HomeMy WebLinkAboutResolution - 6218 - Pole Useage Agreement - Tech Telephone Company LTD - 02_25_1999Resolution No. 6218
Item No. 46
February 25, 1999
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Pole Useage Agreement
by and between the City of Lubbock and Tech Telephone Company, LTD.. Said
agreement is attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 25th 41ypf February , 1999.
c � -
d WINDY SITTO , MAYOR
I^ ATT ST:
j
Kaythi arnell, Clty Secretary
APPROVED AS TO CONTENT:
!Richard Burdine, Assistant City Manager
APPROVED AS TO FORM:
Vitorney
c rlcedocslTechTeleCo. re s
January 22, 1999
Tf IE STATE, OF TEXAS ti
COUNTY OF LUBBOCK
Resolution No. 6218
Item No. 46
February 25, 1999
AGREEMENT
KNOW ALL N4FN BY THESE PRESENTS:
CI lAT subject to the terms. conditions and prop lslons herein contained, the C.'ITY O
LUBBOCK, TEXAS. herCillafter I'elerred to as "C3t\," does hereby el1ter into this A,tireelllent
mth 'FECH `CELEPHONE COMPANY, LTD.. hereinafter referred to as "Licensee:"
WITNESSETH:
WIIER[?AS. Licensee proposes to crest and maintain aerial cables, wires and associated
appliances within the Cite of Lubbock, and desires to attach such cables, wires and appliances to
poles of the CAN : and
\V11Lat17AS. the Cit1 is �Nilling to permit. to the extent it may lawfully do so, the
attaChlllent of aid cables, \\fires and appliances to its pules Vdlere, in its jUdgment, such use Neill
not interfere with its owl service reyuirenlents. includinL" considerations ofeconorny and safety;
NO\V ` HEREFORF, in consideration of the mutual covenants, terms and conditions
herein contained. the parties hereto do hereby rllutually covenant and agree as follows:
1. Licensee co�enaws that it ��ill utilize the electric utility pole installations of' the
City «here available and necessary to Carry out its obli«atiotl under the terms and
conditions of its franchise from the Cite of' Lubbock. Provided, however. before
making attachments to any pole or poles of Cite, Licensee shall make written
application at least thirty (,f)) dads prior to the intendcd connection, addressed to
the Director of Lubbock Powyer and I.i`uht or his agent and receive a permit
therefor ill such 1'orrn as mat- fl-om nme to time be prescribed bN- the Cite. The
application will inCluae detailed drawings elf' the proposed work and specific
location data of the pole.
'. Licensee shall. at its owtl expense. make and maintain said attachments in sati:st
condition and ill good repair and in tI Manner SUltable to the City: and so as will
not C011111ct with the use 01' said penes by the Cit\ or b,, Other licensees or
pernlittees Currently tlsin�1 said poles, or interfere with the workill" use oh
J'ncilitics thereon or which may from tinge to tinge be placed thereon by City.
Licensee shall at ally lime. at 115 O1yll eXpenSC. l.1p011 adegUate notice from the
Cit\_ promptly relocate. replace or remove its facilities placed on said poles and
transi r them to substituted poles. or perform any Other work ill connection with
said lacilities that may be required by the Cite; provided. however. that in cases of
enlcr-'enc\ the Cite Ina" arrange to relocate. replace or remove the lacilities
1113Ced on Said poles by Licensee. transfer them to substituted poles or pei•i�01•111
ally other work in Connection with said facilities that may be required in the
nlillntellancc. replacement. rCIlll)yal Or 1'elOCLttl0ll Of s[l►d pOICS. the 1'.lCllltiCS
thereon_ or which 111a\ be placed thereon. or lM- the service needs ol' the Cite, and
(lie Licensee shall, on demand. reilllbUrSC the Cite 101- the expense thereh\
►lICtll-red. Ill the C\Cnt the City should. to Case al•ranue to I•ciocate.
replace or remove lacilities placed on said poles by Licensee, or in the event the
City should transfer them to substituted poles Or pel'J01'111 any other wort: in
connection with said facilities which ma\ he required in maintenance.
replacement. removal or relocation ofsaid pales. the facilities thereon or facilities
which may he placed thereon. the Licensee hereby waives any and all claims
au,ainst the Cite arisim�-, li•onl such aCd011 Oil the part ol'thC City. and the Licensee
Shall indenulil'v. sa\e alld hold har1111eS5 the Cite liom any and all claims li)r
injul'ies and damauc as I result of the Cite taking, am' of such actions as set Otit ill
this paragraph. and said Licensee hereby waives all claims a�:anlst the C'it} for
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liahilit% fur interference ith setA ice beeaLlse cif' am actin it% of the City dzn-in"
such emergencies or repair of City facilities. Licensee agrees to make no claims
whatsoever against the Cit\ for any activities oil the part of the. City taken under
amp provisions of this paragraph.
