OR 92-537 AT&T to install fiber optic system AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.92537
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER
6 OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS, BY
ADDING ARTICLE 6-12; PROVIDING DEFINITIONS, PROVIDING ANAGREEMENT
BETWEEN THE CITY OF COPPELL AND AMERICAN TELEGRAPH & TELEPHONE TO
INSTALL A FIBER OPTIC SYSTEM ON PUBLIC RIGHT-OF-WAY WITHIN THE CITY
OF COPPELL, TEXAS; PROVIDING FOR APPLICATION FOR A PERMIT;
REGULATING THE USE AND REPAIR OF THE PUBLIC RIGHT-OF-WAY; REQUIRING
MINIMUM SPECIFICATIONS; REQUIRING INSPECTION AND FEES; REQUIRING
INDEMNIFICATION OF GRANTOR; PROVIDING FOR THE DURATION OF THE
AGREEMENT; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1.
That Chapter 6 of the Code of Ordinances of the City of
Coppell, Texas be, and is hereby, amended by adding Article 6-12
to read as follows:
"ARTICLE 6-12. AMERICAN TELEPHONE & TELEGRAPH COMPANY
FIBER OPTIC SYSTEM.
Sec. 6-12-1. DEFINITIONS
As used in this Chapter, the following words
and phrases shall have the following meanings:
A. CITY - Means the City of Coppell, Texas,
a municipal corporation.
B. GRANTEE - Shall mean the American
Telegraph and Telephone Corporation
(AT&T).
C. PUBLIC RIGHT-OF-WAY - Means the right-of-
way of any public street, alley, avenue,
boulevard, lane or parkway within the
corporate limits of the City of Coppell,
Texas.
1
D. SYSTEM - Means a fiber optic cable system
for the transmission and distribution of
communication signals, including any and
all conduit, fiber optic cable, splicing
boxes, surface markers or other
facilities of Grantee located within the
Public Right-of-Way.
Sec. 6-12-2. AGREEMENT FOR LICENSE
The City and Grantee hereby agree that
American Telegraph and Telephone, hereinafter
referred to as "Grantee", shall have the right
and privilege to construct, operate and
maintain the fiber optic cable system as
described in "AT&T project "Adams 02 to Irving
project est. #EW84J90," filed with the City of
Coppell under permit application dated
December 12, 1991, in, upon, across, along,
over and under the specific Public Right-of-
Way of the City described in said application,
subject to terms and conditions contained
herein. Said application being made a part
hereof by reference.
Sec. 6-12-3. NON-EXCLUSIVE LICENSE
The right to use and occupy the Public Right-
of-Way of the City for purposes hereinafter
set forth shall not be exclusive.
Sec. 6-12-4. ASSIGNABILITY
If Grantee shall at any time sell or assign
its rights and privileges under this ordinance
to any other person, firm or corporation, the
assignment shall be in writing and a duly
executed copy of same shall be filed with the
Director of Public Works. Such assignment
shall not become effective until the assignee
shall have agreed in writing with the City to
become responsible for the full performance of
all the conditions, liabilities, covenants and
obligations contained in this ordinance, and
until such time as the assignment shall have
been approved by the City.
Sec. 6-12-5. COMPLIANCE WITH LAW
The System of the Grantee shall at all times
be installed, operated and maintained in
accordance with all laws, rules, regulations
2
and ordinances of the United States of
America, the State of Texas, and the City°
Sec. 6-12-6. APPLICATION FOR PERMIT
Any application for a system other than the
system described in Sec. 6-12-2 or any
expansion thereof, shall be made upon forms
approved by the Director of Public Works and
shall require an additional agreement in the
form of an amendment to this article, it being
understood that any system or expansion
thereof shall be subject to approval of the
City Council of the City of Coppell, Texas.
Sec. 6-12-7. PERMIT
All applications for permits under this
article shall be filed with the Director of
Public Works. Upon approval of the
application described in Sec. 6-12-7 and any
future application made hereunder, and the
payment of the application fee, the Director
of Public Works shall issue the permit
required for use of the Public Right-of-Way
for fiber optic telecommunications cable
system.
Sec. 6-12-8. USE AND REPAIR OF THE PUBLIC RIGHT-OF-WAY
A. Grantee's System shall be installed,
operated and maintained in such a manner
as will, consistent with reasonable
necessity, least interfere with other
public uses of the Public Right-of-Way,
and in accordance with plans and
specifications submitted to and approved
by the Department of Public Works of the
City. No construction shall commence
until such plans and specifications have
been approved by the Department of Public
Works of the City.
B. Except in cases of emergency, Grantee
shall give at least forty-eight (48)
hours notice of its intent to excavate or
disturb the surface of any Public Right-
of-Way to the Director of Public Works of
the City. After such excavation or
disturbance, the Grantee shall, with due
diligence and dispatch, place the Public
Right-of-Way in a condition acceptable to
3
the City. Grantee shall notify City the
next business day of any emergency work
undertaken.
