HomeMy WebLinkAboutRES 86-082 D
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 execute
license agreements with MCI Telecommunications Corporation and U.S .
Telecom, Inc. substantially in the form attached hereto as Exhibit
"A" .
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the 2 day of � �,._ 1986.
Mayor -
THE STATE OF TEXAS
COUNTY OF JEFFERSON
The City of Beaumont , hereinafter called "City" , for
and in consideration of the sum of
hereby grants to US TELECOM , INC . , herein called "Licensee" , the
license to lay , maintain , operate , replace , or remove 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 :
tiVnir,it "A"
b
This license is granted by the City of Beaumont subject
to the following conditions :
GENERAL
( a ) All lines crossing public rights-of-way shall be
dry 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/or the State Department
of Highways and Public Transportation , if appli -
cable .
( b ) All lines shall be constructed in such a manner
as approved by the City Engineer and/or the
State Department of Highways and Public Trans-
portation , if applicable so as in no way to
interfere with the use of the public streets
and alleys by the public . Permits shall be
obtained by the Licensee or the Licensee ' s
contractor , from the Engineering Department
prior to any construction .
(c ) All lines shall be buried at a depth of no less
than thirty ( 30 ) inches unless otherwise
authorized by the City Engineer and/or the
State Department of Highways and Public
Transportation , if applicable . 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 . Licensee will notify
the Engineering Department of the City of
Beaumont prior to installation of all lines
authorized by this license .
(d ) 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 .
(e ) All excavations within the right-of-way shall be
backfilled in accordance with the City standards .
All surplus material shall be removed from the
right-of-way.
( f ) Excavations to place cable shall be performed
above a line on a downward slope of 1 : 1 toward
the right-of-way line from back of curb unless
authorized by the City Engineer . The line shall
be no closer to the street than the depth at
which it is placed . In addition , the cable
shall be placed outside of all other existing
lines in the area.
(g ) 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 work commenced thereon , and to the
satisfaction of the City Engineer and/or the
State Department of Highways and Public Trans-
portation , all streets , alleys , or easements ,
excavated by it .
( h ) All lines , where practicable , shall be located
to cross roadbeds at approximately right angles
thereto . 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 permission of the City Engineer
and/or the State Department of Highways and
Public Transportation , if applicable .
( i ) Where overhead attachments to utility poles are
made , Licensee agrees to conform to all City
requirements and obtain necessary permission
from the owner of the poles . Licensee shall
provide copies of any such permission to the
City Engineering Department .
(j ) Overhead lines will have a minimum clearance
of 18 feet above the road surface at the point
of crossing , and shall conform to all requirements
of the National Electrical Safety Codes .
( k ) Where use of additional guy wires is proposed for
aerial attachments prior approval by the City
Engineer is required .
( 1 ) Operations along roadways shall -be performed in
such a manner that all excavated materials be
kept off the pavements at all times , as well
as all operating equipment and materials . All
property where operations are performed will be
restored to original condition or better . No
equipment or installation procedures will be
used which will damage any road surface or
structures . The cost of any repairs to road
surface , roadbed , structures or any other
right-of-way features as a result of this install -
ation will be borne by Licensee .
(m) Any construction which takes place in , on , under ,
above or across property which is not owned by
the city or not a City easement or right-of-way
shall require additional permission by the owners
of the property involved . Approval of this
license agreement excludes permission to do any
construction on property which is not owned by
the City of Beaumont .
(n ) Barricades , warning signs and lights , and flagmen
when necessary shall be provided by Licensee , its
contractors or subcontractors . Only under
extreme circumstances , as deemed necessary by
the City Engineer , will open cutting of a street
or roadway be allowed . All barricading must be
by permit and approved by the City Engineer in
advance .
( o ) City reserves 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 , along 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 of Beaumont shall not be liable to
Licensee for any damage occasioned ; it being
understood that nothing herein shall be
construed as foreclosing Licensee ' s rights to
recover damages against any contractor or
third party who may be responsible for damages
to Licensee ' s facilities .
(p ) Whenever by reason of any construction or
maintenance of any public facility occupied by
Licensee ' s line , it shall be deemed necessary by
City to alter , encase , change , adopt or conform
the line of Licensee thereto , such change shall be
made promptly by Licensee at its cost and without
claim for reimbursement or damages against the
City, any public agency , or its contractors .
It being understood that City will not participate
in any part of the cost of any change involving
relocation , altering , encasing , boring , or
changing in any manner of the Licensee ' s line .
(q ) 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 , specifically including claims or losses
arising from the negligence of the City of
Beaamont , except where such damages arise out of
any acts or omissions of negligence on the part
of any of the City' s contractors or subcontractors
as provided for in Section ( o ) herein .
(r ) The lien shall be maintained and operated in
such a manner as to cause no damage to public
facilities . Any damages are to be repaired at
the Licensee ' s cost by the owner of the facility.
( s ) Damages that occur to Licensee ' s facilities , as a
result of an adjoining property owner ' s attempt to
construct improvements to his frontage , shall be
limited to actual damages only. Any additional
cost shall be borne by Licensee . Such property
owner shall not be liable for consequential
damages .
( t ) Permits which allow lines to be maintained or
constructed in City right-of-way shall be
obtained by Licensee or his contractor prior to
beginning maintenance or construction . The fee
for such permits is in addition to this License
Agreement fee .
( u ) The City shall have the right to charge Licensee
for the services of an inspector as necessary to
oversee all constructing and maintenance oper-
ations of Licensee . Such inspector may be
either a City employee or an independent
contractor hired by the City. Cost of such
inspection shall be borne solely by the
Licensee .
( v ) Licensee shall furnish the City with a certificate
of insurance issued by an insurer acceptable to
the City showing that the permittee has in force ,
and will maintain in force during the construction
or required maintenance of line , liability
insurance of not less than $300 ,000. 00 for any
one accident and property damage insurance of
not less than $50 ,000. 00 , or to applicable City
insurance requirements , at the time of mainten-
ance and construction . Such insurance shall be
maintained in force during the life of the
project and no modification or change of insurance
carriage and provision shall be made without
ten ( 10 ) days written advance notice to the City.
(w ) Licensee shall make payment to the City of
Beaumont as follows :
License Agreement Fee $500 . 00
• Annual fee of $ . 60 per linear foot in the
City right-of-way. Said fee shall be reset
on January 31 , 1991 and shall be reset every
ten ( 10 ) years , therafter , to a level to be
determined by the City Council or their
delegated representative . Licensee shall
receive a one-time credit against the annual
fee of $23 , 710 for construction of sidewalk
in accordance with the plans submitted to the
City.
• Inspectons costs to be determined during
construction .
License Agreement Fee and first annual fee for
linear foot useage shall be made to the Engineer-
ing Department payable to the City of Beaumont
prior to any construction .
Payment of inspection cost shall be paid within
thirty ( 30 ) days of completion of construction
upon invoice from the City. Annual fee shall be
due' and payable yearly , on the anniversary date
of this license .
(x ) Licensee agrees that it shall mark the location
of its lines within forty-eight ( 48 ) hours after
receipt of notification of proposed construction .
Licensee shall maintain a local or no cost
telephone number to be called for location of
lines . Calling this number by a person desiring
to excavate shall constitute notification to
locate such lines . Licensee ' s failure to respond
within forty-eight (48 ) hours shall alleviate
the responsibility of the person requiring the
lines to be located .
SPECIAL CONDITIONS :
1 . Any assignment of this License must first be
approved by the City Manager of Licensor ; provided ,
however , that Licensee shall have the right ,
without Licensor ' s consent , to assign this License
to any parent , subsidiary or affiliate of Licensee
or to any person , firm or corporation which shall
control , be under the control of or be under
common control with Licensee , or any corporation
into which Licensee may be merged or consolidated
or which purchases all or substantially all of the
assets of Licensee . Licensor agrees that it will
not unreasonably withhold or delay its consent to
any other assignment of this License .
2. Licensor shall give Licensee written notice of any
violation of this License . If Licensee fails to
correct such violation within sixty ( 60 ) days of
such notice this License shall be terminated ;
provided , however , that where such violation
cannot reasonably be cured in such sixty ( 60 )
day period , if Licensee shall proceed promptly
to cure the same and prosecute such curing with
diligence , the time for curing such violation
shall be extended for such period of time as may
be necessary to complete such curing .
3. Any notice to be given hereunder by either party
to the other may be effected in writing sent
by registered or certified mail , postage prepaid
with return receipt requested . Mail notices
shall be addressed to the addresses of the parties
as follows :
L
City of Beaumont
P . O. Box 3827
Beaumont , Texas 77704
US TELECOM, INC .
P .O. Box 11315
Kansas City , Missouri 64112
Upon cancellation , the line shall be removed and
property restored to a condition acceptable to the
City Engineer .
Commencement of work on the fiber optic communication
line by Licensee after the date of this license shall be
construed as evidence of Licensee ' s acceptance and approval of
the conditins above set forth .
IN WITNESS WHEREOF , the City of Beaumont , Texas , has
caused these presents to be signed by its City Manager and the
seal of the City to be herewith affixed by the City Clerk , this
day of , 19
THE CITY OF BEAUMONT
by:
City Manager
ATTEST:
City Clerk
US TELECOM , INC .
by:
Title
ATTEST:
Secretary