1992-068-RES WHEREAS, the City of Paris is in need of pole space to connect City Hall with the Police and Courts
RESOLUTION NO.
92-068
WHEREAS, the City of Paris is in need of pole space to
connect City Hall with the Police and Courts Building with a
fiber optic cable from which space can be provided by
Southwestern Bell Telephone Company who is agreeable to
providing such space; and,
WHEREAS, in order to procure such space it is necessary
for the City of Paris to enter into a leasing agreement for
pole attachments with Southwestern Bell Telephone Company for
such pole space; and,
WHEREAS, the form of agreement for such pole space
attached hereto as Exhibit A, should be approved and the City
Manager, Michael E. Malone should be authorized to execute
the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, that the terms and conditions of the Licensing
Agreement For Pole Attachments attached hereto as Exhibit A,
is hereby accepted; and,
BE IT FURTHER RESOLVED, that the City Manager of the
City of Paris, Michael E. Malone, be, and he IS hereby
authorized and directed to execute on behalf of the City of
Paris the Licensing Agreement For Pole Attachments with
Southwestern Bell Telephone Company in the form shown in
Exhibit A attached hereto.
Passed and adopted this 10th day of August, 1992.
~~ 7~~~
eorge Ffsher, Mayor
ATTEST:
~
APPROVED AS TO FORM:
~
d./
T. K. ayn s, City Attorney
@ SouthwesI:em BeI"'~'a~le
SW-9"J:
(Rev. I-'ll)
LICE:"ISING AGREEMENT
FOR POLE AITACHMEYrS
Contra,: Sl;.=~e:
Da.te A"pr~"ea
rHIS AGRE::~tE~7 is :uade effective on the 10 day oC Au~ust 19 92 by .an4 ;elwe::-1
iOUTHwESTER~ SELL TELE?HO~E COMPANY. a. .\.tissoun Corporation cavina its prIncIpa.l omee In the City of 51. Louis. ~e:e~''1a{:er
taUed the Telco a.nd :be (olloWUl.1 aamed Corporation. pa.nnership or individual cnakina a.pplica.tion. for licen.se. aerei:l,a(te: caUed :~e
~pptic:a.nt:
The City of Paris, Taxas
SCOPE OF AGREE~1E:-;T
A. Subject to :::e i'tovlsions of this AlP'eement. Telco agrees to issue 10 Applicant Cor Ihe purposes limited 10 those out5ned h,e:em.
revocable. nonexclusive lic:ense(sJ authorizing the attachment aC Applicants facilities to poles or a.nchors \IIIltb.in lbe !oUo.....lng
itoVaphic aru(s): City of Paris, Texas
B. The ApplieaJ:u agrees !O be bound by aU provisions of this Agreement and of the licensees) provided j:tursuant to this IJreeme::1t.
C. No use. however extended. of poles. anch.on. iUY strands or payment of aoy fees or cha.rges requited under Ihis A~=ent snaU
crea.te or veSl in Applica.nl any easements or any olher ownership at property rights of a.ny nature in such poles. anc::ors. or i'':Y
strands. Applicant's rilJh.ts i.!ter issuance oC any attachment license shall be and remain a mere license. :--Ieilher this As:~e~~::t.
nor any license &ranted hereunder sha.l1 constitute an assignment oC any oi Telco's rights to use the public or prince ~rope::y
containing sue a poles. aochon. or illY strands.
D. Nothing in this Agreement shall be construed AS iraoting Applicant any right to attach to any specific part oC Telco's (a.eili:ies 0.:0
compel Telco to grant Applicant the right to attach to any specific part ot Telco facilities. Applicant is only entitled 10 place 'Jne
cable facility per license:. Spinnini additional cables to exinin; facilily requires acquiring a new license a.nd additional billing
according to current rate structure. Where fa.cility tra.nsmits multi-services, such as CATV ..nd. non-CATV services unaer same
sheath. the tlWing charged will be a.t tbe hishest established rate for total facility.
E. The parties aaree that Telco's risht to locate and ma.intain its poles, anchors and guy strands a.nci to operale its taeUities i.D.
conjunction therewith in such a. manner u will best enable it to Cul!Ul its own service requirements is in no manner l.U:Uted by :his
Agreement.
F. Nothing contained. in this Asreement is intended by Ihe: parties to require Telco to construct, reconstruct, retain. exte:ft4.pla.ce or
maintain a.ny pole. a.ncb.or. iUY strand or other facility for use by the Applicant wben sucb facility is not needed for Telco's ,JWQ
service requiremea.u.
a. h is the intent o( the parties that nothi.cg contained in this Asreement should act u a. limitation. restriction. or prohibition agai.",sc
Telco with respect to any a.greement or I.lnngement which Telco bas hereto(ote eoterec1 into. or ma.y in the future cuter into. wllh
others not panies to this Agreement relardlng the poles, anchon aod iUY suand.s coverec1 by this Agreement exce~ that Telco
agrees that it will not interfere with the Applica.nt's authorized and licensed use of Telco's poles. ancbors. and strands. (f any su.:~
agreement with a third party makes rearrangements of Applicant's facilities necessary, Applicant a.glees to cooperate in s'l:.ch.
rearrangement work wmch shall be performed at the e)(penn oC the third pa.ny.
I. FEES Al"D CHARGES
A. The Applicant ag:rees to a one time. noareCunc1a.ble adminisuation tee of $ -0- to cover Telco's costs (or prOCUStnl ::tis
Agreement a.nc1 a semi a.nnual billing cvea.t CI. a.ssoeiatcd with processinl fee stalements.
B. Where Applicant places more than one licensed fa.cility in a sie&le licensed cluct. which bas not been establish.ed by SIldivid.ing a
large duct into smaller ducu by inner c1uetmg, fees shall apply to eacb such license facility based upon the Fee Schedule set forth in
App.nclix l.
Where Applicant places more than ooe licensed facility in & sinaJ. Ucensed duct which bas been established a.s a result o(
subdividing... latl,r such duct by inner dUctinl. only... siDaJe semiannual f~ will apply based upon the Fee Schedule set forth i::1
Appmclix l.
C. Nonpayment withia. thirty days uter receipt at the bill at any .amount due under this ^peement shall constitute... default ~y
Applic.ant ot this Ap-eement.
D. Upon at leut 60 days prior written nodee to AppU~aDt. Telco may make ~b&DIU in the amount at the fees &Dd charges specified in
APPENDIX I. Sw:,b, chanles sh&1l become effective 011 the first day at the month at January folloW'i111 the date at notice. In Ihose
cases wbere the FCC i.s revtawinl a metb.0401olY which would delay the issuUlC ot such Dotice. Telco shall make chuaes in the
amount ot the fees &114 chuges within 30 days &tttr tbe date the FCC cODSummate.s its flDc1inp and su~h change ill (ees and
charles shall apply reuoacUvely to the first day of January ot the year i.D wbicb the FCC consumma.tes its findlap aud shall ~e
bWed and pai4 aecord1n&1Y. Telco shall Jive AppU~a.ot at leut 60 days prior written DoUce of such relloaetive appllcation of fees
and chules. lVJ.y chaDlu in feu &Dd charles will bl based oa cost calculaUons &Dd/or market or otherslUcUes performed ~y
Tel~o. Notwithstandinl any other provisions ot this Alf"meat. AppU~aat may terminate this Agreement at tbe and of lbe DoUce
period. tt the chanles in fees &Dd charges are not acceptable to AppUcant. by Pvtnl wriltea notice at its eJection to laminate thiS
Apeemenl a.t lea.st 10 cl&ys prior to the enc1 ot the nOlice perioc1.
E. Unless AppUcant has give the written notice ot tennieation required by PUller.pb (D) I.bove, the amended fees and cbarles shall
become effective 00 tbe rmt day ot tbe January next following and shaJJ I.ulomatieally become a pan and be govemed by the ter::::.s
ot tbis "ifeement or. in the ease of relroactively appUed chanaes in fels and chuges. on the rust day of January allhe year :n
whi~h the FCC consummales its Clndinp. which evcr is appUcable.
