19-086M "Re,
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR
HIS DESIGNEE, TO EXECUTE A POLE ATTACHMENT LICENSE AGREEMENT
BETWEEN THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AND MCIMETRO ACCESS TRANSMISSION SERVICES CORP., A
DELAWARE CORPORATION; AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, a Texas home -rule municipal corporation ("City"), owns,
operates and controls certain utility poles located in the City's rights of way; and
WHEREAS, MCIMetro Access Transmission Services Corp., a Delaware corporation,
("MCIMetro") desires to provide, voice, video, internet, or data transmission and other lawful
communications services within City's limits; and
WHEREAS, to provide voice, video, internet, or data transmission and other lawful
communications services, MCIMetro seeks to place and maintain cables, equipment, facilities,
within City's limits and desires to place such cables, equipment, and facilities on various utility
poles owned by City and in City's rights of way; and
WHEREAS, the City is willing to grant MCIMetro a revocable, non-exclusive license to
use certain utility poles on the terms and conditions set forth in the attached Pole Attachment
License Agreement ("Agreement") and subject to the City of Denton's Code of Ordinances,
Electrical Code, and Distribution Construction Standards, and other applicable ordinances, codes
and standards; and
WHEREAS, the City Council finds that it is in the public interest and benefit to the citizens
of the City that the attached Agreement be executed; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
-S1_,"_MJ0N 1. The findings set forth in the preamble of this ordinance are incorporated by
reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Council hereby authorizes the City Manager, or his designee, to
execute the Pole Attachment License Agreement, attached as Exhibit "A" and incorporated herein,
and any other ancillary documents related to it.
SECTION 3. This ordinance shall be effective immediately upon its passage and approval.
The t'nolioi,i to atljvov� this Ordinance was made by J and
4Z . ................ . --------
seconded by the Ordinance was passed and approved by
.......................... . . . . ................. . ..
the following vote
Aye NayAbstain Absent
aL�_ ................ ................
Chris Watts, Mayor:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2: V/
Don Duff, District 3:
John Ryan, District 4:
Deb Annintor, At Large Place 5: V'
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the ' : t. day of Ap il, 2019.
"........
HR 1S WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:k"" Z- - --- --- . .. ....................... . . . . . .....................
NOTICE
This Agreement does not authorize Licensee to install or maintain wireless
communications devices on City of Denton poles or other infrastructure,
electric or otherwise. Should Licensee desire to install wireless
communications devices on City of Denton poles or other infrastructure,
electric or otherwise, Licensee must enter into a separate agreement.
POLE ATTACHMENT LICENSE AGREEMENT
BETWEEN THE CITY OF DENTON AND LICENSEE
This License Agreement is between the City of Denton ("CITY"), a Texas home -rule municipal
corporation, and MClmetro Access Transmission Services Corp., a Delaware corporation
("Licensee") (collectively referred to as the "Parties").
WHEREAS, CITY, operates or controls certain utility poles in the public rights of way managed and
controlled by CITY throughout Denton; and
WHEREAS, Licensee desires to provide voice, video, internet, or data transmission and other lawful
communications services within CITY's service area; and
WHEREAS, to provide voice, video, internet, or data transmission and other lawful communications
services, Licensee seeks to place and maintain cables, equipment, facilities, within CITY's service
area and desires to place such cables, equipment, and facilities on various Poles and easements
owned by CITY; and
WHEREAS, CITY is willing to grant Licensee a revocable, non-exclusive license to use certain Poles
on the strict terms and conditions set forth in this Agreement and subject to the City of Denton's
Code of Ordinances, Electrical Code, and Distribution Construction Standards, as they may be
amended from time to time.
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
contained, CITY and Licensee do hereby mutually covenant and agree as follows:
ARTICLE 1
DEFINITIONS AND CONSTRUCTION
1.1 Def n i n, For purposes of this Agreement, capitalized terms are defined as follows:
A. means those engineering and
construction standards, specifications, and designs maintained and referenced internally by
CITY, and complied with in all material respects by CITY, for its own Pole distribution
construction and engineering efforts.
B. means the recurring charge that Licensee is to pay CITY
annually under this Agreement for attachment to CITY's Poles. The Annual Usage Charge is
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in addition to any Costs and Filing Fees Licensee may incur during a Contract Year, and shall
be determined by CITY as of December 1 of each Contract Year, other than the first Contract
Year. The Annual Usage Charge for any Contract Year shall be the number of Attachments
shown on CITY's records to exist as of December 1 of the preceding Contract Year multiplied
by the Usage Rate for the new Contract Year for each attachment of equipment. Unless
applicable state or federal law is amended to allow a charge for over -lashed Cable, the
Annual Usage Charge shall not apply to over -lashed Cable over -lashed with any of Licensee's
Attachments for which a Usage Rate is chargeable. Unless otherwise expressly provided in
this Agreement, Annual Usage Charges are not refundable.
C. Attaglie A I" means the CITY prescribed application sheet, together
with all required prints, maps, proposed routes, project descriptions, studies, and proposed
schedules that Licensee must submit, in full, to CITY in order to request, have reviewed,
perform required and then be granted an Attachment License for a particular Pole or group
of Poles.
D. Attachmeq means (other than for Annual Usage Charge Purposes):
1. each Cable owned, controlled, or used by Licensee, together with its
associated messenger strand, guy wires, span guys, anchors, and other appurtenant
and incidental facilities, affixed to a Pole regardless of the means by which affixed
(a Cable lashed to another Cable and each Cable lashed to a common messenger is
a separate Attachment);
2. each amplifier, repeater, controller, box, cabinet, appliance, device, or
piece of equipment owned, controlled, or used by Licensee and affixed to a Pole,
regardless of the means by which it is affixed;
3. each amplifier, repeater, controller, box, cabinet, appliance, device, or
piece of equipment owned, controlled, or used by Licensee that is resting on the
ground but is connected to a Pole, Attachment, or CITY line by a conductor;
4. a new or existing service wire drop that is (i) located In the same one foot
of space assigned to the Licensee's Cable Attachment, and (ii) is attached to the
same Pole as an existing Attachment of Licensee shall NOT constitute an additional
Attachment.
5. risers installed by the licensee for the purpose of transitioning overhead
cable to underground cable or vice versa; or risers installed by the licensee for the
purpose of extending service to a customer shall be considered an additional
attachment(s) with each individual riser charged at the Riser Rate as defined in the
CITY's Pole Attachment Fee as set forth in its utility rates.
6. Licensee installed conduits, which differ from the conduits mentioned in
risers above (5) shall be considered multiple attachments with the value based on
the linear footage of the conduit along the vertical length of the pole that the
conduit is installed.
7. Any other devices installed by the licensee that may be approved by CITY
for installation on the pole will be considered a large unit attachment subject to the
miscellaneous charge rate tariff.
E. A!JaEhm9_nJ_LJgU= means the revocable (solely pursuant to the terms and
conditions hereof and applicable law), non-exclusive right of Licensee to make an
Attachment to a Pole under this Agreement, pursuant to CITY's approval of an Application
and subject to (1) any modifications, conditions, and specifications imposed by CITY
pursuant to this Agreement or applicable law when approving the Application and (2) all
Design Documents issued by CITY with respect to the Attachment and Pole in question. An
Attachment License authorizes Attachments solely for lawful communications purposes, as
described in this Agreement. The use of any Attachment for any purpose other than
providing lawful communications as described in this Agreement is prohibited and shall
constitute a material breach of this Agreement.
F. R—oxing means the use of a cross arm or through bolt to facilitate a pole attachment
on the opposite side of the pole from any existing attachment and the installation of cable
or facilities on both sides of the same pole at approximately the same height. Licensee is
prohibited from Boxing on CITY poles.
G. Cable means a conductor, wire, or fiber or a bound or sheathed assembly of
conductors, wires, or fibers used as a wire communications or transmission medium (a bare
messenger is also a Cable).
H. C i e means the area on any given Pole, below and sufficiently
remote from the Supply Space as required by Electrical Code, within which Attachments
and Pole Contacts may lie. The term Communications Space has the equivalent meaning as
that used in the Electrical Code. The top surface of the Communications Space must remain
at least 40 inches from the lowest surface of the Supply Space and from any other electrical
lines, conductors, or equipment, or below the Supply Space at a distance as defined by the
National Electric Safety Code for a specified condition. The bottom surface of the
Communications Space must maintain a clearance in accordance with National Electrical
Safety Code standards. Any make ready that may be required to meet these standards shall
be paid for by the Licensee.
I. Conduit means a structure owned by CITY containing one or more Ducts, usually
placed in the ground, in which cables or wires may be installed. CITY -owned electrical
Conduit is expressly reserved for utility reliability and expansion purposes and is not
available for use by Licensee.
J. C i Sjj&M means any combination of Ducts, Conduits, Manholes, and
Handholes joined to form an integrated whole. As used in this Agreement, the term refers
to Conduit Systems owned or controlled by CITY. CITY -owned electrical Conduit System is
expressly reserved for utility reliability and expansion purposes and is not available for use
by Licensee.
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K. Contract Year means any calendar year during which this Agreement is in effect,
beginning January 1 and ending December 31, except that the first Contract Year shall run
from the Effective Date until December 31 of that year and the final Contract Year shall run
from January 1 of that year until the date of termination.
L. Contractor includes subcontractors.
M. Cost means the total cost reasonably incurred by CITY for any particular task under
this Agreement, and includes without limitation reasonable labor, material, equipment
usage, outside Contractor and vendor charges, reasonable overhead, and reasonable
general and administrative expenses. Costs may be incurred for, without limitation,
engineering and engineering review, Make -Ready construction, inspections and oversight,
auditing, and other services. Certain Cost rates are specified in Exhibit A to this Agreement,
which CITY may change no more than once per year upon 60-days' notice to Licensee;
provided, however, that any such change to such Cost rates shall be based on CITY's
reasonable cost of labor, materials, and equipment usage. Subject to the foregoing, Costs
shall be determined by CITY in its reasonable judgment and reasonable discretion, and shall
be paid by Licensee in accordance with either of the following, at CITY's sole option:
1. Any advance estimate provided by CITY, in which event CITY shall have the
right to refuse to incur the Costs until the estimate is paid; and/or
2. Any final invoice submitted by CITY. In the event an advance estimate was
paid by Licensee for Costs, the final invoice will reflect such payment.
N. pSjknj22&UM9= means all specifications, drawings, schematics, blueprints,
engineering documents, and written requirements for materials, equipment, design,
construction, and workmanship issued by CITY to Licensee with respect to Make -Ready and
installation work on a particular Attachment or Pole or group of Attachments or Poles. Any
and all design documents must be sealed by a licensed professional engineer.
0. Duct means a single enclosed tube, pipe, or channel for enclosing and carrying
cables, wires, and other facilities owned by CITY. As used in this Agreement, the term Duct
includes Inner -Ducts created by subdividing a Duct into smaller channels. CITY -owned
electrical and/or electric communication Duct is expressly reserved for utility reliability and
expansion purposes and is not available for use by Licensee.
P. Eft%g1XCpgJ& means the date CITY signs this Agreement as shown on the signature
page of this Agreement.
Q. E • means the National Electrical Safety Code (NESC), the National
Electrical Code (NEC), and Chapter 752 of the Texas Health and Safety Code.
R. E means the initial, non-refundable fee charged to Licensee for filing an
Application for an Attachment License. Filing Fees are set by the CITY and shall not exceed
the actual and reasonable cost to CITY of reviewing and processing an Application. The Filing
Fee is solely to compensate CITY for reviewing and processing an Application and does not
include or offset Costs or Annual Usage Charges.
S. Handholes means an enclosure, usually below ground level, used for the purpose
of installing, operating, and maintaining Attachments in a Conduit. A Handhole is too small
to permit personnel to physically enter. CITY -owned electrical Handholes are expressly
reserved for utility reliability and expansion purposes and is not available for use by
Licensee.
T. Infrastructure Usaee ReeuI ` means the Denton City Code of Ordinances and
any other CITY ordinance that may be enacted to govern electric utility infrastructure usage
or rental.
U. Inner -Duct means a pathway created by subdividing a Duct into smaller channels.
CITY -owned electrical and/or electric utility communication Inner -Duct is expressly
reserved for utility reliability and expansion purposes and is not available for use by
Licensee.
V. -R 4y means all work required to accommodate Licensee's Attachments on
a Pole with respect to CITY and Third Party User needs and in compliance with Electrical
Code, CITY Distribution Construction Standards, generally accepted engineering and
construction practices, and applicable laws.
W. Manhole (also called "Pullbox" or "Vault") an enclosure, usually below ground
level and entered through a hole on the surface covered with a cast iron or concrete
Manhole cover, which personnel may enter and use for the purpose of installing, operating,
and maintaining Attachments in a Conduit. CITY -owned electrical Manholes are expressly
reserved for utility reliability and expansion purposes and is not available for use by
Licensee.
X. awf I QkQeRJ= means the maximum amount that CITY may lawfully
charge for an Attachment under applicable state and federal law, rules and regulations in
effect from time to time. If, for any Contract Year, applicable state or federal law does not
limit the amount CITY may charge Licensee for a particular Attachment or service under this
Agreement, the Maximum Lawful Rate for the Attachment or service shall be the amount
that CITY determines, in its sole judgment and discretion, to constitute a reasonable and
non-discriminatory annual Usage Rate.
Y. Pole means any electric distribution pole owned by CITY that supports electric lines
having a nominal voltage of not more than 35kV; provided, however, that any electric
distribution pole having a nominal voltage of more than 35kV will also be a "Pole" if the
pole is also used for distribution of power from a local substation to customers. Unless
otherwise agreed by CITY with respect to a particular pole, the term Pole does not include
(1) street lighting, traffic signal, AMI extender bridge, or dusk to dawn light poles; (2) metal
or wood poles or towers supporting transmission lines carrying a nominal voltage greater
than 35kV, unless such wood poles are also used to support distribution lines carrying a
nominal voltage of not more than 35kV; (3) any structure or facility within a substation; (4)
conduits (except as otherwise provided in Article 11); or (5) any structure not used for
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electric power distribution.
Z. I . C91)tact means the point or contiguous area on a Pole at which one or more
of Licensee's Attachments makes physical contact with a Pole regardless of the duration for
which the Pole Contact existed.
AA. 5gyjO_Iro_o, means a cable used to connect directly to a customer's location from
one pole and attached to no more than one additional pole where the additional pole does
not support voltage greater than six hundred volts (600V) or a cable used to connect a
customer's location through the use of multiple licensed poles where service drop make
ready has been performed.
BB. I means the area on any given Pole, above the Communications Space,
that is reserved for the placement of electric supply lines, electrical equipment, and other
CITY facilities. The term Supply Space has the equivalent meaning as that used in the
Electrical Code. Licensee may not place any Attachments or Pole Contacts in the Supply
Space.
CC. Ih r Party Ujej means any third party that has, or may be granted, an Attachment
License or other right to attach with respect to a Pole. Third -parties that are allowed by
Licensee to overlash third -party conductors onto existing Licensee Attachment(s) shall also
execute a Pole Attachment License Agreement with the CITY, regardless of the duration for
which the Attachment or Pole Contact existed. At least thirty (30) days before third -party
overlash operations, Licensee shall provide advanced written Notice to CITY that identifies
the proposed third- party overlashing entity and all proposed third -party overlash locations.
DD. UnauthorjzgdAUg_chrnenj means an Attachment or any other affixing or placing of
Licensee's facilities onto CITY property for which Licensee does not have a valid Attachment
License.
EE. Usage Rate means, for each given Contract Year, the amount Licensee must pay
CITY for each Attachment.
1.2 Syntax Except as otherwise expressly provided herein, all nouns, pronouns and variations
thereof shall be deemed to refer to the singular and plural.
1.3 AMCnAMents Any reference to a law, code, or document shall mean such law, code, or
document as it may be amended from time to time.
1.4 third P rt CITY has in the past entered into other Pole usage agreements
with Third Party Users. In construing this Agreement, no variations between this Agreement and
other agreements with Third Party Users shall have any evidentiary value or be construed against
CITY. It is the Parties intent that this provision is not meant to unlawfully discriminate against
Licensee in favor of other licensees.
1.5 NQ Construction @Sging CITY The rule of construction that ambiguities in a contract are to
be construed against the drafting party shall not apply to this Agreement.
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1.6 fljgAin The descriptive headings in this Agreement are only for the convenience of the
parties and shall not be deemed to affect the meaning or construction of any provision.
ARTICLE 2
SCOPE AND TERM OF AGREEMENT
2.1 ! e ,aur o In accordance with the provisions of this Agreement, CITY may issue
Attachment Licenses to Licensee on the terms and conditions set forth herein. Before Licensee
makes any Attachment to or begins any work on a Pole, excluding service drops, it shall file an
Application and await CITY's issuance of an Attachment License and Design Documents with respect
to that particular Attachment or Pole, as set forth in Article 4. Nothing in this Agreement shall be
construed to obligate CITY to grant an Attachment License with respect to any particular Pole where
Licensee has failed to fulfill the requirements herein for the grant of such Attachment License.
A. The use of any Attachment for any purpose other than providing lawful
communications as described in this Agreement is prohibited and shall constitute a material
breach of this Agreement.
B. Licensee is prohibited from Boxing on CITY poles.
C. CITY -owned electrical Conduit is expressly reserved for utility reliability and
expansion purposes and is not available for use by Licensee.
D. CITY -owned electrical Duct is expressly reserved for utility reliability and
expansion purposes and is not available for use by Licensee.
E. CITY -owned electrical Handholes are expressly reserved for utility reliability and
expansion purposes and are not available for use by Licensee.
F. City -owned electrical Inner -Duct is expressly reserved for utility reliability and
expansion purposes and is not available for use by Licensee.
G. CITY -owned electrical Manholes are expressly reserved for utility reliability and
expansion purposes and are not available for use by Licensee.
H. Rental and license rates for CMRS and related services and equipment shall be set
by separately negotiated license agreements with CITY.
2.2 Term The initial term of this Agreement is 10 years, beginning on the Effective Date
and renewing thereafter for 2 successive 10 year terms, subject to the material
default provisions, or unless terminated by either Party. At the end of each then -current term,
Licensee shall, if it intends to terminate, give CITY written notice of its request to terminate 180
days before the end of the then -current term. If Licensee is in material default during the course of
the then -current term and Licensee has not cured the default, this Agreement shall not renew. If
Licensee has materially defaulted and not cured such default, renewal will be granted in CITY's
reasonable discretion. If renewal is denied, CITY will give written notice of the reasons for denial
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within thirty (30) days of making that determination and this Agreement will expire at the end of
the then -current term.
2.3 JdafiiX Fggfffti l Except as otherwise set forth in paragraph 6.4, (1) CITY is under no
obligation to add, build, keep, maintain, or replace Poles or any other facilities for the use or
convenience of Licensee; and (ii) the maintenance, replacement, removal, relocation, or addition of
CITY Poles and facilities shall remain within the sole province and discretion of CITY.
Notwithstanding the foregoing, any actions of the CITY under this Agreement shall be taken on a
nondiscriminatory basis.
2.4 PoIesOnl This Agreement is limited to and only addresses Attachments to CITY Poles. This
Agreement does not authorize Licensee to install or maintain Attachments on other CITY property
and facilities, including without limitation conduits, buildings, and towers.
2.5 City gir hts-gf-_WW Except for the placement of Attachments or other facilities covered by
this Agreement on CITY Poles and notwithstanding that a Pole to which Licensee may attach its
facilities is in the CITY's public streets or rights -of -way, nothing in this Agreement shall be construed
to grant, nor does this Agreement grant, Licensee any right or authorization to use or occupy the
public streets or rights -of- way of the CITY or any other public property.
2.6 ACS&§§ IQ HIgbJE of WpV1.LImIted Except to access the CITY's rights of ways as an incident
of attaching facilities to CITY'S Poles under this Agreement, Licensee and CITY expressly agree that
the authority to attach to CITY Pales does not grant Licensee authority to use or occupy CITY's public
streets or rights -of -way.
2.7 P iva Eras Licensee understands that some Poles are located on dedicated
easements over private property that, by their terms, restrict the use of the easement to CITY for
the sole purpose of electric distribution or transmission. Nothing in this Agreement and no action
by CITY shall be construed to offer, grant or approve any right or license to use such easement or to
affix an Attachment to a Pole within such easement without the consent of the owner of the
property to which the easement is appurtenant, unless otherwise allowed by law. CITY has no
obligation to expand or obtain rights in such easement on Licensee's behalf. It is the sole obligation
of Licensee to obtain the necessary consent or additional easement rights, if any, at Licensee's own
expense.
2.8 Tineryt lornaln CITY is under no obligation to exercise any power of eminent domain on
Licensee's behalf.
