CoppellISD-AG010410 (2)T H E C 1 �"' ' • O F
CO PPELL AGENDA REQUEST FORM
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CITY COUNCIL MEETING. April 0, •t ITEM
ITEM CAPTION:
Consider approval of an Interim Right -of -way Use Agreement between the City of Coppell and Coppell
Independent School District for the use of right -of -way to have telecommunication lines installed and related
appurtenances; and authorizing the City Manager to sign.
APPROVED
BY
CITY COUNCIL
DATE
SUBMITTED < Michael A. Martin, P.E.
TITLE: ssistant City Engineer
STAFF COMMENTS:
Robert E. Hagar, City Attorney is bringing forth this agreement for consideration.
Staff will be available to answer any questions at the Council meeting.
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BUDGET AMT. $ AMT. EST. $
FINANCIAL COMMENTS:
DIR. INITIALS: �� FIN. REVIEW*
Agenda Request Form - Revised 5100
+\ -BID $
CITY MANAGER REVIEW:
Document Name: #eng4
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any of thew lines in the future; what is considered a hardship to receive
a variance from the City
# i Fro # • • w 0 0 # # #
ins
1. That Coppell Independent School District shall not
enter into sale, lase, or otherwise alienate, with or
without consideration, the use of the Line for any
reason whatsoever.
After lengthy discussion, • • Tern Wheeler moved to call the
question. The motion to call the question carried 7-0 with Mayor Pro
Tern Wheeler ♦ Councilmembers Peters, Raines, Tunnell,
Sto i York voting E motion.
Peters, Vote was taken on the motion to approve the variance. 7be motion
cw7ied 6-1 with Mayor Pro Tero Wheeler and Counciltnembers Ckwcia,
Raines, • •• York voting in favor of • •
Councilmernber • • •
Premtaton:
Jim Witt, City Manager, made a presentation to Council.
AcUo '1
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T H E C 1 T Y O F
COPPELL
June 25, 2001
Buddy Echols, Superintendent
Coppell Independent School District
200 S. Denton Tap Road
Coppell, Texas 75019
Re: Interim Right -of -way Use Agreement
Dear Mr. Echols:
✓ 1,
Attached are three copies of the interim Right -of -way Use Agreement that was approved
at the April 10, 2001 City Col cil meeting. Please execute the three copies and return
two originals to the City of Coppell Engineering Department.
If you should have any questions please feel free to contact me at 972/304 -3686.
Sincerely,
Kenneth M. Griffin, P.E.
Director of Engineering/Public Works
255 PARKWAY * P.O.BOX 478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673
INTERIM PUBLIC RIGHT -OF -WAY USE AGREEMENT
BETWEEN THE CITY OF COPPELL AND
COPPELL INDEPENDENT SCHOOL DISTRICT
This Public Right -of -Way Use Agreement ( "Agreement ") is hereby made and entered
into by and between the City of Coppell ( "City "), a home rule municipal corporation organized
under the laws of the State of Texas, and acting by and through its City Manager, its duly
authorized agent and the Coppell Independent School District ( "CISD "), acting by and through
its duly authorized agent.
The following statements are true and correct and constitute the basis of this Agreement:
A. CISD is an independent Texas School District.
B. In accordance with the ordinance of the City and state law, no entity may
construct conduit, cable, switches and related appurtenances and facilities and excavate within
the Public Rights -of -Way, except with permission of the City. CISD wishes to excavate in the
Public Rights -of -Way in order to provide fiber optic system or otherwise use the right -of -way.
C. In accordance with state law, a municipality may exercise police power -based
regulations in the management of the use of its Public Rights -of -Way in order to protect the
health, safety and welfare of the public. The City wishes to set forth reasonable regulations and
requirements in this Agreement for the use of the Public Rights -of -Way by CISD and CISD is
willing to abide by such regulations.
1. DEFINITIONS
Capitalized terms used in this Agreement and not otherwise defined within this
Agreement shall have the following meanings:
Access Line shall mean, unless the PUC adopts a different definition pursuant to Section
283.003 of the Texas Local Government Code, the same as in Local Government Code, Chapter
283.
