HomeMy WebLinkAboutORD 1995-091 ,�-�,
ORDINANCE NO. 95-9t
�, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS DEFINING TERMS FOR A LICENSE
AGREEMENT WITH TELEPORT COMMUNICATIONS
GROUP, INC. FOR THE PURPOSE OF CONSTRUCTING,
MAINTAINING AND OPERATING A FIBER OPTIC
TRANSMISSION LINE IN, UNDER AND ACROSS CERTAIN
STREETS AND PUBLIC WAYS IN THE CITY OF
GRAPEVINE; PROVIDING THE TERM; PROVIDING
CONDITIONS FOR SUCH USAGE; PROVIDING FOR
RECORD KEEPING; REQUIRING THE PAYMENT OF
COMPENSATION FOR THE USE OF SUCH RIGHTS-OF-
WAY; PROVIDING FOR TERMINATION OF THE
AGREEMENT; PROVIDING INDEMNITY; PROVIDING FOR A
SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
� �,
GRAPEVINE, TEXAS:
�� SECTION 1. PURPOSE
The CITY and COMPANY enter into this license agreement for the non-exclusive use
of public RIGHTS-OF-WAY, under which COMPANY may acquire, erect, construct,
replace, reconstruct, maintain, use and operate in the City of Grapevine, Texas, a fiber
optic transmission line in, across or under streets of the CITY as further described by
attachment "A", (hereinafter the "rights-of-way") hereinafter set forth all necessary
or desirable underground conduits, manholes and other structures and appurtenances
(hereinafter the "facility" or "facilities") in connection with such transmission system
(hereinafter the "system"), subject to this agreement. This license is granted upon the
condition CITY shall never be called upon to make any payment to COMPANY or any
other party and CITY shall not be liable for any cost of construction or operation of
the system.
SECTION 2. DEFINITIONS
Whenever used in this Ordinance, the following words and terms shall have the
„�..,, definitions and meanings provided in this Section:
(a) FACILITIES: All COMPANY duct spaces, manholes, poles, conduits,
,�,.� underground and overhead passageways, and other equipment, structures and
appurtenances and all associated TRANSMISSION MEDIA, which are located
within the City of Grapevine RIGHTS-OF-WAY.
�,.� (b) USE: Any COMPANY acquisition, construction, reconstruction, maintenance
or operation of any FACILITIES in, over, under, along, through or across the
public RIGHTS-OF-WAY for any COMPANY purpose whatsoever.
�
(c) CITY: The City of Grapevine, Texas or Grantor.
(d) RIGHTS-OF-WAY: All present and future streets, avenues, highways, alleys,
bridges and easements dedicated for public use within the city limits of the
CITY.
(e) DIRECTION OF THE CITY: All ordinances, laws, rules, regulations , policies and
Charter provisions of the CITY now in force or that may hereafter be passed
and adopted which are not inconsistent with this Ordinance.
(f) TRANSMISSION MEDIA: All COMPANY cables, fibers, wires or other physical
devices used to transmit and/or receive communication signals, whether
analog, digital or of other characteristics, and whether for voice, data or other
purposes which are located within the City of Grapevine RIGHTS-OF-WAY.
(g) NON-EXCLUSIVE: No rights provided for in this Ordinance by the CITY shall
be exclusive, and the CITY reserves the right to grant franchises, licenses,
easements or permissions to use the public RIGHTS-OF-WAYS within the CITY
'� " to any person or entity as the CITY, in its sole discretion may determine to be
in the public interest.
���
(h) COMPANY: TCG - Dallas
SECTION 3. TERM
This License shall be in full force and effect for the period beginning with the effective
date hereof and ending ten (10) years after such date from the effective date unless
earlier terminated by COMPANY upon written notice to the CITY. COMPANY may opt
to renew this agreement for two (2) consecutive periods of five (5) years each with
the written approval of CITY. Each option shall be requested in writing 90 days
before the expiration of this initial term, or the first renewal period, as applicable. The
terms of compensation shall be renegotiated at the renewal, but will increase by a
minimum of the cumulative Consumer Price Index - Dallas/Fort Worth Metropolitan
Statistical Area for the previous five year period.
