Ord 050-87 5/19/1987 ORDINANCE NO.
AN ORDINANCE PERMITTING AND REGULATING THE
CONSTRUCTION, MAINTENANCE AND USE OF A LONG
DISTANCE TELECOMMUNICATIONS SYSTEM BY US
SPRINT - ACROSS, OVER AND UNDER CERTAIN STREETS
AND PUBLIC RIGHTS-OR-WAY OF THE CITY OF
WICHITA FALLS; PROVIDING FOR PUBLICATION;
AND DECLARING AN EMERGENCY .
WHEREAS , US Sprint Communications Company, hereafter
referred to as "US Sprint" , 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 US Sprint 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 US Sprint is entitled to a license
authorizing the use of public rights-of-way in accordance
herewith for the installation and use of a long distance
telecommunication 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 :
SECTION 1 : A license for the use of certain streets
and rights-of-way of the City of Wichita Falls is granted to US
Sprint and accepted by US Sprint as noted above , subject to the
following terms and conditions .
ARTICLE 1 . PURPOSE :
That the City of Wichita Falls (hereinafter the "City" )
hereby grants to US Sprint , and 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 that provides long distance
telecommunications 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 US Sprint in installing , construction ,
replacing , reconstructing , maintaining , or repairing the system
shall be subject to and governed by all laws , rules , and
regulations of the City and 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 installation or construction of any
significant changes to the system which would require excavation
or for other such disturbances of the right-of-way after the
effective date of this ordinance , US Sprint shall submit
engineering plans to the City Engineer for review and approval ,
pursuant to the standards generally applicable to requests for
licenses to use the public right-of-way. 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
practical 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 .
US Sprint shall promptly restore all public right-of-way
excavated or disturbed by US Sprint to substantially the same
condition as before such excavation and to the reasonable
satisfaction of the City.
C . Except in an emergency , US Sprint 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 the permission of 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 US Sprint to remove or abate any facility that is
recognized to be dangerous to life or property, and in case US
Sprint , after notice , fails or refuses to comply, the City shall
have the power to remove or abate same at the expense of US
Sprint , all without compensation or liability for damages to US
Sprint.
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 US Sprint, 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
US Sprint for any damage so caused , nor shall the City be liable
to US Sprint 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 US Sprint
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, US Sprint
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 US Sprint, US
Sprint shall have the right to present alternative proposals for
the City ' s consideration. If the City requires US Sprint to
remove , alter , change , adapt or conform 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, US Sprint
shall not be required to make any such changes until such other
corporation or person shall have undertaken with solvent bond to
reimburse US Sprint for any loss and expense which will be caused
by or arise out of such removal , alteration , change , adaptation
or conformance of US Sprint facilities ; provide, however , the
City shall never be liable for such reimbursement.
ARTICLE 4. CONSTRUCTION BY ABUTTING OWNERS :
In the event that the governing body of the City authorizes
abutting land owners 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 US Sprint
described in this ordinance .
ARTICLE 5 . RIGHTS IN THE EVENT OF ABANDONMENT :
In the event that the governing body of the City closes or
abandons any public right-of-way which contains any existing
facilities of US Sprint, any conveyance of land contained in such
closed or abandoned street, alley, highway or public place shall
be subject to the rights of US Sprint 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 US Sprint 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 US Sprint 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 US Sprint interest
and the City ' s interest. The City shall make a diligent effort
to notify US Sprint 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. INDEMNITY :
US Sprint shall indemnify and save and hold harmless the
City and all of its officers , agents , and employees from all
suits , actions , or claims of any character , style, and
description , brought for or on account of any injuries or damages
received or sustained by any person or any property occasioned
by , or arising out of , the erection , construction , replacement,
reconstruction , maintenance , or repair of the system in the City ;
and US Sprint will be required to pay any judgment with costs ,
which may be obtained against the City arising out of such injury
or damage .
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 US Sprint exercise of its rights under this ordinance
including the installation , construction , replacement,
construction , maintenance , and repair of the facilities of its
system in Wichita Falls . US Sprint 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 US
Sprint 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 US Sprint . The City
shall have the right , at reasonable times and for reasonable
purposes , to inspect such maps , construction drawings and
specifications . US Sprint shall fully cooperate in making
available its 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 :
•
General Counsel
US Sprint Communications Company
P. O. Box 11315
Kansas City, MO 69112
Assistant City Manager
1300 7th Street
P. O. Box 1431
Wichita Falls, TX 76307
Director of Public Works
1300 7th Street
P. O. Box 1431
Wichita Falls, TX 76307
ARTICLE 9. FEE: $15,000
A. This fee represents the lease value of the public
right-of-way five foot in width to be used by US Sprint 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 US Sprint 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 days after the effective date of this ordinance.
The fee is payable to "City of Wichita Falls" and shall be
delivered to the City Director of Public Works.
C. The fee established in Article 9A hereof shall not
be affected by any relocation of US Sprint 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
US Sprint, 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 US Sprint 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 US Sprint hereunder, and (ii) is bound to the same
extent as US Sprint 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:
US Sprint, without the consent of the City, shall not sub-
lease any of the public right-of-way it uses in connection with
its system to any non-US Sprint company; provided that US Sprint
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 US Sprint retains
responsibility for servicing and repairing the facilities of its
system. Notwithstanding the foregoing, US Sprint will not lease
any conduit space in the system to any non-US Sprint 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 US
Sprint 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:
The route of the facility for which this permit is granted
shall begin at the point where US 281 enters the south City limits ,
thence northerly along US 281 to Rathgeber Road, thence westerly
with Rathgeber Road to State Highway No. 79 , thence southwesterly
with State Highway 79 to the City limits.
