OR 98-825 Telecommunication definitions, fees & rules for government use AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 98825
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY
OF COPPELL TO ADD ARTICLE 9-20, TELECOMMUNICATIONS;
PROVIDING DEFINITIONS; PROVIDING FOR FEES; PROVIDING FOR
RULES GOVERNING USE; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS
($~00.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That Chapter 9 of the Code of Ordinances of the City of Coppell, Texas, be
and the same is hereby amended in part to add Article 9-20 to provide regulations for the use of City
rights-of-way by providers of Telecommunications Services to read as Collows~
"ARTICLE 9-20 TELECOMMUNICATIONS
Sec. 9-20-1 FINDINGS AND PURPOSE
A. The City Council makes the Following findings:
(1) It is in the public interest to promote competition in
telecommunications services and the availability of broadband
transmission services to all residences and businesses.
(2) It is in the public interest for the City to exercise the historical right
to control access of and to manage the City's rights-of-way and to
obtain reasonable compensation for the use of City propepty.
(3) This article establishing rules governing the use ofthe City's rights-
of-way is authorized by the City Chapter, and other State and
Federal law.
(B) The purpose of this article is to establish a competitively neutral policy for
use of public rights-of-way for the provision of telecommunications
services to enable the City~
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(1) to permit non-discfiminatory access to the public fights-of-way for
Proriders of telecommunications services;
(2) to manage the public fights-of-way to minimize the effects and cost
to the public of locating telecommunications facilities within the
rights-of-way;
(3) to obtain fair and reasonable compensation for the commercial use
of public fights-of-way through collection of fees and charges;
(4) to promote competition among telecommunications service
providers and encourage the universal availability of modern
telecommunications services to all residents and businesses of
Coppell; and
(5) to minimize congestion, inconvenience, visual blight and other
adverse effects on the City's public fights-of-way.
Sec. 9-20-2 AUTHORITY; SCOPE
(A) This chapter applies to all telecommunication service proriders
CProviders') under Subchapter II of the Communications Act of 1934, as
amended, (47 U.S.C. 201 et seq.) ("Subchapter IF') excluding services
provided solely by means of a wireless transmission, and as further defined
below. No consent granted under this chapter authorizes the provision of
any services not covered by Subchapter II. Cable service and open video
systems as defined in Subchapter VI of the Communications Act of 1934
and any other content service are expressly excluded.
(B) The right of a person to apply for or to use utility infrastructure shall be
governed by this chapter. The grant of a municipal consent under this
chapter does not grant attachment rights or authorize the use of utility
infrastructure.
Sec. 9-20-3 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
Affiliate means a person who controls, is controlled by, or is under
common control with a Prorider. Aff'diate does not include a person who
services end use customers by means of a wireless transmission. There is a
rebuttable presumption of control if a Provider owns at least 25% of the
a~Tdiate's stock or assets.
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Direct Cost means all expenses of a Provider for labor and materials
associated with a specific activity or functions excluding overhead.
City Manager means the City Manager of the City of Coppell, or the City
Manager's designee.
Director of Finance means the Director of the Finance Department of the
City of Coppell, or the Director's designee.
Director of Information Services means the Director of Information
Services of the City of Coppell, or the Director's designee.
Director of Public Works means the Director of the Public Works of the
City of Coppell, or the Director's designee.
Risk Manager means the Director of Human Resources and
Administrative Services of the City of Coppell, or the Director's designee.
Line means each access line consisting of transmission facilities connected
between the end use customer's premises network interface within the City
and the telecommunications Provider's serving facilities, (these serving
facilities include: central office facilities, distribution frame facilities of
other similar facilities) that allow delivery of telecommunications services
within the City; or each channel termination point or points of a non-
switched telephone circuit, or high capacity circuit dedicated for
transmission of voice, data, and imaging between specific locations
identified by an end use customer.
