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
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