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CATY POLE LEASE AGREEMENT
BETWEEN
CITY OF DENTON. TEXAS
AND
GOLDEN TRIANGLE COMMUNICATIONS
06
CATV Pole Lease Agreement
Index
page
Application for Permission to Attach, Article III 3
Cost of Pole Replacements, Article VI ld
Definitions, A.rticl.e I 2
Existing Cuntracts, Article XIV 19
General, Article XII 17
Indemnity and Insurance, Article X 14
Installation and Maintenance of Attachments and Poles, Article V 6
Notice, Article XV 19
Payment of dills, Article XIII 3
Protection Against Claims for Libel and Slander, Copyright and
Patent :.fringement, Article XI 17 '
Rentals, Article VIII 12
Rights-of-way, Legal Authority and Default, Article VII 11
Scope of Agreement, Article II 2
Specifications, Article IV 5
Term and Termination of Agreement, Article IX 13
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CATY POLE LEASE AGREEMENT
THIS AGREEMENT made as of the J% day of May, 1919, beineen the City
hereinafter called
of Denton, Texas, a Home Rule Municipal Corporation,
Licensor, and Golden Triangle Communications, a partnership of the State of
Texas, having its principal office at Atlanta, Georgia, hereinafter called
Licensee,
W17NESSETH:
WHEREAS, Licensee proposes to furnish a CATY service (as hereinafter
defined) to residents of Denton, Texas, intends to erect and maintain an
antenna tower(s) located at Denton, Texas and proposes to install coaxial
television cables, amplifiers and drop wires, wires and appliances together
with associated cable messengers, anchors and other appurtenances (herein-
after sometimes collectively called "equipment") throughout the area to be
served and desires to attach such equipment to poles of Licensor and/or to
poles used jointly by Licensor and other companies; and
WHEREAS, Licensor is willing to permit, to the extent it ray lawfully
do so, the attachment of said equipment to its poles where, in its judgment,
such use will not interfere with its own service requirements or, as it may
be advised, the service requirements of other joint users, including conside-
rations of economy and safety.
s
,
.
NOW, THEREFORE, in consideration of the mutual covenants, tees sad
conditions herein contained, the parties hereto do mutually covenant and agree
as -follows:
ARTICLE I
UEFIIiITIONS
1• All references herein to "Licensor's poles" or "its poles" shall
mean poles solely owned by the Licensor, jointly owned by :A censor or the pole
space rented or obtained by other arrangements by Licensor from another owner.
2. All references herein to "Joint user" shall mean (1) a company or
municipality which together with Licensor has a percentage ovuership in s pole,
(2) a public utility compeay or municipality which has attachment privileges on
Licensor's poles, or (3) a public utility coarpany which owns poles on which
Licensor has attachment privileges. '
3• All references herein to "CATV service" rhall mean the trans-
mission to subscribers of off-the-air pickup of broadcast signals or the
traasm stion witnuut ssparate charge of locally originated closed circuit
television to the subscribers of off-the-air service.
ARTICLE II
$COFB_ OFD EMNT
1. Licensor hereby agrees t•) license and permit Licensee to attach
its equipment, for the primary purpose of furnishing CATV service within the
area outlined in red on the map attached hereto as Exhibit A, to such of its
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poles as are, in the judgment of the Licensor, suitable tad available for sucL
attachments, subject to the conditions and limitations contained herein.
2. Liceasee agrees that its equipment to be attached to Licensor's
poles shall be installed for the purpose of providing CATV service and shall be
used primarily for furnishing "TV service. Any residual channel capacity,
however, may be used by Licensee for any lawful purpose.
3. Licensee agrees to secure from the proper franchising authority,
a franchise to erect and maintain its equipment within public etreets, highways
and other thoroughfares provided such franchising authority exists, and shall
secure any and all consents, permits or licenses that may be legally required
for its operations hereunder. Prior to the execution o:C the Agreement, Licensee
shall deliver to Licensor documentation satisfactory to Licensor evidencing
that all such franchises, consents, permits or licenses have been obtained.
4. Licensee agrees to assist in, and bear the expense of., securing
any consents, permits or licenses that may be required by Licensor by reason of
this Agreement.