Municipal Consent means the right granted by ordinance to a person to
use public rights-of-way to provide telecommunications services within the
city to the public or to other providers.
Payment Year means October I of one year through September 30 of the
following.
Person means an individual, corporation, association, partnership, or other
entity.
Pr0vider means a person that delivers telecommunication services within
the city to the public and either:
(1) has been granted a certificate under Art. 1446c-O, Title 3
V.A.C.S. ("PUPA 95") or other certificate; or
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(2) operates or uses a telecommunications network within the
city; or
(3) directly or indirectly owns, controls, operates or manages
plant, equipment or property within the public rights-of-way
in the City, used or to be used for the purpose of offering
telecommunications service.
Provider does not include persons who are authorized by the city to occupy
the public fights-of-way in specifically approved routes within the city,
unless they have a consent under this Chapter. Provider does not include
persons who are repurchasers of services or have purchased access to a
Provider's network, but have no ownership interest in the network.
Public Rights-of-Way means the surface, the air space above the surface,
and the area below the surface of a public street, highway, lane, path, alley,
sidewalk, boulevard, drive, bridge, tunnel, easement, or similar property in
which the City holds a property interest or exercises rights of management
or control.
Telecommunicatlons Services means all transmissions between or among
points identified by the user, of information of the user's choosing,
including voice, imaging or data, without change in content of the
information as sent and received, if the transmissions are accomplished
through a telecommunication network. Telecommunication services
includes ancillary or adjunct switching services and signal conversions
rendered as a function of underlying transmission services, but excludes
long distance transmissions, interLATA (local access transport area) and
intraLATA toll transmissions. Telecommunication services only includes
Subchapter II services and expressly excludes cable services or open video
systems as defined in Subchapter iV of the Communications Act of 1934,
as amended, and other content services.
Access Lines means the transmission facilities connected between the end
use customer's premises network interface within the City and the serving
facilities (including but not limited to, central office facilities, distribution
frame facilities, or other similar facilities) which provide access to the local
and toll switched network. The term Access Lines does include
Termination Point. A Provider's Interoffice-transport and other
transmission facilities that do not terminate at the end-use customer's
network interface device are not lines that would be separately identified
for calculation of the municipal consent fee.
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Termination Point means each channel termination point or points
dedicated for the use between specific locations within the City by a end
use customer.
Telecommunications Facilities means the plant, equipment and property,
including but not limited to cables, wires, conduits, pedestals, poles,
antennae, electronic and other appurtenances used or to be used to
transmit, receive, distribute, provide or offer telecommunications ser,,ice.
Telecommunications Provider means and includes every person who
provides te]ecommunications service over telecommunications facilities
without any ownership or management control of the facilities.
Sec. 9-20-4 TELEVISION/ENTERTAINMENT SERVICES
Except as otherwise provided herein, any Prorider who desires to construct,
install, operate, maintain or locate telecommunications facilities on City property
or in any public rights-of-way For the purpose of providing any services subject to
the Cable Television Consumer Protection and Competition Act of 1992, or any
subsequent amendment, to persons in the City shall first obtain a required franchise
from the City.
Sec. 9-20-5 MUNICIPAL CONSENT REQUIRED.
A. A person may not deliver telecommunications in the City by means of a
te]ecommunications facilities within the rights-of-way unless the municipal
consent has been obtained from that network.
B. The use of public rights-of-way for the delivery of any service not covered
by this chapter are subject to all other applicable City requirements.
Sec. 9-20-6 APPLICATION FOR MUNICIPAL CONSENT.
A. A person must submit an application to the Director of Information
Services to grant, renew, extend, amend, or transfer a municipal consent.
B. The application must be on a form prescribed by the Director of
Information Services, and it must include the following:
(1) a description of the services to be provided;
(2) an outline of the applicant's proposed network, if any, and
(3) a description of the effect on the public rights-of-way, if any.
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C. Each applicant shall submit a non-refundable application fee with the
application, in an amount to be established by Resolution of the City
Council.
