HomeMy WebLinkAboutORD 1993-034 „�...,
ORDINANCE NO. 93-34
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS DEFINING TERMS; REQUIRING THE
PAYMENT OF COMPENSATION FOR THE USE OF THE
STREETS , ALLEYS , HIGHWAYS, PUBLIC
THOROUGHFARES, PUBLIC UTILITY EASEMENTS AND
PUBLIC WAYS WITHIN THE CITY OF GRAPEVINE, TEXAS,
BY TELEPHONE COMPANIES TO PROVIDE
TELECOMMUNICATION SERVICES; PROVIDING THE
TERM; PROVIDING CONDITIONS OF SUCH USAGE;
FINDING SUCH COMPENSATION TO BE REASONABLE;
PROVIDING FOR ACCEPTANCE; PROVIDING FOR
INDEMNIFICATION; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH;
FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE
PUBLIC AS REQUIRED BY LAW; AND PROVIDING AN
EFFECTIVE DATE
�'�"'`” NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE TEXAS:
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SECTION 1 - PURPOSE
Pursuant to the laws of the State of Texas, Article 10 of the Grapevine City Charter
and this Ordinance, GTE Southwest Incorporated has the NON-EXCLUSIVE right and
privilege to USE the public RIGHTS-OF-WAY within the City of Grapevine for the
operation of a telecommunication system subject to the restrictions set forth herein
and to the lawful exercise of police power by the CITY as the CITY shall now or
hereafter by Charter, Ordinance, or Resolution provide. The terms of this Ordinance
shall apply throughout the CITY, and to all operations of the TELEPHONE COMPANY
within the CITY, and shall include all operations and FACILITIES used in whole or in
part in the provision of telecommunication services in newly annexed areas upon the
effective date of any annexation.
SECTION 2 - DEFINITIONS
V�henever used in this Ordinance, the following words and terms shall have the
definitions and meanings provided in this Section:
� (a) ITY: The City of Grapevine, Texas.
(b) TELEPHONE COMPANY: GTE Southwest Incorporated.
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(c) FACILITIES: All TELEPHONE 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.
(d) USE; Any TELEPHONE COMPANY acquisition, construction, reconstruction,
maintenance or operation of any FACILITIES in, over, under, along, through or
across the public RIGHTS-OF-WAY for any TELEPHONE COMPANY purpose
whatsoever.
(e) 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.
(f) DIRECTION OF THE CITY: All ordinances, laws, rules, regulations and Charter
provisions of the CITY now in force or that may hereafter be passed and
adopted which are not inconsistent with this Ordinance.
�` � (g) TRANSMISSION MEDIA: All TELEPHONE 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 RIGHTS-OF-WAY.
(h) ANNUAL FEE: Compensation for the use, occupancy, oversight, supervision
and regulation of the RIGHTS-OF-WAY.
(i) CUSTOMER FEE: The monthly fee charged each customer by the TELEPHONE
COMPANY in order to collect the ANNUAL FEE.
(j) 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.
SECTION 3 - TERM
�, This Ordinance shall be in full force and effect for the period beginning with the
effective date hereof and ending five (5) years after such date. This Ordinance may
� GTE93.ORD _ 2 _ REVISED: 07-15-93
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be extended for an additional five (5) year term if mutually agreed to by both parties
in writing.
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SECTION 4 - SUPERVISION BY CITY
The TELEPHONE COMPANY shall lay, maintain, construct, operate and replace its
poles, wires, anchors, cables, manholes, conduits and appurtenances used, in whole
or part, to 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 of the Code of Ordinances, 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 TELEPHONE COMPANY in the CITY, and the location of all conduits to be laid
by the TELEPHONE 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 TELEPHONE COMPANY to install or relocate
" aboveground FACILITIES as far from vehicular travel lanes as reasonably possible for
traffic safety purposes. The TELEPHONE COMPANY may be required, at the
�-�� TELEPHONE COMPANY'S own expenses, to place certain FACILITIES underground
according to reasonable requirements that may be adopted from time to time by the
CITY; provided, however, TELEPHONE COMPANY shall be given due notice and if
requested in writing, the TELEPHONE 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 TELEPHONE 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
TE�EPHONE COMPANY to relocate, at the sole expense of the TELEPHONE
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
�"' GTE93.ORD _ 3 _ REVISED: 07-15-93
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is deemed necessary by the CITY to require the TELEPHONE COMPANY to remove,
alter, change, adapt or conform the underground or aboveground FACIUTIES of the
TELEPHONE 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 TELEPHONE COMPANY, the TELEPHONE 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 furthe� provided, '
however, that the CITY in any event shall not require TELEPHONE COMPANY to 'i
remove its FACILITIES entirely from any such RIGHT-OF-WAY.
