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HomeMy WebLinkAboutRES 13-121 RESOLUTION NO.13-121 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the execution of a third amendment to the Network USA, LLC agreement, substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes, for the placement of fiber optic cable in the public right-of- way. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of June, 2013. Gmayor Becky Ames- MUM AMENUW PUBLIC RI Off WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS,Network USA,LLC,and the City of Beaumont("City"), collectively referred to as the"Parties," executed a Public Right-of-Way Use Agreement on September 20,2005,and Was amended, in part, on November 18, 2010, and on March 19, 2013;and WHEREAS,the Parties desire to amend the original agreement,the First Amendment and the Second Amendment Public Right-of-Way Agreements, but only as noted below; NOW, THEREFOR: The Parties, for and in consideration of the receipt of good and valuable consideration, as set out more fully herein, agree to amend that certain Agreement executed by the Parties on September 20,2015, entitled`Public Right-of-Way"and First Amendment Pudic Right-of-Way Use Agreement and Second Amendment Public Right-of--way Use Agreement(here after"First Amendment"and"Second Amendment")as follows: (a) Network USA,LLC, may lay, maintain, operate,replace or remove a fiber optic communication system(the"System")for the transportation of communications in, on, under,or across the streets,alleyways and easements as set forth in Exhibit"A" and situated in the City of Beaumont, Jefferson County,Texas. (b) The map attached hereto as Exhibit"A"includes an additional 1500 feet of fiber optic cable more than the 17,597 feet set out in the Parties'original,First and Second Amendment Agreements. After the foregoing additional cable is laid, Network USA,LLC, will have a total of 19,097 feet of fiber optic cable within the City of Beaumont. (c) The current fee per linear foot of fiber optic cable in the City right-of--way is$1.75 and shall apply to this agreement. All future annual payments shall be due and payable to the City of Beaumont on January 1 of each succeeding year. (d) Upon execution of this Agreement,Network USA,LLC, shall make payment to the City of Beaumont as follows: 1 EXHIBIT°A" • additional annual fee for the year 2013 of$21,875: and • additional agreement fee of$500.00;and • inspection, engineering and other costs during the period of initial construction called for by this Agreement in the amount of$500.00. (e) All provisions of the original Right-of-Way Agreement executed by the parties on September 30, 2005, and First Amendment on November 18, 2010, and Second Amendment on March 19, 2013, shall remain and same are in full force and effect. IN WITNESS WHEREOF,the City of Beaumont, Texas, has caused these present to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk this the day of 2013.Further,Network USA,LLC, has caused this Agreement to be executed by its President,James R. Davis. THE CITY OF BEAUMONT NETWORK USA,LLC By: By: Kyle Hayes, City Manager James R. Davis,President ATTEST: ATTEST: City Clerk 2 � l t m § Fes,.mss.. 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Place within 5'of edge of ROW M. 3. . a. ti y � s r Legend Proposed Route O Proposed Handhole `Y o Proposed Marker Post Network USA Proposed Fiber Route Existing NUSA Route to VzW Dollinger Tower Beaumont, TX N E r w©R K USA Final Construction Drawings Sheet 2 ankonatsw ONNIfif { s r .. N Pkm 2431 c30 ,art Quazft HH with 2tl c traffic rated lid. Proposed Route Place 21-Y4 HDPE-dui at W depth by directional bore. P1180e W" V of edge of ROW a �a legend Proposed Route p Proposed Handhole Q Proposed Marker Post Network USA Proposed Fiber Route Existing NUSA Route to V'zW Dolinger Tower C.- Beaumont, TX NETWORK USA Final Construction Drawings Sheet 3 e stow oftdormw I Proposed Routs Place 21-Y4*HDPE ducts at 60" i depth by directional bone. Place ,r within W of edge of ROW 3 6R UPRR crossing permit : required. b4T# ROW at 60-ft a K. Permit 023702 Pp lied for 2/5/2013 , .s a Legend At Proposed Route p Proposed Handhole o Proposed Marker Post Network USA Proposed Fiber Route Existing NUSA Route to VzW©ollinger Tower Beaumont, TX N E t w o R K USA Final Construction Drawings Sheet 4 ans ,�trr.,pwarr Proposed Rt![ Place 2 4-'!s" HOPE ducts at 60" depth by directional bore. Place ROW at 6d ft win 5'of edge of ROW Place 24x30= Quazie HH with i 20k traffic rated lid. i Legend Proposed Route p Proposed Handhole o Proposed Marker Post Network USA Proposed Fiber Route Existing NUSA Route to VzW Doliinger Tower Beaumont, TX NETWORK USA Final Construction Drawings Sheet 5 ewtn...aelMrpMrdofAf $�1I ZI ROW at 60-ft r, Proposed Route Pure 2 1-Y4 HDPE duty at 60" depth by directional tore. Plate within v of edge of ROW Proposed Route p Proposed Handhoie o Proposed Marker Post Network USA Proposed Fiber Route Existing NUSA Route to VzW Dotlingg+er Tower NETWORK USA Final Construction Drawings Beaumont, TX Sheet 6 .red.+�++•n►a i Pace 2��c3�x3o ROW at 6Q-ft Qum NH with 20k s traffic rated lid, Proposed Route x` Place 2 1-Y4" HDPE ducts at 60" depth by directional bore. Place within 5'of edge of ROW Lund Proposed Route p Proposed Handhoie o Proposed Marker Post Network USA Proposed Fiber Route Existing NUSA Route to VzW Dollinger Tower Beaumont, TX NETWORK u s a Final Construction Drawings Sheet 7 ftaknw stem a w . Row at 6o-tft ,w s Pt/ w 24x36x30 Q h fic rated lad. w- Proposed Route Place 21-%."HDPE dots at 60" depth by directional bore. Place within 6' of edge of ROW l Proposed Route p Proposed Handhole o Proposed Marker Post Network USA Proposed Fiber Route Existing NUSA Route to VZW Dollinger Tower Beaumont, TX p.ig t w o a K USA Final Construction Drawings Sheet 8 ae�. ,.wane i iW at •fit Proposed Roue Puce 21 %" HDPE ducts at 80" depth by directional bore. Plate within T of edge of ROW Proposed Route M Proposed Handhoie o Proposed Marker Post Network USA Proposed Fiber Route Existing NUSA Route to VzW Doliinger Tower Beaumont, TX N e T w o a K USA Final Construction Drawings Sheet 9 Musk nu at Me spw!of ESM r Proposed Route Place 21 Y4* HDPF-dugs at W depth by directional bone. Place within V of edge of ROW Legend Proposed Route p Proposed Hatndhole a Proposed Marker Post Network USA Proposed Fiber Route Existing NUSA Route to VzW Dollinger Tower (Beaumont, TX NETWORK U'S A Final Construction Drawings Sheet 10 Cfftft Prod Route Place 21-Y4"HOPE ducts at 80" depth by directional bore. Place within 5' of edp of ROW` nd, Proposed Route p Proposed Handhaole o Proposed Marker Post Network USA Proposed Fiber Route Existing NUSA Route to VzW DoWnger Tower Beaumont, TX N a T w o R K USA Final Construction Drawings Sheet 11 ftokum of Me qpwd OfAWW i S k , UPRR csp�errrE�t required. DOW l� LL 7$2581J. Pem* aprd for Y t T Place 2 4x�at30 �, �' Place 203640 Quazite H14 with 20k _x Quazite HH with 20k traffic rafted lid .. traffic rated lid z w vW+ Proposed Route Place 2 1 1"HDPE ducts at 6t1 - ... depth by directional bore. Place VIZ. - within 5' of edge of ROW Le�enc! Proposed Route p Proposed Handhole o Proposed Marker Post Network USA Proposed Fiber Route Existing NUSA Route to VzW Dollinger Tower f Beaumont, TX N T w o R K USA Final Construction Drawings Sheet 12 *"defHaft 4 a. + w End Proposed Route. r Pending Dollinger • ',� VzW Tower 2390 Place 24x36x30 Dellinger Rd Quazite HH with 20k .. Lat: 30.0601 traffic rated lid. Long: -94.0727 o Place 24x36x30 � Quazite HH with 20k traffic rated lid. �R Proposed ,.. •_ Place 21 HDPE duds at 6 depth by directional bore. Place within 5' of edge of ROW Legend Proposed Route Proposed Handhole o Proposed Marker Post Network USA Proposed Fiber Route Existing NUSA Route to VzW Dolinger Tower Beaumont,TX N !r T W d R K USA Final Construction Drawings Sheet 13 a 1 atenap"def