D. The ordinance shall have no affect on any existing franchise ordinance or
franchise agreement until:
(1) the expiration of said franchise ordinance or agreement; or
(2) an amendment is added to an unexpired franchise ordinance or
franchise agreement, unless both parties agree to defer full
compliance to a specific date not later than the present expiration
date.
Sec. 9-20-7 RECOMMENDATION ON APPLICATION.
The Director of Information Services and the Telecommunication Board shall
review an application submitted under this article. The Telecommunication Board
shall make a recommendation to the City Council that it grant or deny the
application. The Director shall present the recommendation to the City Council no
later than the 90th day after an application is filed.
Sec. 9~20-8 MUNICIPAL CONSENT ORDINANCE.
A. If the Director of Information Services finds that the application meets the
requirements of this chapter, the Director shall request the City Attorney to
prepare a municipal consent ordinance for the City Council's consideration.
B. A municipal consent ordinance submitted to the City Council must include
the following provisions:
(1) a term of no less than one year and no more than three years for the
consent agreement, as requested by the applicant in the application;
(2) a requirement that the Provider comply with this chapter;
(3) a requirement that the Provider's municipal consent is subject to
termination by the City Council, after notice and hearing, for the
Provider's failure to comply with this chapter or on a showing that
the Provider has breached the terms of the municipal consent;
(4) a provision that incorporates the requirements of Sections 9-20-19,
9-20-20, and 9-20-21 of this chapter; and
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(5) a provision that allows for adjustments to the municipal consent fee
calculation method with the agreement of the Provider, if the fees
authorized by this article are changed by the City Council.
Sec. 9-20-9 PETITION FOR RECONSIDERATION
The act of granting, amending, denying or terminating a municipal consent is a
legislative function within the discretion of the City Council. A person whose
application for a municipal consent is denied, is not considered by the City Council
on or before the 451h day after the Director submits a recommendation under 9-
20-6, or whose municipal consent is terminated must petition the City Council for
reconsideration before seeking judicial remedies. A petition is considered denied if
the City Council does not act within 45 days after the petition is filed with the City.
Sec. 9-20-10 ADMINISTRATION AND ENFORCEMENT.
A. The Director of Information Services shall administer this article and
enforce compliance with a municipal consent granted under this article.
B. A Provider shall report information that the Director requires in the form
and manner prescribed by the Director relating to the use of public fights-
of-way for the telecommunications services authorized by a municipal
consent granted under this article.
C. The Director shall report to the City Council the Director's determination
that a Provider has failed to comply with this article.
Sec. 9-20-11 APPLICABILITY.
A. The requirement of obtaining municipal consent applies only to Providers
that own or control physical telecommunication facilities in the public
fight-of-way. All Providers assume full liability and responsibility for
compliance with this Article, as it relates to all telecommunication facilities
owned or controlled by them, including those portions, if any, which have
been resold, leased to, or are otherwise used by other persons.
B. Whenever applicable, Providers must file a report with the Director
indicating those lines, bundles, or other facilities subject to the municipal
consent which are, or will, be utilized by some person other than the
Provider. This report must provide information regarding the identity of
the other person(s), the underlying agreement for use of the facilities, and
any other information required by the Director regarding the use of the
Provider's facilities by other parties.
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Sec. 9-20-12 COMPENSATION TO CITY.
A. To compensate the City for the use and occupancy of the public fights-of-
way, a Provider shall pay a municipal consent fee calculated as follows:
(1) Municipal consent fee:
(a) Following the effective date of this article, a provider shall
submit to the Director of Finance on a quarterly basis a
certified statement, with the municipal consent fee payment,
indicating the number of lines used to provide
telecommunications services at month end, for each month
of the quarter, excluding any line leased by or used to
deliver services by providers that remit municipal consent
fees directly to the City. The statement shall be provided on
a form prescribed by the Director of Finance. The due dates
shall be May 15, August 15, November 15 and February 15.
