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
/
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