SECTION 5 - STREETS TO BE RESTORED TO GOOD CONDITION
The TELEPHONE COMPANY shall comply with all reasonable rules and regulations of
the CITY relative to street excavations, and permits therefore. 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 TELEPHONE 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. The
TELEPHONE COMPANY shall be responsible for all maintenance costs incurred as a
f result of any defects impairments or substandard condition in the street, alley, I
highway, public thoroughfare, public utility easement or public way caused by the
�_=� construction, maintenance or restoration work of the TELEPHONE COMPANY for a
period of not less than that stated in the Code of Ordinances 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 �i
necessary to execute the work. The TELEPHONE 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 TELEPHONE COMPANY'S installation of service wires. When the ''
TELEPHONE 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 TELEPHONE COMPANY. The TELEPHONE COMPANY shall repair, ',
clean-up and restore in compliance with the applicable provisions of the Code of
„�„ Ordinances all streets, alleys, highways, public thoroughfares, public utility easements ,
or public way disturbed during construction and repair of its FACILITIES. '
```�°' GTE93.ORD _ 4 _ REVISED: 07-15-93 '
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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 TELEPHONE COMPANY and to change any curb or sidewalk or the
grade of any street. In permitting such work to be done, the CITY shall not be liable
to the TELEPHONE COMPANY for any damages arising out of the performance by the
CITY or its contractors or subcontractors, not intentionally or willfully and
unnecessarily occasioned; provided, however, nothing herein shall relieve any other !
person or corporation from liability for damages to FACILITIES of the TELEPHONE
COMPANY. '
The TELEPHONE 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 one
hundred eighty (180) days prior to such requested relocation and Ib) payment, in
advance, to the TELEPHONE COMPANY, by the requesting party, for the cost of such
relocation. If the CITY requires the TELEPHONE 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, TELEPHONE
� COMPANY shall not be required to make any such changes until such other entity or
person shall reimburse or make arrangements satisfactory to TELEPHONE COMPANY
� � to reimburse the TELEPHONE 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 FACIUTIES of the TELEPHONE COMPANY.
SECTION 7 - TEMPORARY REMOVAL OF WIRES
The TELEPHONE COMPANY, on request of any person, 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 TELEPHONE
COMPANY may require such payment in advance. The TELEPHONE 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.
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`"'� GTE93.ORD _ 5 _ REVISED: 07-15-93
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SECTION 8 - TREE TRIMMING
The right, license, privilege and permission is hereby granted to the TELEPHONE
COMPANY its successors and assigns, to trim trees upon and overhanging the streets,
alleys, sidewalks and public places within the CITY, so as to prevent the branches of
such trees from coming in contact with the wires or cables of the TELEPFiONE
COMPANY, and when so ordered by the CITY, said trimming shall be done under the
supervision and direction of the governing body or of any CITY official to whom said
duties have been or may be delegated. '
SECTION 9 - USE OF POLES AND CONDUITS BY CITY
The TELEPHONE COMPANY shall permit the CITY to use without charge, for its
police, fire alarm, data communications and traffic control wires exclusively one duct,
if available, in all of TELEPHONE COMPANY'S existing conduits within the City limits
with sufficient space in all manholes for necessary joints and provide adequate space,
if available, on all poles now standing within the City limits. Also, TELEPHONE
COMPANY shall provide adequate space on all poles hereafter erected on all streets
and alleys within the City limits for the CITY of Grapevine to attach wires for its
police, fire alarm and traffic control signals.
° If the TELEPHONE COMPANY shall hereafter extend its existing underground conduits,
it shall provide one duct in each additional conduit for the CITY's police, fire alarm and
�r � traffic control signal wires, as hereinbefore provided. The CITY shall not use any duct
space or poles, which are, or may be, provided for its use by the TELEPHONE
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 TELEPHONE COMPANY shall not use high potential wires for
power 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 or signal wires.
TELEPHONE 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 TELEPHONE COMPANY aware of its needs and shall notify the
TELEPHONE COMPANY when it utilizes the TELEPHONE COMPANY'S poles, ducts
and conduits.
