ORDINANCE NO. O-6-2011

 

AN ORDINANCE PROVIDING FOR THE LETTING AT PUBLIC BIDDING OF A FRANCHISE, FOR THE RIGHT AND PRIVILEGE OF ENTERING IN AND UPON THE STREETS, ALLEYS AND HIGHWAYS, AND PUBLIC PLACES OF THE CITY OF FORT THOMAS, A MUNICIPAL CORPORATION OF THE FOURTH CLASS SITUATED IN CAMPBELL COUNTY, KENTUCKY; TO ERECT AND MAINTAIN A TELECOMMUNICATIONS SYSTEM; TO ERECT, PLACE AND MAINTAIN  POLES, CROSSARMS, WIRES, CABLES AND OTHER AERIAL FIXTURES; AND TO CONSTRUCT AND MAINTAIN UNDERGROUND CONDUITS, MANHOLES AND OTHER UNDERGROUND FIXTURES AND EQUIPMENT; AND TO CONSTRUCT, PLACE AND MAINTAIN SUCH OTHER APPURTENANCES AS MAY BE NECESSARY TO OPERATE SAID SYSTEM FOR THE PURPOSE OF FURNISHING TELECOMMUNICATIONS SERVICES BY THE MEANS OF WIRES, RADIO OR RELATED/APPROPRIATE FACILITIES FOR A TERM OF FIVE (5) YEARS; AND TO PROVIDE TERMS AND CONDITIONS OF GRANTING SUCH FRANCHISE, RIGHT AND PRIVILEGE TO THE HIGHEST AND BEST BIDDER THEREFORE.

 

WHEREAS, the City is authorized to grant one or more non-exclusive, franchises for installation of telecommunications facilities; and

 

WHEREAS, the City desires to advertise for bids for such telecommunications franchise(s).

 

            NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT THOMAS, CAMPBELL COUNTY, KENTUCKY:

 

SECTION I

 

            The City Clerk of the City of Fort Thomas shall, within ten (10) days after the adoption of this Ordinance, advertise by one (1) insertion in the newspaper of widest circulation printed in Campbell County, Kentucky, that sealed bids will be received for the sale of the franchise, right and privilege of entering in and upon, through, under, and along the streets, alleys, sidewalks, and public ways and places of the City of Fort Thomas, as it is now or may hereafter be enlarged, to construct and maintain a telecommunications system; to erect and maintain poles, crossarms, wires, cables and other aerial fixtures; to place and maintain buried cables and wires and to construct and maintain underground conduits, manholes and other appurtenances as may be necessary to operate said system for the purpose of furnishing telecommunications services by means of wires, radio or related or appropriate facilities, and in connection therewith, to do a telecommunications business under the terms and conditions hereinafter set out, for a period of five (5) years from and after the acceptance by the Council of any bid hereunder.  The Grantee shall have the option to renew the franchise agreement for a maximum of three, separate five (5) year terms, at the discretion of the Grantee, unless the Grantee is in default. Under no circumstances shall the total length of the franchise agreement exceed twenty (20) years. 

 

SECTION II

           

            The successful bidder, his or its successors or assigns, shall, within thirty (30) days after the adoption of this Ordinance, execute a bond in the sum of 5% of the anticipated value of the improvement for the faithful performance of said contract and the observance of the provisions and conditions of this Ordinance. Additionally, the successful bidder shall name the City as an “also insured” in its insurance policy for the project. A copy of said policy shall be delivered to the City within thirty (30) days of the adoption of this Ordinance.

 

SECTION III

 

            Before opening or entering upon any street or public thoroughfare in the City of Fort Thomas for the purpose of maintaining, repairing or replacing said distribution system, including but not limited to: conduit, manholes, poles, wires and service connections, the successful bidder shall secure a Street Opening Permit from the General Services Department at the City Building, 130 N. Ft. Thomas Ave., Ft. Thomas, KY 41075.  (Phone:  (859) 441-1055)  The permit shall indicate the date, location, size and extent of said street opening.

 

            The successful bidder, his or its successors or assigns, shall restore the streets, ways or thoroughfares where said maintenance, repair or replacement took place to its former condition in accordance with restoration specifications of the City of Fort Thomas.  All restoration work shall be completed at the cost and expense of the successful bidder, his or its successors or assigns as soon as practical and shall save said City harmless and free from any and all damages for injuries to persons or property that may result from any neglect on the part of said bidder in connection with said construction or the maintenance of equipment of said company in streets, public right-of-ways or thoroughfares.

 

            Furthermore, the successful bidder, his or its successors or assigns, understand that a Street Opening Permit may not be approved except for emergency repairs for a period of five (5) years subsequent to the resurfacing and/or reconstruction of a public street or thoroughfare.  The City will notify the successful bidder no less than ninety (90) days prior to commencing with said work to determine the need for maintenance and repairs to any and all facilities owned by said bidder located within the area proposed for improvement.

 

 

 

 

SECTION IV

 

            The franchise or privilege herein granted shall in no way be construed as an exclusive privilege or franchise and the City expressly reserves the right to grant similar privileges to any other persons, firm or corporation.

 

SECTION V

 

            Each bidder shall state in the bid the specific telecommunications services said bidder will furnish or provide within the City of Fort Thomas.

 

SECTION VI

 

            This Ordinance and bid or proposal which shall be accepted by the Council under the provisions hereof and the bond, if applicable, required to be executed by the person, firm or corporation to whom is awarded the franchise together with the Ordinance accepting the bid or proposal, shall be and constitute a contract between the City of Fort Thomas and the person, firm or corporation, his or its successors and assigns, to whom the franchise, right and privilege provided for herein is awarded.

 

SECTION VII

 

            This Ordinance shall become effective upon passage, approval, and publication as required by law.

                                                                                   

 

APPROVED:

 

                                                                                    ___________________________                                                                                                                                                                                          Mary H. Brown, Mayor                                                           

1st Reading:  April 4, 2011

 

ADOPTED: April 18, 2011

 

ATTEST:

 

______________________________

Melissa K. Kelly, City Clerk