Ord 095-98 11/17/1998ORDINANCE NO. 95 -98
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, PERMITTING AND REGULATING THE
CONSTRUCTION, MAINTENANCE AND USE OF A LONG DISTANCE
TELECOMMUNICATIONS SYSTEM BY LEVEL 3 COMMUNICATIONS,
L.L.C., ACROSS, OVER AND UNDER CERTAIN STREETS AND PUBLIC
RIGHTS -OF -WAY OF THE CITY OF WICHITA FALLS; PROVIDING FOR
PUBLICATION; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW.
WHEREAS, Level 3 Communications, L.L.C., hereafter referred to as "Level 3,"
desires use of certain public rights -of -way within the City of Wichita Falls for the
purposes set forth below pursuant to the provisions of the laws of the State of Texas,
and Level 3 is willing to accept the license hereby granted on a compromise basis
without waiving any rights it may have under Article 1416, V.A.C.S.; and,
WHEREAS, the City Council of the City of Wichita Falls has determined, without
waiving any rights it may have under Article 1422, V.A.C.S., that Level 3 is entitled to a
license authorizing the use of public rights -of -way for a period of fifteen (15) years in
accordance herewith for the installation and use of a long- distance telecommunications
system; and,
WHEREAS, the City Council of the City of Wichita Falls hereby finds that the
proposed use of the public streets and rights -of -way for such purpose is in the public
interest and that such license should be granted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. A license for the use of certain streets and rights -of -way of the City
of Wichita Falls is granted to Level 3 and accepted by Level 3 as noted above, subject
to the following terms and conditions.
ARTICLE 1. PURPOSE:
That the City of Wichita Falls (hereinafter "City ") hereby grants to Level 3, its
successors and assigns, a license to acquire, erect, construct, replace, reconstruct,
maintain, use, and operate in, over, under, along, and across certain streets, highways,
alleys, bridges, and public ways of the City (hereinafter the "public right -of- way ") all
necessary or desirable wires, cables, underground conduits, manholes, or other
structures or appurtenances (hereinafter the "facility" or "facilities ") in connection with a
long- distance telecommunications system or systems not including cable television or
local exchange telephone service (hereinafter the "system "), subject to the provisions of
this ordinance. This ordinance is written to authorize a license for the installation of a
fiber -optic cable system in accordance with plans to be submitted and approved by the
City Engineer.
ARTICLE 2. REGULATION OF CONSTRUCTION.
The work done by Level 3 in installing, constructing, replacing, reconstructing,
maintaining, or repairing the system shall be subject to and governed by all laws, rules,
and regulations of the City and the State of Texas, that are applicable to insuring the
work done does not inconvenience the public in the use of the public right -of -way,
including, but not limited to, the following:
A. Prior to any installation or construction within the city limits of the City of
Wichita Falls, Level 3 shall submit engineering plans, sealed by a Professional
Engineer licensed in the State of Texas, to the City Engineer for review and approval as
appropriate. Such plans shall include plan (V = 20') and profile (V = 5') of all public
right -of -way and /or public easement crossings which contain municipal utilities.
Approval of such plans will not be unreasonably delayed, withheld, or denied by the
City, but the City shall have the right to determine both the location and depth (if
underground) within the public right -of -way where facilities may be placed.
B. All excavations and other construction in the streets shall be so carried out as
to interfere as little as practicable with the surface use of the streets and sidewalks and
with the surface use of private property, in accordance with any lawful and reasonable
direction given by or under the authority of the governing body of the City under the
police and regulatory powers of the City necessary to provide for public convenience.
Level 3 shall promptly restore all public right -of -way excavated or disturbed by Level 3
to substantially the same condition as before such excavation, in accordance with the
requirements of the City.
C. Except in an emergency, Level 3 shall not excavate or disturb any pavement
in any public right -of -way or significant amounts of any unpaved public right -of -way
without first securing a permit from the City Engineer. such permission shall not be
unreasonably delayed, withheld or denied if the proposed excavation or disturbance is
in accordance with the terms of this ordinance. The City Engineer shall be notified as
soon as practicable regarding work performed under emergency conditions.
D. The City shall have the power at any time to order and require Level 3 to
remove or abate any facility that is recognized to be dangerous to life or property, and
in case Level 3, after notice, fails or refuses to comply, the City shall have the power to
remove or abate same at the expense of Level 3, all without compensation or liability
for damages to Level 3.
E. Upon request by the City Engineer, Level 3 shall promptly locate for the City
its fiber -optic cable or other facilities within the public right -of -way.
ARTICLE 3. WORK BY OTHERS.
The City reserves the right, subject to further conditions described in this
paragraph, to lay and permit to be laid, storm sewer, sanitary sewer, gas, water, and
other pipelines or cable or conduits, and to do and permit to be done any underground
and overhead installation or improvement that may be deemed necessary or proper by
the governing body of the City, in, across, along, over or under any public right -of -way
occupied by Level 3, and to change any curb or sidewalk or the grade of any street. In
permitting such work to be done, the City shall not be liable to Level 3 for any damage
so caused, nor shall the City be liable to Level 3 for any damages arising out of the
performance by the City or its contractors or subcontractors, not willfully and
unnecessarily occasioned; provided, however, nothing herein shall relieve any other
person or corporation from liability for damage to the facilities of the system. If the City
requires Level 3 to relocate, alter, change, adjust, or conform its facilities because of
changes in the grade of a street or in the location or manner of constructing a water
pipe, sewer pipe, or other underground or aboveground structure owned by the City,
Level 3 shall make the required alterations or changes as soon as practicable when
ordered in writing by the City Engineer without claim for reimbursement or damages
against the City. If these requirements impose a financial hardship upon Level 3, Level
3 shall have the right to present alternative proposals for the City's consideration. If the
City requires Level 3 to remove, alter, change, adapt or confirm its facilities to enable
any other corporation or person, except the City, to use, or to use with greater
convenience, any public right -of -way, Level 3 shall not be required to make any such
changes until such other corporation or person shall have undertaken with solvent bond
to reimburse Level 3 for any loss and expense which will be caused by or arise out of
such removal, alteration, change, adaptation or conformance of Level 3 facilities;
provided, however, the City shall never be liable for such reimbursement.
ARTICLE 4. CONSTRUCTION BY ABUTTING OWNERS.
In the event the governing body of the City authorizes abutting landowners to
occupy space under the surface of any public right -of -way after the date of this license,
such grant to abutting landowners shall be subject to the rights of Level 3 described in
this ordinance.
ARTICLE 5. RIGHTS IN THE EVENT OF ABANDONMENT.
In the event the governing body of the City closes or abandons any public right -
of -way which contains any existing facilities of Level 3, any conveyance of land
contained in such closed or abandoned street, alley, highway or public place shall be
subject to the rights of Level 3 described in this ordinance. If such street closure is
initiated by the City for a public improvement project, as described in Article 3, City shall
have the right under Article 3 hereof to require Level 3 to relocate its facilities at no
expense to the City. In the event that any portion of the public right -of -way that includes
facilities of the system becomes the subject of condemnation proceedings, it is agreed
that Level 3's property rights and interest in such public right -of -way shall be severed
from the City's interest in such proceedings, and any such condemnation awards shall
be specifically allocated between Level 3's interest and the City's interest. The City shall
make a diligent effort to notify Level 3 within a reasonable time of any condemnation
action (or threatened action) filed against the public right -of -way that affects any facility
of the system, or any proposed sale in lieu of condemnation.
ARTICLE 6. INSURANCE REQUIREMENTS.
Level 3 shall maintain public liability insurance in the amount of not less than $1
million per occurrence. Such insurance, a copy of which shall be furnished to the City
Clerk, shall be in effect for the duration of this agreement.
ARTICLE 7. RECORDS.
The City Manager of the City of Wichita Falls, his Assistant City Manager, and
his Director of Public Works shall have the right to be kept fully informed as to matters
pertaining in any way to Level 3's exercise of its rights under this ordinance, including
the installation, construction, replacement, reconstruction, maintenance, and repair of
the facilities of its system in Wichita Falls. Level 3 shall keep complete and accurate
maps, construction drawings and specifications describing the location of facilities of its
system in Wichita Falls. Maps, construction drawings and specifications kept by Level 3
in accordance with this ordinance shall provide for separate and specific identification of
those facilities of the system that are located in the public right -of -way. Any and all
maps, construction drawings, and specifications required by this ordinance shall be kept
and maintained by Level 3. The City shall have the right, at reasonable times and for
reasonable purposes, to inspect such maps, construction drawings and specifications
for inspection.
