19970722 1997-12ORDINANCE NO. 1997- 12
AN ORDINANCE GRANTING A LICENSE TO
MCI TELECOMMUNICATIONS CORPORATION
OF VIRGINIA AND ITS SUCCESSORS TO
USE FOR THE TERM AND UPON THE
CONDITIONS STATED HEREIN A PORTION
OF LEE HIGHWAY (U.S. ROUTE 29) IN
THE CITY OF FAIRFAX, VIRGINIA, FOR
ITS WIRES, CONDUITS, CABLES AND
FIXTURES FOR THE PROVISION OF
TELECOMMUNICATION SERVICES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAIRFAX, VIRGINIA (hereinafter referred to as "City")
that MCI Telecommunications Corporation of Virginia
(hereinafter referred to as the "Grantee")and its
successors, for a period of five (5) years, subject to
the conditions and restrictions herein stated, be and
is hereby authorized and empowered to construct,
maintain, operate, remove, relocate or replace its
conduits, ducts, cables, wires and all other necessary
underground apparatus (hereinafter collectively called
"Equipment") under and through Lee Highway (U.S. Route
29) within the corporate limits of the City of Fairfax,
Virginia, as the same now exist or may hereafter be
extended or altered, for the purpose of placing
conduits, ducts, cables, wires and all other necessary
underground apparatus for the provision of providing
telecommunication services.
The conditions of the License are as follows:
1. Ail Equipment erected by the Grantee
shall be neat and symmetrical, and shall be so located
as in no way to interfere with the safety or
convenience of persons traveling on or over the said
streets, alleys, highways and other public places.
Installation of Equipment shall be in accordance with
the plans entitled "Fiber Optic Cable Route Centreville
to Vienna, Virginia, Project No. 020521," as prepared
by MCI and dated 2/17/97, and any revisions thereto.
Such revisions, as made by Grantee or requested by the
City, shall be approved by the City before installation
is begun. Copies of such revisions shall be provided
to the City and be in accordance with the conditions
and restrictions in this License. In the installation
and maintenance of its Equipment, the Grantee shall not
open or encumber more of any street, alley, highway or
other public place than will be necessary to enable it
to perform the work with proper economy and efficiency.
2. The installation of Equipment under the
provisions of this License shall be subject to the
supervision of the City Manager or his designee and the
Grantee shall replace and properly reconstruct any
sidewalk and street pavement and repair any other
property owned by the City, including trees and
landscaping, which may have been or may be displaced or
damaged by the Grantee in the construction and
maintenance of its system. Grantee shall bear the
1997-12
expense for any City permits required for installation
and maintenance of the Equipment.
3. In the event the City determines it to
be necessary, the City may require the Grantee to
remove or relocate any Equipment on public property to
other public property. The Grantee shall not be
entitled to payment from the City for any portion of
the cost it incurs hereunder whether such costs are
incurred directly or indirectly. The Grantee shall
bear all expense of such removal or relocation provided
the City will issue, without charge to the Grantee,
whatever City permits are required for relocation of
the Grantee's Equipment. The Grantee shall use its
best efforts to remove or relocate said Equipment
within ninety (90) days of notification unless the City
Manager, for good cause, extends such time.
4. The Grantee shall pay to the City for
the usage of the public right-of-way for
telecommunications facilities the following amounts:
First Year - $ 1,800.00
Second Year - $22,000.00
Third Year - $23,100.00
Fourth Year - $24,255.00
Fifth Year - $25,468.00
The annual fee shall be due to the City within 45 days
after the effective date of this License, and upon each
anniversary of that date. Notwithstanding the
aforesaid, if any one or more payments are prohibited
or limited by law at the time for payment, the parties
shall renegotiate the terms of this License at such
time.
5. The Grantee shall maintain all of its
Equipment in good and safe order and condition; and
shall at all times fully indemnify, protect and save
harmless the City, its elected officials, officers,
employees, and agents from and against any and all
costs, charges and claims arising from any act or
omission of the Grantee, including, but not limited to,
attorneys fees, during the term of this License.
6. Grantee shall at all times during the
term of this License maintain general liability
insurance, including bodily injury, personal injury and
property damage coverage, in the amount of two million
dollars ($2,000,000) with the City of Fairfax, its
elected officials, officers, employees and agents,
named as additional insureds. Grantee shall require,
at all times, that all general contractors,
contractors, subcontractors or consultants performing
work under this License, maintain general liability,
automobile liability, workers compensation and
employer's liability insurance coverage, in the
following amounts: general liability insurance coverage
in the amount of two million dollars ($2,000,000) per
occurrence, automobile liability coverage in the amount
of two million dollars ($2,000,000), worker's
compensation and employer's liability insurance
coverage in the statutory amounts with the City of
Fairfax, its elected officials, officers, employees and
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1997-12
agents named as additional insureds on such policies.
Grantee shall deliver to the City, for review and
approval before any work is begun, certificates of
insurance, in a form acceptable to the City,
demonstrating that the insurance coverage required by
this paragraph is in full force and effect. Such
certificates shall indicate that the insurance company
shall give to the City thirty (30) days prior written
notice of expiration, cancellation, renewal or change
in coverage. Thirty (30) days prior to the expiration,
cancellation or renewal of any such insurance policy,
Grantee shall provide the City with written evidence
acceptable to the City, that the required insurance
coverage is effective, will be continuing during the
course of the work, and that the insurance premiums are
paid. Grantee shall have the affirmative obligation,
independent of the general contractor, subcontractors
and insurance companies, to keep itself and the City
informed of all.expirations, renewals, cancellations
and changes in insurance coverage for insurance
required under this paragraph, including the insurance
coverage required of the general contractors,
contractors, subcontractors and consultants. Grantee
shall immediately notify the City of any expirations,
renewals, cancellations or changes in such insurance
coverage. If the City is required to pay any claim
made under the applicable insurance policies, Grantee
agrees to indemnify, pay and reimburse the City for all
such claims, including all deductibles, and costs
(including attorney's fees).
7. The Grantee and its agents shall take
all prudent action to avoid damage or injury to pipes,
cables, fixtures or installations of the City and of
other utility services, particularly those
installations whose disruption can cause hazards or
danger to persons or property. In the event such
damage or injury occurs, the Grantee shall immediately
notify the appropriate public safety department and
shall cooperate and contribute its capabilities
promptly and to the extent necessary to remove any
hazards and repair any damage. Grantee shall provide
for a local, Virginia-licensed contractor to be on-call
to respond within 30 minutes to any incident where City
water or sanitary sewer lines or services are damaged
or injured. Such contractor shall be a reputable water
and sanitary sewer contractor. Grantee shall provide
test pits at all utility crossings and keep such test
pits open until that section of the boring operation is
complete. The minimum separation between City water
and sanitary sewer facilities and Grantee's Equipment
shall be one (1) foot vertical and five (5) feet
horizontal.
8. Grantee shall continuously provide the
City with an accurate and complete list of emergency
telephone numbers of representatives of Grantee and any
contractors, subcontractors, consultants or others
responsible for the installation, operation and
maintenance of the Equipment. Such list shall provide
for 24-hours-a-day, 7-days-a-week contact, and Grantee
shall immediately notify the City of any changes to the
list.
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1997-12
9. Upon the expiration of the term of this
License or upon earlier termination by surrender,
forfeiture or otherwise, all facilities of the Grantee
in the City shall remain the property of the Grantee
and, at the option of the City, shall be removed from
the streets, alleys and public places of the City at
the expense of the Grantee within a reasonable time
after expiration or termination. The Grantee shall be
liable for any damage to the City property or personal
injury resulting from said removal.
10. The rights and privileges granted herein
to use public property are expressly subject to the
conditions, limitations and provisions contained in the
general ordinances of the City, now in force or that
may be hereafter passed by the City Council, relative
to the use of the streets, alleys and public places of
the City, so far as they may be applicable to the
rights and privileges herein granted, provided such
ordinances that may be passed will not place
unreasonable or impractical burden upon the Grantee.
11. Nothing in this License shall be
construed to grant unto the Grantee any exclusive right
or to prevent a grant of similar privileges to other
grantees.
12. Prior to installation of Equipment,
Grantee shall submit to the City a bond in the amount
of Twenty-Five Thousand Dollars ($25,000.00) to ensure
faithful compliance with the conditions of this
License, such bond shall be in a form acceptable to the
City, meeting the requirements of Section 2-48, et
seq., of the Code of the City of Fairfax, Virginia, and
shall remain in effect throughout the term of this
License. The amount of said bond shall be subject to
reasonable increases by the City upon thirty (30) days
prior written notice to Grantee, if the City determines
that a higher bond amount is needed to ensure
compliance with the terms and conditions of this
License.
13. Unless otherwise stated herein, all
notices which shall or may be required or given
pursuant to this License shall be in writing and
delivered personally or transmitted: (i) through the
United States mail; (ii) by means of prepaid overnight
delivery services; or (iii) by facsimile transmission,
if a hard copy of same is followed by delivery through
the United States mail or by prepaid overnight delivery
service as just described, effective upon verification
of receipt, as follows:
to the City:
City Manager
City of Fairfax
10455 Armstrong Street
Fairfax, VA 22030
to Grantee:
MCI Telecommunications Corporation
of Virginia
2250 Lakeside Boulevard
Richardson, TX 75082
Attention: MMA fax (972)918-1327
1997-12
With a copy to:
MCI Telecommunications Corporation
of Virginia
Law and Public Policy Department
2400 North Glenville Drive
Richardson, Texas 75082
(972) 918-6927
Notices shall be deemed given upon receipt in the case
of personal delivery, three (3) days after deposit in
the mail or the next day in the case of overnight
delivery. Either party may, from time to time,
designate any other person or address for this purpose
by written notice to the other party in the manner set
forth above.
14. The sections, paragraphs, sentences,
clauses and phrases contained in this License are
severable, and if any phrase, clause, sentence,
paragraph or section of this License shall be declared
unconstitutional or otherwise invalid by a valid
judgement or decree of a court of competent
jurisdiction, such constitutionality or invalidly shall
not affect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this License.
15. At all times during the term of this
License, Grantee, its employees, agents and
contractors, shall comply with all federal, state and
local, statutes, laws, ordinances, regulations and
administrative orders. Nothing herein shall be
construed to relieve Grantee, its employees, agents and
contractors from their obligations to comply with such
laws. Neither shall any provision herein be construed
to release Grantee, its employees, agents and
contractors from obtaining all required permits for
installation or maintenance of Equipment.
16. The City and Grantee agreed that this
License describes the entire agreement and
understanding between the parties and that no written
or verbal statements or representations have been made
which either modify, add to or change this License.
BE IT FURTHER ORDAINED by the City Council of the
City of Fairfax that the City Manager is authorized and
directed to execute a License containing the terms and
conditions contained herein.
This ordinance shall become effective as provided
by law.
INTRODUCED: June 10, 1997
PUBLIC HEARING: June 24 and July 22~ 1997
ADOPTED: July 22, 1997
1997-12
ATTEST:
U 0 ity Clerk
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