider shall be installed by the Provider in the Public Rights-of-
`Vay or on any City property �vithout first securin� the �vritten permission of the city and/or lawful
occupant of any property involved.
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5.10 Books and Records - The Provider shall keep books and records as required by the
Telecommunications Ordinance and in accordance with generally accepted accounting principles.
��"" 6. TREE TRIM�YIING.
With reasonable prior written notice, the Provider may tricn trees or other vegetation owned
by the City or encroachin; upon the Public Rights-of-�Vay to prevent their branches or leaves from
touching or otherwise interferin� with its wires. All trimming or prunin� shall be at the sole cost of
the Provider.
7. R�PORTS.
7.1 The Provider shall make available to the City such information or reports, as required
by the Telecommunications Ordinance.
7.2 The Provider shall allow the City to make inspections of any of the Provider's
facilities and equipment located within the Public Ri�hts-of-Way with sufficient notice as to not
disrupt the operations of the Provider.
8. INDEMNITYAND INSURANC�.
"�`"� (a) The Provider shall comply �vith applicable sections of the Telecommunication
Ordinance governing insurance.
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(b) THE PROVIDER AGRE�S TO PROMPTLY DEI'LND, INDEMNIFY AND HOLD
THE CITY HARIVILESS FROM AND AGAI�i 1ST ALL DAMAGES, COSTS,LOSSES
OR EXPENSES (i)FOR THE REPAIR, REPLACEM�NT, OR RESTORATION OF
CITY'S PROPERTY, EQUIPMENT, MATERIALS, STRUCTURES AND
FACILITIES WHICH ARE DAMAGED, DESTROYED OR FOUND TO BE
DEFECTIVE SOLELY AS A I2ESULT OF THE PROVIDER'S ACTS OR
OMISSIONS, (ii) rROM AND AGAINST ANY AND ALL CLAIMS, D�IVIANDS,
SUITS, CAUS�S OF ACTION,AND JUDGMENTS FOR(a) DAMAGE TO OR LOSS
OF THE PROPERTY OI' ANY P�RSON (INCLUDING, BUT NOT LIMITED TO
THE PROVIDER, ITS AGENTS, OrFICERS, EMPLOYEES AND
SUBCONTRACTORS, CITY'S AG�NTS, OF'I'IC�RS AND EMPLOYEES, AND
THIRD PARTIES); AND/OR(b) DEATH, BODILY INJURY, ILLNESS,DISEASE,
LOSS OF SERVIC�S, OR LOSS OF INCONIE OR �VAGES TO ANY PERSON
(INCLUDING, BUT NOT LIMITED TO THE AGENTS, OFFICERS AND
�MPLOYEES OF THE PROVIDER, PROVIDER'S SUBCONTRACTORS AND
CITY,AND THIRD PARTIES),ARISIl�`G OUT OF,INCIDENT TO, CONCERNL�IG
OR 12�SULTING I'ROM TH�N�GLIGENT OR�VILLFUL ACT OR 01�1ISSIONS
OF THE PROVIDER,ITS AGENTS,E1�IPLOYEES,AND/OR SUBCONTRACTORS,
IN THE PERFORNIANC� OF ACTIVITI�S PURSUANT TO THIS NIUNICIPAL
�
CONS�NT.
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(c) This indemnity provision shall not apply to any liability resulting from the negligence of the
City, its officers, employees, agents, contractors, or subcontractors.
(d) The indemnity provision set forth above is:
(1) Solely for the benefit of the parties to this Municipal Consent and is not
intended to create or grant any rights, contractual or other�vise, 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 this Municipal Consent.
9. PROVIDER DEFAULT AND RE1I�IEDIES.
If Provider fails to comply with this Consent or the Telecommunication Ordinance, Provider
will be subject to termination and remedies as provided for in the Telecommunications Ordinance
and herein.
I0. COMPLIANCE WITH LA WS; SEVERABILITY.
10.1 Notwithstanding any other provisions of this Consent to the contrary, the Provider
shall at all times comply with all applicable police powers and regulations of the City and all
administrative agencies thereof.