ARTICLE, III
APPLICATION FOR PERMISSION TO ATTACH
1. At least thirty (30) days prior to the time Licensee desires to
attach its equipment to any of Licensor's poles, it shall make written appli-
cation on the form marked Exhibit B attached hereto and made a part hereof, iu
the number of copies from time to time prescribed by Licensor. Upon approval of
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_.rsaid application, Licensor shall return one copy of Exhibit B to the Licensee
bearing the enoursement of its peruission.
2. Upon receiving such endorsed copy of bail application, but not
sooner, Licensee shill have the right, subject to Article 1V herein, to install,
maintain and use its equipment described in said application upon the poles
` identified therein, provided that Licensee shall complete -:ach installation
withic one (1) year froEe date of said approved application; provided, however,
that bmfore commencing any such installation, Licensee shall n,)tify Licensor of
the time when i.t proposes to do such work and that w,lthin thirty (30) days of
completion of such work, Licensee shall notify Licensor and, in the event
Licensor elects to have its representative present, Lik.l.ensee shall reimburse!
Licensor for the cost and expense thereof.
3. Where costs are involved. In they rearrangemont of Licensor' s or
other iacilities to accommodate Licensee's equipment, two signed copiia of said
application shall be returned to Licensee detailing tb.e costs in the space
provided thereon for that purpose. Approval of said application by Licensor is
subject to receiving authorization from Licensor, oo said application in the
space provided thereon for that purpose, to make changes and rearrangements, at 7
Licensee's sole risk and expense, detailed by Licensor with said copies of said
application.
4. Licensee Shall not have the right to place, nor shall it place,
say additional equipmeat upon any pole u&ed by it. hereunder without first making
application therefor and receiving Licer+.sor's permission to do so, all as
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prescribed in paragraph 1 of this Article; nor shall Licensee change the
position of any equipment at'ached to any such pole without Licensor's prior
written approval. The provivions of tiAe. Article shall not restrict the
attachment of television i1rops to televi-3ion crossarms or television cable
messenger. It is agreed tha: a charge equal to one and one half (1-1/2) times
the pole rental amount, as specified in Article VIII, per attachment shall be
levied against end paid by Licensee to Licensor for any unauthorized attachment
made by Licensee to Licensor''s poles or facilities. This charge will be in
addition to rental charger from the time-of said unauthorized attachment,
rearrangement costs, or other appropriate charges. In the event that the time
of t'ae unauthorized attachment cannot be determined, it shall be deemed to have
occurred on the date wicceeding the Ooy on which the last joint survey was made
in accordance with Paragraph 1 of Article V.
S. It is agreed and understood that its the ease of jointly-ubed
poles, permission to attach thereto shall be subject to Licensor's obtaining
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approval from such joint users and/or osmers wbtnever necessary.
M(TICL£ IV
SPECIFICATIONS
1. Licensee, at Its otim cost and expense, shall construct, maintain
and replace i`s attachments on Licensor's'poles in accordance with (i) such
requirements and specifications as Licensor shall from time to time prescribe,
(ii) in compliance with .any rules or orders now :n effect or that hereafter may
be issued by any regulatory Commission cr other authority having jurisuiction,
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and (iii) the requirements and specifications of the National Electrical Safety
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Code, 1477 Edition, and any amendments or revisions of said specifications or
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code. In addition, all attachments shall be made by Licensee in accordance with
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this Agreement and Exhibits 1-10 attached hereto and made a part hereof.
Licensee agrees to comply, at its sole risk and expense, with the specifications
of all Sxhibits attached hereto, as revised from time to time by Licensor in
accordance with the provisions of this Article IV.
ARTICLE V
INSTALLATION AND MAINTENANCE OF ATTACRMENTS AND POLES
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1. The exact location of Licensee's attachments. on voles shall be
determined from a joint survey to be made, at such times as shall he mutually j
agreed upon, by representatives of Licensor, Licensee and, if desired by a joint
user. Licensor may inspect each new installation of Licensee on its poles and
in the vicinity of its lines or appliances and may make patiodic inspections of
the entire plant of Licensee as plant conditions may warrant; and Licensee
shall, on demand, reimburse Licensor for the cost of such surveys and i
inspections. Such inspections shall not operate to relieve Licensee of say
responsibility, obligation or liabilit►assumed undor this Agreemeat.
