Loading...
HomeMy WebLinkAboutResolution - 2000-R0361 - Street Use License- Williams Communications Inc.-Subsurface Communications Cable - 10/12/2000Resolution No. 2000-RO361 October 12, 2000 Item No. 42 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 Street Use License for a subsurface communications cable, by and between the City of Lubbock and Williams Communications, Inc., and related documents. Said agreements are 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 12th day of October , 2000. r ffm"TI) ATTEST: City Secretary Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Linda Chamales Supervising Attorney/Office Practice gs: ccdocs/W illiamsCommunications,Inc .res September 19, 2000 Resolution No. 2000-R 0361 October 12, 2000 Item No. 42 STREET USE LICENSE THE STATE OF TEXAS § COUNTY OF LUBBOCK § This indenture made this 12th day of October , 2000, being the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, and WILLIAMS COMMUNICATIONS, INC., hereinafter called "LICENSEE." WITNESSETH: Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does hereby grant to the LICENSEE, the right, privilege and license to use portions of dedicated streets, for a subsurface communication cable, and being further described as follows: BEGINNING at a point in the city of Lubbock Right -of -Way on the North side of 50`x' Street, just West of Avenue A; THENCE Westward along the North Right -of -Way of 50" Street and across I-27 to a point in the city of Lubbock Right -of -Way on the East side of Avenue P; THENCE Northward along the East Right -of -Way line of Avenue P to a point in the South Right -of -Way of 19" Street; THENCE East along the South Right -of -Way of 19' Street to its intersection with Avenue N; THENCE North across 19' Street along the East Right -of -Way of Avenue N to a point in the East Right -of -Way of Avenue N, just North of 16" Street; THENCE West across Avenue N to a point in the West Right -of -Way line of Avenue N; THENCE Northward along the West Right -of -Way line of Avenue N to a point in the West Right -of -Way of Avenue N, just North of Main Street; THENCE Eastward across Avenue N and along the North Right -of -Way line of Main Street to a point in the East Right -of -Way of Avenue E; THENCE South along the East Right -of -Way of Avenue E to a point in the South Right - of -Way line of Broadway; THENCE East along the South Right -of -Way of Broadway to a point in the West Right - of -Way of Avenue A. The term of this grant shall be for five (5) years from date hereof, and shall be automatically extended for successive five (5) year terms not to exceed twenty (20) years in any event unless either party shall give written notice of termination to the other party sixty (60) days before the expiration of the first, second or third five (5) year term, as the case may be, and the CITY OF LUBBOCK retains the right at its election to cancel and revoke this license, with or without cause, upon thirty (30) days notice to LICENSEE. Said notice shall be deemed properly served if deposited in the post office, postage paid, addressed to LICENSEE at 2600 One Williams Center, Tulsa, Oklahoma 74172, or the last known address of LICENSEE. Upon the expiration or cancellation and revocation of this license by the CITY OF LUBBOCK, or the abandonment of this license by the LICENSEE, the improvements that are permitted under this license shall be removed by the LICENSEE and the property shall be restored to its original condition at no cost or expense to the CITY OF LUBBOCK within a reasonable length of time. In the event LICENSEE fails or refuses to remove such improvements after demand by the CITY OF LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be removed such improvements, and the expense incurred shall be assessed against LICENSEE, for which LICENSEE shall be liable. 1. LICENSEE shall pay to the CITY OF LUBBOCK as compensation for such grant the sum of FIVE THOUSAND EIGHT HUNDRED FIFTY AND 301100 ($5,$50.30) DOLLARS cash in advance contemporaneously with the acceptance and execution hereof by LICENSEE for the first five (5) year term of this license, and thereafter such rate of compensation may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of compensation which is based on procedures and policies as established by the City Council of the CITY OF LUBBOCK, based on an appraisal of the fair market value of such land by the Right -of -Way Department of the CITY OF LUBBOCK, as applied to the formula for determining such rate established by the City Council. If such rate is not changed by the CITY OF LUBBOCK, the rate for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the LICENSEE of any change in rates in writing ninety (90) days before the start of the five (5) year term to which such change in rate shall apply, and if such notification is not timely made, then the rate for the preceding five (5) year term shall apply. 2. The LICENSEE agrees to pay all costs arising out of the exercise of this license herein granted, including but not limited to, the replacement and repair of paving, sidewalks and utilities of any nature damaged as a result of the construction authorized by the license. 3. In the event the CITY OF LUBBOCK determines that the license herein granted interferes with or causes the rerouting or realignment of any public utility, franchised utility or sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or franchised utility, LICENSEE agrees to reimburse the CITY OF LUBBOCK or such utility, as the case may be, for its expense in relocating or rerouting over and above the expense which would have been incurred except for LICENSEE`S use herein. 4. This license is not transferable by the LICENSEE without first receiving the writ- ten consent of the City Manager of the CITY OF LUBBOCK which shall not be unreasonably withheld or delayed. 