(b) The Provider may exclude from the statement any line
leased or used by a person other than the Provider, only if
prior arrangements have been made between the Provider
and the City to allow the aforementioned person to remit
the municipal consent fees associated with those lines
directly to the City. The Prorider is fully and solely
responsible for ensuring submittal of a statement and
payment as required by this Article for any
telecommunications facilities lines used, and for ensuring
payment by any third person under the aforementioned
arrangement.
(c) For each month of the quarter a Provider shall pay a
municipal consent fee based on its number of lines
calculated as follows:
Monthly Amount
To be established by Resolution
of the City Council
(d) The Director of Finance shall notify a Provider of the
amount it owes if the consent fee is in error.
(2) Adjustments to municipal consent fee:
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(a) For each payment year, after the year of enactment of the
Resolution establishing the municipal consent fee amounts,
the municipal consent fee shall be determined by multiplying
the previous year's line calculation amounts set forth in
Subsection (A) (1) of this section by a growth factor. The
growth factor is calculated by dividing the total of all the
Provider's aggregate revenue subject to the state
telecommunications sales tax, under TEX. TAX CODE ANN.
151.0103, for the twelve month period ending June 30 of
the current year (payment year minus one) by the aggregate
revenue subject to the state telecommunications sales tax
for the twelve month period ending June 30 of the
preceding year (payment year minus two years.)
(b) A Provider shall report to the Director of Finance revenue
subject to the state telecommunications sales tax within
Coppell on August 15 of each year in a form prescribed by
the Director consistent with this section.
(c) On or before September 1, the Director shall notify each
provider of the municipal consent fee applicable for the
subsequent payment year.
(d) In the event of a substantial change in services subject to the
state telecommunications sales tax or other changes
substantially affecting the appropriateness of the municipal
consent fee considering the purposes of this article, the City
Council may adopt an alternative method of calculating the
growth factor to result in substantially the same aggregate
fee amounts, or establish a new municipal consent fee.
B. A Provider that does not own or operate a network and that demonstrates
to the City that the lines it utilizes for resale of services from other
providers are included in the other Provider's fee calculation is not required
to comply with the payment requirement of Sec. 9-20-12 A(1)(b). A
Provider excluded from payment requirements pursuant to this section shall
report to the Director changes in operation that may affect the availability
of this payment option before the end of the quarter in which payment
would otherwise be required.
C. A Provider may pass through to customers the municipal consent fee on a
prorata basis at its discretion, as permitted by state law. The fee
calculation amounts set forth in Subsection (A) are established solely for
the purpose of allocating the fee fairly. The amounts set forth are not
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intended to represent, nor does the City require or recommend, a charge on
a per line or customer basis.
See. 9-20-13 FEE PAYMENTS.
A. A prorider shall remit the required municipal consent fee on a quarterly
basis together with the certified statement required in Section 9-20-12
A(1)(a) by wire transfer to an account designated by the Director of
Finance.
B. Payment shall be made on or before the 45th day following the dose of
each calendar quarter for which the payment is calculated.
C. The Director may waive the requirement of the wire transfer.
Sec. 9-20-14 AUDITS
A. On 30 days notice to a Provider the City may audit a Prorider at any time.
The Provider shall furnish information to demonstrate its compliance with
the consent.
B. A Prorider shall keep complete and accurate books of accounts and
records of business and operations in accordance with generally accepted
accounting principles for a period of five years. If the Federal
Communications Commission requires, a Prorider shall use the system of
accounts and the forms of books, accounts, records and memoranda
prescribed in 47 CFR Part 32 or its successor. The Director of Finance
may require the keeping of additional records or accounts that are
reasonably necessary for purposes of identifying, accounting for, and
reporting the number of lines used to deliver telecommunications services.
The City may examine the Provider's books and records.