2. Where Licensee's attachments can be accosmodated on poles of
Licensor by rearranging or changing the facilities of Licensor or other joint
users, Licensee agrees to pay Licensor in advance the cost of making such
rearrangements or changes. Strengthening of poles (guying) required to accom•
a,odate the attachments of Licensee and the bonding of Licensee's strand to that
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of Licensor sh.al?, be performed by Licensee at its sole risk and expense. Such
work, however, may be performed by Licensor at its option, and in such event
Licensee shall pay to Licensor in advance the cost of all such work.
3. Upon,written notice from Licensor, Licensee shall relocate or
replace its equipment attached to Licvasor's poles, or transfer the same to
substituted poles, or perform any other work in connection wit[ said equipment
that may be requested by Licensor, at Licensee's sole risk and expense;
provided, however, thst in cases of emergency Licensor may, at Licensee's sole
risk and expense, arrange to relocate or replace the facilities attached to said
pules by Licensee, transfer thew to substituted poles or perform any other work
in connection with said facilities that may be required in the maintenance, re-
placement, removal or relocation of said pules, the facilities thereon or the
equipment which may be placed thereon, or for the service needs of Licensor.
4. Licensee shall notify Licensor in advanced of the time wben it
proposes to replace any of its equipment' attached to Licensor's poles.
5. All tree trimming required c+r, account of Licensee's equipment
shall be done by Licensee at its sole risk and expense and in a manner satis-
factory to Licensor and any other joirt users,
6. Licensee shall, at its sole risk and expense, maintain all of its
attachments on Licensoe's poles in safe condition and in thorough repair.
7. Licensor reserves to itself, its successors and assigns the
right to maintain its poles and to operate its facilities thereon in such manner
as will beat enable it to fulfill its public service requirements. Licensor or
other joint users shall not be liable to Licensee for any interruption to tha
service of Licensee or for interference with the operation of the equipment of
Licensee, unless the service interruption was created solely by acts
Licensor.
8. Nothing herein contained shall give to the Licensee the right to
place a crossarm on any pole. ;f a crossarm is required to accommodate. the
'facilities of the Licensee, then Licensee shall so state the :reasons then'fore
in its application for attachment.
9. Licensee shall not at any time make any additions ts, or changes
in, the location of its sttathments on the poles covered ty this Agreement
without the prior writtei. consent of Licensor except, in cases of emergency, r
when oral permission shall have been obtitined from Licensor's authorized
representative at Denton, Texas
and subsequently confirmed in writing.
10. If Licensee should require the location of its equipment upon any
public thoroughfare or other public or private property in the conduct of its
business in the territory covered by this Agreement and Licensor shall not have jl
pole facilities so located to fulfill Lirrnsee's requirements, Licensee shall so
notify Liceasor, and the parties shall thereupon determine who shall place such
pole facilities in such location. The pole facilities shall be erected in such
locations adequate to meet the service requirements of both Licensee and
Licensor, and if placed by the Licensor, the Licensee shall thereupon make
application for permission to place its equipment thereon as provided in this
Agreement. If the pole facilities are placed by Licensee, attachment privileges
shall be made available to Licensor at a rental not to exceed the rental being
cb,%r,ed Licensee hereunder.
11. Nothing in this Agreement shall be construed to obligate
Lia asor to grant Licensee permission to use any particular pole and Licensor at
its discretion may revoke permissions theretofore granted to Licensee with
respect to any particular pole. If such permission is refused, Licensee is free
to mrde any other arrangement not prohibited under the terms of this Agreement,
it-may wish to provide for its equipment at the location in question.
12. Whenever, pursuant to the provisions of this Agreement, Licensee
shall be required Lo remove its attachments from any pole, such removal shall be
made, except as otherwise specifically provided, within thirty (30) days
following the giving of notice to Licensee by Licensor to so remove. Upon
failure of Licensee to remove such attachments within such thirty (30 days or,
as otherwise required, Licensor: may remove them and charge all costs associated
with such removal to Licensee.
13. Licensee agrees that it shall not interset poles where
Licensor's facilities are located nor shall it locate poles, guys, uc other -
facilities where in either case they w±.ll interfere with access to Licensor's
poles or violate any provision of the National Electric Safety Code.
