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CoServ-CN980623AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 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, CoSery 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: 17567 (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: Worker's Compensation: and Statutory Employers Liability Commercial General (public) Liability - to include coverage for the following where the exposure exists: (i) Premises operations (ii) Independent contractors (iii) Products/completed operations (iv) Personal injury (v) Contractual liability (vi) Explosion, collapse and underground property damage Amount: $100,000/$500,000 /$100,000 Combined single limit for bodily injury and property damage $100,000 per occurrence or its equivalent Comprehensive Automobile insurance coverage for loading and unloading hazards, for: (i) Owned/leased automobiles (ii) Non -owned automobiles (iii) Hired automobiles Combined single limit for bodily injury and property damage $100,000 per occurrence or its equivalent 17567 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 2-3rri day of U n e , 1998. ATTEST: MW 311 W_W_.' e-,�Ae maxel -, 19111 APPROVED AS TO FORM: M I Mi go 00 I� 17567