HomeMy WebLinkAboutOrdinance 2822
ORDINANCE NO. 2822
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS
GRANTING A LICENSE TO TRI-COUNTY ELECTRIC COOPERATIVE,
INC., TO USE A DESIGNATED RIGHT-OF-WAY WITHIN THE CITY OF
NORTH RICHLAND HILLS FOR INSTALLATION AND MAINTENANCE
OF ELECTRIC POWER LINES AND APPURTENANCES; PROVIDING
FOR FAIR AND REASONABLE COMPENSATION; PROVIDING TERMS
AND CONDITIONS OF THE LICENSE; PROVIDING THAT ALL
ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED
TO THE EXTENT THAT THEY ARE IN CONFLICT; PROVIDING A
SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a home rule city acting
under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, Tri-County Electric ("Licensee") desires the use of public rights-of-
way along a portion of Davis Boulevard (FM 1938) to Precinct Line Road (FM 3029).
WHEREAS, the use of the City's rights-of-way under the License granted by this
Ordinance will be conducted in such a manner that it is not inconsistent with other uses
of the City's rights-of-way and will not be used to provide electric services within the
City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS:
SECTION 1.
Grant of Use. A non-exclusive License is hereby granted to Licensee to use and
occupy a portion of the City's right-of-way for the installation and maintenance of electric
power equipment in, across, or under the public right-of-way located as follows:
In the East right-of-way of Davis Boulevard (FM 1938),
between the City's North boundary line and extending South
to the intersection of Davis Boulevard (FM 1938) with
Precinct Line Road (FM 3029), thence East in the North
right-of-way of Precinct Line Road (FM 3029) to the point
Precinct Line Road (FM 3029) turns South, thence South in
the East right-of-way of Precinct Line Road to the Colleyville
city limits, such license being limited to an area five feet in
width, one foot West of the East right-of-way line and one
foot South of the North right-of-way lines of said roads,
Ordinance No. 2822
Page 1 of 7
--_.__.~."-----
Licensee's right to use and occupy the Designated Rights-of-Way is not exclusive and is
subordinated to the right of the City to use the licensed area for any public purpose or to
grant a similar use to other persons or entities during the term of this License. The total
length of right-of-way for which this License is granted is 1,000 feet.
SECTION 2.
Term. Extensions. Cancellation. The term of this License begins on the date of
acceptance by Licensee and terminates on December 31,2009. This license shall be
automatically extended for successive one (1) year terms after the initial term. This
license may be terminated by either party upon 180 days written notice to the other
party. No cause shall be required for such termination.
SECTION 3.
Compensation to the City. As compensation for the use and occupancy of the
Designated Rights-of-Way, Licensee shall pay to the City an annual payment of
$1,500.00 per mile of right-of-way occupied calculated by the following formula: (linear
feet of electric line divided by 5,280) x ($1,500.00). The first annual payment is due and
payable within 10 days after the effective date of this License and within ten (10) days of
each anniversary date of this effective date. If not paid within ten (10) days of each due
date, interest shall accrue until paid at the annual rate of ten (10) percent. Annual
payments shall be increased by the CPI rate utilized by the City for other fees.
Payments shall be made payable to the City of North Richland Hills. The annual
payment is in addition to and exclusive of, all general municipal taxes and fees,
including but not limited to, ad valorem taxes, sales taxes, special assignments, and
permit fees.
SECTION 4.
Administration of the License. The City Manager or his designee shall be
responsible for the administration of this License and shall review the operations of
Licensee in the Designated Rights-of-Way. Upon reasonable written request by the City
Manager or his designee, Licensee shall provide the City information as to all matters in
connection with or affecting the location, construction, reconstruction, maintenance and
repair of Licensee's facilities in the Designated Rights-of-Way. Licensee shall report all
material changes to Licensee's facilities to the City Manager or his designee.
SECTION 5.
City Work. If the City, in the exercise of discretion, determines that work should
be done in connection with a public improvement that will affect the Designated Rights-
of-Way and any Licensee's installation, Licensee, at its sole expense, shall move or
modify its installation or equipment as required by the City.
Ordinance No. 2822
Page 2 of 7
SECTION 6.
Remoyal of Licensee EQuipment. At the time this license is terminated for any
reason, if no renewal of the License, replacement license, or franchise is approved by
the City, Licensee shall remove all installations of equipment located in the Designated
Rights-of-Way and restore the premises to its former condition. If the Licensee fails to
remove its installation or restore the premises, the City shall have the right to perform
the work or cause the work to be performed and recover the costs of the work from the
Licensee.