10.2 If any provision of this Consent, the Telecommunications Ordinance or any related
ordinances, permits or licenses held by any court or by any Federal, state, or county agency of
competent jurisdiction to be invalid as conflictin� �vith any Federal, state or county law, rule or
regulation now or hereafter in effect, or is held by such court or agency to be modified in any way
in order to conform to the requirements of any such la�v, rule or re�ulation, said provision shall be
considered as a separate, distinct and independent part of this oi•such other Consent or ordinances,
permits or licenses, and such holding shall not affect the validity and enforceability of all other
provisions hereof or thereof. In the event that such la�v, rule or regulation is subsequently repealed,
rescinded, amended or other�vise changed, so that the provision hereof or thereof which had been
held invalid or modified is no longer in conflict with the law, rules and regulations then in effect,
said provision shall thereupon return to full force and effect and shall thereafter be binding on the
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parties hereto, provided that the City shall give the Provider sixty (60) days'written notice of such
change before requiring compliance with said provision.
10.3 If the City determines that a material provision of this Consent, the
Telecommunications Ordinance or any related Consent or ordinances, permits or licenses are
affected by such action of a court or of the Federal, state or county government, the City and
Provider shall have the ri�ht to modify any of the provisions hereof or in such related documents to
such reasonable extent as may be necessary to carry out the full intent and purpose of this Consent
and all related documents.
ll. TAXES.
Nothing contained in this Consent shall be construed to exempt the Provider from any tax
levy, sales tax or assessment which is or may be here�lfter lawfully imposed by the City as are
generally applicable in the City or State.
I2. SALE OR TRANSFER.
With respect to the sale or transfer of the Consent or Telecammunication Network, the
� Provider shall comply with appropriate sections of the Telecommunications Ordinance.
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I3. SERVICE OF NOTICE.
13.1 All notices required or permitted to be given to either party by the other party under
any provisions of this Consent shall be in writin� and shall be deemed served:
(a) When delivec-ed by hand or by Federa] Express or
similar service to that party's address set forth below
during normal business hours; oi-
(b) When mailed to any other person designated by that
party in �vriting herein to receive such notice, via
certified mail, return receipt requested.
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13.2 Notice shall be given to the followin;:
�� (a) If to City: �
Mr. Ro;er Nelson, City Mana�er, City of Grapevine
P. O. Box 95104
Grapevine, TX 76051
817-481-0300
b) If to Provider: GTE Southwest Incorporated
Associate General Counsel
500 Carpenter Freeway MC TXD 1986A
Irving, TX 75035
972-717-5882
972-717-7707 - Fax
l4. FORCE MAJEURE.
,� „ Any delay, preemption, or other failure to perform caused by factor beyond the parties'
reasonable control, such as an act of God, labor dispute, non-delivery by non-affiliated suppliers,
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war, riot, technical breakdown, or �overnment administrative or judicial order or regulation, shall
not result in a default of the Consent. Each party shall exercise its reasonable efforts to cure any
such delays and the cause thereof, and performance under the terms of this Consent shall be excused
for the period of time durin� which such factor continues.
I5. CONSTRUCTIONAND JURISDIC'1I0��'.
In the event of any conflict between this Consent and the Telecommunications Ordinance,
the Ordinance terms shall prevail and control. Provicter's obli�ations and rights as a user of the
Public Rights-of-Way within the City are governed by federal and state law and the terms of the
Telecommunications Ordinance and are not modified or expanded throu�h the execution of this
Municipal Consent .
This Consent is made and performed in Tarrant County, Texas and it shall be construed in
accordance with laws in the State of Texas and the City. Any suit to enforce this Consent shall be
brought in Tarrant County, Texas.
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l6. ACKNOWLEDGMENT THAT TERMS ARE UNDERSTOOD.
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The Provider acknowledges that it has read and fully understood the terms of both the
Consent and the Telecommunications Ordinance and accepts the terms and conditions herein and
as required in the Telecommunications Ordinance. Provider also understands that its obligations and
rights as a user of the Public Rights-of-Way within the City are governed by federal and state law
and the Telecommunications Ordinance and are not modified or expanded through its execution of
this Municipal Consent.
IN WITNESS THEREOF, the parties have signed below,effective as of the Effective Date,
by their duly authorized representatives.
ACCEPTED:
City of Grapevine GTE Southwest Incorporated
"City" "Provider"
,�,�, By. � - , ,' `. � `�.�.�
Roger Nelson R ional Presi ent-Texas/New Mexico
� Its: City Manager Its: GTE Southwest Incorporated
��av�a �.:
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[Note to City Attorney - Add appropriate signature block for City]
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109800\0001 uVITOB ED06.CAW
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EXHIBIT "A"
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PUBLIC RIGHTS-OF-WAY THAT MAY BE U5ED BY THE PROVIDER
Check applicable box:
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XX Any public rights-of-way in the City
City Initial 4 Provider Initial
❑ Only areas as described in the attached
Map
City Initial Provider Initial
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109800\0OO1�IvITOBED06.CAW
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