Act shall mean the Federal Communications Act of 1934, as amended by the
Telecommunications Act of 1996.
Affiliate shall mean any individual, partnership, association, joint stock CISD limited
liability CISD, trust, corporation, or other person or entity who owns or controls, or is owned or
controlled by, or is under common ownership or control with, the entity in question.
Cable Services shall mean the same as it is defined in the Federal Communications Act
of 1934, as amended by the Telecommunications Act of 1996.
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Cable Television System shall mean the same as it is defined in the Federal
Communications Act of 1934, as amended by the Telecommunications Act of 1996.
Certificated Telecommunications Provider shall mean the same as it is defined in the
Local Government Code, Chapter 283.
CISD shall mean the Coppell Independent School District.
City shall mean the area within the corporate limits of the City of Coppell, Texas.
Director shall mean the Director of the City's Engineering Services Department or
authorized representative.
Facilities shall mean all facilities placed in, on, under or above the Public Right -of -Way
by or on behalf of CISD, including, but not limited to, duct spaces, manholes, poles, conduit,
underground and overhead passageways, and other equipment, structures and appurtenances and
all associated physical devices in the Public Rights -of -Way used by CISD for purposes other
than the provision of Cable Services.
FCC shall mean the Federal Communications Commission.
Person shall mean an individual, a corporation, a limited liability CISD, a general or
limited partnership, a sole proprietorship, a joint venture, a business trust or any other form of
business entity or association.
Public Rights -of -Way shall mean the same as it is defined in the Local Government
Code, Chapter 283.
PUC shall man the Public Utility Commission of Texas.
Open Video System shall mean the same as it is defined in Title 47, Code of Federal
Regulations, Section 76.1500.
2. PERMIT
CISD shall not initiate or have initiated any kind of construction, installation,
maintenance, repairs or other work that requires the excavation, lane closure, or other physical
use of the Public Rights -of -Way unless CISD first obtains a respective permit ( "Permit ") from
the Director. The City will provide the Permit to CISD free of charge following (i) full
compliance with the prerequisites set forth in Section 3 of this Agreement and (ii) the Director's
review of CISD's Permit application within a reasonable time following its submission to the
Director.
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3. PREREQUISITES TO ISSUANCE OF CONSTRUCTION PERMIT
3.1 Registration.
In order for the City to know which CTPs own Facilities in the City's Public
Rights -of -Way, CISD shall register with the City Manager and provide the following
information at a minimum: (i) CISD's name and (ii) the current name, address, and
telephone number(s) of a contact employed by and with binding and decision - making
authority for the CISD and who is available twenty -four (24) hours per day. CISD shall
update and keep current its registration with the City at all times.
3.2 Application.
CISD shall submit an application for a Permit, including plan documents, to the
Director at least ten (10) working days prior to the commencement of the respective use
of the Public Rights -of -Way except (i) where waived by the Director in writing or (ii) in
the event of an emergency response related to an existing Facility owned by CISD. The
Permit application shall include the following information at a minimum: (i) the name of
CISD; (ii) the current name, address and telephone number(s) of a contact employed by
and with binding and decision - making authority for the CISD and who is available
twenty -four (24) hours per day; (iii) the name, address and telephone number(s) of any
contractor or subcontractor that will be performing work in, on or above the Public
Rights -of -Way; (iv) the proposed location of any construction and route of all Facilities
that CISD intends to install in, on, or above the Public Rights -of -Way; (v) the
construction and/or installation methods that CISD intends to employ in order to protect
existing structures, fixtures and facilities within or adjacent to the portions of the Public
Rights -of -Way that will be affected by CISD's respective project; (vi) the dates and times
that CISD wishes to use the Public Rights -of -Way; (vii) shall submit detailed engineering
drawings to scale, no larger than 24" x 36" which depicts the Right of Way width, street
width and the location of the water, sanitary sewer and storm drainage systems currently
located in such Right -of -Way; and (viii) proof of insurance and bonding requirements as
required by applicable City Ordinances. Upon completion of construction, CISD shall
provide the Director copies of the "as built" documents for each installation in the Rights -
of -Way.
