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HomeMy WebLinkAboutRES 13-153 RESOLUTION NO.13-153 WHEREAS,the City of Beaumont entered into agreements with U.S.Telecom, Inc. "Sprint"; Ohmstede, LTD; Baptist Hospitals of Southeast Texas; Network USA, LLC; Caliber Solutions; Qwest Communications Corporation; and CenturyTel Fiber Company II, LLC "LightCore" for the placement of fiber optic cable in the city's public right-of-way; and, WHEREAS, it is necessary to enter into amendments to reflect a new rate of$1.75 per linear foot for use of the city's right-of way and to convert from 10 year agreements to two year agreements with an option to renew for an additional two years; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the execution of a first amendment to the agreements with U.S. Telecom, Inc. "Sprint"; Ohmstede, LTD; Baptist Hospitals of Southeast Texas;Caliber Solutions;and Qwest Communications Corporation,substantially in the form attached hereto as Exhibits 'A" "B," "C," "D," and HE," respectively, and made a part hereof for all purposes,for the placement of fiber optic cable in the city's public right- of-way; and, BE IT FURTHER RESOLVED THAT the City Council hereby approves the execution of a second amendment to the CenturyTel Fiber Company Il, LLC"LightCore"agreement, substantially in the form attached hereto as Exhibit "F" and made a part hereof for all purposes, for the placement of fiber optic cable in the city's public right-of-way; and, BE IT ALSO RESOLVED THAT the City Council hereby approves the execution of a fourth amendment to the Network USA, LLC agreement, substantially in the form attached hereto as Exhibit"G" and made a part hereof for all purposes, for the placement of fiber optic cable in the city's public right-of-way; and, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of July, 2013. - Mayor Pro Tem Gethr right- i FIRST AMENDMENT PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, U.S. Telecom, Inc., "Sprint", and the City of Beaumont ("City"), collectively referred to as the "Parties," executed a Public Right-of-Way Use Agreement on March 10, 1986; and WHEREAS, the Parties desire to amend such Agreement, 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 March 10, 1986, entitled "Public Right-of-Way" as follows: (a) U.S. Telecom, Inc.,"Sprint", 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 and situated in the City of Beaumont,Jefferson County, Texas. (b) Pursuant to Paragraph (w)of the original March 10, 1986,Agreement between Parties, by January 1,2011, they were to negotiate a new annual fee per linear foot of fiber optic cable in the City right-of-way. The original rate, which is in effect until December 31,2011,is$1.35 per linear foot and the new rate shall be$1.75 per linear foot, effective January 1,2014. The new rate shall be effective until December 31,2015. U.S. Telecom,Inc., "Sprint'shall have the option to renew the Agreement for the period from January 1, 2016 until December 31,2017. (c) All provisions of the original Right-of-Way Agreement executed by the parties on March 10, 1986, shall remain and same are in full force and effect. 1 EXHIBIT"tA" 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, U.S. Telecom,Inc.,"Sprint", has caused this Agreement to be executed by its President. THE CITY OF BEAUMONT By: By: Kyle Hayes, City Manager ATTEST: ATTEST: City Clerk 2 FIRST AMENDMENT PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, Ohmstede,LTD,and the City of Beaumont("City"),collectively referred to as the"Parties," executed a Public Right-of-Way Use Agreement on November 6,2002;and WHEREAS, the Parties desire to amend such Agreement,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 November 6,2002, entitled"Public Right-of-Way" as follows: (a) Ohmstede,LTD,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 and situated in the City of Beaumont, Jefferson County, Texas. (b) Pursuant to Paragraph (r)of the original November 6,2002,Agreement between Parties,by January 1,2011,they were to negotiate a new annual fee per linear foot of fiber optic cable in the City right-of-way. The original rate, which is in effect until December 31,2011,is$1.35 per linear foot and the new rate shall be$1.75 per linear foot, effective January 1,2014. The new rate shall be effective until December 31,2015. Ohmstede,LTD shall have the option to renew the Agreement for the period from January 1, 2016 until December 31, 2017. (c) All provisions of the original Right-of-Way Agreement executed by the parties on November 6,2002, 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, Ohmstede, LTD,has caused this Agreement to be executed by its President. I EXHIBIT "B" THE CITY OF BEAUMONT By: By: Kyle Hayes, City Manager Ohmstede,LTD ATTEST: ATTEST: City Clerk 2 FIRST AMENDMENT PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, Baptist Hospitals of Southeast Texas, and the City of Beaumont("City"), collectively referred to as the "Parties," executed a Public Right-of-Way Use Agreement on September 21,2000;and WHEREAS,the Parties desire to amend such Agreement, 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 21,2000, entitled "Public Right-of-Way" as follows: (a) Baptist Hospitals of Southeast Texas,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 and situated in the City of Beaumont, Jefferson County, Texas. (b) Pursuant to Paragraph(q)of the original September 21,2000,Agreement between Parties, by January 1, 2011, they were to negotiate a new annual fee per linear foot of fiber optic cable in the City right-of-way. The original rate, which is in effect until December 31,2011,is$1.35 per linear foot and the new rate shall be$1.75 per linear foot,effective January 1, 2014. The new rate shall be effective until December 31,2015. Baptist Hospitals of Southeast Texas shall have the option to renew the Agreement for the period from January 1,2016 until December 3I,2017. (c) All provisions of the original Right-of-Way Agreement executed by the parties on September 21,2000, 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,Baptist Hospitals of Southeast Texas,has caused this Agreement to be executed by its President. 