ARTICLE 8. NOTICE.
Any notice or communication required in the administration of this ordinance
shall be sent as follows:
Level 3 Communications, L.L.C.
14023 Denver W. Parkway, 2nd Floor
Golden, Colorado 80401 -3107
Assistant City Manager
1300 Seventh Street
P. O. Box 1431
Wichita Falls, Texas 76307
Director of Public Works
1300 Seventh Street
P. O. Box 1431
Wichita Falls, Texas 76307
ARTICLE 9. FEE.
A. A fee of $1.00 per linear foot of City right -of -way utilized by Level 3 represents
the lease value of the public right -of -way five foot in width to be used by Level 3 for the
construction of new facilities. Any use of public right -of -way other than that in
connection with the construction of facilities described in plans to be provided by Level
3 to the City is not authorized by this ordinance. The fee payment shall be exclusive of
and in addition to all general municipal taxes of whatever nature, including but not
limited to ad valorem taxes, sales taxes, and special taxes and assessments for public
improvements except as hereinafter provided.
B. The fee shall be paid to the City of Wichita Falls within thirty (30) days after
the effective date of this ordinance. The fee is payable to the "City of Wichita Falls" and
shall be delivered to the City's Director of Public Works.
C. The fee established in Article 9A hereof shall not be affected by any relocation
of Level 3 facilities required by the City pursuant to Article 3 of this ordinance.
ARTICLE 10. ASSIGNMENT.
The rights granted by this ordinance inure to the benefit of Level 3, and any
parent, subsidiary, affiliate or successor entity now or hereafter existing. The rights shall
not be assignable without the express written consent of the governing body of the City
of Wichita Falls, except Level 3 may assign its rights under this ordinance to a parent,
subsidiary, affiliate or successor entity without such consent, so long as (i) such parent,
subsidiary, affiliate or successor assumes all obligations of Level 3 hereunder, and (ii) is
bound to the same extent as Level 3 hereunder. any required consent is to be
evidenced by an ordinance or resolution of the governing body of the City that fully
recites the terms and conditions, if any, upon which consent is given.
ARTICLE 11. LEASING OR DEDICATION OF FACILITIES.
Level 3, without the consent of the City, shall not sublease any of the public
right -of -way it uses in connection with its system to any non -Level 3 company; provided
that Level 3 shall have the right to lease or dedicate its system or any portion thereof, or
otherwise make available facilities of the system to other companies in the ordinary
conduct of its business as a long- distance telecommunications company, so long as
Level 3 retains responsibility for servicing and repairing the facilities of its system.
Notwithstanding the foregoing, Level 3 will not lease any conduit space in the system to
any non -Level 3 company for the placement of any additional cable without the written
consent of the City.
ARTICLE 12. MISCELLANEOUS.
The Director of Public Works is the principal city official responsible for the
administration of this ordinance, and Level 3 recognizes that questions regarding the
interpretation or application of this ordinance shall be raised initially with said Director of
Public Works.
ARTICLE 13. ROUTE OF PERMIT.
Attached hereto and made a part hereof is Exhibit "A," which identifies the right -
of -way locations within which Level 3 intends to install its fiber cable.
SECTION 2. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 17th day of November, 1998.
ATTEST:
City Clerk
MAYOR
EXHIBIT
KEIL RD
ROGERS RD
z
LL
O z
z
sus KIEL LN w
KIEL LN > j
coo e z
287 u
-j
w
287
TIIIATE
IDGE
287 C AIRPOF T
z
-1 287
z 287
f0- > <
0 (9 PECOS ECOS
z w
4-- <
North Sjde (anal ..........