2.9 Pro eat IfI ht In PoI'e All Poles shall remain the property of CITY and no payment
made by Licensee shall create or vest in Licensee any ownership right, title, or interest in any Pole,
but Licensee's interest shall remain a bare license. The existence of such a license shall not in any
way alter or affect CITY's right to use, change, reclaim, operate, maintain, or remove its Poles,
subject to the terms and conditions hereof. [Nothing in this Agreement shall prohibit Licensee from
repairing, operating, or maintaining a Pole at Licensee's sole cost and expense if: (i) CITY expressly
abandons the Pole or constructively abandons the Pole by electing not to repair, operate, or
maintain the Pole to such an extent that a reasonable person would conclude that CITY has
abandoned the Pole; and (ii) Licensee is permitted to do so under the City Code, the terms of
8 of 57
Licensee's franchise, if applicable, and any applicable easements; provided, however, that CITY may
remove an abandoned Pole if such removal manifestly serves the public interest. If CITY's use of its
Poles materially and adversely affects Licensee's use and operation of an Attachment, Licensee may,
by written notice to CITY, remove its Attachments from any adversely affected Pole. Such
termination shall be implemented by written notice to the CITY.
2.10 LJLqns9JJ9J Exclusive Licensee acknowledges that CITY has entered into other agreements
concerning the use of Poles by third parties, including Licensee's competitors and may in the future
enter into similar agreements. Nothing in this Agreement shall be construed to limit or in any way
affect CITY's right or ability to enter into or honor other agreements, or to grant any rights, licenses,
or access concerning any Pole, irrespective of the character or degree of economic competition or
loss caused to Licensee, so long as CITY's actions are not unreasonably discriminatory.
2.11 CITY Priorily The primary purpose of a Pole is electric distribution and public health and
safety, and CITY reserves to itself first priority in the use of a Pole. In the event of any conflict
between the use of a Pole by CITY and Licensee, the use of a Pole for the distribution of electric
power to CITY customers shall prevail and have priority over Licensee's use of the Pole. CITY retains
and shall have exclusive use of the Supply Space. All of Licensee's Aerial Attachments shall remain
within the Communications Space.
2.12 Di cre CITY reserves the right to deny any Application pursuant to the
terms and conditions of this Agreement, reserve any Pole to its own use pursuant to a bona fide
development plan, or modify any Pole for legal, safety, mechanical, structural, engineering,
environmental, reliability, or service reasons. Determination of these issues shall at all times remain
within the reasonable discretion of CITY, subject in all respects to the terms and conditions of this
Agreement. Licensee will not be required to pay for any modifications to any Pole or its Attachments
in order to accommodate a Third Party User.
2.13 too C I The engineering, construction, installation, use, operation, and
maintenance of Licensee's Attachments shall be at Licensee's sole expense. Unless otherwise
expressly provided of this Agreement, nothing in this Agreement shall be construed to require CITY
to expend any funds or to incur or bear any cost or expense.
ARTICLE 3
USAGE RATES AND CHARGES
3.1 Eam 14rt D r CITY's approval of an Attachment License shall be
conditioned on Licensee's payment of the then current Usage Rate for each approved Attachment,
prorated to reflect the number of months remaining in the Contract Year with any partial month
being considered to be a full month. Licensee's payment is due within 45 days from the date of
CITY'S approval of an Attachment License.
3.2 is "on U. Rate For each Contract Year, the Usage Rate shall not exceed the
Maximum Lawful Usage Rate. Before each new Contract Year, CITY will notify Licensee in writing of
the Maximum Lawful Usage Rate for such Contract Year at least 60 days in advance of any invoice.
The CITY shall provide its Maximum Lawful Usage Rate calculations and relevant support data so
Licensee may verify that the Rate is calculated in accordance with applicable law. The Maximum
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Lawful Rate may take into account changes in applicable laws that are to go into effect during the
upcoming Contract Year.
3.3 Di f Mai L R te, If Licensee disagrees in good faith with CITY's
determination of the Maximum Lawful Usage Rate, Licensee may protest the CITY'S Usage Rate in
writing within 30 days of receipt of the notice of the then proposed Usage Rate. The protest shall
include copies of all records and other documentation that support Licensee's position. Failure to
timely protest CITY's proposed Usage Rate shall constitute agreement to and acceptance of CITY's
determination and a waiver of Licensee's rights to dispute CITY'S Usage Rate. If Licensee timely
protests a proposed Usage Rate, the parties shall endeavor in good faith to negotiate a resolution
of the dispute. If the parties are unable to resolve the dispute within 60 days from the date of
Licensee's protest, then either party may seek relief from the Public Utility Commission of Texas
("PUCT") pursuant to section 54.204 of the Texas Utilities Code, any successor regulation, or any
other law that confers jurisdiction on the PUCT. The PUCT shall be the sole and exclusive forum for
resolution of a dispute regarding CITY'S Usage Rate, unless the PUCT lacks jurisdiction, in which
event the dispute resolution provisions set forth in paragraph 18.7 shall control. If the dispute is not
resolved by the time the Annual Usage Charge invoice is issued, Licensee shall nonetheless pay the
invoice based upon the disputed Usage Rate. Payment by Licensee of the invoice shall not prejudice
Licensee's ability to continue to contest the Usage Rate, and CITY agrees not to interpose any claim,
defense, or counterclaim that Licensee has waived its right to contest the Usage Rate by paying the
disputed invoice. Failure to pay the disputed Usage Rate shall constitute a material breach of this
Agreement
3.4 5MbACUHghLAnnuaI_VsggS&hW= In each January of each Contract Year and continuing
thereafter until the expiration or termination of this Agreement, CITY will invoice for, and Licensee
shall pay, within 45 days after receipt of invoice, the Annual Usage Charge for the new Contract
Year. All overdue balances shall accrue interest at the rate of 1% per month from the due date until
paid, or the maximum rate allowed by law, whichever is less.
3.5 Iny_9.J&C 1215outeg, If Licensee believes in good faith that an Attachment count contained in
an Annual Usage Charge invoice is incorrect, it shall nonetheless pay the invoice under protest. To
protest an invoice, Licensee must give CITY written notice of the nature of its protest no later than
the due date for payment of the invoice together with copies of records and other documentation
supporting its position. The parties shall promptly meet to resolve the discrepancies in their records
to determine the correct Attachment count. If the parties are unable to resolve a discrepancy as to
the correct count, the parties may, upon mutual agreement, jointly conduct a physical inventory of
geographical grids or other mutually agreeable census to determine the correct count. The cost to
conduct such inventory or census shall be equally divided between the parties.
3.6 A4jMELQ=nt1 If upon resolution of a dispute between the parties under paragraph 3.2 or
paragraph 3.4, a refund is due to Licensee, CITY shall refund the amount of the overcharge together
with interest at the rate specified in paragraph 18.5 from the date of CITY's receipt of the protested
Annual Usage Charge payment. If Licensee owes additional money, a corrected invoice shall be
issued by CITY for the additional Annual Usage Charge due, plus accrued interest at the rate
specified in paragraph 18.5 from the due date of the original invoice.
3.7 loan; Unless otherwise expressly stated in this Agreement, there shall be no
offsets against any sums due under this Agreement, or any other allowances, for system
10 of 57
improvement, materials or labor supplied, upgrading, life extension, or other direct or incidental
benefits conferred by Licensee upon CITY or its poles, system, or facilities. All such improvements
and benefits belong solely to CITY, and the fact that such improvements or benefits may accrue shall
in no way alter or affect Licensee's obligations under this Agreement.
ARTICLE 4
ATTACHMENT LICENSES
4.1 A ac " -n w , Rggy_JtgA Licensee shall have an Attachment License with CITY before
performing any new Attachment work on a Pole or making any Contact with, or Attachment to, a
Pole or other facility on CITY property or easement. Maintenance of existing equipment shall be
allowed, including transfers for new poles and for Make Ready work of other Licensees, if Licensee
has a current Attachment License that covers the existing Attachments and equipment. Licensee
must have an Attachment License for each Pole or group of Poles to which Licensee's Attachments
are to be affixed, identifying each separate Attachment to the Pole(s) by type. An Attachment
License is not needed to perform visual inspections necessary for preparing an Attachment
Application.
4.2 v rl�t Licensee must obtain a separate and additional Attachment License for any
Attachment it seeks to overlash to an existing Licensee or Third Party User Attachment or Pole
Contact. Licensee may not allow another party to overlash to Licensee's facilities without such party
first having an agreement with and Attachment License from CITY. Poles are the sole property of
CITY, and Licensee shall not charge or accept any financial consideration for allowing a third party
to overlash to an Attachment or Pole Contact without CITY's written consent.
4.3 gafi2r roc The Application must be submitted in the then approved CITY
format. The Application form, and all required supporting documentation and other procedures,
are within the reasonable discretion of CITY and may change from time to time upon prior written
notice (provided such changes are not inconsistent with the terms and conditions of this Agreement
and applied in a nondiscriminatory manner). CITY may reject entirely an incomplete Application, or
It may request additional information to support the Application, in which event the requested
information shall be promptly furnished. In the event that CITY denies an Application, it shall provide
written notice of its reason for denial to Licensee within 30 business days of the date the Application
was submitted.
4.4 ffl[ng Fed The Filing Fee shown in Exhibit A shall be paid at the time the Application is
submitted. No Application will be considered before payment of the Filing Fee.
A. CITY retains sole and complete discretion to deny or modify any Attachment
Application in order to be able to preserve the safety, reliability, integrity, and effectiveness
of the electric distribution system that constitutes the core of its business and its
governmental mandate. CITY will approve, modify, or deny an Attachment Application
within 15 business days of submission. Licensee may request CITY to reconsider a denial or
modification of an Attachment Application. CITY may approve an Application as submitted,
approve it on a modified or conditional basis, or may deny the Application in accordance
with the policies adopted by CITY. An Application may be denied solely for the reason set
forth. The CITY's City Manager, or designee, may deny an application if:
1. the applicant fails to submit a complete Attachment Application;
2. the applicant fails to supplement its Attachment Application with additional
information or otherwise cooperate with the utility as requested in the evaluation
of the Attachment Application;
3. the applicant fails to pay the applicable Filing Fee;
4. the proposed attachments are of excessive size or weight or would
otherwise subject utility infrastructure to unacceptable levels of additional stress;
5. approval would jeopardize the reliability or integrity of the electric system
or of individual units of utility infrastructure;
6. approval would present a safety hazard to a City employee or the public;
7. approval would impair the City's ability to operate or maintain utility
infrastructure; or
8. approval would require an unacceptable change, upgrade, or addition to
utility infrastructure.