F. Whenever AppUcuu is obUlated by any terms at this Alf"ment to reimbune Telco or joinl user(s) for costs. such costs will be
determined by the Telco at joint user(s) usinC their own It:Spe~EiYl cost accountinc systems used (or recording capital aIId expense
activities.
EXHIBIT A
Pale 1 o( 3
.@ ~Bel1illel
18
sw -9432
(Rev. 1-91)
Ill. ADVANCE PAYMENT
A. Applicant sball make an advance payment to tbe Telco prior to:
1. Any undertaking by Telco of . preUcense surveyor the administrative processing portion of such a survey in an amounl
specified by Telco sufficient to cover the estimated charges for completing the specified work. such .stimatea and actual
charges shall be computed in accordance with Article II, Pa.ragraph F, aDd
2. Performance by Telco of any make ready work required in an amount specified by Telco sufficient to cover the estimated
charges for completing tbe required make-ready work, such estimated and actual charges shall be computed in accordance
witb Article 11. Paragraph F.
B. The advance payment (APPENDIX III. Form SW9434) will be credited against the actual amount due the Telco for perfonnins
C. Where the advance payment is less tban the charse by the Telco for such work, Applicant agrees to pay Telco the remainder within
60 days of issuance of the bill.
D. Where the advance payment exceeds the charge by the Telco for such work, Telco shall refund the difference 10 the Applicanl
within 60 days or completing the work.
IV. SPEC:FICATIONS
A. When a license is issued pursuant to this Agreement, Applicant's facHilies shaH be placed and maintained in accordance wilh the
requirements and specifications of the then current editions of the "Manual of ConstNction Procedures" (Blue Book), the National
Electrical Code (NEC), and the National Electric&l Safety Code (NESC), aU ol which are incorporated by reference in this
Agreement, and the rules and regulations of the Occupational Safety and Health Act (OSHA) and ol any goveming authority
having jurisdiction over the subject matter. Where a dillerence in specifications may exist. the more stringent shall apply unless
modified by Telco in writing. Wherever Applicant's facHilties extend from Telco's poles, strands or anchors to the poles of a joint
use or other party, Applicant will comply with tbe same requirements and specifications as set lorth in this Agreement for such
connecting sections.
B. It Applicant's Cacilities. or any part thereoC. are not placed and maintained in accordance with Paragraph (A) preceding, and
Applicant bas not corrected the violation within 60 days from receipt oC written notice thereoC from the Telco, Telco may at ils own
option correct said conditions. Telco will attempt to notify Applicant in writing prior to perfonning such work whenever practicable.
When the Telco reasonably believes, however. that such conditions pose an immediate threat to the safety of the Telco's
employees or the public, interfere with the performance of the Telco's service obligations, or pose an immediate threat to the
physical integrity oC the Telco's facilities, the Telco may perform such work and/or take such action at the Applicants expense tba.t
is deems necessary without first &lving written notice to the Applicant and Telco shail be indemnified by the Applicant for such
work in accordance with Article XIII. Paraaraph 0 of this Agreement. As soon as practicable thereaCter. Telco will advise
Applicant in writing ol the work performed or the action taken and will endeavor to arran.e Cor reaccomodation of Applicant's
Cacilities so affected. The Applicant sball be responsible for payin. the Telco for all costs incurred by the Telco in taking action
under this subsection.
C. The CoUowin. rules apply when an emerlency situation exists sucb tbat advance coordination is not practicable:
1. Telco may rearrange ApplIcant's cable, equipment and racWUls to accommodate tbe placinl of Telco', facilities. The costs
associated with sucb rearranlemenlS will be paid by tbe Applicant and Telco shall be indemnified by Applicant for such work.
in accordance with Article XIII, Puapapb 0 of this Aareemenl.
Z. Telco's service restoration work requirements shall take precedence over any a.u.d all work operations of the Applicant on
Telco's pole line.
V. LEGAL REQUIREMENTS
A. Applicant shall be responsible for obtaining the appropriate public and/or private authority or other appropriate persons any
required authorLzatioD to construct, operale and/or maintain its facilities on public andlor private property before it attaches its
facilities to poles and aachon or utillzes anchor/suy strands located on such property. Telco reserves the right to require evidence
tbat appropriate authorization hu been obtained beCore any license is issued to applicant or before the fin&l prelicense survey work
is commenced.
B. Communications facilities placed by Appllcant on Telco's poles, anchors or strancls must serve a lawful purpose; the we made of
tbe facilities must comply witb all applicable replatory ruliltll. local. state and Cederallaws.
C. No license lI'anted UDder this AlI'"ment shall lXIend to any pole, anchor or IUY strand wbere the attachment or placement of
Applicant's CacWU.. would result in a forfeiture of rtahu of Telco, or joint users, to occupy the propeny on which such poles.
anchors or guy strands an located. It the existence of Applicant's Cacilities on a pole. anchor or guy strand would cause a forfeiture
of the right of tbe Telco, joint user, or bolb, to occupy sucb property, Applicant ap... to remove its Cacilities Corthwith upon
receipt oC written Dotification from the Telco. If said Cacilitie. are not so removed, Telco may perform a.nd/or ma.y bave performed
sucb remova.l at Applicants expense after tbe expiration of 60 days from tbe receipt of said written notification and Telco shall be
indemnified by Applicant Cor such work. in accordance with Anicle XIII, Pa.rapapb 0 of this Acreement; .nd Applicant agrees to
pay Telco and joint user or botb for alllossu &Dd d&IDa.es that may result.
VI. ISSUANCE OF LICENSES
A. Before Applicant shall attach to any pole, ancbor or utilize any anchor/IUY strand, Applicant shan make a written application Cor
and bave received a written license from the Telco. Application sball consiJt of the Applicant submittinl two siened copies of lhe
"AppUoatioD and Pole AttaohmeDt WoeD.e" (APPENDIX Ill, Form SW-9433). Al:or approval by Teloo, aD exeouled Form
SW-9433 will be returned to tbe Applicant to serve u the license for Appllcanl's facWtie. to be attached to poles. anchors or
strands a. specified by license.
B. Applicant apees to limit the CUinI ol applications for attachment licenses to include nol more than 300 poles and their associated
ancbors aD anyone appllcation and 1500 poles and their associaled ancbors on all applications which are pending approval by
Telco at anyone time. Such limitation will apply to poles. ancbors and anchor/CUy strands located within .. single planl
con.struction district oC Telco. Telco, in its soJe judlement, may permit the preceding Iimil&lion. to be exceeded iC so requested in
writing by the Applicant when the circumstances or a panicular situation w&nanl such.
Page 2 of 8
@ SouthweetIIm Bel1ilIep.
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SW-94J2
(Rev. 1-91)
Applicant further agrees to designate a desired priority of completion oC tbe preHcense survey and make-ready work for eacb
application relative to all other at its applications on file witb Telco at the same time.
VII. MAKE-READY WORK
A. When a.n application for attul:1menl to pole. anchor or utilization of an anc:hor/guy is submitted by Applicant. a prelicense survey
will be required to determine the existing adequacy ot the pole. anchor and lor guy to accommodl.te Applicant's facilities.
Utili.z.a.tioQ of the existing available capacity of a pole anchoriguy strand. when such utilization does not result in a reduction of tbe
holding capacity below the level normally required by Ihe Telco for safety or otber purposes will be pennitted 1.1 the option of lhe
Telco and upon agreement of the Applicant to payment of the cbarges as specirled in APPENDIX I. Failure to pay all Cees and
cbarges within 30 days after presentment oC the bill therefore or on the specified Payment date whichever is later, shall constitute a
default of this Agreement.
B. Telco reserves the right to refuse to process any application for anachment or utilization until all fees and charges due Telco under
this Agreement or any other agreement with Applicant are paid in full or are subject to a genuine dispute the resolution of wb.icb is
pending in a court or agency of competent jurisdiction.
C. The field inspection portion of the prelicense survey. which requires the visual inspection of existing poles. ancbors and guy
strands, may be performed by the Telco or Applicant (with optional participation by joint user and/or Telco). The administrative
processing portion of the prelicense survey. which includes the processing of the application, Ihe preparation of the make-ready
work orders. the coordination of work requirements and schedules with joint users and other anachees and the random field
verification of field inspection resuJts data developed and furnished to the Telco by the Applicant will be performed by the Telco.
1. When tbe Telco performs any ponion of the prelicense survey, the Telco will advise the Applicant in writing of the eSlimated
charges that wilJ apply and receive advance payment and authorization Cram the Applicant before undertaking any portion of
the prelicense survey (APPENDIX III, Form SW-94J4).
2. When the Applicant perCorms the field portion of the prelicense survey the field inspection results data wiJ1 be furnished to the
Telco in a format specified by the Telco and according to standards of accuracy and completeness satisfactory to the Telco. In
view of Telco's common canier obligations to maintain safe and adequate service, Telco retains the right to redo the field
inspection portion of the prelicense survey if in the sole judgement of the Telco the data fumshed by Applicant does not comply
with the performance standards as prescribed in Parl.craph IV, A. The Applicant shaH pay the Telco the total expense
incurred by the Telco for redoing any part or all o( the field inspection.
D. Applicant shall notify Telco whenever it is necessary for Telco to reananae facilities on stNctures owned by a third party to
accommodate Applicant. The cost of such work will be included in the make-ready work for which Applicant will pay Telco.
E. Telco reserves the right to grant, deny, or refuse a license for attachments to its pole, ancbor, or utilization of an anchor/guy strand
when Telco determines that the available capacity on such pole, anchor, and/or strand is required (or its exclusive present or future
use or that of a joint user or governmental entity with pole attachment rights and that the pole, anchor or guy strand may not be
reasonably rearranged or replaced to accommodate Applicant facilities.
F. In the event Telco determines that it will permit attachment to poles and/or a.nchors that are inadequate or otherwise need
reartaDaements of .he existing facilities thereon to accommodate the Appllcant facilities, Telco will advise the Applicant in writing
of the estimated make-ready charaes that willl.pply (Appendix III. Form SW-9434).
Q. Applicant shall have 60 days from the receipt o( Form SW94J4 to execute and return it to Telco authorizing the completion o( the
required make-ready work and a.cceptina the resulting charaes. However. if Telco receives a request form from an additional
applicant for attachment to a pole or anchor. or utilization of an anchor/guy strand for which a Form. SW-9434 has been sent to an
initial Applicant. lbe initial Applicant must authorize completion of the pendinl make-ready work and resulting charles within 1 S
days aCter receipt of written notification from Telco o( the additional attachment request or until the end of tbe aforementioned 60
day notification period, which ever period. of time is shorter. If said Form SW-9434 is not returned within the required 60 days. the
application to which it pen&ins will be automatically canceUed by Telco witbout written notice to Applicant.
H. Make-ready wort will be performed by the Telco foUowinl receipt of the requited written authorization and advance payment from
the Applicant. Applicant shall pay the Telco for aU make-ready wort completed in accordance with the provisions of this
Aareement and Applicant shall mak_ arranlements with the owners of other facilities attached to such poles and/or anehors
reprdina reimbursement for any expense incurred by tbem in transferrtDa or rearranatn, their facilities to make such attachment
accommodations ava.ilable. Appllca.a.t shall not be entitled. to any monies paid to the Telco for pole, anchor or illY strand
replacements or (or rearranlemenu of (acllUes on a pole or anchor by reason of the use by the Telco, joint user, lovernmental
entily or other authorized Applicants of any additional capacity resultlna from such replacement or reananlemenl.
I. Should Telco. joint Uler or governmental entity bavina pol.. anchor or anchor/auy strand accommodation ri&hu, for its own
service requirements. need to attach additional facilities to uy of the poles or anchon to whicb Applicant is attached ,or avail itself
o( the hoJdinl capacity o( an ancbor/IllY stJ'lJJd beina utilized by the Applicant. Applicant will either rearranle its facilities on the
pole or ancbor or tresfer them to a replacement pole or ancbor. as determined by Telco so tbat the additional facWtes of Telco,
joint user or iovernmental entity may be accommo4ated. If Applicant does not reanan,e or transfer its communications facilities
within 60 days after receipt o( written notice from Telco requestina such rearranaement or transfer. Telco or joint user may perform
or have performed sucb reanangement or tr&DS(~r at Applicant's expense anct Telco sball be indemnifiect by Applicant (or such
work in accorctance with Artice XIII. PUl.graph 0 of this Aareemenl.
J. Whenever it is necessary for Telco to replace its pole to accommodate Appllcant's facilities. Telco may. at its discretion. grant
Applicant tbe oplion. where "nuihlt! and aec:.~lahle 10 ioinl uu!', to become tbe owner of the pole and its associated guys and/or
anchors. upon payment of all replacement costs. The charle for replacement oC a. pole. anchor or guy shnd required to
accommodate Applicant's communications (acilities, in accordance with Article VII. Paragraph 1, shall be based on Telco's fuJly
installed costs less salvale value. if any. (Priority would be given to local Joint Use Alle.ment.) This option is subject to the
further conditions that:
1. Applicant Ifants Telco and any existinl joint user or authorized auachee the richl to auach their respective facilities 10 such
replacement pole and/or associaled anchor upon the same terms and condltjollJ u set fonh in this Acreement. and.
2. tbat any 10vemmentaJ entity havtnl auachment ri&llts to said pole and/or auociated &.Dcbor shall be graDted similar
attachment rilhts under tbe same terms and conditiollS as apply to tbe pole beina replaced.
Page 3 of 8
@ Soutt1welItem Bel1ilIeI
Ie
SW-9431
(Rev. 1-91)
Should Applicant exercise this option and become the owner oC the pole and associated guy strands andlor anchors. it agrees to
maintaiD tbe pole and associated guy Juands andlor anchors in & safe and servic:eable condition for attachment of Telco and joint
user facilities for as 10Dg u Applicant owns a.n interest in tbe pole.
K. Simultaneous applications by more thAn one Applicant for the same structure will be processed in accordance with APPENDIX V,
made an integral pan of this contract.
L In performing all make-ready work to aceommoda.te Applicant's facilities, Telco will endeavor to lnclude such work in its normal
work load schedule. [0. Ibe event Applicant requests that the make-ready work be performed on a priority basis outside of Telco's
normal work bours. Applicant agrees to pay the excess costs of wort. performed at premium rates. NOlhing herein is intended,
bowever, to require advancement of Applicant's wort. ahead of other scbed.uled wort.
VIII. CO:-lSTRUCTION, MAI:-ITE:-<A:-ICE AND REMOVAL OF FACILITIES
A. Applicanl sball. at its own expense. and in accordance with lhe provisions of this Agreemenl. construct and maintain its facilities
on pole and/or a.nchors covered by licenses issued pursuant to this Agreement is a safe condition as specified in Article IV,
Paragraph A, so as nOI to physically conlllct or 10 electrically interfere wilh tbe facilities attached tbereon by the Telco, joint users
or other authorized parties. Applicant agrees that upon request by Telco, it will participale immediately with Telco and joint users
in the change out of poles, rearrangement of facilities andlor pole line reconstruction and. thal such participation shall include
Applicant bearing the expense for the rearrangement of its facilities, If aU required rearrangements are not made within 30 days of
notification by Telco; Telco may perform such work al Applicanl's expense in accordance with Anicle II. Paragraph C, of this
Agreemenl and Telco sbaU be indemnified for such work in accordance with Article XIII. Paragraph G.