Co Upon Grantee's failure to commence or
complete any construction, maintenance or
restoration work required by this chapter
with due diligence and dispatch, the City
may cause such work to be done after
written notice to Grantee, given so as to
afford Grantee an opportunity to commence
and complete such work within such time
as designated in the said Notice. The
cost of such construction, maintenance or
restoration incurred by City upon
Grantee's failure shall then be charged
and collected from the Grantee. Said
costs shall be paid within thirty (30)
days of notice to the Grantee, or all
rights and privileges given to Grantee by
this chapter shall be revoked.
D. City reserves the right to make and
enforce reasonable regulations concerning
the construction, operation and
maintenance of Grantee's System located
along, across, over, or under the Public
Right-of-Way and to reasonably designate
where the System shall be placed.
E. Grantee shall keep and maintain at its
principal offices a complete and accurate
set of maps, construction drawings and
specifications describing the exact
location of its System within the Public
Right-of-Way. Grantee shall also keep a
complete and accurate set of such maps,
drawings and specifications on file with
the Director of Public Works of the City
of Coppell.
Sec. 6-12-9. MINIMUM SPECIFICATIONS
Grantee shall conformto the following minimum
specifications:
A. The depth of conduit, measured from the
top of the conduit to the surface of
ground shall be a minimum depth of soil
of 60 inches and at a ditch crossing, a
minimum depth of 60 inches.
4
B. Within the street right-of-way, with the
exception of road crossings and
driveways, a 4 inch PVC conduit, with 2
innerducts, encased with a 4 inch cap of
concrete shall be used. A 3/4 inch fiber
cable shall then be pulled through the
conduit in place.
C. Under all road crossings and driveways a
4 inch, black steel pipe will be
installed by jacking or boring,
maintaining a depth of 48 inches below
the surface of the road.
D. Trenching shall be promptly backfilled
with earth and tamped with a mechanical
tamper at 6 inch lifts, so that the earth
is restored to original grade to assure
no hazard to vehicular, animal or
pedestrian traffic. All open trenches
will be properly guarded or barricaded to
prevent damage or injury.
E. All cable, where practical, shall be
located to cross roadbed at approximately
right angles thereto. No cable shall be
placed at any culvert within 5 feet of
the closed point of same.
F. In areas of potential erosion the areas
are to be sodded for erosion control.
G. Operations along roadways, walkways, and
sidewalks shall be kept clear of
excavated material or other obstructions
at all times. Barricades, warning signs
and lights, and flagmen, when necessary,
shall be provided by the contractor or
Grantee. One half of the traveled
portion of the road must be open at all
times.
H. Damage to banks, ditches, roads, fences,
lawns, shrubbery, drives and any other
property caused from the equipment and
installation of the communication system
shall be immediately repaired to the
satisfaction of the public authorities
having jurisdiction over the right-of-way
involved, at the cost of the Grantee.
5
Sec. 6-12-10. INSPECTION AND FEE
A. City shall have the right to inspect any
construction as it progresses and when it
is completed, in order to assure
compliance with all applicable rules,
regulations and laws. City may at any
time order Grantee to remove or abate any
conditions that City deems dangerous to
the health, safety, or welfare of life or
property. If Grantee fails or refuses to
remove or abate such condition, City
shall cause the removal or abatement at
the sole expense of the Grantee. Grantee
shall not be entitled to compensation or
reimbursement nor shall City be liable
for any damages to the System occasioned
by the removal or abatement of any
dangerous condition, as determined by the
City.
B. A fee in the amount of one dollar ($1.00)
per lineal foot of fiber optic cable laid
within the Public Right-of-Way shall be
assessed for the inspection of the
construction of the System. This fee
shall be paid at the time application is
made for a permit to use the Public
Right-of-Way for any purpose granted by
this chapter, and shall be in addition to
any fee levied for the use of the Public
Right-of-Way.
Sec. 6-12-11. DUTY TO MOVE OR ALTER LINES
A. City reserves the right to lay or
permit to be laid cables, electric
conduits, water, sewer, gas or other
pipelines and to do or permit to be
done any underground work deemed
necessary and proper by the City,
along, across, over or under the
Public Right-of-Way. In permitting
such work to be done, the City shall
not be liable to the Grantee for any
damages occasioned nor shall the
City in doing such work be liable to
the Grantee for any damages.
6
B. Whenever by reason of establishing a
grade or changes in the grade of any
street or in the location or manner
of construction of any public way,
cables, electric conduits, water,
sewer, gas or other underground
structures, it shall be deemed
necessary by the City to alter,
change, adapt or conform, or
relocate the System of the Grantee,
such alterations or changes shall be
made within a reasonable time by the
Grantee, as ordered in writing by
the City, without claim for
reimbursement or compensation for
damages against the City, or its
franchise holders. Grantee shall
not be entitled to compensation for
damages of any nature occasioned by
City's use of the Public Right-of-
Way for any purpose.