B. In the event that CITY intends to deny an Attachment Application based on sub-
paragraph numbers 1— 8 set forth In Paragraph 4.5(a) above, or for any other reason for
which denial is permitted by law, and the Pole may be modified or replaced to resolve that
issue, CITY shall approve the Attachment Application provided that:
1. the Licensee agrees to pay CITY's Costs to so modify or replace the Pole;
and
2. the Attachment Application is otherwise acceptable and grantable
pursuant to the terms and conditions of this Agreement and applicable law.
Provided, however, that nothing in this sentence abridges or modifies the
requirements set forth in paragraph 6.4.
4.6 d rf Evj Applications concerning a particular Pole will be considered and
acted upon by CITY in the order in which they are filed. For purposes of evaluating an Application
with respect to Pole capacity and existing Third Party User Attachments, CITY will consider not only
all existing attachments but also all valid Attachment Licenses and reserved CITY space.
4.7 fng)l2ggring Licensee shall submit documentation of its field evaluation using a CITY -
approved Licensee employee. CITY shall not unreasonably withhold, condition, or delay grant of
approval for a CITY -approved Licensee employee. CITY shall accept and rely on such documentation,
but shall reserve the right to perform, or have a firm retained by CITY perform, its own engineering
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and field evaluation including pole loading analysis. All Costs for such engineering and field
evaluation shall be paid by Licensee. With respect to a particular Pole, CITY's engineering shall take
into account and allow space for all Attachment Licenses, which are valid for that Pole. In granting
an Attachment License, CITY shall issue to Licensee the related Design Documents that were paid
for by the Licensee.
4.8 AtIgfin3gal LICCE)5g. E?SI211°pjjon All Attachment Licenses and Design Documents and any
rights conferred thereunder shall expire on the later of (i) 120 days after issuance (or such longer
period as the parties may agree to in writing) or (ii) 60 days after completion of all Make -Ready
work, unless all Make -Ready and installation work has occurred in accordance with the Design
Documents before the end of such period. If an Attachment License for a Pole expires, Licensee shall
re -apply, de novo, for an Attachment License and must receive such License from the CITY before
Licensee can begin working on or making an Attachment to that Pole.
ARTICLE 5
GENERAL REQUIREMENTS
5.1 Vork"" a fe In performing any work on or near Poles supporting energized electric
lines, Licensee, and its Contractors, agents and employees shall comply with Chapter 752 of the
Texas Health and Safety Code and all federal, state and local laws, rules and regulations,governing
work in proximity to energized electric lines, including without limitation, those promulgated by the
Occupational Safety and Health Administration. LICENSEE SHALL DEFEND, INDEMNIFY AND HOLD
HARMLESS CITY, ITS OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, CONTRACTORS, AND
SUBCONTRACTORS FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, SUITS AND JUDGMENTS
ARISING FROM OR CONCERNING A BREACH BY LICENSEE OF ITS OBLIGATIONS UNDER THIS
PARAGRAPH.
5.2 Electrical Code Licensee, and its Contractors, agents and employees, and all work, Contacts,
and Attachments on a Pole shall at all times comply with the -then current Electrical Code, as
applicable.
5.3 r)gI igLi I � �en�, All Make -Ready, installation, and other work performed by
Licensee on a Pole or Attachment shall at all times comply with the Design Documents and CITY
Distribution Construction Standards and CITY requirements subsequent to Make -Ready inspections.
5.4 rvjce InterrUglo i. Licensee shall not cause any interruption of CITY or Third Party User
services without first obtaining CITY's express written consent as provided by Article 6. If it is
necessary for CITY to de -energize any equipment or lines for Licensee's benefit, Licensee shall (a)
reimburse CITY in full for all Costs in doing so, and (b) coordinate any customer or system outages
with the CITY. In the event Licensee damages any of CITY's equipment or lines or causes any service
interruption, Licensee, at its sole expense, shall immediately do all things reasonable to avoid injury
and further damage, direct and incidental, resulting therefrom and shall notify CITY immediately.
Licensee shall be liable for all Costs resulting from such damage and any necessary repairs.
5.5 C1ly
. _gXCMjgbJ CITY shall have the right to conduct on -site field oversight and inspections
of Licensee's Attachments, work, and operations on CITY'S Poles, CITY may conduct pre -
construction surveys, and post -construction inspections at Licensee's expense and shall provide
13of57
Licensee with the results. CITY shall at all times have unrestricted access to Poles and to all field
work sites of Licensee and Licensee's Contractors. Both CITY and CITY's representative at any Pale
site shall have complete and final authority to order the immediate suspension of Licensee's
construction or installation activities if CITY or CITY's representative, in its sole discretion and
judgment, deems such action necessary for reasons of safety, engineering, electrical service
reliability, or failure to obtain proper licenses and permits. If an immediate suspension order is
issued, the CITY or CITY's representative shall have the right to inspect any and all facilities installed
up to that point on Licensee's Attachment submittal, at Licensee's expense. In the event of an oral
suspension order, CITY shall send written notice to Licensee within three (3) days after such
suspension, identifying the bases for suspension. Such suspension shall be in effect until such time
as the Licensee cures, at Licensee's sole Cost, the alleged bases for suspension. In no event shall
CITY be responsible for any damages, losses, or costs incurred by Licensee as a result of such work
stoppage. Licensee's failure to obey a suspension order issued in accordance with this Agreement
shall constitute a material breach of this Agreement.
5.6 Laws To the extent that the Code of the City of Denton lawfully requires Licensee to possess
a valid franchise or construction permit before engaging in a particular act, Licensee must comply
with such requirement before beginning Make -Ready construction or installing Attachments.
Nothing in this Agreement shall be construed as waiving other CITY requirements or permitting the
construction of facilities other than Attachments. Attachments must conform to local, state, or
federal law. Licensee's use of any Pole and Licensee's Attachments shall at all times conform to the
requirements of the CITY's Code of Ordinances, infrastructure usage regulations, and the published
policies promulgated by the CITY pursuant thereto.
5.7 Other Permits Licensee shall apply for and obtain all licenses, permits or other
authorizations required to provide its service or to use, operate or maintain its Attachments. If
Licensee is denied any required license, permit or authorization, Licensee may, upon written notice
to CITY, terminate any Attachment License granted hereunder that was predicated upon the grant
of such license, permit or authorization.
5.8 JgAg1_qnA_Q= Licensee shall pay all taxes and assessments lawfully levied on Licensee's
Attachments and any tax, assessments, fee, or charge levied on Poles solely because of their use by
Licensee. In no event shall Licensee permit any lien to be filed or to exist upon any Poles or CITY
property as a result of any claim against Licensee. Licensee shall promptly pay upon receipt of
written notice from CITY all such liens together with all fees and costs necessary to discharge same,
or shall bond around such liens in the manner provided by law.
5.9 Electrical Ii In the event of a difference, conflict, or discrepancy between or
among the requirements or practices of any Electrical Code or safety regulations, laws, or industry
standards the following rules shall apply: (A) if one specification or practice is more stringent than
the other, the more stringent shall apply; (B) if one is not more stringent than the other, the NESC
shall govern to the extent permitted by law; (C) if the first two rules are insufficient to resolve the
conflict in a clear and unambiguous manner, CITY shall determine which standard shall apply, giving
highest priority to safety considerations.
5.10 QpeNign Document CgafJj&U In the event of a difference, conflict, or discrepancy between or
among the requirements or practices of the Design Documents and CITY Distribution Construction
Standard, the Design Documents shall govern. In the event Licensee believes a Design Document or
14 of 57
CITY Distribution Construction Standard is inconsistent with Electrical Code or applicable law,
Licensee shall refer the matter to CITY for determination.
ARTICLE 6
MAKE-READY CONSTRUCTION
PART A - GENERAL PROVISIONS
6.1 P n C f Maiice-It All Make -Ready Work shall be performed by
the CITY and/or a contractor authorized by CITY to perform such work. All Make -Ready Costs shall
be borne solely by Licensee, including without limitation, costs of planning, engineering,
construction, and pole replacement or modifications, except as set forth in paragraphs 6.3, 6.4, and
6.5. CITY will advise Licensee of estimated Make -Ready Costs. Make -Ready Work will not commence
until Licensee has paid estimated Make -Ready Costs.
6.2 EiMMSDI of Mk -R ). W rk Upon completion of Make -Ready Work, CITY shall invoice
Licensee for CITY's actual cost of such Make -Ready Work. After completion of the Make -Ready Work
the actual Make -Ready Cost will be trued up against the estimated Make -Ready Costs payment.
6.3 °li Make -Ready Costs that are to be paid by Licensee include all costs and
expenses to relocate or alter the attachments or facilities of any pre-existing Third Party User as
may be necessary to accommodate Licensee's Attachment. CITY shall provide at least 30 days'
written notice to each Third Party User that needs to relocate or alter its facilities to accommodate
Licensee and attempt to make all other necessary arrangements directly with the affected Third
Party Users. CITY agrees to make best efforts to cause a Third Party User to relocate such Third Party
User's facilities, including declaring such Third Party User's facilities to be unauthorized, in
accordance with the terms of CITY's pole attachment agreement with such Third Party User, if the
Third Party Userfails to relocate its facilities within the time periods specified in the pole attachment
agreement between CITY and such Third Party User.
6.4 N r -C I Notwithstanding paragraphs 6.1 or 6.2, Licensee shall not
be liable for any cost or expense to modify, replace, relocate, or alter any attachments of CITY or a
Third Party User that do not comply with the Electrical Code or applicable law. Licensee shall notify
CITY if Licensee determines that any Third Party User attachments are out of compliance with the
Electrical Code or applicable law, and CITY shall use its best efforts to cause any Third Party User to
bring existing attachments into compliance within 30 days of such notice. If after 30 days the owner
of the out -of- compliance attachment has not completed its work and brought its attachment in to
compliance with the Electrical Code and applicable law, CITY shall declare such Third Party User's
facilities to be unauthorized, and CITY or Licensee may relocate or alter the Third Party User's
attachment at the Third Party User's expense. CITY shall use its best efforts to cause the Third Party
User to pay Licensee its costs and expenses for bringing such Third Party User's attachment in
compliance with the Electrical Code and applicable law.
6.5 le Re�laer�er� n M n °en i CITY shall change, modify, or replace any Pole, at
Licensee's request, unless such change, modification, or replacement will jeopardize the safety or
reliability of C11Y's electrical service. Except as otherwise provided in this paragraph, Pole
replacement Costs shall be borne by Licensee if Pole replacement is requested by Licensee or if,
because of insufficient capacity, approval of Licensee's Attachment Application first causes the need
15 of 57
for the Pole replacement. CITY agrees that if a Pole is broken, rotten, or not otherwise in compliance
with the Electrical Code or applicable law, standard Pole replacement costs shall be borne by CITY,
except for additional pole height above the height of the existing pole; or pole strength required to
accommodate Licensee's new attachments. If the non-compliance with the Electrical Code or
applicable law or the broken pole is the result of Licensee's actions or the actions of Licensee's
subcontractors, the Licensee shall be liable for the expense.
6.6 pole kjpgr, , Notwithstanding anything set forth in paragraph 6.4 with respect to
Licensee's responsibility to pay CITY's costs of changing, modifying, or replacing any Pole, CITY shall
continue its existing Pole maintenance, modernization, and upgrade program.
ARTICLE 7
INSTALLATION AND MAINTENANCE OF ATTACHMENTS
7.1 LnsJWJAL
qn Upon (A) completion of Make -Ready work, and (B) CITY's receipt of full payment
of all sums owing to CITY, if any, for engineering, Make -Ready, and other Costs in connection with
the applicable Pole, Licensee may affix its Attachments to the Pole as set forth in the Attachment
License and Design Documents.
7.2 ommunication_5pac+e Except as otherwise provided herein, all Attachments and Contacts
on a Pole must remain in the Communications Space. Licensee operations in the Supply Space or in
the space separating the Communication and Supply Spaces are prohibited. The Communications
Space includes the space reserved for each attachment on a given pole. Each attachment or space
reserved in the Communications Space shall have a maximum size of twelve (12) inches. Each thru-
bolt type Attachment where the Pole is drilled and bolted to support cable and messenger or band
used to support cable or messenger shall maintain a minimum of 12" vertical separation from
adjacent bolts or bands.
7.3 Mainte an e, Licensee shall, at its sole expense, make and maintain its Attachments in a
safe condition and in good repair including maintain tree trimming and clearances, and in such a
manner as to not interfere with or interrupt CITY's lines, facilities, and services or with Third Party
User attachments, facilities, and services.
7.4 N9_pan= Licensee shall not cause damage to CITY or Third Party User facilities or
operations. If Licensee, its Contractors, agents, employees, or Attachments cause damage to CITY
or Third Party User facilities or operations, Licensee assumes all responsibility for, and shall, as
determined by CITY, either repair or promptly reimburse CITY or the Third Party User for all direct
loss and expense caused by such damage. Licensee shall immediately inform CITY and all damaged
Third Party Users of any damage to their facilities.
7.5 5agand Mid-5oane ~ s Licensee shall leave proper sag in its lines and cables and shall
observe the established sag of power line conductors and other cables so that during the life of the
Attachment minimum clearances are (A) achieved at Poles located on both sides of the span and
(B) maintained throughout the span. A minimum clearance between surfaces must be maintained
between Licensee's and others' Cables at mid -span and between Licensee's and others'
Attachments and Pole Contacts on the Poles. Licensee will correct any clearance violations caused
by its facilities or attachments. In no event will Licensee be responsible for clearance violations
16 of 57
caused by any other party, including CITY. Licensee will be responsible to resolve or remedy any
incident where their Attachments fail to comply with Electrical Code safety clearance standards.
7.6 ClivnblngSpag An unobstructed climbing space must be maintained at all times on the face
of all Poles as required by Electrical Code, as well as adequate ground access to Poles. All
Attachments must be placed as to allow and maintain a clear and proper climbing space. Licensee
shall place its Attachments on the same side of the Pole as the majority of existing Attachments, if
any. Licensee is prohibited from Boxing on CITY poles. Notwithstanding the foregoing, in no event
will Licensee be responsible for climbing space violations caused by any other party, including CITY.
7.7 J&XJMEach Attachment shall be identified at all times by an identifying marker at each
pole approved by CITY that, at minimum, (A) is permanent in duration and not degradable by rain
or sunlight (B) has coloring and numbering or lettering unique to Licensee, and (C) is capable of
being read unaided from the ground by a person with normal vision.
7.8 LrIg TrIMOiLqg,Licensee shall be responsible for all tree trimming necessary for the safe
and reliable installation, use, and maintenance of its Attachments, and to avoid stress on Poles
caused by contact between tree limbs and Licensee's Attachments. All tree trimming shall be
performed in accordance with the -then current CITY tree -trimming policies (to the extent not
inconsistent with the terms and conditions of this Agreement), including without limitation those
relating to owner notification and consent. The Licensee shall immediately resolve any citizen
complaint of tree trimming related to the Licensee's Attachments to the satisfaction of the CITY.
7.9 I r Licensee shall provide all anchors and guying necessary to
accommodate the additional stress and load placed upon a Pole by its Attachments. Anchors, guys,
and guy guards shall be in place and in effect prior to the installation of Attachments, cables, or any
other facilities on a Pole. Licensee shall not attach to any CITY anchors or guying. Anchors shall not
be placed outside of the easement in which a Pole stands.
ARTICLE 8
MODIFICATION OF ATTACHMENTS
8.1 N9 Upauth!ariledif Igallons Except for routine modifications as provided in Section 8.2,
Licensee shall not change the type, nature, or location of any Attachment or alter its use of a Pole
without prior written CITY consent. Any such unauthorized modifications shall be deemed an
Unauthorized Attachment and the remedial provisions in Article 10 (Unauthorized Attachments)
shall apply.
8.2 Boutine Licensee does not need CITY consent for (A) changes incident to
routine maintenance and repair; (B) installations of Service drops; (C) removal of Licensee's
Attachments; or (D) upgrades of existing equipment that do not materially alter pole loading or pole
space utilization.
8.3 CIJY M e d i i Within 30 calendar days of written request by CITY or within
such other mutually agreed upon timeframe, Licensee shall move or rearrange its Attachments in
order to maximize the usable available Pole space and/or to accommodate CITY facilities. Licensee
shall do so at its sole cost and risk, except that Licensee shall not be responsible for any costs or
17 of 57
expenses incurred to relocate or alter its Attachments to accommodate the Make -Ready work of
other Third Party Users. If Licensee fails or refuses to comply with the directions of CITY to change,
alter, improve, move, remove or rearrange any of its Attachments in accordance with this
Agreement, CITY may then opt to change, alter, improve, move, remove or rearrange such
Attachments without incurring any liability, except as provided in Article 16, to Licensee and at
Licensee's sole cost and risk, or CITY may proceed under Article 13 of this Agreement.
8.4 &j1 r - nci In case of an Emergency, including electrical service restorations, CITY may
move, rearrange or transfer Licensee's Attachments, without notice and without liability to Licensee
or to any other person, except as provided in Article 16. Licensee shall be responsible for all Costs
and shall reimburse CITY for the costs CITY incurs relating to such work within forty-five (45)
calendar days of the date CITY sends Licensee an invoice for such work. An "Emergency" is a
condition that: (i) poses an immediate threat to the safety of utility workers or the public; (ii)
materially and adversely interferes with the performance of CITY or another Third Party User's
service obligations; or (iii) poses an immediate threat to the integrity of CITY or another Third Party
User's Poles or equipment. As soon as practical thereafter, CITY shall notify Licensee of such events
and actions.
8.5 I3estro ed oIgs; If any Pole on which Licensee has an Attachment is substantially destroyed
or damaged by fire, storm, accident, or otherwise, CITY shall be under no obligation to rebuild or
replace such Pole, but may elect to terminate Licensee's Attachment License for such Pole without
any liability to Licensee. CITY shall notify Licensee in writing of a termination under this paragraph,
and Licensee shall be entitled to a pro-rata refund of any prepaid but unearned Annual Usage
Charge attributable to the Attachments on such damaged or destroyed Pole. Nothing herein shall
prohibit Licensee from repairing or replacing such damaged or destroyed Poles at Licensee's sole
cost and expense if: (A) CITY elects not to repair or replace same, and (B) Licensee is permitted to
do so under the City Code, the terms of Licensee's franchise, if applicable, and any applicable
easements.
8.6 Pole Transfers
A. Licensee and CITY expressly agree that for the orderly management of public rights -
of -way and aesthetic considerations, double or multiple poles shall be prohibited if a new
Pole contains sufficient carrying capacity to support existing Pole attachments. If CITY
replaces an existing Pole supporting an Attachment with a new Pole, CITY will provide at
least 30 days' advance written notice to Licensee that Licensee must transfer its Attachment
to the new Pole except for emergencies. If mutually agreed upon and if reasonably feasible
and safe to do so, CITY will transfer the Attachment to the replacement Pole when CITY
transfers its own lines and facilities. Licensee may also notify the CITY in writing within 15
days of the notice that it does not desire to occupy the new Pole. Failure of Licensee to
timely respond to CITY's notice shall be deemed an election to occupy the new Pole. If
Licensee opts not to occupy the new Pole, Licensee shall remove its facilities from CITY'S
Pole within 30 days from the date the replacement pole is installed and ready for use and
Licensee's Attachment License to the replaced Pole shall terminate as of the date of
replacement and as liquidated damages to CITY for Licensee's failure to remove Licensee's
attachments from the replacement pole the Usage Rates for such Pole shall be two times
(2x) the Annual Usage Fee, starting 30 days after the date of replacement. Should the
existing pole upon which Licensee's facilities remain attached become damaged or rotten,
K
the City shall not be responsible for its replacement and the Licensee will need to make
other arrangements for their facilities. Licensee shall not be entitled to a refund of any
Annual Usage Charge as a result. For each Attachment transferred by CITY, Licensee shall
pay a transfer Fee as set forth in Exhibit A, unless the transfer is the result of a Third Party
User attachment request, in which case the Third Party User will pay for Licensee's transfer.
B. All Poles, including any new Poles that may be required, shall be installed in the
same line of existing poles unless it is infeasible to do so either safely, technically, or legally.
8.7 Relocatlon Upon at least 60 days advance written notice, Licensee agrees that it will bear
all actual and reasonable Costs associated with the relocation or re-routing of its Attachments in
the event CITY facilities are removed from a Pole. In such event, CITY shall be under no obligation
to maintain any Poles that no longer support CITY lines and may remove Licensee's Attachments
when removing the abandoned Pole at Licensee's sole Cost and risk if Licensee fails to relocate its
facilities in a timely manner. City is not responsible for any negotiations for reimbursement for
developer related relocations.
8.8 MadqLqLQuqd C i Upon written notice, Licensee agrees that it will bear all Costs
associated with the relocation or re-routing of its Attachments in the event CITY facilities are
removed from a Pole and re-routed through underground conduits. In such event, CITY shall be
under no obligation to maintain any Poles that no longer support CITY supply lines and may remove
Licensee's Attachments when removing the abandoned Pole at Licensee's sole Cost and risk. CITY
will afford Licensee the opportunity to relocate underground, at Licensee's expense, where
reasonably practicable.
ARTICLE 9
INVENTORY, INSPECTIONS, ANNUAL REPORTING, RIGHT TO AUDIT
9.1 Right to Inspect,CITY may inspect Licensee's work and Attachments at any time. CITY may
conduct these inspections for any purpose relating to this Agreement, including without limitation:
(A) determining compliance with the Design Documents or other design and installation
requirements; or (B) determining compliance with Electrical Code. The making of an inspection by
CITY shall not operate in any way to relieve Licensee or Licensee's insurers of any responsibility,
duty, obligation, or liability under this Agreement or otherwise, nor does CITY's ability to make
inspections relieve Licensee from its obligations to exercise due care in the operation and inspection
of its Attachments. Further, by conducting any inspection CITY is not responsible for the design,
installation, or maintenance of Licensee's facilities or for any damages in anyway related to
Licensee's Attachments to CITY'S Pole.
9.2 gg Lnglliac a In the event any inspection of an existing Attachment reveals that corrections
or other actions are required of Licensee under this Agreement, including without limitation those
required for reasons of safety or structural integrity, Licensee shall make such corrections or take
the requested actions within 30 days after the date CITY sends Licensee a written notice informing
Licensee of the corrections to be made. If such corrections cannot be made within 30 days, the
parties will agree on a mutually acceptable timeframe. CITY may also perform such work without
notice, at Licensee's sole Cost and risk, except as provided in Article 16, if CITY determines in its
reasonable judgment and discretion that an Emergency does not permit full advance notice to
Licensee. If Licensee fails or refuses to comply with the directions of CITY, the Attachment License(s)
19 of 57
for the Attachments in question shall be terminated. In no event will Licensee be responsible for
corrections of violations caused by another party, including CITY. CITY may opt to change, alter,
improve, move, remove or rearrange such Attachments without incurring any liability to Licensee,
except as provided in Article 16, and at Licensee's sole Cost and risk, or proceed under Article 13 of
this Agreement.
9.3 5 rn- i Not more than once every 3 years, nor less often than once every
10 years, CITY may, but is under no obligation to, conduct a system -wide inventory of all Licensee
Attachments and Third -Party User attachments on its Poles, for which Licensee shall bear its
proportionate share of Costs with all other Licensee's and Third Party Users. CITY will notify Licensee
at least 90 days in advance of the times and places of such inventory, and Licensee may have
representatives accompany CITY on the inventory. CITY may use the results of the inventory for
purposes of calculating the Annual Usage Charge, but may also rely upon geographical grids or other
mutually agreeable census to determine the correct count.
9.4 nnu ` Licensee shall report the following to CITY no later than
October 31 of each year:
A. List of Installations The Licensee shall provide a list of specific Poles (by CITY Pole
number, if available) on which the Licensee has installed, during the relevant reporting
period, Attachments and Service Drops, or any other facility.
B. List of Non -Functional Attachments The Licensee shall provide a list of all
or mm. .........
Attachments �
other installations that have either become non-functional, surrendered,
or for which the Licensee is no longer paying under the Annual Usage Charge during the
relevant reporting period. The report shall identify the specific Pole (by CITY Pole number,
if available) on which the nonfunctional Attachment or installation is located and provide a
description of the nonfunctional equipment.
C. Removed i uipment The Licensee shall provide a list of any equipment removed
(and not replaced by substantially similar equipment) from specific Poles (by CITY Pole
number, if available) during the relevant reporting period. The report shall identify the Pole
from which the equipment was removed, a description of the removed equipment, and
indicate the approximate date of removal.
D. Failure„ to Rep;<Lq Failure of a Licensee to provide CITY the required annual
information within forty-five (45) calendar days following issuance of written notice by CITY
shall result in CITY suspending all work on the Licensee's Applications which may be in
processor maybe submitted after the suspension date. Within three (3) business days of
CITY receiving the required annual information, CITY shall resume processing the
Licensee's Applications in the order that they were initially received by CITY.
9.5 i l t- Aq Al The Licensee grants the CITY, or its designees, the right to audit, examine or
inspect, at the CITY's election, all of the Licensee's records relating to number and types of
Licensee's Attachments during the term of the agreement and retention period herein. The audit,
examination or inspection may be performed by a CITY designee, which may include its internal
auditors or an outside representative engaged by the CITY. The Licensee agrees to retain its records
for a minimum of four (4) years following termination of the agreement, unless there is an ongoing
20 of 57
dispute under the agreement, then, such retention period shall extend until final resolution of the
dispute. "Licensee's Records" include any and all information, materials and data of every kind and
character generated as a result of the work under this agreement. Example of Licensee records
include but are not limited to billings, books, general ledger, cost ledgers, invoices, production
sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders,
leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,
vouchers, memoranda, policies, procedures, and any and all other agreements, sources of
information and matters that may in the CITY's judgment have any bearing on or pertain to any
matters, rights, duties or obligations under or covered by the agreement. The CITY agrees that it will
exercise the right to audit, examine or inspect only during regular business hours. The Licensee
agrees to allow the CITY's designee access to all of the Licensee's Records, Licensee's facilities, and
current or former employees of Licensee, deemed necessary by CITY or its designee(s), to perform
such audit, inspection or examination. Licensee also agrees to provide adequate and appropriate
work space necessary to CITY or its designees to conduct such audits, inspections or examinations.
CITY will sign a mutually agreed confidentiality agreement before any such audit. Licensee must
include this audit clause in any subcontractor, supplier or vendor contract for work performed on
the Pales.
ARTICLE 10
UNAUTHORIZED ATTACHMENTS
10.1 MnayLicensee shall not place any Attachments on a Pole or other
CITY infrastructure except as authorized by an Attachment License. If one or more Unauthorized
Attachments are discovered, Licensee shall comply with this Article 10 or, if Licensee fails to comply,
CITY may, but shall not be required to, remove the Unauthorized Attachment without incurring any
liability to Licensee and at Licensee's sole Cost, as described in this paragraph 10.1. With respect to
any Unauthorized Attachment, CITY may opt to:
A. Require that Licensee remove such Unauthorized Attachment upon written notice
or, if Licensee fails to do so as described in part B of this paragraph 10.1, remove such
Attachment at Licensee's sole Cost and risk; or
B. Require that Licensee pay all costs to correct any Code or other violation, all
inspection and engineering costs to field -check necessary Poles, Unauthorized Attachment
Fees, with interest, for each unauthorized Attachment (as shown in Exhibit A Pole
Attachment Charges), and submit an Application for each such Unauthorized Attachment,
together with the then -current Filing Fee and Annual Usage Charge for the current year. If
such penalty fees, Application, and charges are not received by CITY within 30 days of notice
of the Unauthorized Attachment, or such reasonable time under the circumstances, CITY
may then opt to remove Licensee's Unauthorized Attachments pursuant to Part A. of
paragraph 10.1. CITY reserves the right to immediately remove any Unauthorized
Attachments that, in the CITY'S sole opinion, pose an imminent danger to electrical utility
operations or the public.
10.2 Re ed,J1k,,QjMuIaJivM The remedies afforded CITY under this Article 10 are in addition to
any civil or criminal penalties provided by City Ordinance, as amended.
10.3 ifica "A_AND &JL rn No act or failure to act by CITY with respect to an
21 of 57
Unauthorized Attachment or any other unauthorized use of CITY Poles or property shall be
considered to be a ratification, licensing, or permitting of the unauthorized use, irrespective of any
otherwise applicable doctrine of waiver or laches.
10.4 Excessive Unauthorized AtIgibMSM Following the first audit after the Effective Date, if
CITY determines that Licensee has made more than 30 Unauthorized Attachments cumulatively
during any Contract Year, Licensee shall be considered to be in material breach of this Agreement
and CITY retains the right to terminate this Agreement and require removal of Licensee's
Attachments in accordance with Article 13 of this Agreement. Licensee herein reserves the right to
challenge any such termination and maintain its Attachments until such challenge is exhausted.
ARTICLE 11
ACCESS TO CONDUIT AND DUCTS
11. 1 Scone Nothing in this Agreement require, or shall be construed as to require CITY to provide
Licensee with access to CITY's electrical Ducts and Conduits.
ARTICLE 12
CUSTOMER INTERACTION
12.1 Purpose Licensee acknowledges that the scope of its proposed project and the amount of
Make -Ready construction and Attachment installation it intends to undertake underthis Agreement
will require Licensee to make extensive and repeated intrusions onto the private property of CITY
customers in order to access Poles. The purpose of this Article is to establish minimum standards of
conduct with respect to property owners and CITY customers.
12.2 ICI e : C Before engaging in electrical Make -Ready or installation work on the
property of a CITY customer (except for connections or disconnections of customer's service or
doing maintenance on existing Licensee facilities), Licensee shall, at minimum:
A. Provide CITY's Electric Utility Dispatch Center, (940) 349-7644, or such other
department or division and number as CITY from time to time may designate, with notice
of the times, locations, and nature of the work to be performed;
B. Require all field crews, and those of its Contractors, to carry and distribute upon
request information packets explaining in detail the nature, extent, and purpose of the work
being done and listing the telephone number and web site where additional information
can be found;
C. Establish and maintain a call -center telephone number during all hours during
which field work is being done that is staffed by knowledgeable personnel who can answer
and resolve customer questions and complaints in a timely manner concerning the work
being done on their premises;
D. Require all field crews to wear I.D. badges that identify themselves as employees or
Contractors of Licensee;
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E. Have all vehicles used in field work bear the logo(s) of Licensee's Contractors or
Licensee; and
F. Have readily available, during all hours in which field work is being done, one or
more knowledgeable personnel who can communicate with and assist the City Manager's
Office and City Council members regarding property owner complaints, and also have
available qualified personnel to conduct on -site resolution of property owner complaints.
12.3 hlo ITY ffiliatfl Licensee, and its employees, Contractors, and agents shall not at any
time represent themselves to the public, any CITY customer, or any resident as being associated
with, having the permission of, or having been requested by the City of Denton to be on private
property. Licensee shall inform any such persons that it is allowed to work on CITY Poles by virtue
of state and federal law, not by voluntary association with the City of Denton.
12.4 rvi a tlon. If applicable, Licensee shall provide written notice to affected CITY
customers of any planned electrical service interruptions by Licensee's contractors that will affect
them not less than 48 hours in advance of such interruption. Such notice shall contain the specific
dates and times for such interruptions and the reasons therefor.
ARTICLE 13
TERMINATION
13.1 1grminationif A h Attachment Licenses for specific Attachments shall
terminate upon any of the following events or conditions:
A. Licensee has not completed all necessary Make -Ready work and Attachment
installation within the later of (i)120 days from issuance of the Attachment License (or such
longer period as the parties may agree in writing); or (ii) 60 days after completion of all
electrical Make -Ready work, unless Licensee and CITY agree in writing for a longer period;
B. Licensee removes the Attachment other than in the course of routine maintenance
or replacement;
C. Licensee ceases to offer services, or provides services unlawfully, through the
Attachment;
D. Licensee fails to comply with paragraphs 8.3, 8.7 or 9.2 of this Agreement, except
as otherwise provided by those paragraphs.
13.2 i l f_ Except in the case of a good faith dispute between the Parties, if
Licensee fails either to make any payment required under this Agreement, or to perform timely any
material obligation under this Agreement, and such default continues for 30 days after the date the
payment or performance is due if such cure can reasonably be completed within thirty (30) days,
and if not, such cure has commenced and is being diligently and consistently pursued then, in
addition to any other available right or remedy, CITY may, upon written notice to Licensee,
immediately suspend all Attachment Licenses of Licensee hereunder until such time as the default
23 of 57
is cured. The payment under protest of a disputed amount in order to avoid, or lift, suspension of
Attachment Licenses shall not prejudice the rights of Licensee to continue the payment dispute. A
suspension of Attachment Licenses under this paragraph shall not prevent Licensee from operating,
maintaining, repairing or removing its existing Attachments, but Licensee shall not install any new
or additional Attachments or make any changes to existing Attachments (except for removal or
routine repair or maintenance necessary to continue to provide services to then -existing Licensee
customers) during the period of suspension.
13.3 IgErnination oL6gLqjxMe t
j1_0ySM, If Licensee fails either to pay any undisputed payment
required under this Agreement, including timely payments to Contractors for Make -Ready Work, or
timely perform any material obligation under this Agreement, and if such default has not been cured
within three months of Licensee's receipt of written notice of default, or if such cure cannot
reasonably be completed in three months, cure has commenced and has been continuously and
diligently pursued, CITY may terminate this Agreement and all Attachment Licenses upon written
notice to Licensee. Upon receipt of a notice of termination, Licensee shall promptly begin the
process of removing all Attachments from specified Poles. All such Attachments shall be removed
within 90 days after the date of the notice of termination, or within such time as CITY may agree.
Until all of Licensee's Attachments are removed, Licensee shall continue to comply with all of the
terms of this Agreement and perform all of its duties and obligations hereunder, including without
limitation the obligation to pay Annual Usage Charges for its Attachments. Such payment by
Licensee or acceptance by CITY of Annual Usage Charges shall not act to cure the default that
triggered the termination nor shall it reinstate this Agreement or Licensee's Attachment Licenses
hereunder.
13.4 Failure to R n ove AttachMents If Licensee has not removed all its Attachments within the
period of time specified in the preceding paragraph, or such additional period of time granted by
CITY in writing, then CITY may remove Licensee's Attachments at Licensee's sole Cost and risk, in
which event Licensee shall pay to CITY as liquidated damages, and not as a penalty, for the use and
occupancy of CITY Poles a sum equal to five times (5x) the monthly Usage Rate for each Attachment
or Pole Contact for each month (or part thereof) until all such Attachments or Pole Contacts have
been removed, in addition to the Annual Usage Fee. Alternatively, CITY may, In its reasonable
discretion and upon written notice to Licensee, deem the Attachments to have been abandoned
and assume ownership thereof.
13.5 JCio f Li a Licensee may terminate this Agreement upon 60
days written notice to CITY, in which event all Attachments shall be removed within 120 days after
the date of the notice of termination or within such other time as CITY agrees. Until all of Licensee's
Pole Attachments are removed, Licensee shall continue to comply with all of the terms of this
Agreement and perform all of its duties and obligations hereunder, including without limitation the
obligation to pay Annual Usage Charges for its Attachments. Termination by Licensee during a
Contract Year shall not relieve Licensee from payment for the full Annual Usage Charge for that
Contract Year or any other sums that it owes CITY.
13.6 Survival Licensee's obligations under this Article 13 shall survive termination of this
Agreement.
sm
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14.1 r" IC sen The rights granted by this License Agreement inure to the
benefit of Licensee and shall not be assigned, transferred, sold or disposed of, in whole or in part,
by voluntary sale, merger, consolidation or otherwise by force or involuntary sale, without the
express prior written consent of the CITY, which consent shall not be unreasonable withheld,
delayed or conditioned.
14.2 Lin f r of Lice A - re Notwithstanding the provisions of Section 14.1, a transfer
of this License Agreement may occur without CITY approval in the following circumstance: (i) an
assignment or transfer to entities that control, are controlled by, or are under common control with
Licensee, or (ii) the acquisition of all or substantially all of Licensee's assets in the Denton, Texas
market by reason of a merger, acquisition or other business reorganization. In order to effect an
assignment of this License Agreement as listed in (i) and (ii) above without CITY approval, the
Licensee must provide the CITY a Notice of Assumption at least thirty (30) days prior to the
assignment which contractually binds the purchasing or acquiring party to meet all the obligations
of this License Agreement.
14.3 instituillopal Mgrtgagpe or Le Licensee may also assign this License Agreement,
without CITY's consent and without prior notice to CITY, to an institutional mortgagee or lender
providing financing to Licensee with respect to Licensee's Attachments, DAS Network or Network
Facilities in the event such institutional mortgagee or lender exercises its foreclosure right against
Licensee and operates the Attachments, DAS Network or Network Facilities; provided such
institutional mortgagee or lender is capable of assuming all of the obligations of the Licensee under
this License Agreement and further provided that any assignment will not be effective against CITY
unless and until written notice of such assignment and exercise of rights is provided to CITY.
14.4 AsLjgnOj&njLy_M CITY may assign this Agreement in whole or in part without the consent
of Licensee. CITY shall give Licensee written notice of the transaction within ten days after closing.
ARTICLE 15
SURETY
15.1 Pavrnent Bond Within 30 days of the Effective Date of this Agreement, Licensee shall
provide a payment bond in the amount of $5,000 for the first 100 Poles for which Application has
been made. The payment bond will serve as security for the faithful payment of all of Licensee's
obligations for contracts, subcontracts, work, labor, equipment, supplies, and materials performed
under this Agreement. The payment bond shall be issued by a solvent company authorized to do
business in the State of Texas, and shall meet any other requirements established by law or by the
City pursuant to applicable law. During the course of this Agreement, Licensee shall maintain such
bond in the amount of $5 for each Pole for which an Attachment Licensee has been granted but for
which Make -Ready work has not been complete for more than 90 days.
15.2 Egjf2Lmgrj&V Bong Within 30 days of the Effective Date of this Agreement, Licensee shall
provide a Performance Bond in the amount of$50,000 for the first 5,000 Poles for which Application
is made, to guarantee the performance of Licensee's obligations under this Agreement, including,
but not limited to, the removal of Licensee's Attachments upon termination of this Agreement.
Licensee agrees to maintain the performance bond in full force and effect during the entire term of
this Agreement and until CITY is reimbursed for all Costs incurred as a result of removing Licensee's
Attachments upon termination of this Agreement. The performance bond shall be issued by a
solvent company authorized to do business in the State of Texas, and shall meet any other
requirements established by law or by the City pursuant to applicable law. The amount of the bond
or financial security does not operate as a limitation upon obligations of the Licensee under this
Agreement.
ARTICLE 16
LIABILITY AND INDEMNITY
16.1 Q1XJjAb&W CITY reserves to itself the right to maintain and operate its Poles In such
manner as will best enable it to fulfill its own service requirements. CITY shall not be liable for any
damages incurred by Licensee for damage or interruption to its Attachments except for actual repair
costs caused by the gross negligence or intentional misconduct of CITY; provided, however, that
CITY shall not be liable to Licensee for material or financial loss resulting from any interruption of
Licensee's service orfor interference with the operation of Licensee's Attachments. NEITHER PARTY
SHALL BE LIABLE TO THE OTHER PARTY, ANY THIRD PARTY, OR ANY CUSTOMER OF THE OTHER
PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING IN
CONNECTION WITH THE USE OF OR DAMAGE TO, LICENSEE'S FACILITIES, OR THIS AGREEMENT.
16.2 No Warranties by CITY Licensee is expected to inspect the Poles on which its Attachments
will be placed and shall rely solely on such inspection to determine the suitability of the Poles for its
purposes. CITY DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY EXPRESS OR IMPLIED
WARRANTIES CONCERNING ANY POLE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSEE ACCEPTS THE USE OF ALL
POLES AS IS -WHERE IS, AND WITH ALL FAULTS, EXCEPT AS OTHERWISE PROVIDED HEREIN.
16.3 qqarq Pql!n Licensee acknowledges and agrees CITY does not warrant the condition or
safety of CITY's Poles, or the premises surrounding the Poles, and LICENSEE HEREBY ASSUMES ALL
RISKS OF, AND INDEMNIFIES CITY FROM, ANY DAMAGE, INJURY OR LOSS OF ANY NATURE
WHATSOEVER CAUSED BY LICENSEE'S, OR LICENSEE'S CONTRACTORS' OR SUBCONTRACTORS' USE
OF THE POLES AND ASSOCIATED FACILITIES AND EQUIPMENT ON, WITHIN, OR SURROUNDING THE
POLES. Licensee expressly agrees it will undertake responsibility for inspecting and evaluating the
condition of any Pole before allowing any employees, whether those of Licensee or Licensee's
Contractors or Subcontractors, to climb or otherwise work on such Pole. If Licensee discovers any
Poles that are rotten or otherwise unsafe for climbing or for Attachment installation, Licensee shall
report any unsafe condition to CITY immediately. Licensee further acknowledges CITY does not
warrant all poles are properly labeled, and agrees CITY is not liable for any injuries or damages
caused by or in connection with missing labels or otherwise improperly labeled poles. Licensee
further agrees to notify CITY immediately if labels or tags are missing or otherwise improper.