' SECTION 4. SUPERVISION BY CITY
,�-_�
The COMPANY shall lay, maintain, construct, operate and replace its poles, wires,
anchors, cables, manholes, conduits and appurtenances used, in whole or part, to
,�,.v� provide telecommunication services so as to interfere as little as possible with traffic
and shall promptly clean-up, and restore in compliance with the applicable provisions
ORD. N0. 95-91 2
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of the Code of Ordinances of the City, at its costs, all thoroughfares and other
surfaces which it may disturb. All poles, stubs, guys, anchors and other FACILITIES
shall be set so that they shall not interfere with the flow of water in any gutter or
�, drain, and so that the same shall not unduly interfere with ordinary travel on the
streets, alleys, highways, public thoroughfares, public utility easements and public
ways, and so that they shall not compromise public safety. The location and route
of all poles, stubs, guys, anchors, conduits and cables to be placed and constructed
by the COMPANY in the CITY, and the location of all conduits to be laid by the
COMPANY within the limits of the CITY shall be subject to the reasonable and proper
regulation, control and direction of the governing body or of any CITY official to
whom such duties have been or may be delegated. The CITY herein reserves the right
to require the COMPANY to install or relocate aboveground FACILITIES as far from
vehicular travel lanes as reasonably possible for traffic safety purposes. The
COMPANY may be required to place certain FACILITIES underground according to
reasonable requirements that may be adopted from time to time by the CITY;
provided, however, COMPANY shall be given due notice and if requested in writing,
the COMPANY shall be entitled to a hearing before the Grapevine City Council prior
to the adoption of any such requirements.
The CITY expressly reserves the right to change the grade, install, relocate or widen
the public streets, sidewalks, bikeways, alleys, public thoroughfares, highways and
public ways within the present limits of the CITY and within said limits as same may
� ' from time to time be extended and the COMPANY shall relocate within the RIGHTS-
OF-WAY, at its own expense, its poles, wires, cables, anchors, manholes, conduits
�_� or other FACILITIES or appurtenances to accommodate such public improvement
projects. The CITY also herein reserves the right to require the COMPANY to relocate,
at the sole expense of the COMPANY, any FACILITIES erected or maintained pursuant
hereto if said relocation is deemed necessary by the governing body or its designated
representative for traffic safety utilities owned and/or operated by the CITY including
traffic signals, flashing lights, signs or any other traffic control device or measuring
installation. Whenever by reason of changes in the grade of a thoroughfare or in the
location or manner of constructing a water pipe, sewer or other aboveground or
underground structure, it is deemed necessary by the CITY to require the COMPANY
to remove, alter, change, adapt or conform the underground or aboveground
FACILITIES of the COMPANY, the COMPANY shall make the alterations as soon as
practicable when requested in writing by the CITY, without claim for reimbursement
or damages against the CITY. If any of the above requirements impose a financial
hardship upon the COMPANY, the COMPANY shall have the right to present
alternative proposals to the CITY, and the CITY shall give due consideration to any
such alternative proposals. It is understood and further provided, however, that the
CITY in any event shall not require COMPANY to remove its FACILITIES entirely from
any such RIGHT-OF-WAY.
�� �a.
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ORD. N0. 95-91 3
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SECTION 5. STREETS TO BE RESTORED TO GOOD CONDITION
The COMPANY shall comply with all reasonable rules and regulations of the CITY
„���, relative to street excavations, and permits therefor. Any and all streets, alleys,
highways, public thoroughfares, public utility easements, public ways and, without
limitation by the foregoing enumerations, other public property disturbed by the
COMPANY in building, constructing, renewing or maintaining its FACILITIES shall be
restored within a reasonable time after the completion of the work in compliance with
the applicable provisions of the Code of Ordinances of the City. The COMPANY shall
be responsible for all maintenance costs incurred as a result of any defects[,]
impairments or substandard condition in the street, alley, highway, public
thoroughfare, public utility easement or public way caused by the construction,
maintenance or restoration work of the COMPANY for a period of not less than that
stated in the Code of Ordinances of the City from the date of completion of said
repairs, after which time responsibility for the maintenance shall become the duty of
the CITY. No street, alley, highway, public thoroughfare, public utility easement or
public way shall be encumbered for a longer period than shall be necessary to execute
the work. The COMPANY shall submit, in a format prescribed by CITY, information
describing the nature, location and estimated duration of any activity which will result
in the disturbance of any street, highway, alley, public thoroughfare, public utility
easement or public way. This information shall be submitted prior to the activity
except in the case of emergencies, in which case the information shall be submitted
"'� � as soon as practical. This information requirement shall not apply to the COMPANY's
installation of service wires. When the COMPANY shall make or cause to be made
��� excavations, or shall place obstructions in any street, alley, highway, public
thoroughfare, public utility easement or public way, the public shall be protected by
barriers and lights placed in accordance with the latest edition of the Manual of
Uniform Traffic Control Devices, erected and maintained by the COMPANY. The
COMPANY shall repair, clean-up and restore in compliance with the applicable
provisions of the Code of Ordinances of the City all streets, alleys, highways, public
thoroughfares, public utility easements or public way disturbed during construction
and repair of its FACILITIES.