1 EXHIBIT "C" THE CITY OF BEAUMONT By: By: Kyle Hayes, City Manager Baptist Hospitals ATTEST: ATTEST: City Clerk 2 FIRST AMENDMENT PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, Caliber Solutions, and the City of Beaumont ("City"), collectively referred to as the"Parties," executed a Public Right-of-Way Use Agreement on September 12,2012; and WHEREAS, the Parties desire to amend such Agreement,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 12,2012,entitled"Public Right-of-Way" as follows: (a) Caliber Solutions,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 and situated in the City of Beaumont,Jefferson County, Texas. (b) Pursuant to Paragraph(r)of the original September 12,2012,Agreement between Parties,by January 1, 2011,they were to negotiate a new annual fee per linear foot of fiber optic cable in the City right-of-way. The original rate, which is in effect until December 31,2011,is$1.35 per linear foot and the new rate shall be$1.75 per linear foot,effective January 1, 2014. The new rate shall be effective until December 31, 2015. Caliber Solutions shall have the option to renew the Agreement for the period from January 1, 2016 until December 31, 2017. (c) All provisions of the original Right-of-Way Agreement executed by the parties on September 12,2012,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, Caliber Solutions,has caused this Agreement to be executed by its President. 1 EXHIBIT"D" THE CITY OF BEAUMONT By: By: Kyle Hayes, City Manager ATTEST: ATTEST: City Clerk 2 I FIRST AMENDMENT PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, Qwest Communications Corporation, and the City of Beaumont ("City"), collectively referred to as the "Parties," executed a Public Right-of-Way Use Agreement on February 9, 1999; and WHEREAS,the Parties desire to amend such Agreement,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 February 9, 1999, entitled "Public Right-of-Way" as follows: (a) Qwest Communications Corporation, 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 and situated in the City of Beaumont, Jefferson County, Texas. (b) Pursuant to Paragraph (q)of the original February 9, 1999, Agreement between Parties, by January 1, 2011,they were to negotiate a new annual fee per linear foot of fiber optic cable in the City right-of-way. The original rate,which is in effect until December 31,2011,is$1.35 per linear foot and the new rate shall be$1.75 per linear foot,effective January 1, 2014. The new rate shall be effective until December 31, 2015. Qwest Communications Corporation shall have the option to renew the Agreement for the period from January 1,2016 until December 31, 2017. (c) All provisions of the original Right-of-Way Agreement executed by the parties on February 9, 1999, shall remain and same are in full force and effect. (d) This amendment shall be applicable to any Public Use Right-of-Way Agreements that have been assumed by Qwest Communications Corporation. 1 EXHIBIT"E" 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, Qwest Communications Corporation, has caused this Agreement to be executed by its President. THE CITY OF BEAUMONT By: By: Kyle Hayes, City Manager ATTEST: ATTEST: City Clerk 2 SECOND AMENDMENT PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, CenturyTel Fiber Company II, LLC, "LightCore", and the City of Beaumont ("City"), collectively referred to as the "Parties," executed a Public Right-of-Way Use Agreement on October 24,2005; and Was amended, in part, on November 29,2011; and WHEREAS, the Parties desire to amend such Agreement and the First Amendment Public Right-of-Way Agreement,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 October 24,2005, entitled "Public Right-of-Way Use Agreement" and Amendment to Public Right-of-Way Use Agreement(hereafter"First Amendment") as follows: (a.) CenturyTel Fiber Company II,LLC, "LightCore", 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 and situated in the City of Beaumont, Jefferson County, "Texas. (b) Pursuant to Paragraph(r) of the original October 24, 2005, Agreement between Parties, by January 1,2011, they were to negotiate a new annual fee per linear foot of fiber optic cable in the City right-of-way. The original rate,which is in effect until December 31,2011,is$1.35 per linear foot and the new rate shall be$1.75 per linear foot, effective January 1,2014. The new rate shall be effective until December 31,2015. CenturyTel Fiber Company II, LLC,"LightCore" shall have the option to renew the Agreement for the period from January 1, 2016 until December 31, 2017. (c) All provisions of the original Right-of-Way Agreement executed by the parties on October 24,2005, shall remain and same are in full force and effect. 1 EXHIBIT "F" (d) This amendment shall also be applicable to the Right-Way-Agreement between Parties executed on June 28,2004 via City Council resolution 04-132 and amended, in part, on September 15,2004 via City Council resolution 04-190. 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, CenturyTel Fiber Company 11,LLC, "LightCore", has caused this Agreement to be executed by its President. THE ary OF BEAUMONT By: By: Kyle Hayes, City Manager ATTEST: ATTEST: City Clerk 2 FOURTH AMENDMENT PUBLIC RIGHT-OF-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, March 19,2013,and on June 4,2013;and WHEREAS, the Parties desire to amend such Agreement, the First Amendment, the Second Amendment and the Third 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 20,2005,entitled"Public Right-of-Way" and First Amendment Public Right-of-Way Use Agreement, Second Amendment Public Right-of-Way Use Agreement,and Third Amendment Public Right-of-Way Use Agreement (hereafter"First Amendment," "Second Amendment'and "Third 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 and situated in the City of Beaumont, Jefferson County,Texas. (b) Pursuant.to Paragraph (r) of the original September 20,2005,Agreement between Parties,by January 1, 2011,they were to negotiate a new annual fee per linear foot of fiber optic cable in the City right-of-way. The original rate, which is in effect until December 31,2011,is$1.35 per linear foot and the new rate shall be$1.75 per linear foot, effective January 1, 2014. The new rate shall be effective until December 31,2015. Network USA,LLC shall have the option to renew the Agreement for the period from January 1, 2016 until December 31, 2017. 1 EXHIBIT"G" {c} All provisions of the original Right-of-Way Agreement executed by the parties on September 20,2045,and First Amendment on November 18, 2010,and Second Amendment on March 19,2013 and Third Amendment on June 4, 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 By: By: Kyle Hayes, City Manager James R. Davis, President ATTEST: ATTEST: City Clerk 2