OR 98-837 Grants CoServ LLC consent for use of public rights-of-way AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 98837
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS GRANTING
COSERV, L.L.C., 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 CLAUSE; PROVIDING, A SEVERABILITY CLAUSE; 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, CoSerr L.L.C., an affiliate of
Denton County Electric, (hereinafter "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 alternative 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.
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:
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(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:
CoServ, L.L.C.
Attn: President
3501 FM 2181
Corinth, TX 76205
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 insurance, or 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
(it) Independent contractors bodily injury and property
(iii) Products/completed operations damage $100,000 per
(iv) Personal injury occurrence or its equivalent
(v) Contractual liability
(vi) Explosion, collapse and
underground 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
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SECTION 6. Grantee agrees:
(a) During the term of a municipal 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, costs, loss or expense arising out of,, incident to, concerning or resulting
from the negligence or willfi~l 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 properly, 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 how, or to whom, the loss may occur.
(c) The City shall give prompt written notice to a Grantee of any claims for which
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
heating, for Grantee's failure to comply with any of the terms of the Code of Ordinances, Chapter 9-
20, or this municipal consent.
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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 part 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.,j2~fo/ day of
fl cr/j (' , 1998.
APPROVED: ~
s i Arq, mYo C
ATTEST:
KATHLEEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNE~
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