SECTION 7.
Insurance. Licensee shall carry, at its sole expense, public liability insurance
against personal injury and property damage with a company authorized to do business
in the State of Texas satisfactory to the City, against any and all claims for damages to
persons or property as a result or arising out of the use, operation, and maintenance by
Licensee of the Designated Rights-of-Way and Licensee's installations, equipment,
landscaping, and other works in the area. The insurance shall be in an amount of not
less than:
Property damage per occurrence
Bodily injury or death per occurrence
Commercial general liability
$ 500,000
1,000,000
1,000,000
The policies shall bear an endorsement to the effect that no cancellation shall be
effective without first giving thirty (30) days written notice to the City. Licensee shall
furnish the City a certificate evidencing this insurance coverage within thirty (30) days of
acceptance of the terms of this Ordinance. Should Licensee allow the insurance
coverage to lapse, or fail to provide a certificate as required during the term of this
License, the City shall have the right to terminate the License.
SECTION 8.
Indemnity and Waiver of Claims.
(a) LICENSEE AGREES TO INDEMNIFY, DEFEND, AND HOLD THE CITY
HARMLESS AGAINST ANY AND ALL CLAIMS FOR DAMAGES, COST, AND
EXPENSES, TO PERSONS OR PROPERTY THAT MAY ARISE OUT OF, OR
BE CAUSED BY THE USE, OCCUPANCY, OR MAINTENANCE OF
LICENSEE'S INSTALLATIONS AND EQUIPMENT WITHIN THE DESIGNATED
RIGHTS-OF-WAY, OR FROM ANY ACT OR OMISSION OF ANY
REPRESENTATIVE, AGENCY, EMPLOYEE, CONTRACTOR, OR
SUBCONTRACTOR OF LICENSEE. THIS AGREEMENT SHALL ALSO COVER
ANY CLAIM FOR DAMAGE THAT A UTILITY, WHETHER PUBLICLY OR
PRIVATELY OWNED, MAY SUSTAIN OR RECEIVE BY REASON OF
LICENSEE'S FAULT OR NEGLIGENCE IN THE USE OF THE DESIGNATED
RIGHTS-OF-WAY.
Ordinance No. 2822
Page 3 of 7
(b) Licensee shall not make any claim against the City for damages that it may suffer
by reason of installation, construction, reconstruction, operation or maintenance
of a public improvement or utility, including, but not limited to, water and sanitary
sewer lines, mains, and storm water and drainage utilities by reason of loading,
infiltration, backflow, or seepage caused from the failure of any installation,
natural causes, or from any other cause.
(c) It is the intention of this indemnity and waiver and a condition of this License, that
it shall be a full and total indemnity against every claim that may be assessed
against the City by reason or as a consequence of having granted permission to
Licensee to use the Designated Rights-of-Way. Notwithstanding anything
contained in this section, as between the City and the Licensee and without
waiving any governmental immunity of City, Licensee shall not indemnify the City
for any acts of negligence on the part of the City.
SECTION 9.
ExistinQ Facilities. This License is subject to any existing utilities or
communications facilities presently located within the Designated Rights-of-Way.
Licensee shall not construct or place installations in the Designated Rights-of-Way in
such a manner as to interfere with the operation of any utility or communication
facilities. All utilities and communication companies shall have full right of ingress and
egress to or from and upon the Designated Rights-of-Way for the purpose of
constructing, relocating, inspecting, patrolling, maintaining, and removing their systems
without necessity of procuring permission from anyone.
SECTION 10.
License Violations. If Licensee fails to comply with any provision of this
License, the City shall give Licensee written notice of the violation or failure to comply.
If Licensee does not begin efforts to cure the violations within thirty (30) days after the
receipt of the written notice, the City Council may terminate the license by providing
Licensee a fifteen (15) day written notice of a public hearing on the termination, allowing
Licensee to present its case to a quorum of the City Council at said public hearing prior
to the termination of this License.
SECTION 11.
Venue and GoverninQ Law. Venue of any court action brought by reason of
this License shall be in Tarrant County, Texas. This License shall be construed under
and in accordance with the laws of the State of Texas, and all obligations of the parties
created by this License are performable in the City of North Richland Hills, Texas. This
License is subject to applicable state law and the ordinances of the City of North
Richland Hills, Texas as they exist or may be amended.
Ordinance No. 2822
Page 4 of 7
SECTION 12.
