2015-365S: \Legal \Our Documents \Real Estate \DME \Fiber\Zayo Agreement Ordinance.docx
ORDINANCE NO. 2015 -365
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING
THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON, DENTON INDEPENDENT SCHOOL DISTRICT ( "DISD ") AND
ZAYO GROUP, LLC ( "ZAYO ") TO ALLOW ZAYO ACCESS TO THE CITY'S RIGHT -OF-
WAY WHERE DISD FIBER CONDUIT IS LOCATED FOR THE LIMITED PURPOSE OF
INSPECTING AND PROOFING DISD CONDUIT AND INDEMNIFYING AND HOLDING
THE CITY HARMLESS; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON ORDAINS:
SECTION 1. The City Council of the City of Denton hereby approves the agreement
between the City of Denton, the Denton Independent School District and Zayo Group, LLC to
allow Zayo access to City's Right -of -Way ( "ROW ") where DISD fiber conduit is located for the
limited purpose of inspecting and proofing the same and indemnifying and holding the City
harmless for their actions in the City's ROW. A copy of the agreement is attached and incorporated
by reference. The City Manager, or his designee, is authorized to execute this agreement on behalf
of the City.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of,��� „� , 2015.
CHRIS WAT” S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 'k
Al:'P )VED TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
LZ6%.0Vk."o- � .
Jilt ;Y Nw
0
November 11, 2015
Larry CoMster
Deputy pity Attorney
silty of Denton
215 E., IMc@C nney
Denton, TX 76201
RE: of Denton Wependent SchooV Mstrkt Conduk
Located in the City of Denton (Texas) Mghts-of-Way
ZAVO GROUP, UILC
D80529" SU QuI 80301,
Iff-I 4J.'j-1721,
Acknowledged and accepted by:
City of Denton, a Texas home-rule
rnunWpal cc"Pqwim
Slgr Lure
Printed Wow
ily Awl' er
Title
Signed on the a, . of . .. 1011m, 2015
. . ...................... ............ . .
Zayo, Group, a D61aware HrMted flabfty
.74 ny
V%
Printed Dame
fA550ci 4,4C,
.. ... ..... .
Title
Signed on the I G of OVe*M-4er '2015
go Page 2
Denton Independent SchoW District, a TCKaS
Wependent school distidd
Signature
b411WA k. A411e11�5
Printed Name
7
4 _7
Title
Signed on the /
of a 2015
APPROVED AS, TO FORM:
CITY ATTORNEY
CITY QF DE TON, TEXAS
BY: