OR 98-826 Grants Southwestern Bell consent for use of public rights-of-way AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 98826
AN ORDINANCE GRANTING SOUTHWESTERN BELL
TELEPHONE COMPANY, A MUNICIPAL CONSENT FOR THE USE AND
OCCUPANCY OF THE PUBLIC RIGHTS-OF-WAY; PROVIDING FOR
FEES; PROVIDING FOR RULES GOVERNING USE; PROVIDING A
REPEALING COST; PROVIDING A SEVERABILITY COST; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That a municipal consent is granted under Chapter 9-20 of the Code of
Ordinances of the City of Coppell, Texas. Pursuant to this consent. Southwestern Bell Telephone
Company, (hereina~ter "Grantee") agrees to comply with all provisions oF Chapter 9-20 of the City
of Coppell Code of Ordinances, entitled "Telecommunications ."
SECTION 2.
(a) Grantee shall pay to the City a municipal consent fee for the use and
occupancy of the public rights-of-way, calculated in accordance with
Section 9-20-12 of the Code of Ordinances.
(b) If the City Council adopts an altemative method of calculating the
compensation growth factor pursuant to Section 9-20-12(A)(2) of the Code
of Ordinances, the Grantee agrees to pay the City in accordance with the
approved method.
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SECTION 3. Grantee agrees to immediate compliance with Sections 9-20-19 and 9-20-20,
of the City's Code of Ordinances relating to construction obligations and occupancy of the rights-of-
way.
SECTION 4. All notices required under Chapter 9-20 shall be directed as follows:
(a) All notices to the City shall be to:
Director of Information Services
The City of Coppell, Texas
P.O. Box 478
Coppell, Texas 75019
(b) All notices to grantee shall be to:
Regional Director, External Affi~rs
2200 N. Greenville Ave
Suite 1E
Richardson, Texas 75082
SECTION 5. Grantee agrees to comply with Section 9-20-21 relating to insurance
requirements, and shall file with the City's Risk Manager a copy of a certificate of self-insurance
evidencing the following coverages:
Type: Amount:
Worker's Compensation: and Statutory
Employers Liability $100,000/$500,000/$100,000
Commercial General (public) Liability-
to include coverage for the following
where the exposure exists:
(i) Premises operations Combined single limit for
(ii) Independent contractors bodily injury and property
(iii) Products/completed operations damage $100,000 per
occurrence or its equivalent
(iv) Personal injury
(v) Contractual liability
(vi) Explosion, collapse and
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undergrotmd property damage
Comprehensive Automobile insurance coverage for loading and unloading hazards, for:
(i) Owned/leased automobiles Combined single limit for bodily
(ii) Non-owned automobiles injury and property damage
(iii) Hired automobiles $100,000 per occurrence or its
equivalent
SECTION 6. Grantee agrees:
(a) During the term of a mtmicipal consent, Grantee is liable for the acts or
omissions of an entity used by Grantee, including an affiliate, when the entity is
involved directly or indirectly in the construction and installation of the
Grantee's facilities. The acts or omissions of the entity shall be considered the
acts or omissions of the Grantee.
(b) Grantee shall defend, indemnify and hold the City harmless against all
damages, cost. loss or expense arising out of, incident to, concerning or
resulting from the negligence or willful misconduct of Grantee, its agents.
employees. or subcontractors, in the performance of activities under the
municipal consent for:
(1) the repair, replacement, or restoration of City property, equipment,
materials, structures and facilities which are damaged, destroyed or
found to be defective; and
(2) any and all claims, demands, suits, causes of action. and judgments
for:
(a) damage to or loss of the property for any person including
but not limited to Grantee, its agents, officers, employees,
and subcontractors, the City's agents, officers and
employees. and third parties; and
(b) death, bodily injury, illness, disease, worker's compensation.
loss of services, or loss of income or wages to any person
including but not limited to the agents, officers, and
employees of the Grantee, the Grantee's subcontractors, the
City, and third parties, no matter hovv, or to whom. the loss
may occur.
(c) The City shall give prompt written notice to a Grantee of any claims for
~vhich the City seeks indemnification. The Grantee shall have the right to
investigate, defend and compromise these claims subject to the City's prior
approval.
SECTION 7.
This consent is granted for a term of two years beginning on the effective date of the
ordinance.
SECTION 8.. This consent is subject to termination by the City Council, after notice and
hearing, for Grantee's failure to comply ~vith any of the terms of the Code of Ordinances, Chapter
9-20, or this municipal consent.
SECTION 9. That Grantee has filed with the City Secretary a statement accepting the
terms of this municipal consent prior to the effective date of this ordinance.
SECTION 10. That all provisions of the ordinances of the City of Coppell, Texas in
conflict with the provisions of this ordinance be, and the same are hereby repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 11. That should any word, phrase or part of this ordinance be held to be
unconstitutional, illegal or invalid, the same should not affect the validity of this ordinance as a
whole, or any part of provision thereof other than the pan so decided to be unconstitutional, illegal
or invalid, and shall not effect the validity of the ordinance as a whole.
SECTION 12. That this ordinance shall take effect immediately from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the f-4 ~(- day
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ATTEST:
K~THLEEN ROACH, CITY SECRETARY
APPRQVED AS TO FORM:
PETER G. SMITH, CITY ATTORNEY
(PGS/mmf 03/18/98)
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