}. Licensee's cables. wires and appliances, in each and every location, shall be
erected and maintained in accordance With the ['eg1li1'e1llents and speritiCad Ons of
the Cite. and in Compliance with an\ rules or ordinances of the Citti' not\ Ol,
hereafter placed in effect by t1u Cite or other authol-itV haVino jurisdiction.
4. In the cvertt that an% pole or pules of the City to which Licensee desires to make
attachments are inadequate to support (lie additional facilities in accordance \Kith
the aforesaid specifications. the Licensee shall indicate ore the application the
changes neccssary to provide adequate pales. therel)v requesting that these
changes be made. The Cite will replace such inadequate pules \N ith suitable Mules
amd Licensee \%ill. on demand, reinlhurse the Cite of the entire nonbetterment
portion of the cost and expense thereof, including the increased cost of larger
j)olcs. sacriliced lice valtte of poles removed, cost of removal less any satvage
reCot,ery_ and the expense of transferring the City's facilities front the old to the
new poles. `Vhere Licensee's deslr'Cd attachments can he acconlnlodated on
present poles of the: Cite by rearrungin-) the ('itv's facilities thereon, Licensee \\ ill
Compensate the C'it\I'ur the fall expense irtcrlr-CCl in Contpletitlg such
rearran4,)ement. Licensee will also. on demand, reimburse the o\\-nCr err oWners of
other facilities attaChk2d to said poles for ail\ expense incurred by it or therm in
transterring or rearranging said facilities. nV strengthening 01' pales (�gtt�ingl
required to accommodate the attachments or Licensee shall be provided by and at
the expense of Licensee.
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. The City' reserves to itself. its Successor and assi�,,ns, the right to maintain its holes
and to operate its facilities thereon in such manner as will best enable It to Fulfill
its owi sci-vice requirements. The Cite shall not be liable to Licensee fair all\
interruption to ser" ice of licensee or fur interference with the uperLition of' the
Cables, ml-es and apphalices of 1.1ce 5CC arisin-' in any illamiel- 01,11 ill the Use Llt
the CM-'s pule, hcreLlnder.
6. The City. because of the Importance of its Service. reserves the riuht to inspect
each new, chanZ��ed or rearranged installation (if Licensee on its poles: and
Licensee shall, on demand, reimburse the City for the expense of such
inspections. SLICII inspections, made 01- not, shall not OpClUte to relieve LiCellSee
01'am responsibility. obli`.!atiCM 01- habllll\ USSLMICd Linder This Agrcci-imit.
7. Liccll�ee shall pav to the Cit\ . lot' attachments made to Poles UndC1' this
:V1I-CC111el1t. a rental at the rate 01' FOUR AND 551100 DOLLARS (,$4.55) per
pole per year From January 1, 1999 to Jule 1. 1999. Oil each Jule 1st thereafter.
the pine rental rates shall be increased by foLII- (4) pel'ccllt. Said rental shall be
payablc semi-anilually in advance on the first den- ui' killuary and the first day of
JUIN ()C CaCh Cal' dlll'in1 Which this .'1LIYU111C111 i'Cl11atIIS In CfleCt. Sellll-allllLidl
I'elltal paylllcilts shall be based till the IlLimber 01I)OICS Up011 which attachments
are helm) maintained oil the first da`' of Mav and the first dal' of November.
respectively. The first payment of' rental hereunder shall include pro rata amount
as may he due for use of poles from the effective date llcrtof. A ten percent
( I(i" o) late payment penalty mll he Char-7ed if,paynnrlt is not recei\ed by the City
0l'LLlhhoL:k b\ thil'Iv (30) days alter the statement Is rendered.