Assianment. Licensee shall not assign this License without prior approval from
the City Council, which will not be unreasonably withheld. Licensee shall give written
notice to the City of its desire to assign this License and represent that the proposed
assignee accepts the terms and conditions contained in this Ordinance. Any
assignment approved by the City Council shall be subject to the terms and conditions of
this Ordinance.
SECTION 13.
Notices. Notices required by this License may be given by registered or certified
mail deposited in the United States Mail, postage prepaid. Either party may change the
address at which its notices are received by giving written notice to the other to change
the address. Until a change is made, notices to the City shall be delivered to:
Larry Cunningham, City Manager
City of North Richland Hills
7301 N.E. Loop 820
P.O. Box 820609
North Richland Hills, TX 76182-0609
With a copy to:
George A. Staples
Taylor, Olson, Adkins, Sralla & Elam, L.L.P.
6000 Western Place, Suite 200
Fort Worth, Texas 76107
Until a change is made, notices to the Licensee shall be delivered to:
Tri-County Electric Cooperative, Inc.
Attn: Executive Vice President and General Manager
600 N. W. Parkway
Azle, Texas 76020
Ordinance No. 2822
Page 5 of 7
SECTION 14
Prohibition to ProvidinQ Services Within the City. The License granted by
this Ordinance does not authorize Licensee to provide electric services within the
corporate boundaries of the City.
SECTION 15
This Ordinance shall be and is hereby cumulative of all other ordinances of the
City of North Richland Hills and this Ordinance shall not operate to repeal or affect any
such other ordinances except insofar as the provisions thereof might be inconsistent or
in conflict with the provisions of this Ordinance, in which event such conflicting
provisions, if any, in such other ordinance or ordinances are hereby repealed.
SECTION 16
If any section, subsection, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance.
SECTION 17
This Ordinance shall become effective and shall be in full force and effect after
passage and adoption by the City Council of the City of North Richland Hills, Texas.
PASSED AND APPROVED ON THIS 28TH DAY OF FEBRUARY, 2005.
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APPROVED:
CITY OF NORT
ICHLAND HILLS
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Patricia Hutson, City Secretary
Ordinance No. 2822
Page 6 of 7
APPROVED AS TO FORM AND LEGALITY:
APPROVED AS TO CONTENT:
~ Director of Administrative/Fiscal Services
Ordinance No. 2822
Page 7 of 7
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INVOICE
Star - Telegram
400 W. 71h street
FORT WOR I'l L FX 76102
(817) 390 -7761
Federal 'Fay II) 22- 3148254
Bill To:
CITY OF N RICHLAND HILLS /SECRET
PO BOX 820609
NORTI I RICI ILAND HILLS, TX 76182-
Customer ID:
Invoice Number:
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number:
Sales Rep:
Description:
Publication Dates:
Preview
CFF13
252046161
2/17/05
Net due in 21 days
2/28/05
25204616
073
ORDINANCE NO. 2
2/16/05 - 2/17/05
Description Location Col Depth Linage MU Rate
ORDINANCE NO. 2821 ZONING CASE 13580
1 57 57 LINO: S0,36
Amount
$-41.04
ww, ea .un 541.04
An �irLu�nn;.�n Net Amount:
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thF't «rnt Ipn �ti
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THE SAT cars t9':'.oco.c Cn, n ;
clay al;y r;urh viul.rtr ut
County Of shall t,r� .111nvdf�d I "'
,.anti iur' sna11 r,rt;:,L
Before me ' arn "' " t,ri I " " "'r'`'t'f" for said County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
for the Sta, t 'ir >.« Qt ` i`�rti l ' i y `<,i' ' the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the at " ' cll y x;0 I Iertisement was published in the above na ed paper on the listed dates: BIDS 8i LEGAL DEPT. STAR TLEGRAM
)Scar (8 17) 39 0 ' ,
A' rr •tf f ..
,, r •.,, r ,, . ,, , t,., • ., ”,
>er:rc -aar Signed
Af'I'iiUVE -U AS 70 -- - - - -- - - -- --- - - - -- - -
I t'r?M AND t 6f;AL- �
SUBSCRIB ,_;T.. ,t :,• ,,,,t.l,' . .BEFORE ME, THIS Wednesday, February 3 20 5. /
Notary Public C
- - — - -- —
Thank You For Your Payment
Remit To: Star - Telegram
Customer ID:
P.O. Box 901051
Customer Name:
FORT WORTI-1, TX 76101 -2051
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed
CIT13
CITY OF N RICIILAND HIL
252046161
$41.04