B. Telco shall specify the point of attachment of each pole or anc:hor to be occupied by Applicant's facilities. Where facilities of more
than one Applicanl are involved, Telco will attempl to the extent practical. to designate the same relative position on each pole or
anchor for each Applicant's fac:ilities.
C. Applicant shall notify the Telco in writinS at leasl 30 days before adding to, relocating, replacing or olherwise modifying its
facilities attached to a pole andlor anchor where additional space or holding capacity may be required on either a temporary or
permanent basis.
D. Applicant, at its expense, will remove its facilities from poles, anchors or anchor/guy stran4s within 60 days after:
I. termination of the license covetins sucb attachment; or
2. lhe date Applicant replaces its existing facilities on a pole with the placement of substitute facilities on the same pole.
E. If Applicant fails to rem.ove its facilities at the expiration or other termination of a license, Telco shaU have the right to remove
such facilities at Applicant's expense in accordance with Article II, Paragraph C of this Agreement and Telco shall be indemnified
by Applicant for such work in acc:ordance with Article XIII, Paragraph Q.
F. When Applicanl's facilities are removed from. a pole, ancbor or ancbor/auy strand, no reauachment to the same pole or anchor
shall be made until;
1. The Applicanl bas first complied with all of lhe provisions of this Agreement as though no such pole or anchor attachment had
previously been made, and
2. All oUlStandin. chules due Telco for such previous auachments have be.n paid in full.
G. Applicant sball advise Telco in writlna as to the date on whic:h the removal of its facilities from each pole, anchor, and/or
anchor/guy strand has been compleled.
H. Applicanl agrees 10 tully cooperate with Telco when emerlency pole replacements are required. During normal working hours.
Telco will inform Applicant that &D emergency exists. Applicant shall transfer its facilities immediately. Should Applicant be
unable to respond to the emerSency situation. then Applicant may elect to request Telco to perform such rearrangements or
uansfers without liability on the pan 01 the Telco or joint users and Applicant shall be liable for the full costs thereoL When such
pole replacements are required outside 01 normal workin. hours, Telco will attempt to c:ontact Applicant to determine if Applicant
can respond appropriately to Ihe emeraency. Applicant may elect to bave Telco perform such rearrangement or transfers as Slated
above. Should Telco be unable to contact Applicant, then Telco may perform such transfers deemed necessary to clear the
emergency without liability on lhe part 01 the Telco or joint users and Applicant shall be liable for the full costs thereoC.
IX. TERMINATION OF LICENSES
A. Any license issued pursuant to this Aareement shall automatically terminate when Applicant ceases to bave authority to construct
and operate its laeilities on publie or private propeny 1.1 the location of the panicular pole. anchor or guy strand covered by the
llc:ense.
B. Applicant may at any time terminate its license with respect to the attachment to a pole or anchor or utilization of an anc:hor/guy
strand and remove iu {acilltes by aivtns Telco written notice of such intention (form SW-9436A). Attachmenl fees shall continue
until all of Applicant's facilities have been physically removed. Once Applic:ant's faeilities have been removed they shan nOl be
attached to any pole or ancbor or utilize any anChor/guy strand until Applieant has complied with all provisions of this Agreement
u though no previous lic:ense had been issued.
C. Telco retains tbe righl to eancel. with 30 days written notice, any license not utilized by anachmenl or placement of Applic:ant' s
facilities within 12 months of license issue date.
X. INSPECTION OF APPLICANT'S FACILITIES
A. Telco reserves tbe riabt to mue periodic inspections 1.1 any time 01 any pan of Applicant I s facilities attached to Telc:o' s poles or
ancbors, and Applic:ut shall reimburse Telco for the expense of such inspections u specified in APPENDIX I.
B. Telco will live Applicanl advanced wrinen notice 01 such inspections, except in those instances where safety considerations justify
tbe need for such inspection without delay 01 waitinl until written nOliee .11.. been forwuded to Applicant.
C. The makina 01 periodic inspections or the failure to do so shaU Dot operale to impose upon Telco any liability of any kind
whatsoever or relieve Applicant of any responsibililY, obligations or liability whether usumed under this Agreement or otherwise
existing.
Page 4 of 8
@ SouthNesl8m Bel 'i!ler
'l8
SW -943.
(Rev. 1-9\)
XI. 1.::"IAUTHORIZED ATTACHMENT, UTILlZATIO:"l OR OCCl:PA:"ICY
A. If a.ny of Applicant's facilities shall be Cound attached 10 poles or anchors or utilizing ancbor/guy strands Cor wb.ich co license has
been issued and remains in effect. Telco. without prejudice 10 its other rights Of remedies under this Agreeme::l.I including
termination of licenses. may require Applicant to submit in writing, within 15 days of receipt of written notification tonn Telco a
license application for such utilization or occupancy. l( sucb application is not received by Telco within the specitled period of
time. or is received a.nd specific:a.lly disapproved, Applicant sball ~ it unauthorized facilities within 60 days of receip' of
written notice from Telco 10 do so, or Telco may 1.1 Telco's option remove Applicant's Ca.cilities at AppLi~ant's expense at charges
computed in accordance with Article II. Paragraph C. and Telco shall be Indemnified by Applicant for such work in a~cordance
with ArIcHe XIII. Paragraph C of this Agreement.
B. Applicant sball be liable to Telco for fees and changes associated with any unauthorized attachment to pole or anchor or
anchor/guy strand utilization. Such rl!l!"I and chatu'i: "hall hI! cnmnutl!d and naid h:Hl!d unon an occunllncv Dl!riod hl!"',,ninq 1hree
vl!aro!: "rior In the datI! nf Ihl! di<cnv@rv of unAutl'lnri:r.l!d "nil! or anchor llllac"'ml!nt or anchor/my o;,trand utili:r.lltinn. The fees and
charges as specified in Appendix L or as amended. shall be due and payable for the period of the unauthorized occupa:'J.cy whether
or not Applicant is permiued to continue the pole or anchor attachment or anchor/guy strana utilization.
C. No act or failure to act by Telco with regard to said unlicensed use shall be deemed as a ratification of the unlicensec. use: and if
any license should be subsequently issued. said license shall nOI operale retroactively or constitute a waiver by Telco of any of its
rights or privileges under this Agreement or otherwise; provided. however, that Applica.nt shall be subject to a:: liabilities.
obligations and responsibilities of this Agreement in regards to said unauthorized use from its inception.
XI!. SECl:RITY I:'<TEREST
A. Sbould Telco remove any of Applicant's facilities from the poles or anchors covered by this Agreement pursuant to any term or
condition hereof, Telco will deliver to Applica.nt the facilities so removed upon payment by Applicant of the cost of tb.e removal,
storage and delivery, and all other amounts due the Telco.
B. Nothing in this Article shall operate to prevent Telco from punuina, at its option~ any other remedies under this Agref:ment or at
law or in equity, includina public or private sa.le of Cacilities under security interest or lieD.
C. Whereas Telco desires to protect the interests of its ratepayers, employees and sbareholders.
1. Telco may require a bond or other satisfactory evidence of financial security in an amount sufficient to gua.ranlee the
performa.nce of 1.11 Applicant's obliaations hereunder. The amount of the bond or financial security shall not operate as a
limita.tion upon the obilaations of the Applicant hereunder: and
2. If Applicant furnished a deposit of money pursuant to this se~tion. such deposit may be held during the continuance of this
Agreement at the option of the Telco as security for any and all amounts which are or may become due to the Telc.:) under the
Agreement.
3. In tbe event tbat a. bond or similar form or assurance is required by Telco, Applicant shall maintain in full force and effect
such bond and shall submit to Telco adequate proof u determined by Telco that the bond meets Telco's requiremenls.