GTE93.ORD _ g _ REVISED: 07-15-93
SECTION 10 - COMPENSATION TO THE CITY
(a) As compensation for the use, occupancy, oversight, supervision and regulation
of the RIGHTS-OF-WAY, and in lieu of and in full compensation for any lawful
tax or license or charge or RIGHT-OF-WAY permit fee or inspection fee,
whether charged to the TELEPHONE COMPANY or its contractor(sl, or any
RIGHT-OF-WAY easement or street or alley rental or franchise tax or other
character of charge for use and occupancy of the RIGHTS-OF-WAY within the
CITY, except the usual general ad valorem taxes, special assessments in
accordance with State law or sales taxes now or hereafter levied by the CITY
in accordance with State law, or property development or building fees, the
CITY hereby imposes an ANNUAL FEE upon the TELEPHONE COMPANY, and
the TELEPHONE COMPANY agrees to pay the ANNUAL FEE. The amount of
the ANNUAL FEE for the first year this Ordinance is in effect shall be
S375.000.00. In no event shall the ANNUAL FEE be less than the above
amount for each year this Ordinance is in effect, except as provided in the case
of disannexation as set forth in paragraph 10(e).
The TELEPHONE COMPANY will bill the ANNUAL FEE pro rata, to its customers
within the corporate limits of the CITY. The pro rata charge to each customer
shall be calculated as follows: Not later than the date the TELEPHONE
COMPANY accepts this Ordinance, and three month prior to each subsequent
anniversary date of this Ordinance, the TELEPHONE COMPANY shall determine
the CUSTOMER FEE. To determine the CUSTOMER FEE, the ANNUAL FEE
� � shall be divided by twelve (121; the result shall then be divided by the sum of
the weighted local exchange access lines as determined by applying appropriate
allocation factors to the number of access lines in each class of service. The
resultant will be the CUSTOMER FEE. For purposes of this calculation, local
exchange access lines shall be defined as residence, single line business, multi-
line business, Centrex, Centranet, key lines and PABX trunks. Each residential
customer shall pay for each residential local exchange access line a monthly
amount equal to the CUSTOMER FEE. Each business customer shall pay for
each business local exchange access line a monthly amount weighted and
calculated according to the business customer's class of service.
For the second and subsequent years while this Ordinance remains in effect,
the above ANNUAL FEE is subject to adjustment by application of the growth
factor set out in paragraph 10(c). This adjustment for the growth factor will
be made effective as of each anniversary date of this Ordinance.
The TELEPHONE COMPANY shall adjust its billings to customers to account for
any undercollection or overcollection of the charge due the CITY.
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"'�'' GTE93.ORD _ 7 _ REVISED: 07-15-93
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(b) The ANNUAL FEE for each year shall be paid in four (4) equal payments. The
dates shall be May 31, August 31, November 30, and February 28, with the
first payment under this Ordinance due on February 28, 1994. In the event of
any over or undercollection from customers, then the TELEPHONE COMPANY
may make a pro rata credit or charge to the customer billing for affected
customers at the end of each calendar year. All adjustments will be
accomplished within 150 days following the date of expiration of this
Ordinance. If however, it is impractical to credit any overcollection to
customers, then such overcollection shall be paid to the CITY.
(c) The growth factor shall correspond to the growth in the local exchange access
lines within the limits of the CITY for the preceding year. For each succeeding
year during the period of the Ordinance, the previous year's ANNUAL FEE will
be increased at the same rate as the growth in local exchange access lines as
reflected in the TELEPHONE COMPANY'S official access line report for the
twelve (12) month period ending three (3) months prior to the next anniversary
date of this Ordinance. The TELEPHONE COMPANY will adjust its customer
billing annually to account for the growth factor calculated above.
When the growth factor calculation is complete, the TELEPHONE COMPANY
will provide the CITY, for its review, the growth factor calculations supported
by copies of GTE SOUTHWEST INCORPORATED'S official access line report
" on which the calculations were based.
� •- The CITY agrees to rely upon the growth process described above in
determining future payments in lieu of any other audit process for the duration
of this Ordinance. The CITY may invoke SECTION 11 - REMEDY FOR FAILURE
TO COMPLY if the CITY determines the official access line report does not
appropriately reflect growth. In the event the loca� exchange access lines
report upon which the growth factor is calculated is found to be in error, the
TELEPHONE COMPANY will recompute the growth factor to reflect any
corrections so identified. The ANNUAL FEE shall be recalculated using the
growth factor recomputed as specified in the preceding sentence, and the
recalculated charged shall be used for all future calculations required by this
Ordinance. Any overpayment or underpayment resulting from such
recalculation shall be subtracted from or added to the first installment due the
following year and the CUSTOMER FEE will be appropriately adjusted. If any
overpayment or underpayment shall be due during the final year of this
Ordinance, then payment shall be made as follows. In the case of overpayment
by the TELEPHONE COMPANY, the CITY shall pay such overpayment to the
TELEPHONE COMPANY within 150 days following the expiration of this
Ordinance and, in case of underpayment by the TELEPHONE COMPANY, the
,,�,,, TELEPHONE COMPANY shall pay such underpayment to the CITY within 150
days following the expiration of this Ordinance.
�"'' GTE93.ORD _ g _ REVISED: 07-15-93
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(d) Payment of the ANNUAL FEE shall not relieve the TELEPHONE COMPANY from
paying all applicable municipally-owned utility service charges. Should the CITY
not have the legal power to agree that the payment of the foregoing charge
shall be in lieu of the taxes, licenses, charges, RIGHTS-OF-WAY permit or
inspection fees, rentals, RIGHTS-OF-WAY easements or franchise taxes
aforesaid, then the CITY agrees that it will apply so much of such payments as
may be necessary to the satisfaction of the TELEPHONE COMPANY'S
obligation, if any to pay any such taxes, licenses, charges, RIGHTS-OF-WAY
permit or inspection fees, rentals, RIGHTS-OF-WAY easements or franchise
taxes.
(e) In the event that either (1) territory within the boundaries of the CITY shall be
disannexed and a new incorporated municipality created which includes such
territory or (2) an entire, existing incorporated municipality shall be consolidated
or annexed into the CITY, then notwithstanding any other provision of this
Ordinance, the ANNUAL FEE shall be adjusted. To accomplish this adjustment,
within sixty (60) days following the action effecting a disannexation/annexation '
as described above, the CITY shall provide the TELEPHONE COMPANY with
maps of the affected area(s) showing the new boundaries of the CITY.
In the event of an annexation as described above, the ANNUAL FEE paid to the
CITY will be adjusted to include the amount of the ANNUAL FEE paid by the
" TELEPHONE COMPANY to the existing incorporated municipality being
annexed. In the event that the annexed municipality had no ordinance imposing
��-�� a ANNUAL FEE or in the event of a disannexation, then the adjustment to the
ANNUAL FEE will be made based on the City's net gain or loss of telephone
subscribers using the same methodology prescribed in section 10(a) above.
The effective date of the adjustment shall be within 120 days following the
annexation/disannexation action by the CITY, provided that the CITY will have
supplied the appropriate annexation/disannexation maps to the TELEPHONE
; COMPANY in accordance with the provisions herein.
SECTION 19 - REMEDY FOR FAILURE TO COMPLY
Notwithstanding any other provision herein, this ordinance may be terminated by the
CITY for failure of the TELEPHONE 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 TELEPHONE COMPANY has broached or
violated any of the material provisions of this Ordinance, it shall notify the
TELEPHONE 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 TELEPHONE COMPANY to correct such alleged breach or violation,
''�'" GTE93.ORD _ g _ REVISED: 07-15-93
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and the time within which any such action shall be taken. The TELEPHONE
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 TELEPHONE COMPANY feels that no breach or
violation has occurred.
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 TELEPHONE
COMPANY, it shall call a public meeting of the City Council to consider such issues.
The TELEPHONE COMPANY shall be given at least ten (10) days written notice of
such meeting and issues which the City Council is to consider.
C. The Gity 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 TELEPHONE COMPANY has occurred.
D. If the City Council shall determine the violation by the TELEPHONE
COMPANY was the fault of the TELEPHONE COMPANY and within its control, the
Council may order compliance within such reasonable period as the Council may
determine, but no less than thirty (30) days.
�' �" E. If the TELEPHONE COMPANY fails to remedy the situation believed by
the City Council to be a material breach or violation of this ordinance or if the
��� TELEPHONE COMPANY falls 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 o� violation has occurred and whether such breach or violation is sufficient
cause for termination of this Ordinance.
F. The TELEPHONE 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.
"�" GTE93.ORD _ �p _ REVISED: 07-15-93
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SECTION 12 - NOTICE
For the purpose of this Ordinance, notice to the CITY will be to:
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City Manager
City of Grapevine
P.O. Box 95104
413 South Main Street
Grapevine, Texas 76099
Notice to the TELEPHONE COMPANY will be: �
District Manager '
GTE Southwest Incorporated ',
706 East Northwest Highway ,
Grapevine, Texas 76051 i
With a copy to: i
Area Manager/Municipal Affairs �!
GTE Southwest Incorporated ,
' Attention: Regulatory TXD 1933E '
P.O. Box 152013
� � 500 E. Carpenter Freeway ;
Irving, Texas 75015-2013 '
Notice will be effective upon delivery at the above addresses until the CITY or
TELEPHONE COMPANY notifies the other, in writing, of a change in the address. �
SECTION 13 - ASSIGNMENT OF ORDINANCE
(a) The TELEPHONE COMPANY shall be a legal entity with legal capacity to
operate and maintain a local telecommunication system in the City of '
Grapevine.
(b) This Ordinance and any rights or privileges hereunder shall not be assignable '
to any other party without the express consent of the Grapevine City Council,
such consent to be given by an ordinance of the City Council, which ordinance
shall fully contain the terms and conditions, if any, upon which such consent
is given further provided that such consent by the City Council will not be
,,� unreasonably withheld.
""�'' GTE93.ORD _ � � _ REVISED: 07-15-93
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SECTION 14 - 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 TELEPHONE
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 15 - APPLICABLE LAW
This Ordinance shall be construed under and in accordance with the laws of the State
of Texas.
SECTION 16 - VENUE
Venue for any proceedings under this agreement shall be in Tarrant County, Texas.
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SECTION 17 - VIDEO NOT AUTHORIZED
The TELEPHONE COMPANY is not authorized to provide cable television service as
a cable operator in the CITY under this Ordinance.
SECTION 18 - RELEASE
The CITY hereby fully releases, discharges, settles and compromises any and all
claims for municipal fees which the CITY has made or could have made arising out of
or connected with the TELEPHONE COMPANY'S use and occupancy of the RIGHTS-
OF-WAY within the CITY for the provision of its telecommunications and other
services from the beginning of any such use until the effective date of this release.
This full and complete release of claims shall be for the benefit of GTE Southwest
Incorporated; its parent; its affiliates; their directors, officers and employees;
successors and assigns; and includes any and all claims, actions, causes of action and
controversies, presently known or unknown, arising directly or indirectly out of or
�,�. connected with the TELEPHONE COMPANY'S said use and occupancy of the RIGHTS-
OF-WAY within the CITY.
�"' GTE93.ORD _ 12 _ REVISED: 07-15-93
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SECTION 19 - REPEAL OF CONFLICTING PROVISIONS
All other ordinances and agreements and parts of ordinances and agreements in
conflict with the provisions of this Ordinance are hereby repealed.
SECTION 20 - NOT EXCLUSIVE ORDINANCE
That nothing herein contained shall be construed as giving to the TELEPHONE
COMPANY exclusive rights under this Ordinance.
SECTION 21 - INDEMNITY
The TELEPHONE COMPANY, as a condition of the grant of the rights and privileges
hereunder, and in consideration thereof, shall indemnify and hold the CITY harmless
against all claims for damages to persons or property by reasons of the construction,
maintenance and operation of the TELEPHONE COMPANY'S FACILITIES, and conduct
of its business, or in any way growing out of the granting of this Ordinance, directly,
or indirectly, including any court costs, expenses and defenses thereof, when such
injury shall have been caused by the negligent act or omission, or misconduct, of the
TELEPHONE COMPANY or any of its officers, agents or employees, or by any person
for whose negligent act or omission or misconduct the TELEPHONE COMPANY is by
law responsible. This indemnity shall only apply to the extent that the loss, damage
�-...,.� or injury results from the negligence or wrongful act or omission of the TELEPHONE
COMPANY, its officers, agents or employees, and does not apply to the extent such
loss, damage or injury is attributable to the negligence or wrongful act or omission of
the CITY, or the CITY'S agents, representatives or employees or any other person or
entity. This provision is not intended to create a cause of action or liability for the
benefit of third parties but is solely for the benefit of the TELEPHONE COMPANY and
the CITY.
