HomeMy WebLinkAbout01-15-1980
i AGENDA ~
CITY OF DENTON CITY CJUNCIT,
January 15, 1980
Special Called Meeting of the :1tty of Denton City Council a
Tuesday, January 15, 1980 at 7:J0 P,M, in the Council Chambers
s of the Municipal Building, Broadcast live on KNTU Radio, 98.5
P.M,
1. Consider a recommendation from the Planning and Zoning
Commission on the format and implementation pollc!as of
the Land Use Planning Committee and provide directions for
the Denton 80's Committee.
' 2. Receive a report and recommendation from the Library Board
on the construction of the new Library building.
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3. Consider a joint Pole Use Agreement between the City of
Denton and General ^,olephone Company. (The Public
Utilities Board recommends approval.)
I 4. Consider the appointment of three City Council positions i
! } to the Land Use Planning Committee.
5. Consider a status romort on the TMPA Board Meeting. i
6. Executive Sessions
A. Legal Mattets {
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B. Real Estate
I C. Personnel }
D. Board Av?pointments j
7. Consider Board Appointments
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CITY OF DENTON
MEMORANDUM
JANUARY 15, 1480
Agenda Item:
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Consider a recommendation from the Planning Commission concerning the
format and implementation of the Land Use Plan.
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This item concerns a recommendation from the Planning ',nd Zoning Commission
r about the desired type of land use plan and day-to-day implementation
E policies on its use. The purpose of this action is to provide tentative
guidance to the upcoming land use committee about:
1: the general type of land use plan the Planning and Zoning
Commission and City Council would judge most useful for our
purposes of using as a day-to-day working tool, and
2. provide tentative commitment to the committee on how the
Planning and [oning Commission and City Council would use
the results o the plan on a day-to-day basis, i.e., the
implementation policy.
As the principle users of this planning effort it seems impportant to pro-
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developedainporderothate plan is oing
the desired need and use.
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Action Recommended: 1
The following recommendation best seems to fit the discussion to date:
1. T e of P an: The format of the plan would be a combination
j pot cy p an and fixed design plan. Most land use questions
would be cove.,d in specific policy statements related to a
general land use map. Specific map locations by land use
would be provided for some areas and would be provided for
thoroughfares and floodplains.
(A summary description of the alternative type of plans is
included in the memo.)
f 2. Im mentation Policv: An important determination by the
Planning Commission and the City Council is how {
the Land Use Guide is going to be used on a day-to-day basis.
One key to success of the plan is to establish firm continuing
use or continuing update procedures. Those procedures should
be considered early in the planning process in order to
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CITY OF DENTON, MEMORANDUM - 2 !
a) guide your work in the committee in molding the type of plan
that will best serve your day-to-day needs, and b) establish
early on a commitment to use the plan that will be developed.
Like the decision on the type of plan desired, this decision
can be somewhat tentative since the work in the committee
will mold the details and a final decision can he delayed
with Council review. However, due to its importance, a tenta-
tive update procedure policy should be established at this early
date as the base for further continued review.
} A recommended update procedure is attached for your review.
OUTLINE OF POTENTIAL LAND-USE POLICY GUIDE UPDATE PROCEDURE
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1. Update Daily Along With Related Decisions
(Zoning Cases, CIP, Subdivision, etc.)
A. Staff Summary Reports
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The staff report on all Council/Planning and Zoning decision items
shall clerrly relate alternative decisions with impact on appro-
priate policies in the plan. Pages from the plan will be pro-
jected with the view graph machine at the meetings.
B. If a decision indicates a corresponding policy change is required
in the plan then:
i 1. The staff is required to draft a modified policy change and
present it to the next regularly scheduled City Council
meeting for action or policy revision. If in the case of
zoning action the required policy modification shall
accompany the zoning ordinance final action.
2. The City Council will make final review of potential policy
change and incorporate said change in the Land Use Policy
Guide.
C. Any Planning and Zoning Commission or City Council Member may
present a proposed policy change whether or not a pending or {
recent Land Use decision has been made. The proposed change
is forwarded to the Planning and Zoning commission for their
review and recommendation to the City Council.
0. If a proposed policy change is determined by the City Council to
be a ) relatively controversial decision, and 2) not an urgent
decision then a special mini-neighborhood or sector concensus
planning cross-section type of study Committee headed by Planning
and Zoning and Council members may be commissioned. The committee
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tudy time will be structured to the time constraints of the
decision, The ill be r with nin a
recommendation tomthetfulliPlanningaanddzoningbCommissioncand
I City Council.
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CITY OF DENTON, MEMORANDUM - 3 J
11. Yearly Policy Guide Re-adoption
A. In April the complete policy guide is placed on the Planning and
Zoning Commission Agenda for re-adoption or recommended minor
modification. After such study the Planning and 2oning Commission
is required to forward a recommendation to the City Council at
their second meeting in May.
B. The City Council will take the Planning and Zoning Commission
recommendation and reconfirm or modify the policy guide and
s adopt the guide as a policy document for tha upcoming year.
III. General Policy Guide Major Update; Approximately Every 5 Years
A. This policy guide is to be updated approximately every five years.
1. Update dependent upon:
a. Population growth
b. Extent of amendments during proceeding years (more
amendments - more need for general update)
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2. Process for update to be decided at the time of update.
R j Action Requested
Council review of these recommendations and a general indication that they be
E adopted in principle with the understanding that the detailed structure be ;
finalized after the Land Use Committee work is finished and the Denton
Development Guide is adopted.
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SUK4ARY REVIEW OF TYPE OF PLAN ALTERNATIVES
k -VES
Characteristics of major type of Community Planning efforts.
1. General Plan
Scope
k Broad and Long Range policies and Goals.
` Maps and other guides, general, not specific, for site by site use.
Ma or_Purposes
General community promotion of:
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education to community needs
general ceiicensus of broad community direction
2. Policy Plan
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Scope
Specific but flexible detail policies. 1
Most reports are characterized by numerous written policies but
I can also be supplemented by ,raphic representations.
{ A noted management professor, Dennis Rondinelli, describes policy
planning as follows:
Unlike traditional comprehensive planning that sought to devise
a long range ideal end state for urban development in the frame-
work of a synaptic master plan, policyy planning seeks to deal
with pressing problems of urban life by influencing the substance
and direction of on-going public decisionmaking. Polic ldnning
~ action-oriented. It attem is intervention rather an mare
p-rsc~ rut on o cy planning s concerned w t- ma gr
intrem<!nta impact on local policies affecting the quality of
urban services and the rate and distribution of urban growth,
Urban policy planning is the management of urban change.
Major PurDOSe
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I As noted above it is action-oriented to be used as a tool to
help support day-to-day decisionmaking.
3. Fixed Design Plan
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1 Scope E
Characterized by a site specific Land Use Plan that shows detail '
breal.down of different types of Land Uses and has very little
backup written policy interpretation of the map.
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SUMMARY REVIEW OF TYPE OF PLAN ALTERNATIVES - 2
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Maior Purposg
To provide specific guidance on day-to-day decisions from desired
land use location to specific thoroughfare alignments. In the
f ' development planning process this is the design plan which is
immediately followed by the more detailed architecture or
engineering plans.
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COUNCIL AGENDA ITEM DATEa January B► 1980
SUBJECTt CONSIDER JOINT POLE USE AGREEMENT BETWEEN CITY
OF DENTON ?.ND GENERAL TELEPHONE COMPANY.
Die to the significant increases that have taken
SUMMARY place in recent years it the cost of installing
and maintaining poles, it has become necessary
to update the existing Joint Pole Use
Agreement. The new annual pole use rate $ ill be
raised to $5.00 por pole lieu of the charge shown in the 1967 contract.
FISCAL. SUMMARYt
s *3165 Poles F $2.50 (old rate) $7,912.50 J
3165 Poles @ $5.00 (new rate) $ 1y925.00
7,912.50
Increase in revenue to City $
€ (The number of poles are determined annually)
ACTION REOUIRED► +
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Approval of Amendment to the Joint Pole Use Agreement.
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ALTERNATIVES3
a) Accept Agreement.4
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b) Reject Agreements Utility Department does not
recommend since Agreement has and will continue to be
mutually satisfactory.
STAFF RECOMMENDATIONt
The Public Utility Board at their December 19► 1979, !
meeting recommended that the Amendment to tho Joint
i Is Use Agreement be accepted.
Dlrectorsof Uti~ lies
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EXHIBITSi I Resolution
II Amendment to Pole Use Agreement
III Joint Pole Use Agreement
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EXHIBIT li
"VENDMENT TO JuiNT USE CONTRACT
WHEREAS, the CITY OF DE.NTON, a municipal Corporation and Genaral
Telephons Company of the Southvest, a Delaware corporation, entered into
it Joint Use Contract dated July 29, 1567, providing for joint use of wood
poles in the City of Denton and
WHEREAS, Article X (A,( of said contract provides that "The rental
due from either party to the other shalt to Computed on the basis of
$2.50 per annum to be paid by the City for each joint pole owned by the
Telephone Company and $2.50 to be paid by the Telephone Company for each
joint pole oursed by ~::e City." I
NOW, THI REVRE, it is hereby mytually agreed:
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y THAT, Arts.: X (A.I of said agreement be amended to iced is
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i The rental due from either party to the other shall be computed on
the basis of $5.00 per annum, to he pa.i by the City for each joint pole
owned by the Telephone Company and a5. 0 to be paid by the Telephone
Company for each joint pole owned by the :ity.
I The above rates are to become effective with rrotals due from the
calendar year 1980, based on the number of poles on which space is
occupied or reserved on December 11, 1980, and continue in force until
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I modified by reutual agreement,
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IN WITNESS THEREOF, the Parties hereto have caused these presents
to to duly executed this the day of
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ATTEST: CI':l OF DENT04, TEXAS
j city Secretary BY r'-"-'-"'~j,ayor 1 !I
U i ATTESTi
~~JJ Approved of to Form:
seeroary F
tY t orney {
GENERAL TtLEMONE COMPANY or THE
SOUTHWEST {
BY:
4 Vice President
ng nearing
Construction i I
Approved as to form:
t orney
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{ )"MIBI T III
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MY V" .MT `i V) r%'' R% TfLEPPM I rt ?f1Y n 7-T L'Gif i•s.ST
r:fo Ly r,d L•~jsvaon tho r17: O? r nicipal
c:°;r.acn, i:o-a!ci:tor callri "CIT.", as of tti riri: )a-t, ud G:rMIL
71:17:iM eT11YI C? Tfi3 fCtf, C,.Si, a ma:ra:a co..-ora:'_ee, mi% a p emit to eo
! I'anintss i1 tho Sato of Tongs, 1.i:oinaf:or wllcd Irr"f.frQ:<3 CT•4A`4", os Par:y
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of t1:o Bocond Cor•.
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TY?n~t5, tho city rnd t1:o Tologhono 0M.,any dosirn to provldr for tho join:
V ! u» cf O'lir ro:, ica po'ca 11 cn rni t.t.ora tho join: us) will M of ru:ual
j ef-rrn:nCa fn cootir.~ thotr ro:'rico tr;utrc7oats.
t Z.1, 's.C?3 C+3,in conelc:oration o° tha rrcni:os nai tFf ttuttul covemints
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j 1; ro;n rentAnid tl:o pardon Dr;ato, for thoasilrps, :hoiz succossors rnd 4fitgA9,
f r'i fast}'/ ro,•on:tnt orti 0'f.•02 ni rollrnrs:
~ f CM)s r? rCi'F~E1T
A. 7!a rgroo-ont rha11 t•i Sn Witt in all antis Ming sosn'ed by tAo City
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c.° Zl:ftn tl.tt.i1at htlli:ias n. tho rrascat :t-a or my to ronvd hsrsaftor,
c:-,l r:-.11t n^n- n11 vMA poles of each of tLo p:rtlos rev existinj or
M :ai:or
D. Viro:s oitlror , arW' r}:ill en:or into my oCr.,2.,ez: trith my third '
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rn: y relr ••,o n:tuhten: of rap fa^.Ititics to•ey fntntl.::a polo cova :^.1 in i
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elil; een:r.c:, n mituatly ag;;cir±.o nrrnnrcton: for thorn facilities shad a
r: a 1•y rdi titf ion Lot,,, r v:tics to this contract.
In ao o:•en: shall r: y CtTY fr:ility bs ir.tallci sit'aoue the e::v-:s,
Cs:aitslst in trritCng of t'ro Cit;• of Lhntoa, Tcxnr.
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ror ::1 r1n-,094 c5 this tho filly-ring tor,-,2 shill 11x9 la y
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AOR~l41 SR1CE on n joint polo is the folloring dsscribcd spaco for the
exclusive use of each party, respectively, except that certain ar achrttnts of
ono party may, in accordanca frith ^
specifications mentioned In Article PfI, be
E located in space assigned to the other party. '
I. For the City, the upparrost ten (10) feet measured from the
top of the polo.
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2. ror the Telephone Coripany, space for forty (40) inches at a
J{ distanea below the space of the City of Dcnton to provide '
at All tines, thcminLtm clearame required by the spcciffe• L`
etions montionod in Articlo Ill.
A M MV, JOINT IVLR under this ogrecrw•nt $1,311 be a forty-five (ai) foot, I
class throe (3) kood poles as covered by the American Standards Association
specifications.
COST as applied to now roles shall moan the cost in place. As appllei
to existing poles, +YAS," shall mean the reproduction cost loss deprociat'.on.
EST LOSS as applied to pole replacements shall moan the teprodur.ton cost
less depreciation, plus the cost of removal r" us the salvage ralw of the i
polo replaced.'
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AFTICl.B II1
5pLCIFICATICn~S
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1. hfiile it is definitely undorstood that the spocifications of the
Xstional Piloctrical Safety Code Flftb Edition oust bo conformod with, a
the "Joint rote practices for Supply end Communications CirettIts" (a report
_._._.of the Joint Ca,_ .
I _ •mitte0.on.Plani Coordination of the Edison Electric Institute Jt i
)f 3,7.1 the Bell Tolophorw System, known as E. E. I. Publication NO. M12 dated
/ Octobor 1015), or revision thereof, mill be vzod as it guide in all fields E
f of oporation. x E
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Tie plates Included'in Atli do not cover all types of construction. Nsither are
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' they Intended to be used es construction drawings but only to show typical eranpements ! J
and give minimum requirements for ciearancr, strength, separation, etc, of the respective r(
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plants.
a. The Telephone Company shall have the right to use the City's neutral
power wire for grounding and bonding purposes, l
3, A copper ground wire shall be placed on all poles placed by the'ielephote
Company.ir
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ARTICLE IV I}.
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1,-S210IIING IOINT USE OF EXISTING POLLS
A. Whomever either party desires to reserve apace for its attachments on
any pole owned by the other party, either as initial space or additional space on sold f
pole, it shall make written application therefor, specifying the location of the polne
in question, the amount of spaco desired and the number and character of the circuits
b be placed therein.
Within ten (10) days after the receipt of such application, the Owner shell ni E
the Applicant in writing. Upon receipt of notice from the Owner end after the completion
of any transferring or rearranging which is then requir®r. in respect to uttachments on said f
poles, Including any necessary polo replacements, the Applicant shall have tl,e Npht as 1
tteonsae hereunder to use said space for ettachmuints and circuits of the character
specified !n said nppllcstlon in accordance with the terms of the application and of this
Agreement, J
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i B. Whenever any normal Jointly used pole, or any normal pole about to to
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so used under the provisions of this Agroommnt, is insufficient in height or eroncth for
j the existing attachments and for the prropostd Immedieto attachments thereon, the owner
j shall promptly replace escK pole, faith a now polo of the necessary height and strength, and
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j shall make such other changes In tho existing pole line in which such pole Is tncludod as
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i the conditions may then roquiro.
C. On Joint poles each party shall place, transfer and rearrange its own r
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attachments, including any tree trimming or cutting incidental thereto, place guys to
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suststn unbalanced lords due to its rquipmeat, or,d shall po form such Fork as promptly
as possible and in su'!h o manner as to offer minimum interfironne with the service of the
other party.
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PST "E Y
' ES2A3l.I5H(hQ iJjtiT li~,E OF NSW POLES
A, whenever either paY.;1 hereto requt res nsw pots facilities within the
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territory covered by this Agreemeit, either as on additional vote line, as an extension of
an exluting pole llne, or In connection with the reconstruction of an existing pole line,,
it shall promptly notify the other party to that effect In writing (verboi notice subsequently
confirmed In v riting, may be given In cases of err.ergencv) stating the proposed location l f
end character of the new poles and the character of eire!'its It proposes to use thereon. u
I ( Within ten (101 days after the rectipt of such notice, the other party shell reply in writing,
` stating vlhethar It does, or does not, dceirc space on the said poles and, It it does the t
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I character of the circuits it desires to use and the amount of space it wishes to reserve,
S. In any case where the partlea hereto shell conclude arrangements for the
joint use of any ne'•r poles to Le erected, and the party proposing to construct 0.0 iiew s i 1
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pole facili•.tts already owns rose than its proportionate shire of Joint poles, the panics
shall take into consideration the desirability of having the new pots facilities o,vned by Ph
1 the part'/ owning lees than its proportionate share of joint poles so as to work brwatds
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such a division of ownership A the joint votes that neRh+r Dsny sMt1 be obligated to
pay to tho other any rentals because of Chair reepoetiva use of Joint edits owned by the
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0. Each party shall place its own attachments on the new joint votes, lnciud. i ,
Ing any tree trimming or cutting Incldintal thereto, pieta guys to sustain unba:ancsd loads '
due to it equipment, and shall perform such work As promptly as possibla and in such e
mi:nner or to offer minimum interfeteneo with the service of the other party. I
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' )t~;j's OF WAY f~iR t. CFNSi.C'e4 Ai~AC,'SM~~ ~ {
Each party to this Agroom:nt shall be responsible for obtalM,%U its own right o!
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way for areas Where Joint pole usage Is requI;td, When rights of way are secured and t
where ;t is possible, I h a right of way docur,tent will provide right of way for both parties,
MAWLE Y e of TOLES AND ASTAPHM TS '
A. The owner shall maintain its joint poles in a safe end serviceable condition I.
and in accordance with the speclficationa mentioned in Article 111 and shalt replace, relit- ii
force or repair such of said poles as become defective. J.
a. When replacing a Jointly used pole carrying terminals of aerial cable, }
underground connections, or transformer equipment, the new pole shall be set In the same
hole where possible, which the replaced pole occupied unless special conditions make it
necessary to set It In a different location.
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O. Whenever It is necessary to replace or relocate a Jointly used pole, the
Owner shall before making the change give notice thereof in writing (except In case of
emergency, when verbal notice will be given and subsequently confirmed in writing) to
the Licensee, specifying in such notice the time of such proposed replacema,rt or relocation r
and the Licensee shall at the time to specified tra rater Its attachments to the new, or
relocated pole.
D. Each party shall maintain all of Its attachments on loir.cly used poles in ~
accordance with the speaiflections mentioned In Article M and shall keep them clear of ~v 1
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trees, in sets condition and in thorough repairi provided, howdvor, that neither f
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be required to rearrange any cable installed prior to the date of tt.ls Agreement, and'tcarried
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on the attest aide of any pole, so as to occupy the field side thereof, f
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I DTVi M OF .nC'r.a [!f
A. The cost in place of new joint poles coming Under this Agreement, either l 4
j In new polo lined, or in extensions of existing pole Sines or to replace existing poles,
j shell be borne by the parties as follows.,
I. The cost In place of normal joint pole shall be borneby the owner, ,
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2. The cost in place of a pole larger than-normal, the extra height
or class of which is due wholly to tho Owner's requirements shall bs Wene by the Owner. !
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3. in the c3sa of a pole larger than normal where the extra height or S`
strength is due either%hotlyorln part to the requirements of the Licensee (inefud!ng T`
t requirement. as to keeping Licensee's wires clear of trees), the Licensee ahe:l pay to i
the O%vner costs in excess of those borne by the Owner under 1 or 2.
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B. The net loss entailed In the replacement of existing poles with new joint
poles shall 'be borne as follows:
1. The net loss entailed In the replacement of a nonjoint pole by a
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joint pole shall be borne entirely by the licensee unless the replacement is for the sole i '
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benefit of the Owner.
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2. The net loss entailed in the replacement of joint poles shall be a
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Y~ _ _ _ ___bs?L4hLS?ie: Qw ;er unless the replacement is for the sole benefit of the Licensee in
/ which case such loss shall be borne by the Licensee. '
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0. Any payments made by the Licensee under the foregoing provisions of this
Art!cte shall not in any way affect the ownership of the 70, d poles concerned. [
D. Each party shall place, maintain, rearrange, transfer and remove its own 'i
attachments at its own expense, except as otherwise expressly provided elsewhere in
this Agreement, or where such rearrangement and transfer is requested by the other party.
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Ah,:lcu IX,i ,
{ ET RMINATION OF 1OINT USE
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---1f tha•*"or desires at any time to discontinue using any Jointly used,
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pole, it shell give the Licensee notice in writing to that effect at lesst sixty (60) days
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prior to the date on which it intends to remove Its attachments from such pole. If at the (F
expiration of said period, the Owner shall have no attachments on such pole but the L!censoe !
shall not have removed all of rte attachments therefrom, such pole shall thereupon become j
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the property of the Licensee, and the Licensee shall savd harmless the former Owner of
such polo from all obligations, liabilities, damages, costs, expenses or charges Incurred t
ehereafeer, and net arising out of anything theretofore occurring, because of, or arsetnq ~ A
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out of, the presence or condition of such polo or of any attachments thereon; and shall pay
the Corner a sum equal to the then value in place of such abandoned pole or much other
f egwiabte surn bs may be agreed upon between the parties. Credit shall be allowed for
any payments which the Licensee may have made under the provision of Article 'All
Division of Costs, when the pole was onglraVy set.
3. The Licensee may at any time discontinue the use of a joint pole by giving
due notice thereof in writing to the Owner and by re.noving therefrom any and all attachm onto
it may have thereon. The Licensee shall in such case pay to the Owner the full rental for
said pole for the than current year.
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RENTALS ,
A. The rental due from either party to the other shall be comp•ited on the "
basis of $2, SO per annum to be paid by the City for each joint polo owned by the Telephone
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Company and 32,50 to be paid by the Telephone Company for each joint pole owned by the
City.
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a. Aental payments hereunder shall cover rentals accruing during the claendar
year and shell be based on the number of poles on which space is occupied or resorved on
the 31st day of December for the year in which tn. -entals accrue, Mthia ten (10) days
following such date, each party shall submit a written otsjtnent to the other party giving the
number of poles on which space was occupied on oudh date, This may be determined by a'
Joint check made by representatives of the City and the Telephone Company, or from suitable V
records If agreeable to both parties. Renta, payments shall be mode within thirty (30) days
of the receipt of such statement,
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JjUAUUS
A. If either party shall default in any of Its obligations under this contract f
and such default continue thirty (30) days a!;at notice thereof in writing by the other party, the
party not In default may iuopond the nghts'of the party in default insofar as concerns the
granting of further Joint use, It such default shell continue for a porlod of sixt- (60) Jaye
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after rich suspension, the party not in default may forth.:Ith terminste this Agreement as
tar as concerns the further granting of joint use.
B. If either party shall make default In the performance of any work which it
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is obligated to do under this contract at Its sole expense, the other party may elect to do
such work, and the party in default shall reimburse the other party for the cost thereof,
Failure on the part of the defaulting party to make such payment within thirty (30) days
upon presentation of bills therefor, shall at the election of the other party, constitute
a default under Section A of this Article.
ARTICLE Xll i
L"ILITY ANT) CAPRAGFS
Whenever any liability is Incurred by either or both of the parties hereto for damages
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.`cr InN.-iou to the employees or for injury to the property of either party, or for Injuries to i
other persons or their property, arising out of the joint use of poles under this Agreement,
or due to the proximity of the wires and fixtures of the parties hereto attached to the jointly
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4 ` used poles coverad by this Agreement, the liability for such damages, as between the parties t,
hereto, shall be as follows. 1
A. Each party shall be liable for all damages for such injuries to persons or
property caused solely by its negligence or solely by its failure to comply at any time with
the specification horsin provided for. 4
B. Each pasty shall be liable for all hmagas for such injuries to Its own ii
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employees or its own props ty a it era caused by the concurrent negligence of both parties
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f hereto or that are due to causes which cannot be traced to the sole negligence of the
other
party.
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ARTICLE XHI
EXtSTiKA AIOHTS OF OTHER PARTI 9 j
f
If either of the parties hereto has, prior to the execution of this Agreement,
j i
conferred upon others, not patties to this Agreement, by contract or othenvise, rights or
i
privileges to uan any poles savored by this Agreement, nothing herein contalned shall be
construed as affecting such rights or pnvileges, and either party hereto shall have the right,
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by contract or otherv.ise, to contin❑e and extend such exls[jng rights or privileges; It
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being expressly understood, however, that for the purpose of this agreement, the i +
attachments of any such outside party shall be treated as attachments belonging to the
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grantor, and the rights, obligations, and liabilities hereunder of the grantor in respect
to such attachments shall bs the same a a if It were the actual owner thereof,
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&U-011 1aV
A, R G~MEtip OF_ p~gsg
Except as olharMse provided in this Agreement
neither party hereto shall assign
nor othondse dispose of the 7 Agreement or any of its rights or intorest hereunder, or in v
any of the jointly u sod poles, or the attachments #
or rights of way covered by this Agreement,
to any firm, corporation or individual, without the written consent of the other partyr $
I arovided, however, that no;hin4 herein containedt
shall prevent or limit the right of
either party to more gale any or all of Its prop ea u,
Y, right, p- lvrloges, and franchise e,
` or lee ee or transfer any of them to another corporation organized for the purpose of can ducting a business of the dame general character as that of such d
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party, or to enter into
any Merger or consolidation; and, in the case of the foreclosure of such mortgage; Orin
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call of such lease, transfer, merger, or consolidation, Its rights and obagatione here.
under shall pass to, and be acquired and assured by, the purchaser on foreclosure, the
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I transfers, lessee, aasignae, marling or consolidating company, as the ease may be;
r
and provided, further, that subject to all of the terms and conditions of r
his Agreempt,
dither party may Permit an
. Y corporenon conducting a businars of the elms general jl
character as that of such party, and owned, operated, leasod and controlled by 1:0 of
Assocla;ed or affiliated with it 1n interest, or connecting with it, the use of all or any
part of the IWO reserved hereunder on an II
Y Pole covered by this Agreement for the s
attachments used by Such party in the conduct of its s.rd buslneas; and for the purpose of c
this Agroamont, all such Attachments maintained on Any such
polo by the permission of
, 11
r_bredaid of either party hereto Shell be considered ee the attachr:nts of the party ` e
granting such permlation, and the rights, obligations and liabilities of such party under
/ this Agreement, In respect to such attachments, shall be the same es if it were the actual
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owner tnereof, )
r AR t LE XV I~'
OE-TiRttS
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The failure of either party to enforce or insist upon compllance withaoy of the
terns or conditions of this Agreement shalt no: conatttuto a general vfatvoror reltrt4uleh-
Went of any such terns Of conditions, but the same shall be and remain still ir
full force and effect,
ARTlGL--~ XVI
PAYMFNP OF TAXES
The Telephone Company shall pay all taxes and assessments lawfully levied on
i
its property but shall not be obligated to pay taxes on the property belonging to tha City,
I i is
1 BILLS AND PAYMENT FOR 1y0RX
,
Upon the completion of work performed hereunder by rl'.har party, the expense of
t 1;
t vrhlch is to be :worm wholly or in part by the other party, the party perform!
t0 the work
shall pr osent to the other party within thirty (30) days after the completion of such work
an itenlzod statement of the costs and such other party shall within thin (30) der
thirty Ye: after
such statoment Is presented pay to the party doing the work each other party's proportion t
of the cost of said work.
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SERVEC, F 1CCITIC~? ' i
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Whonsvor In this Agreemont notice Is provided to be given by either 0a
j rty berate ~Lr I
to tho other, such notice shalt be in writing and given by Iotter me tied or bypersons I I
1 "'t F
dsllve!y, to the City at its ofeico at Nriton r j
,Texas, or to the Telephone CemPeny et Its
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office at Donlon, Texas as this cafe may be.
' T~E0.PA O_ F AGpFFM~p ~ J~
Sub)oct to tho provisluns of Article Xll Defaults, herein, this a '
greement may be
f i tar,miraled, to far as concerns further granting of joint use by elther party, after the lot
j
\ day of fanusrY, 1965 upon one (1) years notice In writing to the otter srt
p y provided, that (
If not so tonatnated It shalt continue In fore* thereafter until terminated by either party =
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at any time upon one year's notice in writing to the other party as aforesaid, and provided
further that notxithstandinq such termination, this Agreement shall remain in full force and +i
' effect with respectb all pries jointly used by the parties at the time of such termination, i
1
ARTjLf4XX
Nothing contained herein shall be deemed or held to be in Ilmiee::uns, restriction
I 3
j or deroSailon of the rights privileges, benefits and i-amunltles held by the Tele, hone
IE Company under that certain ordinance of the City approved on the 3rd day of October, 1949,
f
I entitled:
'An Ordinance whereby the City of Denton, Texas, and the Texas Telephone
l Company shall continue to erect and maintain its poles, wires, anchors, cables,
manholos, conduits, and other plant construction and appurtenances along, across,
on, over, through, above and under ail public streets, avenues, alleys, public
grounds, and place in said city, and granting the nght and franchise to do so,
under regulations and restrictions and that the City shall receive an annual pay-
ment, to be in lieu of certain other payments and the right to use certain ficilities
of the Telephone Company, all as herein provided'."
j In the event o. any conflict between the provisions of such ord,mria and the
provisions of this Agreement, it is expressly understood that the provisions of such
ordin- ance of the 3rd day of October, 1949, shall control over and be paramount to the provisions
of this Agreement.
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IN WITNESS WHEREOF, the City of Denton, Texas, Party of the First Part, has
caused these presents to be signed by its Mayor, and its corporate seal to be affixed and
attested by its representative officer dulyauthorls .t a6 of the 2-1r- of
and this agreement is effective as of the ist day of lenuary, 1966,
CITY OF DENTY OF TE) f
BY1
M~ Mayor
`Ji}TESii ADDrov 2tor, rm1
City Secretary f City Attorney
ATTESTi GENERAL TEL H014E CO PANY
Or TH VTHW
presider
.
sorsta ry
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CI'T'Y OF DENTON
MEMORANDUM
JANUARY 8, 1980
Agenda Item:
Consider the appointment of three City Council positions to the Land-
Use Planning Committee.
Summary:
Over the last month the Land-Use Planning Committee has been in the
organizational process. On December 21, 1979 letters went out to
established agencies to name their representative. These groups
were:
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County Commissioners School District Board
Chamber of Commerce League of Women Voters
Park Board' Utility Board
Housing Authority Board N. T. S. U. Students
T. W. U. Students N. T. S. U, Administration
T. W. U. Administration Industrial Rerjresentatives ~
In addition on December 17, the at large category of Developer Interest
and the at large category for City Restdents were selected. The work of I
the Committee is to begin in late January or early February, and then
will be followed by two workshops in February, two in March, and then
will finalize the Committee work in April or May with the final two or
more workshops,
• Action Recommended:
Appointment of three City Council Members to serve on the Land-Use
Planning Committee. To keep on the current schedule, appointment
'
needs to be made by January 21, 1980.
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Northwest
B. Dwain Vance (Professor of Biology)
2124 Glen Garden
Denton, Texas 76201
387-3271
788-20U (Office)
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W~
Lloyd Sanbarn (Administration Social Work)
2015 Jacqueline
Denton, Texas 76201
566-3784
r' 383-3531 (Office)
West
s Will Wagers (Systems Analyst)
1712 Broadway
Denton, Texas 76201
382-0280
566-14U (Office)
Jim Blanton
1319 Scripture
Denton, Texas 76201
387-4353 +
Mark Roden
710 Gober
Denton, Texan 76201
566-2858
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South
August Brown (Consultant)
P. 0. Box 264
Denton, Texas 78201 i
566-6255
George Olufsen (Retired)
2901 Santa Monica Drive
1 Denton, Texas 76201
387-5039 i
Richard E. Johnston (N, T, S. U. Professor)
712 Ridgeerest Circle
Denton, Texas 76201
387-7369
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"Al
-2-
East
Mike Cochran
1124 Austin Street
Denton, Texas 76201
387-0995
Bonita Minor (Legal Secretary)
305 Loop 288, N. 4
Denton, Texas 76201
382-4107
Rev. M- R. Chew, Jr. (pastor)
107 S. Wood Street
Denton, Texas 76201
387-4794
Northeast
Roy LeMaster (plant Engineer)
2200 Ascot
Denton, Texas 76201
382-1159
Carol Wheeler-Liston (Teacher Child Dev, & Graduals Studer!) I
2210 N. Locust
Denton, Texas 76201 E
387-8643
'Floyd D. McDaniel (N. T. S. U. Professor) I
1 2315 Royal Acres
Denton, Texas 76201 l a
382-5175
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Southwest
E Oracle Tunnell (Graduated Student)
I 1423 Knight }
i Denton, Texas 76201
382-2745
Brian Dubin
501 Londonderry lane #8 I j
Denton, Texas 76201
666-6080
367.3831 (ask for Security Department)
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REPRESENTATIVES SELECTED
I't
s AT DECEMBER 17, 1979 MEETING
Developer Interest
h Harry Down (Builder - Developer)
1204 University Drive West i
'i Denton, Texas 76201 I
382-3655 i
Ron C., Rylander (Developer)
300 West 7th
Ft. Worth, Texas
` (817) 336-9766
Tom Fouts (Realtor - Developor)
1900 Marshall
Denton, Texas 76201
387-7223
Bob Crouch (Realtor)
801 N. Locust
Denton, Texas 78201
382.6707
E
Alvin Whaley (Homebuilder)
2129 Pembroke
Denton, Texas 76201
387-8443 E
Jesse Coffey (Developer)
Rt. 1, Box 240
Sanger, Texas 76260
r 458-3424
Charles Hopkins (Builder)
1421 N. Elm
Denton, Texas 76201
668-3931
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