SECTION 6. ACCOMMODATION OF OTHER UTILITIES
The CITY reserves the right to lay and permit to be laid sewer, gas, water, electric and
other pipelines or cables or conduits, and to do and permit to be done any
underground and overhead installation or improvement that may be deemed necessary
or proper by the governing body of the CITY in, across, along, over or under any
street, alley, highway, public thoroughfare, public utility easement or public way
occupied by the COMPANY and to change any curb or sidewalk or the grade of any
�,,, street.
The COMPANY's obligations to effect such third-party relocation is subject to (a) the
„�� CITY filing a written request for such relocation not less than ninety (90) days prior
to such requested relocation and (b) payment, in advance, to the COMPANY, by the
ORD. NO. 95-91 4
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requesting party, for the cost of such relocation.
If the CITY requires the COMPANY to adapt or conform its FACILITIES to enable any
„�,,, other entity or person, except the CITY, to use, or to use with greater convenience,
RIGHTS-OF-WAY or public property, COMPANY shall not be required to make any
such changes until such other entity or person shall reimburse or make arrangements
satisfactory to COMPANY to reimburse the COMPANY for any loss and expense
caused by or arising out of such change; provided, however, that the CITY shall never
be liable for such reimbursement. Provided, however, nothing herein shall relieve any
other person or corporation from liability for damages to FACILITIES of the
COMPANY.
SECTION 7. TEMPORARY REMOVAL OF WIRES
The COMPANY, on request of any person to the City, shall promptly remove or raise
or lower its wires temporarily to permit the moving of houses or other bulky
structures. The reasonable expense of such temporary removal, raising or lowering
of wires shall be paid by the benefitted party or parties and the COMPANY may
require such payment in advance. The COMPANY shall be given not less than forty-
eight (48) hours advance notice to arrange for such temporary wire changes. The
clearance of wires aboveground or rails within the CITY and also underground work
�"`�� shall conform to the basic standards of the National Electrical Safety Code, National
Bureau of Standards, United States Department of Commerce, as promulgated at the
� time of erection thereof.
SECTION 8. USE OF POLES AND CONDUITS BY CITY
The COMPANY shall upon request permit the CITY to use without charge, for its
police, fire alarm, data communications and traffic control signals, two fiber optic
wires exclusively in all of COMPANY's existing conduits within the CITY limits with
sufficient space in all manholes for necessary joints and on all poles now standing
within the CITY limits. Also, COMPANY shall upon request provide two fiber optic
wires on all poles hereafter erected on all streets and alleys within the CITY limits for
the City of Grapevine for its police, fire alarm, data communications and traffic control
signals. Additionally, if the COMPANY shall hereafter extend its existing underground
conduits, it shall upon request provide two fiber optic wires in each additional conduit
for the CITY's police, fire alarm, data communications and traffic control signal as
hereinbefore provided.
The CITY shall not use any duct space or poles, which are, or may be, provided for
,�,,�, its use by the COMPANY, for power transmission purposes, nor use any circuits in
such conduits or upon such poles to carry voltage in excess of one hundred and thirty
(130) volts for signal purposes, nor otherwise use any such circuits so as to interfere
,�.,� with telephone communications or with the wires or equipment on such poles or in
such conduits; provided, that COMPANY shall not use high potential wires for power
;
ORD. N0. 95-91 5
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transmission in its duct space or on its poles, nor otherwise use the same, so as to
interfere with the operation of the CITY's police, fire alarm, data communications or
signal wires. COMPANY and CITY shall cooperate and coordinate their efforts to
,,,�, make the most efficient and economical use of poles, conduits and ducts. To this
end, the parties will make periodic assessments of their needs, including but not
limited to use of poles, conduits and ducts and exchange of same to meet
requirements. The CITY shall keep COMPANY aware of its needs and shall notify the
COMPANY when it utilizes the COMPANY'S poles, ducts and conduits.
SECTION 9. RECORDS
(a) COMPANY shall keep complete and accurate maps and records of its
facilities under this ordinance. The CITY may require the keeping of additional records
or maps which are reasonably necessary for purposes of identifying, accounting for,
and reporting changes in system for purposes of Section 10 of this ordinance.
(b) The CITY may, at reasonable times during normal working hours and for
reasonable purposes, under this ordinance, examine, verify or review the documents,
maps, plans and other records of COMPANY pertaining to this agreement. COMPANY
shall make the above records available to CITY for review at a place and time
�.i,.
determined by the CITY, within ten (10) working days after demanded by the CITY.
(c) The CITY shall have the power to require that the COMPANY report to the
�� CITY such information relating to the COMPANY as the CITY may consider useful in
the identifying, accounting for, and reporting of system changes for the purposes of
Section 10 of this ordinance. The CITY shall have the right to establish forms for all
reports, determine the time for reports and the frequency with which any reports are
to be made, and require that any reports be made under oath.
(d) The CITY may, at any time, make inquiries pertaining to this license relating
to the COMPANY's operation of the buried fiber optics transmission system within the
City of Grapevine. The COMPANY shall respond to such inquiries on a timely basis.
(e) Annually, on or before the 30th day prior to the anniversary date each year
during the term of this license, COMPANY shall file with the CITY a corrected list of
facilities as set forth in Section 10 of this ordinance, and an up-to-date map of the
system, showing all facilities newly installed, extended and removed during previous
year, as well as those which are currently in use.
(f) Copies of all petitions, applications, communications and reports submitted
by the COMPANY to the Federal Communications Commission or any other regulatory
�_� agency, in respect to any matters affecting telecommunications operations conducted
in whole or in part within the CITY pursuant to this license, shall be provided to the
CITY.
��,�
ORD. N0. 95-91 6
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SECTION 10. COMPENSATION TO THE CITY
(a► For street rental, COMPANY shall pay to CITY each year of this agreement
,,,��,, a payment of at least S 1 ,000.00 or the mileage chart set forth in section 10(b) below,
whichever is greater. First payment shall be due and payable at the time this
agreement is accepted by COMPANY. Thereafter, on each thirty (30) days after the
anniversary date, COMPANY shall pay either 51 ,000.00 or the amount calculated
under (b). If not paid within said time, interest shall accrue at the then current
judgment rate of interest as published in the Texas Register.
(b) As consideration for this agreement, COMPANY shall pay annually to the
CITY a fee in an amount calculated according to the following:
Poles S 24.00 per pole
Manholes S 48.00 per manhole
Overhead Cable 5240.00 per mile
Underground Conduit $420.00 per mile
The street rental payment shall be exclusive of and in addition to all general
municipal taxes of whatever nature, including but not limited to ad valorem taxes and
special taxes and assessments for public improvements except as hereinafter
,�.�
provided.
(c) The foregoing street rental fee shall be delivered to the CITY, along with a
�� fee statement showing, in a form reasonably prescribed or approved by the CITY, the
calculations of the amount of such annual payment. This statement shall be verified
by an employee of COMPANY who is responsible for the accuracy of the statement.
SECTION 11. REMEDY FOR FAILURE TO COMPLY
Notwithstanding any other provision herein, this ordinance may be terminated by the
CITY for failure of the COMPANY to comply with any terms conditions or provisions
of this Ordinance in accordance with the following procedures:
(a) If the CITY believes that the COMPANY has breached or violated any of
the material provisions of this Ordinance, it shall notify the COMPANY in writing of
the applicable provision(s) of this Ordinance, of the circumstances alleged to
constitute the breach or violation thereof and the action requested of the COMPANY
to correct such alleged breach or violation, and the time within which any such action
shall be taken. The COMPANY shall respond in writing within thirty (30) days of
receipt of such written notice notifying the CITY of the measures, if any, it is taking
� _ to remedy the complaint and the time within which such measures are anticipated to
be completed or with a written statement of the reasons the COMPANY feels that no
breach or violation has occurred.
� ,,..
ORD. N0. 95-91 7
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(b) If the CITY continues to believe that such breach or violation has
occurred or is dissatisfied with the response or remedies proposed by the COMPANY,
the CITY may immediately terminate the license agreement and issue penalties in
,�, accordance with SECTION 16. The COMPANY may request a public meeting of the
City Council to consider such issues. The COMPANY shall be given at least ten (10)
days written notice of such meeting at which the City Council is to consider the
issues.
(c) The City Council shall consider the issues and hear any person interested
in the matter, and the City Council shall determine in its discretion whether or not any
violation by the COMPANY has occurred.
(d) If the City Council shall determine the violation by the COMPANY was
the fault of the COMPANY and within its control, the Council shall uphold the
termination order.
(e) If the COMPANY believes it has not breached or violated this ordinance
or if the COMPANY fails to acknowledge that a breach or violation has occurred
within the time periods determined in the section, then either party may seek a
declaratory judgment in a District Court in Tarrant County, Texas to determine if such
breach or violation has occurred and whether such breach or violation is sufficient
,�...�
cause for termination of this Ordinance.
(f) The COMPANY shall not be excused from complying with any of the
� terms and conditions of this Ordinance or any failure of the CITY upon any one or
more occasions to insist upon or to seek compliance with any such terms or
conditions.
SECTION 12. INDEMNITY
COMPANY shall indemnify and save whole and hold harmless the CITY and all
of its officers, agents and employees from all suits, actions or claims of any character,
; style and description, brought for or on account of any injuries or damages including
consequential damages received or sustained by any person or to any property
occasioned by, or arising out of COMPANY's construction, reconstruction,
maintenance, operation, or repair of its system, and COMPANY will be required to pay
any judgement, with costs, which may be obtained against the CITY arising out of
such injury or damage.
SECTION 13. INSURANCE
.�:�
COMPANY shall maintain insurance as required by the ordinance during the
term of this ordinance. The COMPANY shall provide the CITY with said insurance
�„ certificates prior to the commencement of any construction and shall notify the CITY
within forty-five (45) days prior to cancellation, non-renewal or material change in the
ORD. NO. 95-91 8
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policies.
Insurance requirements: Except as otherwise specified in this contract, the
,,,� contractor and his subcontractors of any tier will be required at their own expense to
maintain in effect at all times during the performance of the work, insurance coverage
with limits not less than those set forth below with insurers and under forms of
policies satisfactory to the City of Grapevine. It shall be the responsibility of the
contractor and any subcontractors to maintain adequate insurance coverage and to
assure that all subcontractors are adequately insured at all times. Failure of the
contractor and his subcontractors to maintain adequate coverage shall not relieve him
of any contractual responsibility or obligation.
Comprehensive general liability: This insurance shall be an occurrence type
policy written in comprehensive form and shall protect the contractor and his
subcontractors and the Additional Insureds against all claims arising from bodily injury,
sickness, disease, or death of any person other than the contractor's employees or
damage to property of the City of Grapevine or others arising out of the act or
omission of the contractor or his 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) endorsed to insure the
contractual liability assumed by the contractor and his subcontractors under the article
entitled indemnification and completed operations, products liability, contractual
"`��� liability, broad form property coverage, explosion/collapse/underground (xcu),
premises/operations, and independent contractors.
�
Bodily Injury and Property Damage 5500,000 Occurrence Limit
S 1 ,000,000 General Aggregate
$500,000 Products/Completed
Operations
Comprehensive automobile liability: This insurance shall be written in the
comprehensive form and shall protect the contractor and his 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 and Property Damage 5500,000 Per Occurrence
5500,000 Combined Single Limit
Workers' compensation and employers' liability: This insurance shall protect
' the contractor and his subcontractors and the Additional Insureds against all claims
�,,�, under applicable state worker's 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 shall not be less than:
ORD. NO. 95-91 9
Workers' Compensation: Statutory
Employers' Liability: 5500,000 Each Accident
$, , Disease policy limit: 5500,000 Disease - Each Employee
SECTION 14. NOTICE
For the purpose of this Ordinance, notice to the CITY will be to:
City Manager
City of Grapevine
P.O. Box 95104
Grapevine, Texas 76099
Notice to the COMPANY will be:
TCG Dallas
717 N. Harwood, Ste. 510
Dallas, Texas 75201
With a copy to:
�,. �
Teleport Communications Group, Inc.
Two Teleport Drive
�^y � Staten Island, New York, New York 1031 1
Attention: General Counsel
Notice will be effective upon delivery at the above addresses until the CITY or
COMPANY notifies the other, in writing, of a change in the address.
SECTION 15. ASSIGNMENT OF AGREEMENT
The rights granted by this ordinance inure to the benefit of COMPANY, and any
parent, subsidiary, affiliate or successor entity now or hereafter existing. The rights
shall not be assignable without the express written consent of the governing body of
the City of Grapevine, except COMPANY may assign its rights under this ordinance
to a parent, subsidiary, affiliate or successor entity without such consent, so long as
(i) such parent, subsidiary, affiliate or successor assumes all obligations of COMPANY
hereunder, and (ii) is bound to the same extent as COMPANY hereunder. The consent
of the CITY hereunder shall not be unreasonably withheld, delayed or conditioned.
Any required consent is to be evidenced by an ordinance or resolution of the
- � governing body of the CITY that fully recites the terms and conditions, if any, upon
which consent is given.
ORD. N0. 95-91 10
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SECTION 16. PENALTY
If COMPANY or its successors violates the terms of this ordinance, after thirty (30)
� days written notice from the CITY, it may be punished by a fine of not less than
5500.00 or not more than S 1,000 each day in which such a violation of this
ordinance exists shall constitute a separate offense.
SECTION 17. APPLICABLE LAWS
This ordinance is passed subject to the provisions of the constitution and the laws of
the State of Texas and the charter provisions of the City of Grapevine and applicable
sections of the Grapevine City Code.
SECTION 18. SEVERABILITY
The terms and provisions of this ordinance shall be deemed to be severable and that
if the validity of any section, subsection, sentence, clause or phrase of this ordinance
should be declared by a court of competent jurisdiction to be invalid, the same shall
not affect the validity of any other section, subsection, sentence, clause or phrase of
this ordinance. If any material term or provision of this ordinance is so declared
���
invalid, the parties shall promptly begin negotiations for a replacement.
�� SECTION 19. PUBLIC PURPOSE
All of the regulations provided in this Ordinance are hereby declared to be for a public
purpose and the health, safety and welfare of the general public. Any member of the
governing body or CITY official or employee charged with the enforcement of this
Ordinance, acting for the CITY in the discharge of his duties, shall not thereby render
himself personally liable; and he is hereby relieved from all personal liability for any
damage that might accrue to persons or property as a result of any act required or
permitted in the discharge of his said duties. Neither the CITY nor the COMPANY, by
accepting this Ordinance, waives its right to seek all appropriate legal and equitable
remedies as allowed, by law upon violation of the terms of this Ordinance.
SECTION 20. ADDITIONAL AUTHORITY
The COMPANY is not authorized to provide telephone or cable television services in
the CITY under this Ordinance, but must first obtain a franchise to supercede and
subplant this ordinance from the CITY for such purposes, under such terms and
,�� conditions as may be required by law.
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ORD. N0. 95-91 1 1
�,� SECTION 21. ACCEPTANCE OF AGREEMENT
(a) COMPANY shall, within thirty (30) days of the final passage and approval
�, of this ordinance file in the Office of City Secretary a written instrument signed and
acknowledged by a duly authorized officer in substantially the following form:
To the City Council of the City of Grapevine:
COMPANY, acting by its undersigned official hereunto duly
authorized, hereby accepts Ordinance NO. 95-91
authorizing an agreement with COIyCPAMY. _ �
B � ��, `� � _ _. . _---
Y.
Attest: • '
:_ .. .
, _
. ; .-
aecretary
- � .
Executed this, the ` `-,°day of F ��- `�!�` ��;'�-9}:
(b) Upon filing of the acceptance, this agreement shall become effective. In the
"�� event such acceptance is not filed within thirty (30) days after the final passage and
approval of this ordinance, this ordinance shall terminate and become null and void.
�
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 5th day of December , 1995.
APPROVED:
.�
William D. Tate
Mayor
ATTEST:
��
Linda uff
w�r,� City ecretary
ORD. NO. 95-91 � 2
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APPROVED AS TO FORM:
�- '�.
�..,� �
�......
John F. Boyle, Jr.
City Attorney
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ORD. NO. 95-91 13