"g.
ARTICLE VI
COST OF P CU REPLACEWMS
1, Whenever Licensee applies for permission. to attach to a pole that
is considered by Licensor to be insufficient in height or strength for
occommodation of Licansee's attachments, or in the event that Licensor or a
yo Lit usftr of the pole shall require the space occupied b°f Ztcensee's existing
attachments, Licensor shall notify Licensee of suLh fact and o~ the estimated
cost to Licensee of replacing such pole with a pole which will accommodate the
attachments of Lice:+sr.e, Licensor and any such joint user. Within thirty (30)
days of gush notification, Licensee shall either notify Licensor (i) of its
approval oe such replat~ement or (ii) of its cancellation of the applicatioa with
respect to such pole or (iii) in the case of existing attochiaeats, of its
election to remove its attachments from the pole.
2. In the event of Licensee's approval of such replacement,
Licensor shall replace the pole and Licensee shall pay to Licensor in advance
the charges therefore computed as follows:
The total cost of the new pole, the removal of the old pole, the
transferring of Licensor's and any such joint user's attachments from the old tip
the new pole and such other costs, if any, necessitated by Licensee's
requirements, less the total of the following: accrued depreciation on the old
pole, salvage, if any, and the cost of such portion of the new pole, if any,
which Tepresents space reserved for the use of Licensor or any such joint user
greater than that provided for them on the old pole, less appropriate
contribution by any other licensee, if any.
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ARTICLE VII
RIGHTS-OF-WAY, LEGAL AUTHORITY AND DEMUT
1. Upon execution of this Agreement, Licensee shall submit evidence
satisfactory to licensor of its authority to erect and maintain its equipment
within public streets, highways and other thoroughfares and shall secure any
necessary license, permit or consent from Federal, state or municipal
authorities and from the owneres of property now or hereafter required to
construct and maintain such equipment at the locations of poles of Licensor to
which it desires to attach. In the event any such franchise, license, permit or
consent is revoked or is thereafter denied to Licensee for any reason,
permission to attach to licensor's poles ,ball immediately terminate, Licensee
shall within reasonable time remove its equipment from Licensor's poles and
Licensor at its option may forthwith terminate this Agreement.
.
2.. Upon notice from Licensor to Lice-asee that the cessation of the
use of any pale or poles has been requested or directed by Federal,,state or
municipal authoritiec•, or property owners, permission to attach to such pole.cr
poles shall immediately terminate and Licensee shall forthwith remove its
equipment therefrom.
3. If Licensee :ihall fail to comply with any of the provisions of
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this Agreement, including the specifications hereinbefote referred to, or
defaults in any of its obligations under this Agreement, aLd shall fail within
thirty (30) days after written notice: from Licensor to correct such default or-
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noncompliance, Licensor may, at its option forthwith terminate this
Agreement in its entirety or, at its election, revoke the permit
covering the pole or poles involved in such default or noncompliance,
or at Licensor's option, obtain service of an attorney to institute
suit or other judicial proceeding to remedy and default by Licensee
in its performance of the covenants, terms and condlticons of this
Agreement and Licensee expressly agrees that the defeated party shall
pay reasonable attorney's fees and expenses of such legal counsel.
ARTICLE VIII
RENTALS
1. For the privilege of placing and maintaining attachments on
Licensor's poles, Licensee shall pay an annual rental rate of five
dollars ($5.00) per contract.
2. Rentals shall be payable annually in advance to the Licensor
on the first day of Ja:uary each year during which this Agreement re-
mairss in effect.
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3. At anytime after two (2) years from the date of this Agreement
and at intervals of not less than two (2) years thereafter, the rentals
shall be subject to adjustment by Licensor upon written notice.
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4, Rental payment shall be made within sixty (60) days of the
receipt of statement, Any late payment shall bear an interest rate of
ten percent (10%) per annum.
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5. The Licensee and Licensor shall together maintain a perpetual
inventory of total Licensee contacts through the use of Exhibit B, "Appli-
cation of Permit," and Exhtbit C, "Notice of Removal," and all, future
rental fees shall be based on such perpetual inventory. the Licensor may
at its option use a physical inventory in lieu of perpetual inventory.
The cost of such physical inventory shall be shared proportionally among
the participating companies.
6. In the event Licensee makes an attachment to the Licensor's
pole at anytima after commencement of this Agreement and falls to comply
to Article III, Paragraph 1 hereof, then Article III, Paragraph 4, shall apply.
1. In the even: that. Licensor files a tariff with the appropriate
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regulatory authority during the Virm of this Agreement covering attachments
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made to its poles, Licensor reserves the right to substitute the rates and
charges covered by such tariff in place of the rentals set forth in this
Article.
8. The Licensee shall reimburse the Licensor in advance for all
net capital costs incurrei, by Licensor as a result of replacing poles and
equipment as required by Licensee for the initial installation of Licensee's
attachments. Licensor shall ct-edit such advance reimbursement by 'icensee
to initial and subsequent rental lease fees. Licensor shall notify Licensee
of the estimated net costs of such replacements on the application forms.
Licensee shall make payments of such estimated costs and final adjustments
in nnymnnta or credits shall be made at the completion of the work and shall
be based on actual costs incurred.
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ARTICLE IX
TERM AND TERMINATION_ OF AGREEMENT
1. This Agteewi-nt, if not previously terminated in accordance
with the provisions hare,rf, shall continue in effect for a term of five
(5) years aad thereafter until tenainated as provided herein. The Agree-
ment may be terminated at the end of said time or at any time thereafter
by either party giving to the other party at least ninety (90) days written
notice. Upon termination of the Agreement in accordance with any of its
term,i, Licensee shall remove its said equipment from all pales of Liceneor
within thirty (30) days thereafter.
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2. Licensee may at any time remove its equipment attached to any
pole or poles of Licensor,, but shall immediately give Licensor written notice of
such removal in the form of Exhibit C attached hereto and nade a part hereof.
No credit or refund of any rental shall be allowed Liceusee on account of such
removal.
3. This Agreement shall be subject to termination by Licensor
without notice, or, wbere circumstances permit, upon five (5', days' written
ntitiee to Licensee, upon objection being made by or on behalf of any
govarnmencal authority asserting proper jurisdiction thereo-i.
ARTICLE X
INDEHNITY AND INSURANCE
1. ' Licensee shall indemnify, protect. and h4ld.U rnleps Licensor and
other joint users of said poles from and against' iay° ;bud all loss, casts,
claims, demands', damage and/or expense arising out of any demand, claim, suit or
judgment for damages to property and injury to or death of persons, including
the officers, agents and employees of either pnrty hereto and other joint user?;
of said poles, including payment made under any Workmen's C*mpensatioa Law and
under any plan for employees' disability and death benefits, which may arise out
of or be caused by the erection, maintenance., presence, use or removal of said
equipment or by the proximity of the respective cablet+, wires, apparatus s,id
appliances of the parties hereto or other joint users of said poles, or arising
out of any act or emission or alleged act or omission of License!, including iny°
claims and demands of customers of Licensee.
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2. Licensee shall carry insurance, at its sole cost and expen;e, to
protect the parties hereto and other joint users of said poles from and
against any and all such claims and demands and from and against any and
all actions, judgments, costs, expenses and liabilities of :very name and
I
nature which may arise or result, directly or indirectly, from or by rea-
son of the acts or omissions of Licensee hereunder and irrespective of any
fault, failure, negligence or alleged negligence on the part of Licensor
or of any other Joint user of said poles. The amounts of such insurance
are set out in Section 27-58 of Ordinance No. 78-21 of the City of Denton
ordinances, and the Licensee will comply with the provisions of that section.
Licensee shall promptly advise an authorized representative of Licensor of
all claims relating to damage to property or injury to or death of per,;ons,
I
arising or alleged to have arisen in any manner by, or directly or indirectly
associated with, the erection, maintenance, presence, use or removal of
Licensee's equipment.
2. Licensee has furnished $10,000 in security as required by Section
27-43 of Ordinance No. 78-21 (Cable Television Franchise Ordinance) and such
sum shall also guarantee the pr:rfo rnrance of all the covenants, terms and
conditions of this agreement.
3. Licensee shall exerci-se special precautions to avoid damage to
facilities of Licensor and of other joint users on said poles and hereby
assumes all responsibility for any and all loss for such damage. Licensee
shall make an imre diate report to Licensor of the ocrurrerce of any such
damage and hereby agrees to rvaimburse Licensor for the expense incurred it
making ri!pairs necessitated thereby.
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ARTICLE XI
I'RO ECTION AGAINST CLAIMS FOR LIBEL AND
SLANDER,-COPYRIGHT AND PATOT INf.'RIN=el&XT
1. Licensee shall indemnify, protect , S hold harmless Licensor
from and against any and all claims for libel and slander, copyright and/or
patent infringement arising by reason of attachment by Licensee of its equipment
to Licensor's polls pursvaat to this Agreement.
ARTICIXII
• GENERAL
1: Licensee shall not assign, transfer or sublet this Agreement,, or
any of the privileges hereby granted to it, without the prior writtetj consent of
Licensor. Provided, however, that Licensoe's convent shall not be required to
place mortgage or lien upon the facilities of Licensee for the purpose of
financing the installation; improvement, maintenance or extension of its
Rystem.
2. No use, however extended, of Licensor's poles under this Agree-
ment shall create or vest in Licensee any ownership or property right in said
poles, but Licensee's rights therein shall be and remain a mere license.•
Nothing herein contained shall be construed to compel Licensor to maintain alq
of its poles for a period longer than that demanded by its own service regtiire-
meats.
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3. Nothing herein contained shall be construed as affecting the
rights or privileges previously conferred by Licensor to others, by contract or
otherwise, to use any poles covered by this Agreement, and Licensor shall have
the right to continue to extei:d such rights or privileges; the attachment
privileges granted hereunder shall at all times be subject to such contracts and
41%crangemeats and nothing contained herein shall be construed as affecting the
right of Licensor to grant attachment privileges to such other parties as it m-ly
desire to do so.
insist upon compliance with any of the
4. kailure to enforce or terms or conditions of this Agreement shall not constitute a general waiver or
relinquishment of any such terms or conditions, but the same shall be and remain
at all times in full force and effoct.
5. vubject. to the provisions of paragraph 1.61 this Article, this
Agreement shall extend to and bind the successors and assigns o? the parties
hereto.
6. Nothing contained herein shall be construed as affecting the
rights conferred or exercise' by the parties under present or future
governmental authority o regulation.
ARTI CLF, I,I I
PAYMM OF BILLS
1. All, amounts payable by License to Licensor under the provisions .
of this Agreement shall, unless otherwise specified, be payable Within thirty
(30) days after presentation of bills therefor. Nonpayment of any such amounts
when due shall constitute a default under this Agreement.
W *am
ARTICLE XIV
EXISTING CONTRACTS
1. All existing Agreements between the parties hereto for the joint
use of facilities aie by mutual consent hereby abrogated and superseded
by this Agreement.
Nothing in the foregoing shall preclude the parties to this
Agreement from preparing such supplemental operating routines or working
practices as they mutually agree to be necessary or desirable to effectively
administer tip: provisions of this Agreement.
ARTICLE XV
NOTICE
1. Any notice provided in this Agreement to be given by either party
hereto to the other shall be deemed to have been duly given when made in
wirting and deposited in the United States Mail, postage prepaid, addressed
as follows:
TO LICENSEE:
Golden Triangle Communications
53 Perimeter Center East
Suite 300
Atlanta, Georgia 30346
TO LICENSOR:
City of Deiton
215 East K.Kinney
Df.nton, Texas 76201
Attn: Director of Utilities
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IN WITNESS WHEREOF, the pa~~ies hereto have caused this Agreement to
be duly executed as of the day and year first above written.
CITY OF DENTON, TEXAS, LICENSOR
BY -
ATTEST:
T VSE RET Y
GOLDEN TRIANGLE COMMUNICATIONS, LICENSEE
VICE NCS IIDVN -
G~yc Cp rk.e O~ Tic Rs , T.Ke .
ATTEST:
]~i~_ It 1~. t.l,.~..,:~►:
r4SST. S~ t:
Cox CAALde- of 1 r-WAS~ rXr-
~Pataxe~.~
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Exhibit B
APPLICATION AND PERMIT No.
City of Denton, Texas
215 East McKinney
Denton, Texas 76201
In accordance with the terms of the Agreement dated the day of
1979, covering use of poles in and near ,
we hereby request permission to' place4maintain
certain equ pment upon certain poles, all as more particularly described
and delineated on the sketch and diagram attached hereto and made a part
hereof.
Sketch and Diagram
(Include data as to pole locations, pole numbers and kind and
position of equipment sufficient to describe the equipment
and its proposed location on each pole.)
Dated:
By:
Permission is hereby granted to place the described equipment on the
identified poles, all as set forth in the sleet,-h and diagram attached hereto,
subJect to the terms and conditions of the above-mentioned Agreement and sub-
Ject to receiving authorization to make, at your sole risk and expense, the
changes and rearrangements detailed on the attached sheet estimated to cost
$ Installation of said equipment on said pole(s) shall be com-
p e e w in one year from the date hereof, failing which the permission
hereby granted shall automatically be revoked.
Dated: , 19CITY OF DENTON, TEXAS
*If none, so indicate. BY:
FOR CITY OF DENTON USE ONLY
Effective Date
Total Contracts No. Pla.ed By New
To Date _ This Notice Total Contracts
No. of Cable Attachments
You are hereby authorized to make the above-mentioned changes and re-
arrangements at your sole risk and expense,
Dated
BY:-
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Exhibit C
NOTICE OF REMOVAL OF E UIPNUT No. _
City of Denton
215 East McKinney
Denton, Texas 76201
In accordance with the terms of the Agreement dated the day of
1979, covering use of poles in and near
you are hereby notified that on
we remove certain equipment attached to certain of your po~"es` all as more
particularly described and delineated on tie sketch and diagram appearing below
and/or attached hereto and made a part hereof.
Dated: _ 19-.
BY:
P.emoval verified, , 19____.
BY:
FOR CITY OF DENTON USE ONLY
Effective Date
Total Contracts No. Removed By Total Contracts
To Date This Notice Remaining _
No. of Viable Attachments
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A
ATTACHMENTS Of TV DISTRIBUTION SYSTEM TO POLES
NO AMPLIFIER-N0 METER
8700 Yo1ts
.C'
PrImarlesO Between Wires
Power tpo
wer Secondaries
Hot Less Than 40.In.
T.Y. Service Drop
T.Y. table
k '
k
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{
Prefernbly 24 In. I
Not Less Than 12 in. k Bond Strands At First And Last
I We And At Every Tenth Pole
i
Telephone Cable
EXHIBIT N0.
ATTACHME~JS OF TV DISTRIBUTION SYSTEM YO POLES
TV CABLE AND kMPLIFIER
~ Q
ss:r
-Power Seeondarlos
T.Y Power Faed
To "ter "
And Amplifier
Not Less Then 40 In.
T.Y. Arnpl If Ior Hay Be
}bunted Above Or Below
Not Less Than 40 In,. Level Of T.Y. Cable. Metal
Caso Bonded To T.Y. Strand
T.Y. Service Drops, Ceta e
Bond At First And Last Pole
Preferably 24 In. And At Every Tenth Pole
Not Leas Than 12 In.
,-Telephone Cable
Meter-Metal Case Orounded
0
~r
B Ft. Above Ground Love)
F EXHIBIT NO► 2
OWN
ATTACHMENT'S OF TV DISTRIBUTION SYSTEM TO POLES
TV CABLE MOUNTED 011 POLE
TV AMPLIFIER MOUNTED ON CROSSAW
ELECTRIC LIGHT BRACKET ON POLE
0-8700 Volta
Between Mires
` •-----Power Secondaries
Hot
Less
Than
48 1r.
C• " If
Arm T.Y. Prmer Feed To T.Y.
E•~- -Amplifier Haunted On
Not Less Than w0 In. Field Quadrant Of Pole
At Least 20 In.
At Least 12 In. -T.V. Amplifier With
metal case Bonded
• To T.Y. Strand
At Least 30 In. T.Y. rosearm
T.V. Service DruP _ 7'}n, minimum
T.V. Service Drop
Preferably 24 In. ,
Not Laos Than 12 1n. T.Y. Cable On 6M Strand
Bond Strands At First And Last ~Te}ephone Cable
P_1e And At Every Tenth Pole
EXHIBIT,HO 3
pan W1
' ATTACHMENTS OF TV DISTRIBUTION SYSTEM TO POLES
TELEPHONE POLE CARRYING OPEN WIRE 0R CABLE 04 BOTH
T,Y, Cable Amplifier And •r
Drop Mires With Power " " r - -
Lead For T.Y. Amplifier _ power Lead
For T.Y,
Amplifier MT
Not Less Than 40 In.
2 In. Min. f`
Telephone i Crossarm'-, i
No Required Minimum Separation,
If Separation Is Uss Than 40
inches, however, Climbing Space
To Reath Mires At Nigher Level
Must Be provided.--
T,Y. Drop Wires 4I v Be
Above Or Below T.Y. Cable
r n• r r w r- -
r T.Y. Cable
T.Y. A'Mplitier May Be
Preferably 24 In, , Above Or Below T.Y. Ca.
Not Leas Than i2 In. i 'Metal Case Bonded To
~i T.Y. Strand.
r
s s «
Telephone Cabe
Bond Strands At First And
Last Pole And At Every
Tenth Pole
r
EXHIBIT N0, 4
1
ATTACHMENTS OF TV DISTRIBUTION SYSTEM TO POLES
irELEPHORE POLE CARRYING OPEN HIRE OR CABLf OR BOTH
TV CABLE, BUT HO TY AMPLIFIER
9j
No Roquired MInlmuu
Telephone ;rossarm Separation, If Separation
L In.,
Carries More NThaner~
And
one Telephone Crossarm,
climbing Spaco To Reach
Telephone Wires Faust Be
Provided.
1 1 T .V, Cable .
1
1
• 1'
Preferably 24 18 • 1 Bond A,t First And Last Pole
Not Less Than 12 1n. And ht Every Tenth Pole
i
i
1
Talephm Cable
EXhIBIT K, 5
' s►werl'ri'd~d1J>~'~IA~
CLIMBING SPACE: ON JOINTLY USED POLES
[.Y. Cable
\ 4\GSs
. 11\ O S4~a~~ ~boVa
\ 3 se aO Ae1aA
I,r ~0 \n• 1a T.q. Service Drop
Cab I
1 .
1
1
r
I '
'EXHIBIT M0. b
'1r1►~1~'
CLEARANCES FOR TV CABLE GUYS
CROSSING ABOVE OR BELOW OTHER WIRES
k
Other Wire
Or Conductor Telephone
T.Y. 1 Cable Or wire
Ttraln
l nsu l ators
If Required 8 Ft,
Minimum
Guys Crossing Above Or Below Other
Wires Must Have Vertical Clearances
^A" Base On 5th Ed, Of' HoE,S.C,
Guys A%- Point "C" Must Clear Telephone
Cable Or Wires 3 Inches Minimum
tXHIBIT M0, It
CLEARANCE FOR TV CABLES CROSSING OTHER MIRES
E.L•. Mire Clearance Above Or Below
T.Y, Cable In This Space Must Have
Increased Clearance
g Line Of Sight !!!l!!
\ T.Y. Cable
Preferably 24 In. Telephone Cable
Not Less Than Than 12 In.
Mires Crossing Above Or Below T.Y.
Cable Mint Have Vertical Clearances
"A" During Construction And "B"
After Construction, Based On 5th Ed.
Of N.EIS.C.
EXHIBIT NO. 8
CLEARANCE. FOR TV CABLES PARALLELING OTHER WIRES
E.U. Supply Wires On Crossarms Or
Brackets Of H.G,H, Wire
T.V. Cable
42 In. Minimum When Constructed And
30 In. Minimum For Maintenance
On EXHIBIT 80. 9
t" 44,
ai1~C1~
NNW
.
LOCATION Of VERTICAL RUNS
Telephone or Telephone
T.Y. Cable we Terminal
A
~
T.Y. Drop-.
r.
Po! a pSte - ^ : ; ;
;
!t ; , Supply Grounding
Conductor Coverei+
_ With-Wood Holding
Vertical Supply Cable Or
Cond"ctors Covered Or
Enclosed
Dimension "A" To Be 46° Where
Practics.ble But In No Case Shall
Vertical Runs Have A Clearance
Of Less rhan 2 In. From The Nearest
Metal Part Of The Equipment of
Another,
EXIT 131 T N0. 10