Applica.nt shall provide cenlfication from the company issWn. the bond that the bond shall Dot be canceled. changed or
materially altered without first providing Telco 60 days written notice.
o XIII. LIABILITY A:'<D DAMAGES
A. Telco shall exercise reasonable precaution to avoid damasing the facilities of the Applicant and sball make an immediate report of
the Applicant of the OCCUlTenCe of any such damage caused by its employe.s. alents or contractors. Telco agrees to reimburse the
Applicant for cost incurred by the Applicant for the physical repair of such Cacilities damaled by tbe ne&iigence of Telco. Telco
sball not be liable to Applicant however for any interruption of Applicant's service or for interference with tbe operation of
Applicant's facilities, or for any special. indirect. or consequential damages arising in &DY manner, including Telco's nesJ.igence.
out of the use of lbe att&cbed to poles or anchors or utilizinlanchor/guy strands or Telco's actions ot omissions in regards tbereto.
Applicant sball ind.emnify &Dd hold barmless Telco, its employees. aglnts and contractors from and against any a.ll claims.
dem&Dds. causes of action. cosu and attorneys' fees whatever kind from claims by third panies &rising out of the use of the pole or
anchor attachment or &Dcbor/guy slta.nd utilization or Telco's actions or omissions in regards thereto.
B. Applicant shall exercin precaution to avoid damaginl tbe facilities of Telco and others attached to poles or anchors and shall
make an immediate repen to the owner oC the Cacilities so damaled and Applicant usume, aU responsibility for a.ny and aU direct
and indirect loss from sucb damal' caused by actions of Applicant's employees. agents or contractors or failures to follow
specifications provided in this Agreement.
C. AppUcant shall indemnify. defend and bold harmless the Telco and jomt user from any and all damages and costs. including
attorney's fees. incurred by the Telco and joint user u a result of acts by Applicant, its employees. agents of contractors. including
but not limHed to a loss or right-at-way or prapeny owner consents andlor the cost at defending those andlor consents.
D. The Applicant shall indemnify, defend and bold harmless the Telco aDd joint user from and Ilamst any and all cla.ims. demands.
causes of actions and. costs. including attorneys' fees. for damales to propeny and injury or death or persons. including but not
limited to payments under any Worker's Compensation Law or UDder any plan Cor employee's disability and death benefits. Which
may arise out of or be caused by tbe erection. maintenance. presence. use or removal of Applicant's facilities or by tbeir proximity
to the facilities of aU panies auacbed to a pole or anchor. or by any act or omissioDS of the Applicant's employees. agents or
contractors on or in the vicinity of the Telco's poles. ancbors and illYs.
E. The Applicant shan indemnify. protect and bold barmless tbe Telco and joint user from any and all claims. demands. causes of
action and costs, includ.ing attorneys' fees. which arise directly or indirectly from the construction and operation of .~pplicant's
facilities. including but not limited to taxes. special cbarles by olhers. claims and demands Cor c1amages or loss Cram
Page 5 oC 8
@.SouthNeslBm Bel 'iller' .~
SW-9-'J2
(Rev. 1-91)
infringement of copyright. Cor Ubel &Dd slander, for trespass. for unauthorized use ot television or radio broac1cast prograrr:s and
other program material. .nd from ..ad ...ain,t all claims. demands and costs, including attorneys' fees. (or i.nfrtngemeDt of patents
with respect to the manufacture, use and operation of Applicant's facilities in combination with poles, ancbors or go..:.., or
otherwise.
F. Applicant shall promptly advise the Telco aC all claims relating to damage of propeny or injury to or death of persons, arising or
alleged to have &risen in any manner, direc:Uy or indirectly, by the erection. maintenance, repair, replaceC'le~:. prese::lce. :.lse or
removal of tbe Applicant's facilities. Copies oC aU a.ccident reports and statements made to Applicant's insure: ~y thc Applicant or
others shall be promptly furnished at no cost to the Telco.
G. The Applicant shall indemnify, defend, and hold harmless the Telco from a.ny and aU claims, demands. causcs of action and
costs. including reasonable attorneys fees. wbicb arise directly or indirectly from any work: performed by Telco that was
necessitated by the erection, m.aintenance, presence. use or removal of Applicant's facilities or by their proximity to the facilities of
any other panies which are placed in tbe pole or ancbor a.ttachment or ancbor/guy strand utilization or any work: tbis Agreement
authorizes Telco to perform.
XIV. I:"Sl:RA:"CE
Applicant shall obtain and maintain in full force and effect. for so long as this Agreement remains in effect. insurance policies
specified in APPENDIX IV of this Aareement. Applicant shall submit to Telco adequate proof as detennined by Telco of insurance
by each company insuring Applicanl to the effect thai il has insured Applicant for all liabilities of Applicant covered by this
Agreement and that II will not cancel. change or materiaJ1y aller .ny such policy of insurance issued to Applicant cxcepl after 60
days written notice to Telco. All insurl.nce requirements in accordance with APPENDIX IV must be in effect before Telco will
license any attachment to its poles, strands or anchors and shall remain in force until all of Applicant's facilities have been
removed from Telco's pole. strands or anchors. In the event that Applicant fails to obtain or maintain the required levels and types
of insurance coverl.ie. Telco may elect. in its sole discretion. to terminate this Agreement and all licenses issued hereunder.
XV. AUTHORIZATION NOT EXCLUSIVE
Telco shall have the right to grant. renew and extend n&hts and privileges to others nol parties to this Aa::reemect, by contract or
otherwise. to use any pole, anchor or anchor guy strand covered by this Agreement. Such rights shall not interfere with the specific
attachment rights provided by licenses issued pursuant to this Agreement.
XVI. ASSIGNME;o;T OF RIGHTS
A. Applicant shall not assign or traMfer this Aareement. any license issued pwsuant to this Aareement or a.ny authorization granted
by this Agreement. and this Apeemenl shall not inure to the benefit of Applicant's successors or &Ssips. without the prior written
consent of Telco. No a.5sicnment will be granted without 60 days prior written notice furnished by Applica.nt to Telco.
B. In the event such consent or consenls are &ranted by Telco, then the provisions of this Agreement shall apply and the Applicant
agrees to bind such successor and provide proof of the successor's assumption of the obliiations of this Agreement. Such
successors and assigns of the Applicant will be required. to pay a.n administration fee equal to the fee being charied. at that time for
the administration of new Agreements.
C. Applicant shall not sub-liceMe to a third pany or allow a third pany to utilize Telco's poles. anchors or strands. Such action shall
constitute a material breach of this Apeemenl.
XVII.FAILURE TO E;o;FORCE
FaUure o{ Telco to take action to enforce compliance with any o{ the terms or conditions of this Agreement or to give notice or
declare this Ajp'eement or any authorization jp'anted hereunder terminated shall not constitute a waiver or relinquishmeot of any
tenn or condition of this Apeement. but the same shall be and remain 1.1 all times i.n full force and etfeet.
XVIII. TERMINATION OF AGREEMENT
A. Should Applicant cease to make active use of Its facilities in the area covered by this Aareemenl. then a.1l o{ Applicant's rights,
privileaes and authorizations under this AITeemenl. includ1na all licenses issued hereunder. shall automatically terminate as of tbe
dale follow1..nathe final day that active use of sueb. facilities is ceased.
B. Telco shall have the riabt to terminate this entire Ai"ernent or any license issued hereunder whenever Applicant iJ in default of
any term of this Ap'eement, includinl but not limited to the followi.nl conditions:
1. I{ Applieant's eommUDieatiODl (aeillUes a.re used or maintained in violation of any law or in aid o{ any unlawful act or
undenakina: or
2. l{ Applicant attaches to any poles or utilizes any anehor/plY strands. without bavina first been issued a license therefor: or
3. If any authorization whieh may be required o{ the Applicant by any 10vemmentaJ or private authority for the construction.
operation and maintenanee of the Applicant's f&eillUes is denied or revolted; or
4. If the insurance camer shall at any time notify Teleo or Applicant that the policy or policies of insurance. required under
ARTICLE XIV hereof. will be caneeled or cbanled and if the requirements of ARTICLE XIV are Dot satisfied, this "'&reement
sball terminate upon the effeetive date of such cueeUalion or ebanae, unless tbe Teleo eleelS to take such action necessary to
keep policy in ef(eet.
S. If any occunenee sueh as act of war. government action. foree Majeure or act of God causes either pany, without fault or
nePaenee. to be unable to meet any or aU provisions of this Aareement.
C. Teleo will promptly notify AppHeanl in writina of any condition(s) applicable 10 Paralf.ph (B) above. Applicant sball take
immediate corrective action to ellmiDate any sucb condition(s) and shan confirm in wrilina to Telco within 30 days following
reetipt of sucb written Dotice that the cited. condition(s) bu (bave) ceased or been corrected. I{ Applicant fails to discontinue or
correct such conc1ition(s) anJ./or fails to give the required confirmation. Telco may iDlmec1iately terminate this Agreement.
D. In the event o{ termination ot this Apeement or any of Applicant's rishls. privileles or &uthorizatiollS hereunder. Applicant shall
remove its facilities from Telco's poles. anchors and strands wtthln 6 months from the dale of notification o{ termination:
Pl.g.6 of g
@~Bel1llIe'
'Ie
SW-9432
(Rev. 1-91)
provided, however, tbat Applicant shall be Uable (or and pay ..U rees alld cbarges pursuant to terms of this Agreement 10 Telco
until Applicant's fac.i1ilies are actually removed from Telco's poles. anchors and strands.
E. I( Applicant does Qot remove its facilities from Telco's poles, ancbors aDd strands within the applicable time periods specified in
this ^&reemeDt. Telco sball have the ri&hl to remove them at the expense of the Applicant in accordance with Article II. Paragraph
C of this Agreement and Telco shall be indemnified by AppUcant Cor such work in accordance with Anicle XUI, Paragraph G.
F. In the event any DC the rearra.ngements, fees and chuges provided for under this Agreement are hereafter offered under tariff med
by Telco and in effect with a regulatory commission with jurisdiction over the attachments provided for by licenses issued pursuant
10 this Agreement. this Agreement with respect to those rearrangements. fees and charges shall terminate and shall be superseded
by such tarif!. Said termination is to become effective on the day preceding the day when such tarilf becomes e{fecti....e.
XIX. TERM OF AGREEME;o;T
A. Unless sooner terminated as berein provided. tms agreement shall continue in e{fect for a term of one year from the date hereof.
and cODtinuing thereafter from year to year. Provided, bowever, that either party may terminale this Agreement with or without
cause. by giving the other party at least 6 months prior wrinen notice thereof. Sucb six months notice of terminatioQ may be given
to take effect at the end of tbe original one year period or a.t any time thereaCter.
B. Termination of this Agreemenl or any licenses issued hereunder shall not affect Applicant's liabilities a.nd obligations incurred
hereunder prior to the effective date of such termination.
XX. AMENDING AGREEMENT
Notwithstanding other provisions of this Agreement, the terms and conditions of this Agreement shall not be amended. changed or
altered except in writing and with appro.....l by autborized representatives of both parties.
XXI. NOTICES
All written notices required under this Agreement shall be given by posting tbe same in certified mail to Applicant as follows:
(Name)
~~ichael E.
Malone
(Title)
City HanaBer
(Company)
City of Paris
(Address)
P. O. Box 9037
(City. State, Zip)
Paris, TX
75461-9037
and to Teleo as follows:
(Name)
Carol ReHer
(Title)
Manager-License/Joint Use Administration
(Company)
Southwestern BeU Telephone Company
(Address)
6500 West Loop South, Zone 5.3A
(City, Slate, Zip)
Bellaire, Texas 77401
or to such address as the parties hereto may from time to time specify in writinl.
XXII. SUPERSEDURE OF PREVIOUS AGREEMENT(S)
This Aareement supersedes all previous alleements. whether written or oral. between Telco and Applicant for placement a.nd
maintenance of Applicant's facilities on poles. anchors and ancborlsuy strands wtt.b.in the aeop.phic&! uea covered by this
Alleament; and there are no olher provisions, lerms or conditions to this Alfeement except as expressed berein. All eurrently
effective licenses heretofore panted pursuant to such previous &lP"ements sball be subject to tbe terms and conditions of this
A&reement.
XXIII. SEVERABILITY
If lay provision or ponion thereof of this AlfeemeDt is or becomes invalid under any applicable statute or role of law, and such
invalidity does not materially alter tbe essence of the Aareement to either party. sueb provision sbaU not render unenforceable this
entire Acre.ment but rather it is the intent of the panies that tbe Acreement be administered as if Qat cODtamina Ihe innlid
provision.
Page 7 of 8
@ SoulhweetlIm Bel ~
)
SW-9..i32
(Rev. 1-91)
XXIV. CHOICE OF LAW
It is the intent of the parties that this Agreement be governed by the applicable law5 ot tbe state in which the poles, anc.hors a.nd strands
are located for which licenses are issued pursuant to this Agreement.
XXV. APPENDICES
APPENDIX II (Definitions) and all APPENDICES referenced in this Agreement are bereby incorporated into and made an integra.l
part of this Agreement.
IN WITNESS WHEREOF. the panics voluntarily, knowin&!y, and with authority, execute this Agreement.
TELCO:
Southwestern Bell Telenhone Comnanv
Name of Company
By
II.
Division Manager-Distribution Services - North Texas
Date
APPLICANT:
The City of Paris, Paris, Texas
Name of Company
By
Michael E. Malone
lIS
Citv Manaeer
Title of Authorized Officer
Date
August 10, 1992
Page S of 8
@.....~ "W
~ -.. , ~-
=:~... ~""'k~
;:;... ~~,
Retention Period. See J.P. H
(TEX. 10-91)
APPENDIX I
SCHEDULE OF FEES AND CHARGES
THIS APPENDIX I. effective as of _ 1/1/92 . IS an Integral part of the License Agreement oetween
Southwestern Sell Telephone Co. (Telco) and ** (Appllcano.
aated _ and contains the fees and charges governing the use of Telco's poles. anChOrs
and guy strands by Applicants communications facIlities.
A) Attachment and Utilization Fees
** -
The Citv of Pari~ Tpx~~
1) General
a) Attachment and utilization status shall be considered to have commenced as of January ,
for any attachment or utilization tor which the license IS Issued between January 1 and June
30 of the same calendar year. and as of July 1 for any attachment or utilization for which
the license IS ISSUed between July 1 and December 31 of the same calendar year. SUCh status
shall be considered to have ceased as of the next January 1 or July 1. whichever comes first.
following the phYSical removal or discontinuance of the attachment or utilization. A semlan.
nual minimum charge IS applicable tor all licenses.
b) Fees shall be based upon the number of poles. anchors. and guy strands for which licenses
have been issued as of the date of billing by Telco. and shall be payable semiannually in
advance.
NOTE: See Reverse for Locations
2)~
Pole. Anchor, and/or Anchor/Guy Strllnd
Accommodatlona
Semi.Annual Fee
a)Per pole attached (Video Programling)
$
N / A
b ) Per anchor anached
$
c ) Per anchor/guy strand utilized
d) Non-Video Programming per
e) Video Programming Billing
8 ) Charg..
pole
Event Charge
$
$
$
'i0
- 0 -
- 0 -
1) Comput8tlon
f) Non-Video Programming Billing Event Charge $
Chargee for III WOrk performed by the Telco or by its authorized representative in connection
with the furnishing of pole, anchor and guy strand accommodations as covered by this Agr_
ment shill be tlasecl upon the full cost, plus _.l. ~ _ % of such amount. to the Telco for per.
formance of such work. Such charges will apply for. but not be limited to, prelicense survey,
mak.ready work. inspection and removal of Applicant's communications facilities and SUpervl'
sion. at the option of the Telco, or Applicant performed work associated with licenses issued
pursuant to this Agreement.
Fees for thasa items may be specified by Telco in subsequent amendment to Appendix I in
accordance with ARTICLE II E) and F) of Agreement.
~ FIle c:o,.y. ""'- ,.44 C I J
Page , ot 2
@~BeI
~ ~' w.......
AatonUon Partod . See J.P. 41
""'~~
.Fl.... J.6S.
APPENDIX II
DEFINITIONS
As used in this Agreement:
A) Anchor
An assembly (rod and fixed object or plate) designed to resist the pull of a guy strand. owned
solely or in part by the Telco or by others. for which the Telco is responsible for authorizing
the attachment of Applicant's communications facilities.
B) Appllcant's Communications Facilities
All facilities. including but not limited to cables. equipment and associated hardware. owned
and utilized by the Applicant which are attached to a pOle or anchor.
C) Duct
A single enclosed raceway for wire conductors or cables.
D) Guy Strand
A metal cable attached to a pole and anchor (or another pole) for the purpose of increasing
pole stability.
E) Joint Owner
A person, firm, corporation or other legal entity sharing ownership of a pole and/or anchor
with Telco.
F) Joint User
A joint owner or party which may attach to a pole or anchor or occupy a conduit either solely
or partially owned by the Telco. in return for granting the Telco equivalent rights of attach.
ment or occupancy to poles or anchors which it owns. either solely or partially.
G) Make.Ready Wort!
All work. including but not limited to. rearrangement and/or transfer of existing facilities.
replacement of a pole or other changes required to accommodate the Applicant's communica.
tions facilities on a pole. anchor or in a conduit system.
H) Prelicense Survey
All wort! operations required. including field inspection and administrative processing, to
determine the make.ready work necessary to accommodate Applicant's communications
facilities on a pole or anchor.
I) Pole
A pole owned solely or In part by the Telco and/or by others for which Telco is
responsible for authorizing the attachment of Applicant's communications facilities.
J) Pole AltKhment
Any item of Applicant's communications facilities affixed to a pole.
PAGE: 1 OF z.
Ollie". Fila CooY. unla.. raoooducad
@ SouIhLr I ~ - Bel
"'" Te It Po"'" III
R.....tlon _ . See J.P. 47
FOAM SM432C
(...MOI
APPENDIX III
ADMINISTRATIVE FORMS AND NOTICES
THIS APPENDIX III, effective as of 1 /l / 92 , is an integral part of the Licensing
Agreement between Southwestem Bell Telephone Co.. (Telco), and The Citv of Paris, Texas
(Applicant), dated and contains the administrative forms governing the use
of Telco's poles, anchors and guy strands by Applicant's communications facilities.
INDEX OF ADMINISTRATIVE FORMS
Pole, Anchor and Guy Strand Details
SW9433
SW9433- ,
Application and Pole Attachment License
Pole Survey Form
SW9433-2
Authorization for Prelicense Survey and/or Make.Ready Work
SW9434
Notification of Surrender or Modification of Pole
Attachment License by Applicant
SW9436A
0"_ FIle CoIJy,....-~-
~
Solll_.m IlolI
Telephone
LA - SW-9437E - TX
( 8 - 91 )
APPENDIX IV
INSURANCE REQUIREMENTS
The following requirements shall be maintained in
full force and effect by the Applicant/Licensee in accordance with
Article XIV of this Agreement:
A. POLICY REQUIRED
(1) Commercial General Liability Policy
B. GENERAL REQUIREMENTS A1?PLICASLE TO POLICY
(1) CGL insurance shall be written by carrier with a B+VII or
better rating in accordance with the current Best Key Rating
Guide.
(2) Deductibles shall be listed on the Certificate of Insurance.
(3) Claims Made Policies will not be accepted.
(4) SwaT shall be listed as Additional Insured.
(5) Limits of liability represent minimum amounts.
(6) CANCELLATION CLAUSE: SwaT's contracts provide it is to
receive_30 days advance written notice o~ cancellation, or of
a aaterial change in coverage. Via deletions and additions,
the cancellation clause will read as: "SHOULD ANY OF THE
ASOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE OR MATERIAL CHANGE THEREOF, THE ISSUING COMPANY WILL
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED
TO THE LEFT."
(7) Applicant/License. shall submit a certificate of insurance or
other adequate proof of foregoing insurance prior to the
issuance of any license pursuant to this agreement.
(8) Location of Covered Operations:
(Minimum) State of Texas
C. COMMERCIAL GENERAL LIASILITY
(1) SwaT requires $1,000,000 coverage per occurrence for
Premises/Operations liability, $1,000,000 for General Policy
Aggregate, $1,000,000 coverage per occurrence/aggregate for
Products' Completed Operations.
(2) No coverage shall be deleted from the standard policy,
CG 00 01, without notification of individual exclusions
being attached for review and acceptance.
(3) Exclusion endorsements deleting Explosion, Collapse ,
Underground (XCU), Completed Operations, Contractual
Liability , Broad Form Property Damage will not be
accepted. (Conduit Occupancy Only)
@'southwestern Bell
Telephone
SW-UJ20
(Rev. (-87)
APPENDIX V
PROCEDURE FOR PROCESSING MULTIPLE POLE AND/OR ANCHOR
ATTACHMENT, ANCHOR/GUY AND
STRANO UTILIZATION LICENSE APPLICATIONS
THIS APPENDIX V.
between
(Applicant) dated
applications.
effective as of 1/1/92 , is an intergral part of the License Agreement
(Southwestern Bell Telephone Company) and The Citv of Paris. Texas
and contains the procedure for processing multiple ,-,cense
I A ) MULTIPLE APPLICANTS
Applications received from multiple applicants for the same pole. anchor, anchor/gut strand or conduit
system will be classified as follows:
1) simultaneous
- received by the Telco on the same business day
2) non-simultaneous
- received by the Telco on different business days
I 51 PROCESSING I
Processing of multiple applications by Telco will be as follows:
1) Ilmultaneoul applications - Processing of simultaneous applications will be done concurremly
Authorization for attachment or utilization will be granted
simultaneously to all multiple applicants involved.
2) non-slmultaneoul applications - Initial applicant will be offered the following Options in writing
immediately following receipt, by the Telco. of an applicatlon(s)
from an additional applicant(s). Copies of such written notificatiOn
to the initial applicant will be sent to the additional applicant(s).
Option 1 - Application (s) of the initial applicant will be processed on the basis that there is no
application on file from another applicant for the same pole, anchor or anchor/guy
strand.
Option 2 - Application(s) of the initial applicant and additional applicant(s) will be processed in
accordance with B) 1) preceding.
3) Initial Applicant
All work in progress on appllcation(s) flied by an initial applicant will be suspended by the Telco from
the date of Its written notification as required in 2) preceding until the initial applicant nctlfies the
Telco. in writing. of the Option it elects. Such written notification. by the initial applicant will be
required no later than 20 days following its receipt of the aforemenetioned notification from tM
Telco; otherwise the Telco will deem the initial applicant to have elected Option 1. Telco will notify
the additional applicant(s). in writing. of the Option elected by the initial applicant.
4) Additional Appllcant(l)
Option 2 will be subject to acceptance by all multiple applicants involved. The additional applicant(s)
will have 10 days from receipt of written notification from the Telco advising that the initial applicant
has selected Option 2. to accept or reject by written notification to the Telco the conditions
applicable to simlJltaneous attachment or utilization; otherwise the Telco will deem the additional
applicant(s) to have rejected acceptance of treatment as simultaneous applicants.
Page 1 of 3
Official File Copy, uniess reproduced
@ Southwestern Bell
Telephone
SW-i4320
(Rev. 4-87)
c) Field inspections results developed by 8 multiple applicants in accordance with A"icle VII A)
2) (b), must be submitted to the Telco within 30 days of the most recent date upon which the
applicant's pending application(s) have been classified as non-simultaneous. Failure of an
applicant to comply with this requirement will be conSidered by the Telco as a cancellation of
the application(s) involved.
2) Pre-License Survey Costs
Each multiple applicant will be charged the applicable pre-license survey costs incurred by the
Telco relative to a determination of the make-ready work required to accommodate attachment
or utilization of the individual applicant's communications facilities on a non-simultaneous baSIS.
3) Make-Ready Completion Schedule
The date of receipt (earliest taking precedence) by the Telco of applications filed in accordance
with A"icle VI B) will determine the priority of make-ready work completion by the Telco. Any
change in priority of pole, anchor, anchor/guy strand or conduit availability will require an
appropriate change in make-ready work completion of the application(s) involved and be subject
to the Telco's ability to accommodate the specific change(s) required in its established work
schedule.
4) Make-Ready Work Costs
Make-ready work costs will be allocated as follows:
a) The initial applicant will be charged the total cost incurred bv 'he Telco to accommodate the
attachment, utilization or occupancy of the initial applicant's ~:.."munications facilities on poles,
anchors or in conduits on a non-simultaneous basis.
b) The additional applicant(s) will be charged the total cost incurred by the Telco to accommodate
the anachment. utilization or occupancy of the additional applicant's communications facilities
on poles. anchors or in conduits for which prior attachment. utilization or occupancy
authorization has been granted to another applicant.
I El PRE-LICENSE SURVEY COMPLETION - TELCO
In performing all field inspections and associated administrative processing for which it may be
responsible. the Telco will endeavor to include such work in its normal work load schedule.
I Fl CHANGES IN APPENDIX
This Appendix may be changed in whole or in pa" at any time during the term of this Agreement at
the sole option of the Telco upon the giving of not less than 60 days written notice thereof to the
Applicant and to substitute in place thereof such other provisions as the Telco may deem necessary
as relative to multiple attachments to poles and anchors or utilization of anchor/guy strands of the
Telco.
The City of Paris, Parts, Texas
Southwe.t.rn Sell Telephone Co.
By:
Michael E. Malone
City Hanager
By:
Its:
Its:
Date:
August 10, 1992
Date:
Page 3 of 3
@ Southwestern Bell
Telephone
S\\:.<).l)J
(Rev. 11-391
Ref: 00:-01149005\\
APPLICATION AND POLE ATIACHMENT LICENSE
LICE:;SE AGREe.IE);" NU:lBER
The City of Paris, Paris, Texas
(,"ppltCao.l)
P. O. Box 9037
Addrcu
Paris, Texas 75461-9037
AuQust 10. 1992
O&te
SOl:THWESTER:-I BELL TELEPHO:-lE CO.
In accordance with the terms and conditions of the Licensinl Aareement between us, dated
application is hereby made for a nonexclusive license 10 att&ch communications facilities to
anchors, andJor utilize &ncbor/suy strands. located in Paris, Texas
indicated on Form SW-943J-1. This request will be designated:
19_.
poles,
as
Pole Attachment Application No.
Applicant hereby requests Telco to provide the followUtI .stimate(s) of the cost to complete the required prelicensing survey
work (indicate by initialing). Such estimate(s) does not bind the Applicant to acceptance ot Telco's completion or the Field
Inspection ponion or the prelicense survey:
_ Administrative ?toeessina
_ Field Inspection
The City of Paris, Paris. Texas
(Applicant)
By:W. E. Anderson
(Nama of a\l.thorl%ed alent)
Its:
Director of Finance
(Title of a\lthorued alent)
T No. (903) 785-7511
01.
Pole Attachment Ucea,e Number is hereby aranted to attach the communications
.. facilities described iD this I.ppUcation to poles. anchors, utilize anchor:
... iUY strands. locateel ill Par;,q T,:loY~<:! I as indicated on the auached
.-
... City/ Area, State
... Form SW-9433- \.
>>-
. @ Video Rate
.
... II poles Southwe.tern Bell Telephone Company
...
...
.- @ Non-Video Rate
... By:
I /1 poles (Name of authorizad a,aot)
W
... Hs:
.
. Uc.nse Issue Date (Title of ...uhorizad alent)
...
Tol. No.
Individual applications to be numbered iD sequential ascendinl order by Applicant for each Ucensina Agreement.
Telco will process applications in sequential ucendin. order accordina to the I.pplication numbers usianed by the
Applicant unless differenf procedures are established locally in ad.vance.
@ Southwelle," Bell
Telephone
SW-9433-'
(R.". 5-891
R.': 002-011-900SW
Fl'age_ of
Agreement Number
The City of P~ri~ PAX.is Texas
(l.leans..)
(ApplIcatIon Nl.lmDer)
{Map Of' DrwQ. No.}
POLE, ANCHOR AND GUY STRAND DETAILS
2
LICENSEE (2) I.ICENSOR 131
MAKE-READY ANCHOR AIGS ATTACH. I.ICENSE I.ICENSE
POI.E NO. (41 I.OCA TION 15) REQUIRED 161 USE (7) USED 181 191 NO. DATE
(See Aeverael
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@ Southwestern Bell
Telephone
SW-943'
(Rev. 5-89
Ref: 002-0"-900S,.,
AUTHORIZATION FOR PRELICENSE SURVEY
OR MAKE-READY WORK
Agreement Number
The City of Paris, faris, Texas
ApplIcant
o PREl.ICENSE SURVEY
Applicant No.
o MAKE-READY WORK
TelCO EWO 1\10.
HOURS
l.OADED RATE
TOTAL
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a: :
~ "
III I:
w ,:~
III
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Engineering
s
. S
x
Total (Advance Payment Required) S
If you wish SWBT to complete the required survey work, siQn below and return wtth appropriate advance payment as
Indicated.
estimated CompletIon Dolt.
HOURS
l.OADED RATE
TOTAl.
~
a:
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Material
Englne.rlng
s
s
s
x
. S
. S
. S
xxxx
xxxx
x
x
Total (Advance Payment Aequlred) S
If you wish SWBT to complete the required survey work. sign below and return with appropriate advance payment as
Indicated.
Estimated ComcMation Oata
WORK AUTHORIZED:
ESTIMATE SUBMITTED BV:
(AutnotiZed Signatural
Michael E. Malone
( Sionatural
r4t'Y' M~n!3gQ""
IT1tl.,
(Tltlal
(903)_ 785-7511
{Tal, No.)
(Oeta)
{Oata)
(Tal. No.)
@ Southwestern Bell
Telephone
SW-9436A
(Rev. 5-89)
Ref: 002-011-900SW
NOTIFICATION OF SURRENDER OR MODIFICATION
OF POLE ATTACHMENT LICENSE BY LICENSEE
Page_ of _
Agreement Number
The City of Paris, Paris, Texas
(Licen.ce)
(Addle..)
Southwestern Bell Telephone Company;
In accordance with the terms and conditions of the License A&I'eement between us, dated . 19_, notice
is hereby gi....n that the licenses covering anac:hments to the foUowing poles and/or anchors andlor utilization of anchor/guy
strand is surrendered (or modified as indicated in Licensee' 5 prior nolificalion to Licensor. dated , 19 ~
eC(ective **** ** ** ** **** ** ** *** * ** * * * *** ** * *** *,< ** *
2
DATE FAC.
POLE NO. ANCHOR A/OS LIC. NO. &. DATE SURRENDEER OR MODIFICATION RMVD. OR
(ASSOC. POLE NO.) MODIFIED
3
4
5
6
7
8
9
10
11
12
13
14
IS
Date Nolifiealion Received
Dale Modification Accepted
By
Discontinued:
Non-Video Pol..
Video Poles_ Anehon
Anchor/Guy Strands
Name of Licen.ee
By
Title