C. A Provider shall make available to the City, for the City to examine, audit,
review and copy, in Coppell, on the Director's reasonable written request
(45 day notice), its books and records including papers, books, accounts,
documents, maps, plans and other Provider records pertaining to a
municipal consent granted under this chapter. A Provider shall fully
cooperate in making records available and otherwise assist the City. The
City shall not make copies of customer-specific information. The City's
right to examine a Provider's books and records expressly excludes the
right to examine any records, documents or other writings the disclosure of
which is prohibited by State or Federal law.
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Sec. 9-20-15 TRANSFER
A. A Prorider may not transfer a municipal consent unless the City Council
approved the transfer by ordinance.
B. A change in control of a Prorider is a transfer requiring City Council
approval. A change of 25 percent or greater in the ownership of the
Prorider establishes a rebuttable presumption of a change in control.
C. If a Provider attempts to transfer or transfers the Provider's municipal
consent without approval of the City Council, the City Council may revoke
the municipal consent. If a municipal consent is revoked, all rights of the
Prorider, and any other person using lines under the consent end.
D. A Provider may transfer, without City Council approval, the facilities in the
rights-of-way under a municipal consent to the Provider's affiliate or to
another Prorider who has a municipal consent under this chapter. The
Prorider transferring the facilities remains subject to all applicable
obligations and provisions of the municipal consent unless the Prorider to
which the facilities are transferred is also subject to these applicable
obligations and provisions. The Prorider transferring must give written
notice of the transfer to the City Manager under the requirements of
Section 18-8-15 D.
Sec. 9-20-16 NOTICES TO CITY
A. A provider shall notify the Director of Information Services in writing
contemporaneously with the transmittal of all petitions, applications,
written communications, and reports submitted by the Prorider, to the
Federal Communications Commission and the Public Utility Commission,
or their successor agencies relating to matters affecting both the use of
public rights-of-way and the telecommunications services authorized by a
municipal consent. It is not the Council's intent that failure to comply with
this section constitutes and automatic breach of a municipal consent. In
case of a failure to comply, a Provider shall have an additional 15 days to
furnish the documents.
B. If a Prorider notifies the City of the confidential nature of information, the
Director shall maintain the con~dentiality of the information to the extent
permitted by law.
C. A Prorider shall submit to the City on an annual basis the amounts reported
to the State Comptroller of Public Accounts regarding revenue subject to
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the state telecommunication sales tax in the City, as described in Section 9-
20-12 A(2)(a).
D. A Prorider shall give written notice to the City not later than 15 days
before a transfer or change in operations that may affect the applicability of
Sections 9-20-17, 9-20-18, 9-20-19, 9-20-20, and 9-20-21 to the Provider.
Sec. 9-20-17 CIRCUMVENTION OF FEE PROHIBITED
A person may not circumvent payment of municipal consent fees or evade payment
of fees by battering, transfer of rights, or by any other means that result in
undercounting a Provider's number of lines. Capacity or services may be battered
if the imputed lines are reported in accordance with Section 9-20-12.
Sec. 9-20-18 REVOCATION OR TERMINATION OF MUNICIPAL CONSENT
A municipal consent granted by the City to use or occupy City property or public
rights-of-way may be revoked for the following reasons:
(1) Construction on City property or in the public rights-of-way at an
unauthorized location;
(2) Unauthorized sale, assignment or transfer of Grantee's municipal
consent, or a substantial interest therein.
(3) Misrepresentation of a material fact by a Grantee or any of
Grantee's officers, employees or agents in any application to the
City.
(4) Unauthorized abandonment oftelecommunications facilities on City
property or in the public fights-of-way.
(5) Failure to relocate or remove facilities or the failure to reimburse
the City for the involuntary relocation or removal of facilities as
required in this ordinance.
(6) Failure to pay compensation, fees or costs when and as due to the
City.
(7) Insolvency or bankruptcy of the Grantee.
(8) Violation of material provision of this ordinance.
(9) Violation of the material terms of a franchise agreement.
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Sec. 9-20-19 CONSTRUCTION OBLIGATIONS.
A. A Provider is subject to the police powers of the City, other governmental
powers, and the City's rights as a property owner under State and Federal
laws. A Provider is subject to City requirements and federal and state rules
in connection with the construction, expansion, reconstruction,
maintenance or repair of facilities in the public rights-of-way.
B. A Provider shall place certain facilities underground according to
applicable City requirements.
C. At the City's request, a Provider shall furnish the City accurate and
complete information relating to the construction, reconstruction, removal,
maintenance, operation and repair of facilities performed by the Provider in
the public rights-of-way. If any information furnished is erroneous as to
the location of facilities, and reliance on this information results in
construction delays or additional expenses, the Provider who furnished the
erroneous information shall be liable for the cost of delays and the
additional expenses.
D. The construction. expansion, reconstruction, excavation, use, maintenance
and operation of a Provider's facilities and property are subject to
applicable City requirements.
(1) A Provider shall perform excavations and other construction in the
public rights-of-way in accordance with all applicable City
requirements, including the obligation to use trenchless technology
whenever possible. A Provider shall minimize interference with the
use of public and private property and shall follow the construction
directions given by the City.
(2) When a Provider completes construction work, a Provider shall
promptly restore the public rights-of-way in accordance with
applicable City requirements. All trees, landscaping, irrigation
systems, and grounds removed, damaged or disturbed as a result of
the construction, installation, maintenance, repair or replacement of
telecommunications facilities shall be replaced or restored in
accordance with streetscape plans. Upon request of Provider, the
City will undertake restoration of landscaping and grounds and will
bill Provider for applicable costs and charges connected with
materials and labor. A Provider may excavate only for the
construction, installation, expansion, repair, removal, and
maintenance of the Provider's facilities.
Page - 13 ~ ss 14343
(3) The City may require a Provider to allow attachment of another
Provider's facilities to its poles and conduits, in accordance with
State and Federal law.
(4) A Provider shall furnish the Director of Public Works with
construction plans and maps showing the routing of new
construction at least 45 days before beginning construction that
involves an alteration to the surface or subsurface of the public
fight-of-way. A Provider may not begin construction until the plans
and drawings have been approved in writing by the Director of
Public Works.
(5) If the Director declares an emergency and requests the removal or
abatement of facilities, by written notice, a Provider shall remove or
abate the Provider's facilities by the deadline provided in the
Director's request. A Provider and the City shall cooperate to the
extent possible to assure continuity of service. If a Provider, after
notice, fails or refuses to act, the City may remove or abate the
facility, at the sole cost and expense of the Provider, without paying
compensation to the Provider and without the City incurring
liability for damages.
(6) Except in an emergency, a Provider may not excavate the pavement
of a street or public right-of-way without first complying with City
requirements.
(7) Within 120 days of completion of each new segment ofa Provider's
facilities, a provider shall supply the City with a complete set of "as
built" drawings for the segment in a format prescribed by the
Director of Public Works. A Provider must obtain the City's
approval before relocating the Provider's facilities in the public
rights-of-way. The City may not reasonably withhold approval. A
Provider shall furnish a revised map including additional facilities on
June 30 of each year to the Director of Public Works showing how
these facilities connect to existing facilities.
Sec. 9-20-20 CONDITIONS OF RIGHTS-OF-WAY OCCUPANCY.
A. In the exercise of governmental functions, the City has first priority over all
other uses of the public rights-of-way. The City reserves the right to lay
sewer, gas, water, and other pipe lines or cables and conduits, and to do
underground and overhead work, and attachment, restructuring or changes
in aerial facilities in, across, along, over or under a public street, alley or
Page - 14 - ss 14343
right-of-way occupied by a Provider, and to change the curb, sidewalks or
the grade of streets.