Sec. 6-12-12. INDEMNIFICATION OF GRANTOR
The Grantee shall indemnify, become
responsible for and forever save harmless the
City from any and all damages, judgments,
reasonable costs and expenses, including
attorney fees, which the City may suffer or
incur, or which may be legally obtained
against the City, for or by reason of the
negligent use, repair, or occupation of any
Public Right-of-Way within the corporate
limits of the City of coppell by the Grantee
pursuant to the terms of this Ordinance or
resulting from the negligent exercise of the
Grantee of any of its privileges or by reason
of its carrying on its business in said City,
provided, however, that in the event of such
claim or claims being prosecuted against the
City, the Grantee shall have the right to
defend against the same, and to settle or
discharge same in such manner as it may see
fit, and the City shall given prompt written
notice to the Grantee of the presentation or
prosecution of such claims.
7
Sec. 6-12-13. FEE
In consideration for the rights and privileges
agreed to under this article, Grantee agrees
to pay City each year a sum, (the "rate")
equal to one dollar ($1.00) per lineal foot of
fiber optic cable installed within the Public
Right-of-Way of the City, including street
crossings, subject to the following rate
adjustments. The rate set forth above shall
be subject to adjustment annually to reflect
any increase in the CPI. "CPI" as used herein
shall mean the revised Consumer Price Index
for all Urban Consumers (CPI-U), all items,
published by the United States Department of
Labor, Bureau of Labor Statistics 1982-1984 =
100. In the event the U.S. Department of
Labor, Bureau of Labor Statistics ceases to
publish the CPI, the City and Grantee agree to
substitute another equally authoritative
measure of change in the purchasing power of
the U.S. dollar as may be then available so as
to carry out the intent of this provision.
The rate of $1.00 per lineal foot shall remain
effective for a period of one year from date
of the commencement of operations under the
Agreement (the Commencement Date). On each
anniversary of the Commencement Date, the rate
shall be adjusted as above mentioned by the
same percentage as there is a percentage
increase, if any, between the CPI as published
either for the month preceding the
Commencement Date or the most recent such CPI,
whichever is later, and that published for the
month immediately preceding the current
anniversary of the Commencement Date. Such
fee shall be due and payable on or before the
beginning of the fiscal year commencing
October 1st of each year. Whenever an
application is approved prior to the end of
the current fiscal year, said fee shall be
pro-rated for the remainder of the fiscal year
and shall be payable upon approval of
application.
8
Sec. 6-12-14. DURATION
The rights agreed to by the City and Grantee
under this article shall continue and remain
in full force and effect until revoked by the
City. The City shall have the right at any
time, upon notice to the Grantee, to revoke
any and all rights hereunder. Such notice
shall be in writing and shall be given to the
Grantee at its local principal offices by
certified mail. Grantee shall notify the City
Clerk of any change of address of its
principal offices. Upon revocation, Grantee
shall remove its system for the Public Right-
of-Way of the City. Such removal shall be
done in a manner that will least interfere
with other uses of the Public Right-of-Way and
shall be completed within sixty (60) days of
the notice to remove. In the event said grant
is revoked, Grantee shall be entitled to a
reimbursement fee of a pro-rata share of its
yearly fee based on a proportional number of
days remaining in the fiscal year that said
grant is revoked.
Sec. 6-12-15. PRIORITIES
The rights and privileges granted to Grantee
by this ordinance are deemed to be inferior to
those of any franchise holder of the City. As
such, Grantee's use of the Public Right-of-Way
shall be subject to the needs of any franchise
holder to use the Public Right-of-Way."
SECTION 2.
That should any sentence, paragraph, subdivision, clause,
phrase or section of this ordinance be adjudged or 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 invalid, illegal or
unconstitutional, and shall not affect the validity of the Code of
Ordinances as a whole.
SECTION 3.
Prior to adoption of this ordinance Grantee shall indicate its
agreement and approval by signing at the place indicated below, and
such shall constitute an offer to enter into the agreements
contained herein and a request that acceptance by the City Council
of the City of Coppell be performed by adoption of this ordinance
9
as an amendment to the Code of Ordinances of the City.
SECTION 4. This ordinance shall take effect immediately
from and after its adoption as the law and charter in such case
provides.
DULY PASSED by the City Council of the City of Coppell, Texas,
on the 14th day of January , 1991.
APPROVED
Mark Wolfe
MAYOR
ATTEST:
Dorothy Timmons
CITY SECRETARY
APPROVED AS TO FORM:
Lawrence W. Jackson
CITY ATTORNEY
AGREED AND ACCEPTED:
AMERICAN TELEGRAPH AND TELEPHONE
By
Title: Resident Engineer
CO91-1218
10
ISSUE
CONSTR OCTOBER
~C NO
,.°N 29348
EW 84J90
DWI,I
CHK'D JB ~'
1000'
i~erlal data service, ~nc
f
AT&T
SPEC NO.
EST NO
EW 84J90
' I~/0 NO
A Tg T COMMuNICAT/ONS
WES TERN AREA
Je ='
NS
1" = 1000'
ROUTE MAP
ADAMS-IRVING
LIGHTGuIDE CABLE ROUTE
SHEET 6' OF 7
Prepared by Cornmun/caf/on$ Speclalfle~ Inc Broken ~rr~w, Oklahoma