SECTION 22 - FUTURE CONTINGENCY
Notwithstanding anything contained in this Ordinance to the contrary, in the event
that (a) this Ordinance or any part hereof, (b1 any tariff provision by which the
TELEPHONE COMPANY seeks to collect the Charge imposed by this Ordinance, (c)
any procedure provided in this Ordinance, or (d) any compensation due the CITY under
this Ordinance, becomes, or is declared or determined by a judicial, administrative or
legislative authority exercising its jurisdiction to be excessive, unrecoverable,
unenforceable, void, unlawful or otherwise inapplicable, in whole or in part, the
,�, TELEPHONE COMPANY and CITY shall meet and negotiate a new ordinance that is
'� in compliance with the authority's decision or enactment and, unless explicitly
I�' '� GTE93.ORD _ 13 _ REVISED: 07-15-93
,�,.:�
prohibited, the new ordinance shall provide the CITY with a level of compensation
comparable to that set forth in this Ordinance provided that such compensation is
recoverable by the TELEPHONE COMPANY in a mutually agreed manner permitted by
law for the unexpired portion of the term of this Ordinance.
SECTION 23 - ORDINANCE PASSED AT PUBLIC MEETING
It is hereby officially found and determined that the meeting at which this Ordinance
is passed is open to the public as required by law and that public notice of the time,
place and purpose of said meeting was given as required.
SECTION 24 - FUTURE AMENDMENTS .
This Ordinance governing street use may be amended at any time by the mutual
agreement of the CITY and the TELEPHONE COMPANY. It is understood that the �
TELEPHONE COMPANY is currently in the process of negotiating similar ordinances
with other cities throughout the state. It is understood and agreed that if an
ordinance governing street use with another city in this state contains a provision
which the CITY feels would be more advantageous to it than the terms hereof, the
CITY may require that portion of this Ordinance be reopened for negotiation. The
'�" ' intent of the parties is that the CITY will be entitled only to treatment comparable to '
that which was afforded under the ordinance with the other city giving due
'�° consideration to the contextual meaning of the provision on which renegotiation is �
sought and the effect of the proposed amendment on the meaning of the ordinance '
as whole. Under no circumstance may an amendment result in a higher level of j
compensation than that level produced by those methodologies utilized by the {
TELEPHONE COMPANY to calculate compensation to other cities in Texas nor may '
an amendment be applied retroactively. '
SECTION 25 - ACCEPTANCE OF AGREEMENT
That the TELEPHONE COMPANY 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 October 1, 1993.
"'�' GTE93.ORD _ 14 _ REVISED: 07-15-93
�,� PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on first reading on this sth day of .luly , 1993.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ON second and final reading on this 1�th day of
August , 1993.
APPROVED:
--�
William D. Tate
Mayor
ATTEST:
in Huff
City Secretary
; � �
�.
APPROVED AS TO FORM:
John F. Boyle Jr.
City Attomey
�
`�" GTE93.ORD _ �5 _ REVISED: 07-15-93
�
' ACCEPTED:
�
GTE SOUTHWEST INC RA
NAME: James A. Sprigqs
TR�; Regional Vice President-General Manager
DATE OF ACCEPTANCE: August 30, 1993
--,
'�,..,;
� :,
—" GTE93.ORD _ �g _ REVISED: 07-15-93
�� ATTACHMENT "A"
MEMORANDUM OF AGREEMENT
The CITY and TELEPHONE COMPANY hereby agree as follows.
The Grapevine Telephone Directory published by GTE Southwest Incorporated, after
August 31, 1992, shall contain the telephone numbers of all listed telephone
subscribers within the corporate limits of the City of Grapevine, regardless of the
company providing telephone service.
This agreement shall run concurrent in term with the Municipal Fee Agreement
between the CITY and TELEPHONE COMPANY, Ordinance No. 93-34 , effective
October 1, 1993.
APPROVED:
�
William D. Tate
,� Mayor
ATTEST:
. i�
Lin Huff
City Secretary
APPROVED AS TO FORM:
�
John F. Boyle Jr.
�
City Attorney
`�,"' - 1 -
I
' ACCEPTED:
1
GTE OUTHWEST I RPO ED
NAME: James A. Spriggs
TITLE: Regional Vice President-General Manager
DATE OF ACCEPTANCE: August 30, 1993
_._.l
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