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1992-162~OODOF ORDINANCE NO. ~ -/~- AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY ELECTRIC COOPERATIVE, INC. AN ELECTRIC COOPERATIVE CORPORATION ORGANIZED UNDER ARTICLE 1528b, REVISED CIVIL STATUTES OF TEXAS FOR THE JOINT USE OF WOOD POLES NEAR LAKE RAY ROBERTS, TEXAS; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an agreement between the city of Denton and Denton County Electric Cooperative, Inc., an electric cooperative corporation organized under Article 1528b, Revised Civil Statutes of Texas for joint use of wood poles, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part here- of. SECTION II. That the City Council hereby authorizes the ex- penditure of funds not to exceed Forty-two Thousand Four Hundred Ninety-eight ($42,498) Dollars. SECTION III. That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the/~y of~,~ 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROV~ AS T~LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY JOINTUSE.K . ORIGINAL AGREEMENT FOR JOINT USE OF WOOD POLES THIS AGREEMENT, dated as of the /~day of~199~ between the City of Denton, hereinafter called "GOD," and Denton County Electric Cooperative, Inc., and electric cooperative corpo- ration organized under Art. 1528b, Revised Civil Statutes of Texas, having its principal office at Corinth, Denton County, Texas, here- inafter referred to as "D.C.E.C." W I TN E S SETH: 1. This Agreement shall apply to the joint use of wood poles ("Poles") in Denton County, Texas. The location of that line to be used jointly is Clear Creek and Warshum Road on State Highway FM 428, a copy of which is attached hereto and refer- ence to which is made as if it were set forth herein. 2. The joint use of such Poles by each party and the facilities of each party on the joint use Poles shall at all times be in conformity with the requirements of the edition of the Nation- al Electrical Safety Code ("NESC") in effect at the time of original construction of the joint use facilities, as well as with the requirements of that edition of NESC in effect at the time of any major change, as defined by the NESC, to existing joint use facilities, except where the owner's specifications or the requirements of public authorities may be more strin- gent than the requirements of the NESC, in which case the more stringent requirement shall apply. 3. COD will own, design and construct approximately 8 miles of new single circuit 13.2 kv electric line of 4/0 AAC on FM428 from Hartlee Field at Point A to Point B at the Ray Roberts Hydroelectric Plant as shown in the attached map. Upon completion of such work, D.C.E.C. shall have the right to construct, reconstruct, maintain and operate its electric dis- tribution facilities on the poles including crossarms, conduc- tors, transformers, fuse cutouts, disconnects, capacitors, re- closers and other equipment and related hardware. 4. D.C.E.C. will convert the existing approximately 2,266 feet of 4/0 AAC single circuit 14.4/24.9 kv to accommodate 4/0 AAC double circuit at Clear Creek and Warshum Road. D.C.E.C. will make necessary poles attachments on State Highway roads FM 428 and FM 2153. COD shall reimburse D.C.E.C. upon completion of conversion, for actual costs incurred to complete this work. The actual amount is Forty-two Thousand, Four Hundred Ninety- eight Dollars and sixteen Cents ($42,498.16). 5. Both parties shall maintain the Poles which are the subject of this Agreement in a safe and serviceable condition, and shall replace such poles as they become defective. Each party shall at its sole expense, place, replace, transfer, rearrange and maintain all of its attachments to such Poles, including con- ductors, guys and anchors. Each party shall, at its sole expense, perform any tree trimming or cutting incidental to its use of such Poles. Each party will be responsible for relocating the facilities it owns as required for street or highway widening, street or highway improvements or opening of new streets and highways. Should it become necessary due to emergency or extraordinary conditions affecting continuity of service or public safety for either party to repair the Pole(s) or the attachments thereto of the other, the party making such repairs shall be reimbursed for the reasonable costs incurred in making such repairs to the property of the other party. 6. This Agreement shall continue in effect for a period of fifteen (15) years and shall continue thereafter unless and until terminated by mutual agreement or by written notice given by either party to the other at least one (1) year in advance of the proposed date of termination, provided that any obligations incurred which may extend beyond the termination date will be honored. If either party decides to remove its attachments from such Poles(s), such party will offer to sell such Pole(s) to the other party at a price equal to original cost less depreciation. Each party shall, within sixty (60) days after receipt of such offer, either buy such Pole(s) or remove all of its attachments from such Pole(s). 7. Whenever any liability is incurred by either or both of the parties hereto for damages to the property for either party or of other persons, or for injuries (including death) to other persons (except the employees of either party), 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 Poles covered by this Agreement, the liability for such damages, as between the parties hereto, shall be as follows: A. Each party shall be liable for and shall indemnify the other for all damages to property and injuries (including death) to persons caused solely by its negligence, or solely by its failure to comply at any time with the terms of this agreement. B. Except as provided in A above, assessment of liability to third parties for damages to property and for personal injuries (including death), as between the parties here- PAGE 2 to, shall be in accordance with the laws of the State of Texas. C. In the event either party receives a claim or service on a suit for damages alleged to have been caused, in whole or in part, by the party's use of the poles referenced in this Agreement, such party shall notify the other party of such claim or suit within 30 days of receipt of the claim. 8. This agreement is entered into for the sole benefit of the Parties hereto and nothing in this agreement shall be con- strued as giving any rights, benefits, remedies or claims to any person, firm, corporation or other entity, other than the parties hereto. EXECUTED on the day and year first written above. ATTEST: DENTON COUNTY ELECTRIC COOPERATIVE, INC. BILL MCGINNIS, GENERAL MANAGER ATTEST: CITY OF DENTON BOg CASTLEBERRY, MAYOR / PAGE 3