B. The Director of Public Works shall assign priorities among competing uses
of the public rights-of-way according to the order of completed permit
applications.
C. If, during the term of a municipal consent, the City authorizes abutting
landowners to occupy space under the surface of any public street, alley, or
rights-of-way, the grant to an abutting landowner shall be subject to the
rights of the prorider. If the City closes or abandons a public right-of-way
that contains a portion of a provider's facilities, the City shall convey the
land in the closed or abandoned public right-of-way subject to the fights
granted in the municipal consent.
D. lfthe City gives written notice, a Prorider shall, at the Provider's expense,
temporarily or permanently, remove, relocate, change or alter the position
of Provider's facilities that are in the public rights-of-way within 120 days.
The City shall give notice whenever the City has determined that removal,
relocation, change or alteration is reasonably necessary for the
construction, operation, repair, maintenance, or installation of a City or
other governmental entity's public improvement in the public rights-of-
way. This section shall not be construed to prevent a Provider's recovery
of the cost of relocation or removal or from governmental entities that have
funds authorized for the payment of the relocation or removal costs. In the
event of joint relocation projects, a Prorider shall be responsible for its
proportionate share of the relocation costs.
E. During the term of its municipal consent, a Prorider may trim trees in or
over the rights-of-way for the safe and reliable operation, use and
maintenance of its network. All tree trimming shall be performed in
accordance with standards promulgated by the City, if applicable. When
ordered by the City Manager, tree trimming shall be done under the
supervision of the City.
F. A Prorider shall temporarily remove, raise or lower its aerial facilities to
permit the moving of houses or other bulky structures, if the moving
company gives written notice of no less than 48 hours to the Prorider. The
expense of the temporary rearrangement shall be paid by the party or
parties requesting and benefiting from the temporary arrangement. The
Provider may require prepayment or prior posting of a bond from the party
requesting the temporary move.
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Sec. 9-20-21 INSURANCE REQUIREMENTS
A. A Prorider shall obtain and maintain insurance in the amounts prescribed
by the City Manager with an insurance company licensed to do business in
the State of Texas acceptable to the City Manager throughout the term of a
municipal consent granted under this chapter. A Prorider shall furnish the
City with proof of insurance at the time of filing the acceptance of a
municipal consent. The City reserves the right to review the insurance
requirements during the effective period of a municipal consent, and to
reasonably adjust insurance coverage and limits when the City's Risk
Manager determines that changes in statutory law, court decisions, or the
claims history of the industry or the Prorider require adjustment of the
coverage. For purposes of this section, the City will accept certificates of
self-insurance issued by the State of Texas providing the same coverage.
B. The City Manager may, on request and at no cost to the City, receive
copies of certificates of insurance evidencing the coverage required by this
section. The City Manager may request the deletion, revision or
modification of particular policy terms, conditions, limitations or
exclusions, unless the policy provisions are established by a law or
regulation binding the City, the Provider, or the underwriter. If the City
Manager requests a deletion, revision or modification, a Provider shall
exercise reasonable efforts to pay for and to accomplish the change.
(1) An insurance certificate shall contain the following required
provisions:
(a) name the City of Coppell and its officers, employees, board
members and elected representatives as additional insureds
for all applicable coverage;
(b) provide for 30 days notice to the City for cancellation, non-
renewal, or material change;
(c) provide that notice of claims shall be provided to the Office
of Risk Management by certified mail;
(d) provide that the terms of the municipal consent which
impose obligations on the Prorider concerning liability, duty
and standard of care, including the indemnity section, are
included in the policy and that the risks are insured within
the policy terms and conditions.
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C. A Provider shall file and maintain proof of insurance with the Risk
Manager during the term of a municipal consent or an extension or
renewal. An insurance certificate obtained in compliance with this section
is subject to City approval. The City may require the certificate to be
changed to reflect changing liability limits. A Prorider shall immediately
advise the City Manager of actual or potential litigation that may develop
that would affect insurance coverage related to a municipal consent.
