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HomeMy WebLinkAboutRES 11-340 RESOLUTION NO. 11-340 WHEREAS, on October 11, 2005, the City Council passed Resolution No. 05-209 authorizing the City Manager to execute an agreement with LightCore for the placement of 546 linear feet of fiber optic cable in the public rights-of-way of the 300 blocks of Pearl and Crockett Streets for an initial application fee of$5,000 and an annual fee of$737.10($1.35 per linear foot); and, WHEREAS, an amendment to the contract with CenturyTel Fiber Company Il, LLC, "LightCore" is required for the additional placement of 910 linear feet of fiber optic cable in the public rights-of-way of Fannin, Park and Pearl Streets; NOW, THEREFORE, 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 Manager be and he is hereby authorized to execute an amendment to the contract with CenturyTel Fiber Company Il, LLC, "LightCore" for the additional placement of 910 linear feet of fiber optic cable in the public rights-of-way of Fannin, Park and Pearl Streets for an annual fee of$1,228.50, in addition to all applicable application and inspection fees. PASSED BY THE CITY.COUNCIL of the City of Beaumont this the 6th day of December, 2011. - Mayor Becky Ames- AMENDMENT TO PUBLIC RIGHT-OF-WAY USE AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, CenturyTel Fiber Company II, LLC, "LightCore" entered into a Public Right- of-way Use Agreement with the City of Beaumont on October 24, 2005,for the installation of 546 linear feet of cable within the right-of-way of the City of Beaumont; and WHEREAS, LightCore is now requesting approval to install an additional 910 feet of fiber optic communications system along Pearl, Fannin and Park Streets; NOW,THEREFORE, LightCore and the City of Beaumont agree as follows: I. City of Beaumont, herein called "City,"for and in consideration of the receipt of the valuable consideration set out herein, agrees that LightCore may lay, maintain, operate, replace or remove 910 feet of fiber optic communications system within the City of Beaumont in accordance with the Public Right-OF-Way Use Agreement heretofore entered into on the 24th of October 2005. LightCore shall pay to the City the sum of One Thousand Two Hundred Twenty Eight dollars and Fifty Cents ($1,228.50) per year for the installation of the 910 linear feet of system within the City of Beaumont right-of-way. II. The City and LightCore hereby ratify and agree that all other terms and conditions of the previously executed Public Right-Of-Way Use Agreement are in full force and effect. Page 1 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 herewith affixed by the City Clerk this day of , 2011 EXECUTED by LightCore acting herein by and through its Senior Vice President on the 29 Day of November, 2011, CITY OF BEAUMONT By: L IL Kyle Hayes City Manager City Clerk .-r°' "'`a�� LIGHTCO t By: Name: �� Toll A Title- Y e SV Attest: `y Page 2