HomeMy WebLinkAbout1967-6AT A REGULAR MEETING OF WE CITY COUNCIL OF THE CITY OF DEw.61ON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 25TH
DAY OF JULY, A. D. 1967.
R E S O L U T I O N
Be it resolved by the Council of 'the City of Denton,
Texas, that Zeke Martin, Mayor of the City of Denton,
is hereby authorized to sign and execute that certain
joint pole use agreement by and between the City of
Denton, Texas and General Telephone Company of the
40
I Southwest, a copy of which is attached hereto.
PASSED AND APPROVED this 25th day of July, A. D. 1967.
e!z,j I L
ke Martin, mayor
ity of Denton, Texas
ATTEST:
Brooks Holt, City Socr*tary
City.of Denton, Texas
APPROVED AS TO LEGAL FORME
J 0, Burton, Qity Attorney
ty of Denton, Texas
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JOINT US~ CONTRACT
C~TY O~ DENTON AND G]~Xri~RAL TBLBPHONB C/)MPANY O~ THE SOI;[~MY ST
THIS A(~RBBM~NT, made by and between the CITY 0t~ DENTON, a mun:[c~pal
corporat~on~ hereinafter called "CITI~', as Party of the First Part, and GENERAL
TELEPHONE COMPANY OF THB S0~ST, a Delaware corporation, with a permit to do
bus,ness ~n[ the State of Texas, hereinafter called "TELEPHONE (~MPANY", as Party
of the Second Part.
WITNESSETH'
REAS, the C~ty and the Telephone Company desire to prowde for the
use of their respective poles when and where the joxnt use w~ll be of mutual
advantage n~ meetzng their service reqmrements.
NOW, THI~FOR~,~n consideration of the premses and the mutual covenants
here~n contained the part,es hereto, for themselves, thexr successors and assigns,
do hereby covenant and agree as follows
ARTICLE I -
SCOP~ OF AGREE~
A The agreement shall be ~n effect ~n all areas beLng served by the C~ty
of Denton Municipal Utilities at the present t~me or may be served hereafter,
and shall cover all wood poles of each of the partxes now ex~st~ng or hereafter
erected n% the served area.
B. Before e~ther party shall enter ~nto any agreement w~th any third
party for the attachment of any facxl~t~es to,any 3o~ntuse pole covered xn
th~s contract, a mutually agreeable arrangement for these facllxtxes shall be
made by and between both part~es to th~s contract.
In n, event shall any CATV facility be ~nstalled w~thout the express
permss~o: ~n writing of the C~ty of Denton, Texas.
ARTICLE II
pC(PLANATION OP TERMS
For the purpose of th~s Agreement, the following terms shall have tho
follow~n~ meanzngs.
NORMAL ;PACE on a lo~nt pole zs the following described space for the ~
exclusive u;e of each party, respectively, except that certain attad~nents of
one party m~y, in accordance w~th specifications mentioned ~n Artzcle III, be
located ~n ;pace assigned to the other party.
For the C~ty, the uppermost ten (10) feet measured from the
top of the pole.
For the Telephone Company, space for forty [40) ~nches at a
distance below the space of the C~ty of Denton to prowde,
at all t~mes, themnnnum clearance required by the specific-
athens mentioned ~n Article III
A NOI~ J, JOINT POLE under th~s agreement shall be a forty-five (45) foot,
class three (3) wood poles as covered by the American Standards Association
spec~f~cat~ OhS.
COST as applied to new poles shall mean the cost in place As applied
to ex,stun poles, "Cost" shall mean the reproduction cost less depreciation.
NET SS as applied to pole replacements shall mean the reproduction cost
less depre( ~at~on, plus the cost of removal m~nus the salvage value of the
pole repla~ .ed.
ARTICLE III
SPECIFICATIONS
1 ~ ~le ~t ~s definitely understood that the spec~f~cat~oms of the
National E .ectr~cal Safety Code --- F~fth Edat~on must be conformed w~th,
the "Joint ~ole Practices for Supply and Comrmm~cat~ons C~rcu~ts" (a report
of the Jo~ Coran~ttee on Plant Co~rdznat~on of tho Edison Electric Institute
and the Bet1 Telephone System, known as E. E I. Publication No M12 dated
October 19%5), or rews~on thereof, will be used as a gu~de ~n all f~elds
of oporat~ )n. '
The lares ~ncluded ~n M12 do not cover all types of construction. No~ther
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at any time upon one year's notice in writing to the other party as aforesaid, and provided
further that nptwlthstandlng such termination, this Agreement shall remain in full force and
effect with respect io all poles 3olntly used by the parties at the tlme of such termination
ARTICLE XX
Nothl g contained herein shall be deemed or held to be in hmltatlons, restrict~on
or derogation of the rights pmwleges, benefits and lmmumtles held by the Telephone
Company under that certaxn ordinance of the City approved on the 3rd day of October, 1949,
entitled
An (~rdlnance whereby the C~ty of Denton, Texas, and the Tex~s Telephone
Company shall continue to erect and maintain its poles, wlreq, anchors, cables,
manholes, conduits, and other plant construction and appurtenances along, across,
on, over, through, above and under all public streets, avenues, alleys, pubhc
grounds, and places ~n said city, and granting the right and franchise to do so,
under regulations and restrictions and that the C~ty shall receive an annual pay-
ment, to be in lieu of certain other payments and the right to use certain fac~htles
of the Telephone Company, all as here~n prowded"
In the event of any conflict between the provisions of such ordinance and the
prowslons of this Agreement, ~t is expressly understood that the prowslons of such ordin-
ance of the 3rd day of October, 1949, shall control over and be paramount to the prowslons
of this Agreement
IN W~TNESS WHEREOF, the City of Denton, Texas, Party of the First Part, has
caused these presents to be sxgned by its Mayor, and ~ts corporate seal to be affixed and
attested by l~s representatlve officer duly authorized as of the ~ of ~'Jg/Z! , 196~,
and this agreement ls/effectlve as of the 1st day of ~anuary, 1966
OITY OF DENj~OI~, TEXA~
Mayor
ATTE~ //~~ Approvj~a s to F~rm
Cit~e'gretary i / ~ty Attorney-
P'resldent