C <
. 9-- z 0
z
M z itx D ALO -�!
w ie Par
z NGVIE
0
ui DGEHIL
z Side. ""VALE CI
287J
M 7�1
C
287J Pleasant Valley z z
z
A C 0 TOR-ru
7RL
ANGLI
z N RD
C 1997 De Street Atlas USA
i
r LIV
0
>
x
s
87J x
LU
Stream.. .......
....... C
Q
YJ
>
0)
z cr
9,e
C11
z
G)
z
0
z
z
z
01
z
To wn: Wichita
01
Re gion: Wichita
0i
4
.....
......
State: TX
........................
Sir ZIP(s) in area:
MOURI` ING DOVE LN
76305
o
3-
LL
F-M 367
P o
0
4
NO
Z
0
Coll
0
.......
Stream :
................
'p,M 367
'.
,�g1
RANCH 367 VAL
z
Err
No
w
4a ef
Wq River....
LU
ir
West Oil Field
M
z
A C 0 TOR-ru
7RL
ANGLI
z N RD
C 1997 De Street Atlas USA
i
to
n
^^
PLEASANT VIEW
<
>
S
SI L
w
PECA qy
A
Fc
240
'
E J
R ON
9y
E LINCOLN
P�
:...
1taR'v�
9 o q
a
N,
_
287J
R DEE ��
Y
S 5
240
9 C F�
m
Williatm.Park HARRELL LN
RANCH 77
G s
0 LWOOD
*
q :.
y
F GERALD
ltn
�..
H� Ry LN
Q
C AUG LIN HANC
X�
z y % F
♦ !11 z
ti�
J
Gs�
?� • Udd P k ODD
0
z
z
OO LAWERY RD:
2>
p_
6�
N g L o
FLOG FUL ER.
p < °
Z z O
w
3
e Z
Q LL
W H RDIN
Fa s <
w
i J ARDIN
OLD PETROUA RD
240 447 W ARCONI
;
z
:]Ow
7J I
z
B ATRICE N
277 479
\ H LEY
o
lG
o h kla a Yards -~
o�TROUT
A
281
z O
m
>
to
dz HAMPTON RD
HPTON
a
ital
L
_o
240
R GODD
L
s UT <
k
�
m
<
y ^G ANDLER D
79
t? a i
ai
O *
tiT r1 of 477 J ONICK
Oa
STIN
447 287J _ ...:
\�
O
t
III @ t7 p
O
n
OF �a
473 — >
m
° 287J I'•.TtyO
O
o
LI AB A
p
TOVT: W1C t
L ILE 7
° o Y Denve
Region: Wic
C u
R
z
>
A
z87J
3'
o State: TX
JEE- EA L 3
21S m �y`i:y IDOWS
-0161,
_
k /\ ZIPS 11111
Kv eti
9
� G�
��
OO
o z 0
76303
82 >
�
n�'
lZ
to HAMLIN Z
ND
SON
m
O DN o`.'
WES z
EL 12
R L D ... _ .. ..._ .. HA
HUKN
AYTO
OLEN
w iY o
287J
LON
RDA
4
qHA
IRE ND
W
< m
> 25TH
�
GLj
DEWELL O
2
D COLE
m O
O
-.AL
A
MD a
m z m
82
79
2
A
28
J
Lt=N I KAL
cn m
82
Creek v
-' w
m
>
'; z
30TH
S C LL
U
SOUT RIDGE
,ouaay:
m
D U
m 3 DUINCY RD
P ODUCTI N
32N ;
Sp1dTA
> >
33RD
DORA z
z
<
34TH
473
c 35TH
D
o v
6TH
O
-n 3 U�
> X 2
37T
OQ�
C
c ,- Q C
THIA
Al III
z
HUNT IT!