D. An insurer has no right of recovery against the City. The required
insurance policies shall protect the prorider and the City. The insurance
shall be primary coverage for losses covered by the policies.
E. The policy clause "Other Insurance" shall not apply to the City of Coppell
where the City is an insured under the policy.
F. The Provider shall pay premiums and assessments. A company which
issues and insurance policy has no recourse against the City for payment of
a premium or assessment. Insurance policies obtained by a Prorider must
provide that the issuing company waives all fight of recovery by way of
subrogation against the City in connection with damage covered by the
policy.
See. 9-20-22 INDEMNITY
A. During the term of a municipal consent, a prorider is liable for the acts or
omissions of an entity used by the prorider, including an affiliate, when the
entity is involved directly or indirectly in the construction and installation of
the provider's facilities. The acts or omissions of the entity shall be
considered the acts or omissions of the prorider.
B. Each municipal consent granted under this chapter shall contain a provision
that requires a prorider to 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 the
prorider, its agents, employees, or subcontractors, in the performance of
activities under the municipal consent for:
( l ) 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:
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(a) damage to or loss of the property of any person including,
but not limited to the provider, 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 prorider, the provider's subcontractors,
the City, and third parties, no matter how, or to whom, the
loss may occur.
C. The Risk Manager shall give prompt written notice to a Provider of any
claim for which the City seeks indemnification. The Provider shall have the
right to investigate, defend and compromise these claims subject to the
City's prior approval.
Sec. 9-20-23 RENEWAL OF MUNICIPAL CONSENT
A Provider shall request a renewal or a new consent by making written application
to the Director of Information Services at least six months before the expiration of
the consent.
Sec. 9-20-24 PRIVACY OF CUSTOMER INFORMATION.
A Provider shall comply with state and federal law regarding privacy of customer
information.
Sec. 9-20-25 ANNEXATION; DISANNEXATION.
In the event that the City either annexes territory from outside the boundaries of
the City or disannexes territory from within the boundaries of the City, the City
shall notify the Providers in writing of any annexation or disannexation within
thirty days following the date of passage of any action effecting the boundary
change, providing them with maps of the affected area. In accordance with the
rules of the Texas Comptroller of Public Accounts for the purposes of the local
sales and use tax, each Provider shall begin including in its monthly line count the
Access Lines and Termination Points within the annexed area on the date made
applicable for the imposition of local use and tax, but in no event earlier than thirty
days from the date on which the City provides its notification.
P age - 18 - ss 14343
Sec. 9-20-26 UNAUTHORIZED USE OF PUBLIC RIGHTS-OF-WAY.
A. A person commits an offense if a person uses the public rights-of-way to
provide a telecommunications service that has not been authorized by the
City.
B. A person commits an offense if a person places facilities on public
structures or utility infrastructure to provide a service not allowed under
the terms of a municipal consent or other authorization.
C. A person commit an offense if the person fails to comply with Section 18-
8-15 (D).
D. Each unauthorized use of the public rights-of-way and each unauthorized
placement of facilities constitutes a separate offense. Each day a violation
of this chapter occurs shall constitute a distinct and separate offense.
E. An offense under this section is a class C misdemeanor, punishable by a
fine of no less than $500.
SECTION 2, That all provisions of the Code of 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 3. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the
same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other
than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Code of Ordinances as a whole.
SECTION 4. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
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SECTION 5. That any person, firm or corporation violating any of the provisions of this
ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor
and, upon conviction in the municipal court of the City of Coppell, Texas, shall be subject to a fine not
to exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day said
violation is continued shall constitute a separate offense.
SECTION 6. That this ordinance shall take effect immediately from and after its passage and
the publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the 7--4- - day of
APPROVED:
ATTEST:
KATHLEEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH, ~RNEY
(PGS/rmuf 3~23~98)
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