HomeMy WebLinkAboutRES 84-435 R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to enter
into a license agreement with LDX Net, Inc. to construct a fibrer
optic cable communications system along or across street
right-of-way throughout the city in the form attached hereto as
Exhibit "A" .
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of ,Pi�rr� 1984.
Mayor -
P. P
THE STATE OF TEXAS
COUNTY OF JEFFERSON
The City of Beaumont, hereinafter called "City", for and in
consideration of the sum of TWO THOUSAND SIX HUNDRED EIGHTY-THREE AND
NO 1100 ($2,683.00)-----------------------------------------------------
to it paid, the receipt of which is hereby acknowledged, hereby grants
to L.D.X. Net Inc. , 18040 Edison-Avenue, Chesterfield� Missouri
63017
its successors and assigns, hereinafter called "Licensee", the license to
lay, maintain, operate, replace, or remove a fiber optic communication
line for the transportation of long distance communications, on or across
the following streets, alleys and easements situated in The City of
Beaumont, Jefferson County, Texas, to-wit:
Street R.O.W. Width
1. Main gl
2. Pearl 61
3. Orleans 210
4. Park 210
5. Neches 61
6. Trinity 61
7. Holmes 60
8. College 850
9. Wall 61
10. Fannin 61
11. Bowie 61
12. Ave. C 60
13. Crockett 61
14. Fourth 60
15. Eleventh 200
16. Twenty-third 60
17. Lindbergh 60
18. Langham 60
19. Dowlen 125
20. Pinchback 50
21. Coburn 60
22. Todd 50
2 Keith 60
2,683 LF
Exhibit "A"
This license is granted by The City of Beaumont subject to the
following conditions:
General
Ali lines crossing public rights-of-way shall be bored
from right-of-way line to right-of-way line. Within
these limits, the line shall be protected by casing or
other method approved by the City Engineer and the State
Department of Highways and Public Transportation.
(a) The line shall be constructed in such a manner as
approved by the City Engineer and the State Department
of Highways and Public Transportation so as in no way
to interfere with the use of the public streets and
alleys by the public.
(b) The line shall be buried at a depth to be approved by
the City Engineer and the State Department of Highways
and Public Transportation. All ground lines are to be
installed a minimum of 36 inches below the flow line
of the adjacent drainage or barrow ditch, when crossing
or placed in said ditch.
(c) The construction and operation of the line shall not
interfere with the natural drainage in that area nor
with the drainage system of the City, nor with sanitary
sewer lines, water lines, or other utilities.
(d) All excavations within the right-of-way and not under
surfacing shall be backfilled by tamping in 6 inch
horizontal layers. All surplus material shall be removed
from the right-of-way and the excavation finished flush
with surrounding natural ground.
(e) Excavations necessary for the construction, repair or
maintenance of the line shall be performed in such a
manner as will cause the least inconvenience to the public
and Licensee shall promptly restore to as good condition
as before working thereon and to the reasonable satisfact-
ion of the City Engineer and the State Department of
of Highways and Public Transportation, or City Manager,
all streets, alleys, or easements excavated by it.
(f) All lines, where practicable, shall be located to cross
roadbed at approximately right angles thereto. No lines
are to be installed under or within SO feet of either
end of any bridge. No lines shall be placed in any
culvert or within 10 feet of the closest point of same.
(g) Parallel lines will be installed as near the right-of--way
lines as is possible and no parallel line will be
installed in the roadbed or between the drainage ditch and
the roadbed without special permission of the City
Engineer.
(h) Overhead lines will have a minimum clearance of 18 feet
above the road surface at the point of crossing.
(i) Operations along roadways shall be performed in such a
manner that all excavated materials be kept off the pave-
ments at all times, as well as all operating equipment
and materials. No equipment or installations procedures
will be used which will damage any road surface or
structures. The cost of any repairs to road surface,
2
i oadLcd , stracL"Ve , ur OLIher t QLL-of-Way teat UCUS as a
direct result of this instal M ion will be borne by the
owner of this litre.
( j) Barricades, warning signs and Lights, and tLagmen when
necessary shall be provided by the contractor or owner.
One Halt of the traveled portion of the road must be
open at all times.
(k) City reservoo the right to lay and to permit to be laid
sewer, gas, water and other pipes and cables, and to do
or permit to be done any underground work that may be
deemed to be necessary or proper by City in, across,
clung, or under any of the streets, alleys and easements,
and to change any curb or sidewalk or the grade of any
of said streets. In doing or permitting any such work,
The City or Beaumont shall not be liable to Licensee
for any damage occasioned; it being understood that
nothing herein shall be construed as foreclosing Licen-
see's rights to recover damages against any contractor
or third party who may be responsible for damages to
Licensee's facilities.
(1) Wneauver by reason of the change in the grade of any
street occupied by Licensee's line or construction of a
new street or highway along or over said street, or by
reason of the location or manner of constructing water
pipes, gas pipes, sewers, or other underground construc-
tion for any purpose whatever, it shall be deemed
necessary by City to alter, encase, change, adopt or
conform Life line of Licensee thereto, such change shall
be made promptly by Licensee at its cost and without
claim for reimbursement or damages against City. If the
change is demanded by the City for the benefit of any
other person or private corporation, except the City of
beauzont or the State Department of Highways and Public
Transportation, Licensee shall be reimbursed fully by the
person or corporation Desiring or occasioning such change
for any expense arising out of such change; provided,
however, should the change be requested by the State
Department of Highways and Public Transportation or be
required due to construction of a state or federal
highway, Licensee will, upon notice from the City, make
such change immediately and at its own cost; it being
understood that City will not participate in any part
of the cost of any change involving relocation, altering,
encasing, boring, or chaa8ing in any Manner of the line
where same is in a City street, alley, or easement.
(w) Licensee shall indemnify, save and hold harmless The City
of Beaumont from any and all claims for injuries and
damages to persons or property occasioned by or arising
out of the construction, maintenance, operation, repair
or removal of the line.
(n) If the line or any part thereof installed by Licensee
shall be in any respect damaged or injured by City or
any of its agents or employees in connection with the
performance of any work or repairs that may be done
upon the streets, alleys, or easements mentioned here-
in, Licensee shall not be entitled to prosecute or
maintain a claim against The City of Beaumont for any
such damage or injuries so sustained by it; however,
saiu conditions shall not prevent Licensee from
recovering against auy contractor who shall damage
Licensee's property in the course of such contractor's
performance of any contract with the City.
S
I two 1 lau nhall be wai"lainad and Opera Lud Q sacu
wa""cr as Lo Causa no daWagU to the MrCULS. Leaks ut
UL"er defects are Lo be repaired immedluLuiy Le
Licensee at Us own C.SL.
(h) This license is assi6nable sub jest LO all. Lhe Lerns
and conditions Upused herein.
(q PurwiLtee will Out-ify We Engineering Uivisio" of the
GiLy of Beaumont. prior Lo install-aLiou ul the lines
permitted by the purwIL .
kv ) wwWliat:ion wi-ii he done in accordance with all
ordinances Of the GiLy of Beaumont and statutes of
the State of Texas .
(S) Licensee shall furnish Lhe City with a certificate of
insurance issued by an insurer acceptable to the City
showing that. the permiLtee has in force, and will maintdiu
in force during Lhe performance of the License agreement
and for liability insurance of not less than 0300,OOU.00
for any one accident and property damage insurance of not
Less Lhau $jU,00u.o().
Co'"I"e"'CeFlent Of work On the fiber optic communication line by
Licensees alLer Lhe date Of this license shall be construed as evidence
of Licensee's acceptance and approval of the conditions above set forth.
IN WiTUESS WHEREOF, Line City of Beaumont, Texas, has caused
these presents to be signed by its City Naua8er anU Luc seal or the City
to be herewith aflined by the City Clerk, this day OL
TiiL CITY OF 6L.'AUNONT
by:
City Manager
ATTEST:
City Clerk
APPLICA14T'S COMPAJY NAME:
LDX NET, Inc.
kepreseuted by:
Title
Executive Vice
Preside
ATTEST:
by:
Secretary
Revised 11-19-84
4
nrd� ISSUE DATE(MM/DO/YY)
v� �
11/20/84
P,RODUCEH
THIS CERTIFICATE IS'iSSUED AS A MATTER OF BIFC R TIONI ONLY AND CONFERS
Mary Wal kenho rst No Z UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
Alexander & Alexander, Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
120 S. Central , Suite 800 COMPANIES AFFORDING COVERAGE
Clayton, MO 63105
(314) 889-9200 LE MEARNY A TRAVELERS INSURANCE COMPANY
COMPANY
INSURED LETTER B FIREMANS FUND INSURANCE COMPANY
LDX NET, INC
CLETMTER Y
C
18040 Edison COMPANY D
Chesterfield, MO LETTER
COMPANY E
LETTER
•
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI-
TIONS OF SUCH POLICIES.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
LTR DATE(MM/DONY) DATE(MM/DONY) EACH AGGREGATE
OCCURRENCE
GENERAL LIABILITY
BODILY
COMPREHENSIVE FORM INJURY $ $
PREMISES/OPERATIONS
UNDERGROUND DAMAGE $ $
EXPLOSION&COLLAPSE HAZARD
PRODUCTSICOMPLETED OPERATIONS
CONTRACTUAL COMBINED $ 500 $ 500
INDEPENDENT CONTRACTORS 650-828F883-1-TIA-84 9/1/84 9/1/85
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY PERSONAL INJURY $ 500
AUTOMOBILE LIABILITY eoaLY
ANY AUTO INJURY SON) $
ALL OWNED AUTOS(PRIV. PASS.) 650-828F883-1-TIA-84 9/1/84 9/I/85 „
ALL OWNED AUTOS(OTHER THAN $
PRIV. PASS.) (PER ACCIDENT)
HIRED AUTOS
PROPERTY
NON-OWNED AUTOS DAMAGE $
GARAGE LIABILITY
COMB NED $ 500
EXCESS LIABILITY
UMBRELLA FORM XLB 167 42 37 9/1/84 9/1/85 COM13NED $5,000 $ 5,000
OTHER THAN UMBRELLA FORM
WORKERS'COMPENSATION STATUTORY
AM UB 828F884-3-84 9/1/84 9/1/85 $ (EACH ACCIDENT)-
EMPLOYERS'LIABILITY (DISEASE-POLICY LIMIT)
OTHER $ 100 (DISEASE-EACH EMPLOYEE)
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS
Engineering and Construction of the Fiber Optic System in and around the City of Beaumont.
rLEFT,OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
CITY OF BEAUMONT ATIQN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
ATTN: CITY ENGINEER IL rPn DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
MAIN STREET NY KIND UP ON OTHE COMPA Y�ITSAG NE TS OR REPR SENTATIVES.R ABILITY
BEAUMONT, TX 77701 ORI REPQESEN7ATIVE