ARTICLE 14 . EFFECTIVE DATE:
As the construction of this nationwide telecommunications
network will reach Wichita Falls very shortly, and the construction
will be stopped until this ordinance becomes effective, this
ordinance is declared to be an emergency measure, and it shall become
effective immediately upon its passage.
PASSED AND APPROVED this the ���rL�da of 44,
1987 .
41'1 :,!'
ATTEST: M A Y O R
City lerk
ACCEPTED THIS DAY OF , 1987 .
US SPRINT COMMUNICATIONS COMPANY
By:
Ad 214390
ORDINANCE NO.45-87
AN ORDINANCE CLOSING, VA-
CATING,AND ABANDONING A
UTILITY EASEMENT IN LOT 1,
BLOCK 1, BRODIE BUICK SUB-
DIVISION, AND LOTS 1-4, /►�
BLOCK 1, CANNON PARK AD-
DITION, Affidavit WICHITA FALLS,TEXAS L 31L lil
ORDINANCE NO.46-87
AN ORDINANCE REZONING
LOTS 1,2, &3,SCOTLAND AD-
'aste CI DITION,WICHITA FALLS,TEXAS, THE STATE OF TEXAS
FROM RIVER DEVELOPMENT
DISTRICT(RDD)TO SINGLE FAM- COUNTY OF WICHITA
ILY RESIDENTIAL, STANDARD
LOT(SF-2)ZONE
ORDINANCE NO.47-87
AN ORDINANCE AMENDING
THE CITY'S ELECTRICAL CODE On this 17th day of
June
TO PROVIDE FOR INDUSTRIAL 1987
ELECTRICIANS A.D personally appeared before me, the undersigned authority
ORDINANCE NO.48-87
ORDINANCE DELAYING SEC- Da r i c e U . M i n
TIONS 9(F)AND 9(G)OF ORDI-
NANCE#2118 OF THE CODE OF
ORDINANCES TO PERMIT THE for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
PLATTING OF LOT 15,BLOCK 2,
HIGHPOINT VILLAGE WITHOUT Record News, a newspaper published at Wichita Falls in Wichita County, Texas, and
THE INSTALLATION OF WATER
AND SEWER SYSTEMS upon being duly sworn by me, on oath states that the attached, advertisement is a
ORDINANCE NO.49-87 P g y y
ORDINANCE WAIVING SEC- true and correct copy of advertising published in one ( 1
TION 9J OF ORDINANCE 2118 PY g P
REQUIRING A SUBDIVISION TO
CONSTRUCT DRAINAGE FACILI- issues thereof on the,following dates:
TIES
ANORDINANCE
RDIJ ORDINANCE PERMITTING June 17 , 1987
AND REGULATING THE CON-
STRUCTION, MAINTENANCE •
AND USE OF A LONG DISTANCE
TELECOMMUNICATIONS SYS-
TEM BY U S SPRINT ACROSS,
OVER AND UNDER CERTAIN Bookkeeper for Times Publishing Company
STREETS AND PUBLIC RIGHT-OF-
WAY OF THE CITY OF WICHITA
FALLS; PROVIDING FOR PUBLI-
CATION; AND DECLARING AN
EMERGENCY
EJ4ORDINANCE NO.51-87
L) MAKING AN APPROPRIATION Subscribed and sworn to before me this the day and year first above written.
FROM THE HOTEL/MOTEL FUND
TO ASSIST IN SUPPORTING A
WELCOME F FOR
HE THE CHIEFS NS, // v'
STAFF OF_THE NATO NATIONS
ORDINANCE NO.52-87
ORDINAN rv, PEALING THE
EXEMPT''+• ",R TAXES ON THE
RECELp_ .:'FROM TELE- _,
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COMM'' CATIONS SERVICES'. Z,E 4,VIS
SOLD "VIIITIiIN THE CITY OF i . Texas
, WICHITA FALLS,TEXAS � �r,
ORDINANCE NO.53-87' 1 i,�;; ..IL Expires
J'
AN ORDINANCE CLOSING, VA-
CATING,AND ABANDONING A
PORTION OF A UTILITY EASE-
MENT IN LOT 81, BLOCK 8,
TANGLEWOOD HOLLOW, SEC-
TION G,WICHITA FALLS,TEXAS
ORDINANCE NO.54-87
AN ORDINANCE CLOSING, VA-
CATING, AND ABANDONING
AN ALLEY ADJACENT TO LOT 9-
A, BLOCK 1, SUNSET HEIGHTS,',
WICHITA FALLS, TEXAS
ORDINANCE NO.55-87
ORDINANCE WAIVING SEC-
TION 22.1(a)(9)OF THE CODE'
OF ORDINANCES TO ALLOW
SIGNS AND OTHER ADVERTIS-
ING DEVICES IN LUCY PARK
DURING FALLSFEST, WAIVING
•
SECTION 22-4 OF THE CODE OF
ORDINANCES TO ALLOW POS-
SESSION AND CONSUMPTION
. OF ALCOHOLIC BEVERAGES IN
LUCY PARK FROM JUNE 4
THROUGH JUNE 7, 1987, AND
DECLARING AN EMERGENCY
ORDINANCE NO.56-87
ORDINANCE WAIVING SEC-
TION 16-16 OF THE CODE OF
ORDINANCES, WHICH RE-
QUIRES PERMIT FEES FOR FOOD
ESTABLISHMENTS, FOR THE
• FOOD BOOTHS AT FALLS FEST
ON JUNE 5-7, 1987, IN LUCY
PARK, AND DECLARING AN
I EMERGENCY