3.3 Executed Public Right -of -Way Use Agreement.
CISD shall provide the Director with a fully executed copy of this Agreement
upon submission of CISD's Permit application.
3.4 Compliance With All City Ordinances.
CISD agrees to comply with all City Ordinances on construction in the Public
Rights -of -Way, and such ordinances the CISD acknowledges it has either reviewed or
had an opportunity to review.
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4. MUNICIPALITIES
4.1 Sunset.
CISD shall pay the City a quarterly fee calculated monthly and based upon the
Access Line rates for the City adopted by the PUC in accordance with Section 283.055 of
the Texas Local Government Code, if it is or becomes a Certified Telecommunications
Provider.
4.2 When Due.
CISD shall pay the Fee on a calendar quarterly basis to the City at the address
provided in Section 7 of this Agreement. The Fee shall be due within forty -five (45) days
following the last day of each quarter and such fee shall be exclusive of any other
appropriate fee required by the enactment of the Right -of -Way Ordinance, as amended.
5. TERM
This Agreement shall become effective on the date of its execution ( "Effective Date "),
and shall terminate upon the effectiveness of a City ordinance governing the use of the Public
Rights -of -Way public utilities or others.
6. CABLE SERVICES AND OPEN VIDEO SYSTEMS PROHIBITED
Unless otherwise specifically allowed by law, CISD shall not provide Cable Service or an
Open Video System through its Facilities or initiate construction of a Cable System or Open
Video System in the Public Rights -of -Way without a franchise awarded by the City in
accordance with the Act.
7. NOTICES
Any notices required pursuant to the provisions of this Agreement or provided by the
City or CISD to the other shall be (i) hand - delivered to the other party or (ii) mailed through the
United States Postal Service, postage paid, certified mail, return receipt requested, addressed as
follows:
TO THE CITY:
Jim Witt, City Manager
City of Coppell
P.O. Box 478
255 Parkway Boulevard
Coppell, Texas 75019
WITH A COPY TO:
Robert E. Hager, City Attorney
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, LLP
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
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TO CISD:
Superintendent of Schools
Coppell Independent School District
Coppell, Texas 75019
8. COMPLIANCE WITH LAWS
WITH A COPY TO:
Legal Counsel
CISD agrees to comply with all federal, state and local laws; all ordinances, rules and
regulations of the City, and all rules and regulations established by the Director in order to
protect the public health, safety and welfare.
9. NO WAIVER
The failure of the City to insist upon the performance of any term or provision of this
Agreement or to exercise any rights that the City may have, either under this Agreement or the
law, shall not constitute a waiver of the City's rights to insist upon appropriate performance or to
assert any such right on any future occasion.
10. GOVERNING LAW AND VENUE
This Agreement shall be construed pursuant to and in accordance with the laws of the
United States of America and the State of Texas. If any action, whether real or asserted, at law
or in equity, arises out of the terms of this Agreement, venue for such action shall lie exclusively
in state court located in Dallas County, Texas, or the United States District court for the Northern
District of Texas, Dallas Division, unless otherwise provided by law.
11. CONFERENCES
At the request of either the City or CISD, the City and CISD shall meet at reasonable
times and upon reasonable notice to discuss any aspect of this Agreement or CISD's use of the
Public Rights -of -Way.
12. SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a
final order entered by a court of competent jurisdiction, the validity, legality or enforceability of
the remaining provisions shall not in any way be affected or impaired. For purposes of this
Agreement, a court order shall be final only to the extent that all available legal rights and
remedies pertaining to such order, including, without limitation, all available appeals, have been
exhausted.
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13. HEADINGS NOT CONTROLLING
Headings and titles that are used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement.
14. ENTIRETY OF AGREEMENT
This Agreement contains the entire understanding and agreement between the City and
the CISD as to the matters contained herein. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with the terms and conditions
of this Agreement. This Agreement shall not be amended unless agreed to in writing by both
parties.
CITY OF COPPELL, TEXAS
Lin
ATTEST:
B
Libby I a, City Secretary
COPPELL INDEPENDENT SCHOOL
DISTRICT
By: _
Name:
Title:
Superintendent
APPROVED AS TO FORM:
(Legal Counsel for CISD)
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