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1990-0282892L ORDINANCE NO. U 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 S'T'ATUTES OF TEXAS FOR THE JOINT USE OF WOOD POLES IN LEWISVILLE, 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 hereof. SECTION II. That the City Council hereby authorizes the ex- penditure of funds not to exceed Sixty-eight Thousand Nine Hundred ($68,900) Dollars. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~Qday of , 1990. RAY S ENS MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: zz~ - APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: CITY OF DENTON: STATE OF TEXAS: AGREEMENT FOR JOINT USE OF WOOD POLES THIS AGREEMENT, dated as of the day of S-4i - , 19_96- , between the City of Denton, hereinafter called "COD," and Denton County Electric Cooperative, Inc., an electric cooperative corporation organized under Art. 1528b, Revised Civil Statutes of Texas, having its principal office at Corinth, Denton County, Texas, hereinafter referred to as "D.C.E.C." W I T N E S S E T H: 1. This Agreement shall apply to the joint use of wood poles ("Poles") in Lewisville, Texas. The location of that line to be used jointly is from Brazos Electric Substation at 600 block of Jones Street (point A) going east to Denton's Hydroelectric Plant (point C) as shown in Exhibit "A", a copy of which is attached hereto and reference 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 National 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 stringent than the requirements of the NESC, in which case the more stringent requirement shall apply. 3. COD will own, design and construct approximately 1.7 miles of new single circuit 14.4/24.9 kv electric line of 4/0 AACon the Corps of Engineers property from point B at the existing gate to point C at the Hydro Plant as shown in Exhibit A. The line construction will be designed with necessary pole height and strength for D.C.E.C to construct future underbuild circuit. Upon completion of such work, D.C.E.C. shall have the right to construct, reconstruct, maintain and operate its electric distribution facilities on the poles including crossarms, conductors, transformers, fuse cutouts, disconnects, capac- itors, reclosers and other equipment and related hardware. 4. D.C.E.C will convert the existing approximately 1.145 miles of 4/0 AAC single circuit 14.4/24.9 kv to 4/0 AAC double circuit from point A at Brazos Electric Cooperative Lewisville Substation to point B at the Corps of Engineers' gate as shown in Exhibit A. COD shall reimburse D.C.E.C., upon completion of conversion, for actual costs incurred to complete this work. This is estimated to be approximately Sixty Thousand Dollars ($60,000.00) but, shall, in no event exceed Sixty-six Thousand Dollars ($66,000.00). COD shall reimburse D.C.E.C., upon completion, for the cost of the removal and relocation of power poles from the Hydro Plant site during construction. This is estimated to be Two Thousand Six Hundred Dollars ($2,600.00) but, shall, in no event exceed Two Thousand Nine Hundred Dollars ($2,900.00). 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 conductors, 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 Pole(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). Page 2 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 hereto, 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 construed 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: ecretary l~ DENTON COUNTY ELECTRIC COOPERATIVE, INC. r` Bill McGinnis, General Manager Page 3 Q " O 2 X Q W V) W a° LAJ i ` LLI J J. W (n a 3 ~ Nz d W J 0W CCD U ¢ Z W ~ N LL J O < CC U m co Z a U O a - V LLJ w M U P O O W W ¢ C 2 111 a ~ C yU C7 ? fn --Q u W W J m m ~ tr f • F m n ' Z I ( U5 m I U i W W Q m w p .s~ J Z r . G . yR• ~s s ral O _m 1 4 J 1 4n i W 1 Y W Q 3 W. i q. ~i.. 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