8. Licensee shall exereisc such precautions to avoid damaue to facilities of the City
and all other 111C:llltiCS Currently sLlpported oil said poles. and hereby -ISSLIIIICS all
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responsibilit% for an\ and all iOSS or dallul`ac caused by LiCCnSCC. LiCCnSee Shall
inlulclliatclV report to the Dil-CCtor 01` LUbhOck PU\Ver Lund Li&!ht the OCCUI rence of
any damage done by Memee. and hereby agrees to reimburse the Cite Or the
CXpensC incurred in makino neces,aryrepairs.
9. Licensee shall indemnify. protect and save harmless and insure the City from and
wain t any and all claims and demands Or dalnages to property and illjury Or
death to person. including, ha) lnents Made under un) \%01-kmen's c011111ensatio ll
la\\ Or under an\ plan for t1111)10LtC'S Jisabiiil\ and death heuelitS. Which May
al,i�,C OLIt Of OF he CIUSs2d b% the CrCCtloll. IllalllIcHance, prCsent USe Ur I'elllo\al (fl
Said attathilleuts Or h\ the proSllllltVoI lhC 1'CSpcttlV'e tables, Rll'CS, appal'atU5 and
appliances o1 the pallics hereto of by any act of Licensee oil or in the Vicinity of
the City's poles. Llctlhee shall earn- 1nSurancc. In Such form and In such
compalllcs� as are satisfactory to the City, to protect the parties hereto from and
01-1alnst all\ and all claims. dellland5. AMiO11S,-IlldgIl1CntS. COSTS, CXpC1lSCS and
habihtits of c\cl'V name and 1111t1IrC \\h1Ch Illa\ arISC Or I-CSUIt_ directly or
llldirectl\, from or by rawoll OFSKI IOSS, lnjUq OI' damage. The amoums o1 sled,
Wst mace a`'Alnst hablltt\ due to damage to property Shall be ill the Illillllllulll
Amount of ONE Ilt."NDRFD THOUSAND :AND NOi100 DOLLARS
($100,000.00) as to any one person and DIVE HUNDRED THOUSAND ,AND
NW100 DOLLAR-, (` 500.000.00) CIS to an\ one atCident. and a4lailtSl hUhilit\ for
illjuritS or death of ptrSons- l VI: 1It INDRI.1) 11IOt (SAND AND NO lull
I)i)1_IARS (SAW,UfWAM) aS to any one person and ONL MILLION DIVE
HUNDRED THOUSAND AND NO/100 DOLLARS (S1. MMOT00) as to any
one accident, but in no event will Licensee's liability be limited in the event of
loss or damage in excess of such sums. Licensee shall also carry Such insurance
as kill protect it from all claims under all\ k%urkmen'scompensation la\1s in effect
that may be applicable to it. All insurance rccluired shall remain in force for the
entire life of this A�—,rcemcllt. alld lllltll all Licensee's files and attachments are
removed from City's pules. The compam of companies lsstllllt such insurance
shall he approwd h\ the City and each pollC\ shall haN e attached thereto a waiver
(d ;uhn,LMciun. LICcnscC ;hall submit to talc Cltl ccrtif7Cates h\' each colllparly
insurins Licensee to the eflcct that it has insured Licensee for all liabilities of
Lleensee under this A')I-Cement. and that it \kill not cancel or change any police of
insurance issued to Licensee except after thirty (0) days notice to the Cite
SecrCtary ol'the Cit ol'Luhbock.
ll). I.iCensce nlav at am time rcnlove its attachments from any pole or poles of the
C'it\ that arc not needed by it, but shall innrllediatek psi\e the C'ilk m-Itlen notice
of surfl l-enluN',11 in a form presc:ribed h\' the Cin . NO I-Cfund of any rental shall be
dLIC on account of sueh removal.
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11. Upon notice from the City to Licensee that the tlse of Lilly' bole or poles is
forbidden by la1v or ohjcctionable to and' public authority, the permit coverino, the
use 01' such pine or poles shall immediately terminate and the cables, \� ires and
appliances of Licensee shall be removed at once tram the afteeted pale or pules.
12. Bilks (or inspection expenses and the anther charges properly prepared and
documented under this A�(reement other than rentals shall be payable at the office
of the :Assistant C'it- Nlanaucr for Financial Services/Director of finance, Cite
hall. Lubbock. Texas. �v ithin thh, 1 M &gs after presentation. Nonpa3vicnt of
bills shall constitute a default ofthis .1�rcenlent.
13, l'iWre to enforce or Insist upon compliance \ilth any 01 the 1er111S Or Co11dit1onS of
this :lzgrcenlent shall not constitute a general m ah er or relinquishment of tiny such
terms or conditions. but the same shall he and remain at all times in full torcc and
Meet.
14. Nothing herein contained ;hall be construed as affecting the rigNs or pdvHcges
previously conferred by the Cite. by connact or other« ise. to others. not parties to
this Agreement. to use any poles cowed by this Agreement: and the CIA shall
hate the right to continue and extend such rights or privileges. The attachment
prit ileges herein granted shall at all times he Subject to such existing contracts
and '11-rangelllent5.
1 �. vu use. 11o«e� er extended. i>i'the City's poles under this A`�rccment. shall create
or \rest in Licensee any .o"vership or pnMert, rights in said poles, but Licensee's
rights therein shad be and remak a mere license. NothillE", herein contained shall
he construed to compel the City to maintain an) ol'said poles for a period %ger
than demanded by its unn sery ice reCluirements.
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16. If Licensee shall 1'Llil to comply with anti of' the provisions oC the Agreellwill.
inelLILling the SlleCitlCatlons hereinabovc 1'elCITCd to, 01- Cletatllt III all\Of its
oNioations or cnycriants under this A, -,regiment. and shall fail \\ithin thirty (;l.))
days Alter written notice trolll the Cit\' 10 COl'1'CCt SLICII CletLlUlt. 01- 11011CO)llphance.
or to comply with ally Covenallt hCreln made. the City may. Lit its option. forthwith
ternlinate this ALITCement. but failure to terminate this A�,reement shall nut he
Construed to act as all CSLoppll Or waiver of all\ CaLiSe 111 aC't1011 tOr da111a`!es for
bleach Of contract or LIny Other actioll ill la\\ or equity a1'allable it) City.
17. -1 his Auiwment shall become CffCCti\e up011 its execution. and 11 not terminated
in accordance \\ ith other applicable provisions of this Aoreemeni. shall Continue
in elJ,I ct durill, the term of the franchise heretofore granted to Licensee by Cit} of'
LLihbock. ('pun termination of this Agreement by termination of Licensee's
Franchise in accordance \\ ith all\ ol, the terms ol, Sllid franchise. I.ICens-Ce. Shull.
\\ithin a reasonable time_ remove its cables. wires and appliances from Lill poles ol`
the UIL\ . 11 ]lot till re1111)l CC1 the C Il\' Sha11 hat C t11e ri"Ilt to rClll0\'e thclll it the
Cost alld CXpellSe Of the I ACC'IISCe and W10101.11 L111V liability therehn-e.
19. Licensee shall furnish bond or evidence of Contractual insurance coyera-�,e in an
arnoLult not IeSS than hIV! 'fll[)('SAND AND NO/100 DOLLARS ($5.000.00)
in a form and with companies satist'actory to the City to guarantee the pad mcnt o1
ariv surlla \\hich ma\ heconlC due to the Ot i()r rentals. inspeCtit)ns, or fur \Mork
performed Im the henetit of the LiCCIISCC under this A01-eenleilL, including the
l'elll0\ IIi OI atlLIC11111C11tS lll1011 t11111111Llti011 01 this Agcenicnt by Llll\, of its
pl'O\'lS1O115.
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19. A complete set of updated maps showing all cable facilities and locations and
specifying City boles shall be provided to the City as requested ninety (90) days
alter eXCCL10011 of this Agreement.
SuNect to atl Other provisions Ol this Agreement, this Agreement shall extend t0
and bind the successors and assigns of the parties thereto.
EXECUTED by the dL1IV authorized officers of 1'ECII TELEPI IONI; COMPANY, LTD..
and by the Mayor oC the City of Lubbock, Texas, in duplicate on this the 95th day of
February .1999,
CITY OF LUBBOCK,:
I Y SITT( '. M: YOR
ATTEST:
Wayt 1 arnell. Cite Secretary
APPROVED AS TO CONTENT:
lchard F3u1-dine. Assistant City Munagcr
APPROVED AS TO FORM:
o Id G. andi� er. 'first . ssistant City
A torne)'
Ddcon/'rechpole. doc
TECH TELEPHONE COMPANY. I.TD.
X.�rw
GL•NFRAL MANAGER: 41
ATTEST:
�wf�rl/tr
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