o
y z C RISTINE
> z [11 J
n
LDRIC
yG
30
= a m v
3
30
BERT
x ;nN
z <
�' J
z
N OAKS
v
H ON RD E HATTON RD
to
n
t C>
K Pte.,
z
WIDOWS I
SP ip,
E
2
C
Ranch
:ALU F
Town: Wichita Falls
Region: Wichita County
State: TX
ZIP(s) in area:
76303
Wichita Falls
Region: Wichita County
z
State: TX
°
287J
ZIP(s) in area: Region: Wichita County
303
Region: Wic
I
�
`9'
State: TX
p
•
Q
Q-29
State: TX
76302
Z1P(s)in area:
A7
76303
76365
0
DEE
Park
HARRELL LN
RANCH 77
p
LWOOD
aWilliams
3
GERALD
HIC FZY LN
Qp
HANpC
o
J O
Z
p
LAWERY RD:
t C>
K Pte.,
z
WIDOWS I
SP ip,
E
2
C
Ranch
:ALU F
Town: Wichita Falls
Region: Wichita County
State: TX
ZIP(s) in area:
76303
Wichita Falls
Region: Wichita County
z
State: TX
°
287J
ZIP(s) in area: Region: Wichita County
303
Region: Wic
Town: Henrietta
State: TX
Region: Clay County
ZIP(s) in are
State: TX
76302
Z1P(s)in area:
A7
76303
76365
ORDINANCE NO. 95-98
ORDINANCE OF THE
CITY COUNCIL OF
THE CITY OF WICHITA
FALLS, TEXAS, PER-
MITTING AND REGU-
L A T I N G T H E
CONSTRUCTION,
MAINTENANCE AND
USE OF A LONG DIS-
TANCE TELECOMMU-
NICATIONS SYSTEM
BY LEVEL 3 COMMU- g Here)
NICATIONS, L.L.C.,
ACROSS, OVER AND
UNDER CERTAIN
STREETS AND PUBLIC
31GHTS -OF -WAY OF
THE CITY OF WICHITA
FALLS; PROVIDING
FOR PUBLICATION;
FINDING AND DETER-
MINING THAT THE
MEETING AT WHICH
THIS ORDINANCE WAS
PASSED WAS OPEN TO
THE PUBLIC AS RE-
QUIRED BY LAW.
ORDINANCE NO.96 -98
ORDINANCE CLOSING
AND ABANDONING A
PORTION OF ARTHUR
STREET AND AVENUE
"U" IN THE HIGH-
LAND ADDITION, AND
BEING CONDITIONED
UPON THE FILING OF
A FINAL PLAT; DE-
TERMINING THAT
THE MEETING AT
WHICH THIS ORDI-
NANCE WAS PASSED
WAS OPEN TO THE
PUBLIC AS REQUIRED
BYLAW.
A ORDINANCE NO.97 -98
„e'er' ORDINANCE AUTHO- LEWIS
9 RIZING THE CITY UBW
1 MANAGER TO ACCEPT <r
q, FY 1998 LOCAL LAW
+r EN =OAA
�A BLOCK GRANT AND
�lauar
TO APPROPRIATE ",�a....naase6l
$264,000.00 IN THE SPE-
CIAL REVENUE FUND
OF THE CITY; DETER-
MINING THAT THE
MEETING AT WHICH
THIS ORDINANCE WAS
PASSED WAS OPEN TO
THE PUBLIC AS RE-
QUIRED BY LAW.
ORDINANCE NO.98 -98
AN ORDINANCE OF
THE CITY OF WICHITA
FALLS REPEALING
SECTIONS 7- 16(4);
18 -1/4 -3 (AMENDING
i SECTION 106.1 OF THE
SOUTHERN STAN-
DARD H O U S I N G
CODE); AND SECTION
18 -1/ 2 -(1) OF THE
CODE OF ORDINANC-
ES; PROVIDING FOR
INCLUSION IN THE
CODE; PROVIDING A
REPEALER CLAUSE;
FINDING AND DETER-
MINING THAT THE
MEETING AT WHICH
THIS ORDINANCE WAS
PASSES WAS OPEN TO
THE PUBLIC AS RE-
QUIRED BY LAW.
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
On this 2nd
#277733
day of December
A.D.....1 .. 8.... personally appeared before me, the undersigned authority
Kathy Salan bookkeeper
for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
Times /Record News, a newspaper published at Wichita Falls in Wichita County,
Texas, and upon being duly sworn by me, on oath states that the attached
advertisement is a true and correct copy of advertising published
in one ( 1 ) issues thereof on the following dates:
NmTembe- 9 g , 1998
Bookkeeper for Times ublishing Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above written: