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1997-022E \~PDOCS\ORD\GTEPOLUS ORD ORDINANCE NO ~ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE JOINT USE CONTRACT RELATING TO THE USE OF UTILITY POLES BETWEEN THE CITY OF DENTON AND GTE SOUTHWEST INCORPORATED, AND PROVIDING A EFFECTIVE DATE WHEREAS, the City of Denton and GTE entered into a Joint Use Contract relatzng to the use of utzl~ty poles on July 25, 1967 and entered into an amendment of such contract on January 29, 1980, and WHEREAS, the C~ty of Denton and GTE believe it would be mutually benefzc~al to enter into a second amendment to such Joznt Use Contract, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTI~ That the City Manager ~s hereby authorized to execute a second amendment to the Joznt Use Contract relating to the use of utzlzty poles between the City of Denton and GTE Southwest Incorporated, a copy of which is attached hereto and zncorporated herezn S CTI~ That this ordznance shall become effective zmmed~ately upon its passage and approval PASSED AND APPROVED thzs the~/~- day of/~~, 199~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY AMENDMENT TO AGREEMENT CITE OF DENTON, TEXAE, a municipal corporation, and GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, now known as GTE SOUTHWEST INCORPORATED, a corporation of the State of Delaware, entered into a Joint Use Contract, dated July 25, 1967, and now desires to add Article XXI to the Joint Use Contract~ ARTICLE XXI TRANSFER OF TELEPHONE COMPANY's ATTACHMENTS "CITY" will transfer the aerial attachments belonging to "TELEPHONE COMPANY" which are attached to "CITY's" poles when such poles are being replaced, relocated, repaired are when additional poles are added. (a) Aerial attachments are defined as cables, strands, drops, down guys, anchors and associated hardware which "CITY's" poles No transfers will be are located on · made to poles contacted by load coals, riser cables or other specialized equipment belonging to "TELEPHONE COMPANY". (b) "TELEPHONE COMPANY" wall be responsible for provadang such associated hardware requmred for transferring of ,,TELEPHONE COMPANY's" attachments. (c) "CITY" will make transfers in accordance wzth specifications attached hereto an EXHIBIT A, B and C. "TELEPHONE COMPANY" reserves the raght to inspect all transfer work performed on "TELEPHONE COMPANY's" attachments by "CITY". (d) "CITY" will submit to .,TELEPHONE COMPANY", on a monthly znterval, an invoice showzng location, date, type of equipment and cost of each transfer, after transfers have been completed. "TELEPHONE COMPANY" wmll pay anvoice amount within 30 working days of receipt of invoice. (e) Price for transferring all attachments, except anchors and placing new down guy, will be THIRTY dollars and 00/100 ($30.00) per pole. (f) Prlce for placing new anchors and down guys will be FORTY-FIVE dollars and 00/100 ($45.00) per pole. (g) This Amendment shall not preclude the right of "TELEPHONE COMPANY" to perform transfers of "TELEPHONE COMPANY's" attachments on ]oant poles; nor shall it oblagate "CITY" to perform all transfers of "TELEPHONE COMPANY's" attachments on ]oant poles. (h) The praces to be charged "TELEPHONE COMPANY" under subsections (e) and (f) above shall be effectave January 1, 1997. Such praces may be modafaed by "CITY's" City Manager (or has desagnee) and GTE's Manager (or his designee) by mutual agreement of the parties approved in wratang by such representataves. If GTE's Manager is unable to mutually agree to the prices recommended by "CITY's" City Manager wathan 60 days of wrltten notice from such Caty Manager of the price modafication, the "CITY's" Caty Manager may gave written notice to GTE that the "CITY's" servaces under Article XXI are termanated. In wltness whereof, the parties hereto, have cause~k these executed in duplicate on the ~/~ day of CIT~I OF DENTON, TEXAS APPROVED AS TO LEGAL FORM HERBERT LPROUTY, CIT¥/r~ TTORIq'EY ~T~.- SOUTHWEST INCORPO~TED, TITLE, Manager - InfrastruJ~ure Provlslonlnq Support LAW DbPT "EXHIBIT A" GTE SOUTHWEST INCORPORATED Strand should be bonded and grounded to the vertical ground wire RECOMMENDED INSTALLArlON E THRE~ 8 OR C (..AS. SUP~T THIGH sPACER P~ 0~ IMPROPER INST~ON I ~ ~ CE.rEa V ~E ~E "£XHl § I'1- 8" GTE SOUTHWEST INCORPORATED n'W'STA LLATION L,ASH'~G CABLE WITHOUT SPACERS AND SUPI:~)RTS "EXHIBIT C" GUIDELINES FOR PLACEMENT OF DOWN GUYS AND ANCHORS * Replace down guys with like smze and kind. * If a new anchor is to be set, utlllze a 12 inch screw or a 8 way type furnished by GTE Southwest Incorporated. Poles with a sade guy must be set mn the same hole or a new anchor placed in lead. * The lead on an anchor must be maintained between 12 and 18 feet. Sidewalk guys should have a lead to insure proper clearance over sidewalks. * Place guy guards when an anchored guy ms in such a location that persons, vehicles, or animals are lmkely to run Into lt.