5. This license is made subject to the condition that should the LICENSEE exercise any right under this license and prepare or begin or complete any part of the construction as herein contemplated across any or all of the above described property, then and in that event, said LICENSEE, its successors and assigns, will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents, servants and employees harmless from any and all claims, demands, actions, causes of action and suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the making of this license or the construction or maintenance permitted herein. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by LICENSEE to perform the construction, repair or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractors. The CITY OF LUBBOCK may further require any of said contractors, when engaged in the construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in an amount and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement, and a certified copy of a policy of public liability insurance assumed by said contractors in said agreement with the CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to LICENSEE prior to incurring any costs or expenses or the payment of any such claims or demands in order to give LICENSEE a reasonable opportunity to settle or adjust the same. 6. LICENSEE agrees and is required to furnish a policy of public liability and prop- erty damage insurance within limits specified by and in a form satisfactory to the City Attorney for the CITY OF LUBBOCK, and which names the CITY OF LUBBOCK as the insured, said policy covering the uses herein granted. 7. All of the covenants and provisions of this license shall be binding upon and inure to the benefit of the successors, legal representatives, assigns and the duly authorized agents and contractors of the parties hereto to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by the LICENSEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of the City Of Lubbock in each instance, except as specified in numbered paragraph four (4). 8. LICENSEE, by the acceptance of the uses permitted herein, understands and agrees that no interest, title or rights of possession are intended or implied except those expressly STREET USE LICENSE set forth herein, and LICENSEE waives any and all claims in and to the public way it is permitted to use hereby and agrees to give peaceful possession of said property covered herein upon termination or cancellation of this license. 9. LICENSEE hereby agrees to abide by all applicable City of Lubbock ordinances, including the requirements of Chapter 26, other than franchise fee provisions, if the LICENSEE is a telecommunications services provider as defined by that Chapter. ATTEST: City Secretary AS TO CONTENT: Ed Bucy, Right -of -Way Ageff APPROVED AS TO FORM: Linda Chamales Supervising Attorney/Office Practice AGREED TO AND ACCEPTED this THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK WINDY SITTQN, MAYOR' day o' , 2000. WILLIAMS COMMUNICATIONS, INC. NAME: `WILLIAM P HARVVE1 I Attorney -ire -fact TITLE: BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared WINDY SITTON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same as the act and deed of the CITY OF LUBBOCK and as its MAYOR for the purposes and consideration herein expressed and in the capacity therein stated. i GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2000. �j a L --RL'" Notary P lic in and for thV State of Texas z My Commission Expires: () 4t P� . — 0 O SYLVIA H. REYES Nchq Pubic, State of Texas • my Cornmission Expm STREET USE LICENSE THE STATE OF QX-IpWpMq § COUNTY OF `��,,,�cL § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared — Ik_ Cum P. l-ecu--i')em , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and as act and deed of said WILLIAMS COMMUNICATIONS, INC. GIVEN UNDER MY HAND AND SEAL OF OFFICE this a day of 2't 12000. D5.5/S UU W i 11 iamsCommunication.doc September 19, 2000 C�), CIA Notary Piolic in and fort take of C�k.loan�0 My Commission Expires:— Tr�o,&Ck, y ao0J STREET USE LICENSE CITY OF LUBBOCK INTEROFFICE MEMO TO: Larry Hertel, City Engineer FROM: Ed Bucy, Right -of -Way Agent DATE: September 28, 2000 SUBJECT: Agenda Items and Comments for City Council Meeting on October 12, 2000 CITY OF LUBBOCK AGENDA ITEM SUMMARY CONSENT AGENDA ITEM #/SUBJECT # Consider a resolution authorizing the Mayor to execute a street -use license with Williams Communications, Inc. for an underground communications cable (50`h and Avenue A westward to Avenue P, northward to Avenue N and Main Street, then eastward to Broadway and Avenue A.) BACKGROUND/DISCUSSION: Williams Communications has submitted an application for a street -use license for their fiber optics interconnectcable. This company connects their cable with other communications cable companies to improve cable communications. The route Williams plans to use is to begin in TxDOT right-of-way at 50,^ Street and Avenue A, westward to Avenue P, northward to 19' Street and Avenue N, then northward to Main Street and Avenue N, then eastward to Avenue E and Main Street, then southward to Broadway, then eastward to Avenue A. The total length of the route is 19,796 feet for a one -foot wide license. The charge for this is calculated as follows: 4,550 feet at $0.50 per sq. ft. (50' St. rate) = $2,275. 4,686 feet at $3.00 per sq. ft. (downtown average) = $14,058. 10,560 feet at $0.30 per sq. ft. (residential rate) = $3,168, Total = $19,501. Using the street - use license formula for an underground street use, the value is $19,501.00 x 10% x 60% = $1,170.06 per year or $5,850.30 for five years. Therefore, Williams Communications will pay the City $5,850.30 for the first five year term of this 20 -year license. SUMMARY/RECOMMENDATION: The Right -of -Way Department recommends the approval of this street -use license with Williams Communications.