16.4 Pa .gUL Licensee acknowledges in performing the work
contemplated by this Agreement, Licensee and its agents, servants, employees, Contractors and
Subcontractors will work near electrically energized lines, transformers, and other electrical
equipment, and it is the intention the power flowing through such facilities will not be interrupted
except by CITY. Licensee shall ensure its employees, servants, agents, Contractors and
Subcontractors have the necessary qualifications, skill, knowledge, training, and experience to
protect themselves, their fellow employees, employees of CITY, and the general public, from harm
or injury while performing work permitted by this Agreement. In addition, Licensee shall furnish its
I
employees, and shall require its agents, Contractors and Subcontractors to furnish their employees,
with competent supervision and sufficient and adequate personal protective equipment, tools and
other equipment for their work to be performed in a safe manner. Licensee further warrants it is
apprised of, conscious of, and understands the imminent dangers (INCLUDING SERIOUS BODILY
INJURY OR DEATH FROM ELECTROCUTION OR FALLS) inherent in the work necessary to make
installations on CITY's Poles by Licensee's employees, servants, agents, Contractors and
Subcontractors, and accepts as its duty and sole responsibility to notify and inform Licensee's
employees, and to require its agents, Contractors and Subcontractors to inform their employees of
such dangers and to keep them informed regarding same.
16.5 DjcLaLMe biliW CITY shall not at any time be required to pay from its own funds for
1gLpLLja___
injury or damage occurring to any person or property from any cause whatsoever arising out of
Licensee's construction, reconstruction, maintenance, repair, use, operation, condition or
dismantling of Licensee's system or Licensee's provision of service.
16.6 Indemnification Subject only to paragraph 16.10, Licensee shall, at its sole cost and
expense, fully indemnify, defend and hold harmless CITY and all associated, affiliated, allied and
subsidiary entities of CITY, whether existing now or in the future, and each of their respective
officials, officers, departments, agencies, counties, boards, representatives, employees, agents,
volunteers, contractors, subcontractors and attorneys (CITY and such other persons and entities
being collectively referred to herein as "Indemnitees"), from and against:
A. Any and all liabilities, obligations, damages, penalties, claims, liens, costs,
charges, losses and expenses (including, without limitation, reasonable fees and expenses
of attorneys, expert witnesses and consultants), which may be imposed upon, incurred
by or be asserted against the Inclemnitees by reason of any actor omission of Licensee,
Its personnel, employees, agents, contractors, subcontractors or Affiliates, resulting in
economic harm, personal Injury, bodily injury, sickness, disease or death to any person or
damage to, loss of or destruction of tangible or intangible property, libel, slander, invasion
of privacy and unauthorized use of any trademark, trade name, copyright, patent, service
mark or any other right of any person, firm or corporation, which may arise out of or be
in any way connected with the construction, reconstruction, Installation, operation,
maintenance or condition of Licensee's Facilities or other property of Licensee or its
Affiliates and any other facilities authorized by or Permitted under this Agreement; the
release of hazardous substances, or; the failure to comply with any Federal, State or local
statute, law, code, ordinance or regulation.
B. Any and all liabilities, obligations, damages, penalties, claims, liens, costs,
charges, losses and expenses (Including, without limitation, reasonable fees and expenses
of attorneys, expert witnesses and other consultants), which are imposed upon, Incurred
by or asserted against the Indemnitees by reason of any claim or lien arising out of work,
labor, materials or supplies provided or supplied to Licensee, its contractors or
subcontractors, for the Installation, construction, reconstruction, operation or
maintenance of Licensee's Facilities (and any other facilities authorized by or
Permitted under this Agreement or provision of Communications Services or other
services authorized by or Permitted under this Agreement), and, upon the written request
of CITY, Licensee shall cause such claim or lien covering CITY's property to be discharged
or bonded within thirty (30) days following such request.
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C. Any fall liabilities,obligations,damages,penalties,costs,
ck2♦ f f f f f 4 i f enses
ofattorneys,and f be f i f<upon,
f ! f• fi f f f ! f f
byLicenseeor Affiliates for f f ofthe commonor or
regulatiit of of or the United States, includingthoseof f,,,
Securities fExchangeCommission, byLicenseeor otherwise.
D. All acts or omissions by Licensee or its Contractors done In the course of Make-
f .:
E. Any work performed by CITY that was necessitated by the installation,
1 • f ! or Cwork this
Agreement1 to perform 4: behalf.
F. Allclaimsor faction for damage to property or to or death
unaer any pian Tor employeesWi—saffffWana Main deneTtIs, ansingf 1 f
repair,presence,f f or f of
or ami oxner i nurb f f
Poles.
G. Allclaimsor ofactionfor property damage,bodily injury or death
f of performance or nonperformanceofany workor obligation f by
Licensee pursuant 4 this Agreement.
H. Any occurrence '% f toerection,repair,presence,
relocation,or f of Attachments, Includingliabilities
Tited States. State
1. A violation of any state or federal law arising out of Licensee's erection,
maintenance, repair, presence or use, relocation, transfer or removal of Licensee's
Poles, t 4 fresult ofa violationofa statuteby CITY or the
Licensee solely or f fthereof.
1. Claims of governmental bodies,property owners or
does fhave a sufficient rightor f for placingf maintaining Licensee's
facilities at the locations of poles owned by or joint
K. Claims for taxes or special charges by others that arise directly or indirectly from
ihe construction, or operation
L. Claims or causes of action caused by or relating in any manner to a breach of this
Agreement or a failure to follow the terms of this Agreement by Licensee or its agents and
employees or by Licensee's Contractors or their agents and employees.
M. All claims or causes of action of Third Party Users alleging interference from
Licensee's Attachments or damage to Third Party User Attachments or facilities.
N. All claims or causes of action relating to Licensee's use of its Attachments,
Including without limitation claims of libel and slander and claims based upon
Infringement of intellectual property rights.
0. Licensee's obligations to indemnify Indemnitees under this Agreement shall not
extend to claims, losses, and other matters covered hereunder that are caused or
contributed to by the negligence of one or more indemnitees. In such case the obligation
to indemnify shall be reduced in proportion to the negligence of the Indemnitees. By
entering into this Agreement, CITY does not consent to suit, waive its governmental
Immunity or the limitations as to damages contained in the Texas Tort Claims Act.
P. This Section 16.6 Survives the termination of this License Agreement.
16.7 Asion f isk Licensee undertakes and assumes for its officers, agents, contractors
and subcontractors and employees (collectively "Licensee" for the purpose of this Section), all risk
of dangerous conditions, if any, on or about any CITY -owned or controlled property, the streets and
public ways, and Licensee hereby agrees to indemnify and hold harmless the Indemnitees against
and from any claim asserted or liability imposed upon the Indemnitees for personal injury or
property damage to any person (other than from Indemnitees' gross negligence) arising out of
Licensee's installation, operation, maintenance or condition of the Communication Facilities or
other facilities or Licensee's failure to comply with any Federal, State or local statute, law, code,
ordinance or regulation.
16.8 PgJSDW gfJnAg1nDJ= In the event any action or proceeding shall be brought against the
Indemnitees by reason of any matter for which the Indemnitees are indemnified hereunder,
Licensee shall, upon notice from any of the Indemnitees, at Licensee's sole cost and expense, resist
and defend the same with legal counsel selected by Licensee and consented to by CITY, such consent
not to be unreasonably withheld; provided, however, that Licensee shall not admit liability in any
such matter on behalf of the Indemnitees without their written consent and provided further that
Indemnitees shall not admit liability for, nor enter into any compromise or settlement of, any claim
for which they are indemnified hereunder, without the prior written consent of Licensee.
16.9 OQyf=mentaLtMMMftfty No provision of this Agreement is intended, or shall be construed,
to be a waiver for any purpose by CITY of the provisions of the Texas Tort Claims Act or any other
law limiting municipal liability.
16.10 kLQt1co,&qQpLrJk9ri d :,x isThe Indemnitees shall give Licensee prompt notice
29 of 57
of the making of any claim or the commencement of any action, suit or other proceeding covered
by the provisions of this Article 16. Nothing herein shall be deemed to prevent the Indemnitees at
their own expense from cooperating with Licensee and participating in the defense of any litigation
by their own counsel.
16.11 pLter ode � D_ l irk , No indemnification provision contained in this Article
shall be construed in any way to limit any other indemnification provision contained in this
Agreement.
26.12 Survival This Article 16 shall survive the termination of this License Agreement.
ARTICLE 17
INSURANCE
17.1 InsuranggjUgguire
A During the term of this Agreement, and at all times thereafter when
Licensee is occupying or using the licensed areas in any way, Licensee shall at all times carry
insurance issued by companies duly licensed and authorized to provide Insurance in the State of
Texas rated at least A Vill under the A. M. Best rating system, and approved by CITY (which approval
shall not be unreasonably withheld) to protect Licensee and the CITY from and against any and all
claims, demands, actions, judgments, costs, expenses, or liabilities of every kind that may arise,
directly or indirectly, from or by reason of losses, injuries, or damages described in this Agreement.
The CITY reserves the right to review the insurance requirements and to reasonably adjust insurance
and limits when the CITY determines that changes in statutory law, court decisions, or the claims
history of the industry or the Licensee require adjustment of the coverage.
17.2 Mini ov r. e At a minimum, Licensee shall carry and maintain the following policies
and shall furnish the CITY Risk Manager Certificates of Insurance on the most current State of Texas
Department of Insurance -approved certificate form as evidence thereof.
A. Commercial General Liability coverage with minimum limits of liability of
$2,000,000 per occurrence and $2,000,000 aggregate. The policy shall contain no exclusions
without specific reference to same, and shall include coverage for products and completed
operations liability; independent contractor's liability; personal & advertising injury liability;
and coverage for property damage from perils of explosion, collapse or damage to
underground utilities, commonly known as XCU coverage.
B. Workers' Compensation coverage with statutory limits of liability as set forth in the
Texas Workers' Compensation Act and Employer's Liability coverage, or its equivalent, of
not less than $1,000,000 per accident, $1,000,000 per disease and $1,000,000 per disease
per employee;
C. Business Automobile Liability Insurance for any vehicles, owned vehicles, non -
owned vehicles, scheduled vehicles and hired vehicles with a minimum combined single
limit of liability of $2,000,000.
D. Pollution liability insurance which provides coverage for sudden and accidental
environmental contamination with minimum limits of liability of $5,000,000.
30 of 57
E. Umbrella or Excess Liability insurance with minimum limits of $5,000,000 combined
single limit per occurrence, and $5,000,000 aggregate.
17.3 "I" A I ''on I insure All policies, except for Workers' Compensation policies, or
its equivalent, shall list the CITY and all associated, affiliated, allied and subsidiary entities of CITY,
now existing or hereafter created, and their respective officers, employees, volunteers, agents, and
contractors, as their respective interests may appear, as Additional Insureds (CITY and such other
persons and entities being collectively referred to herein as "Additional Insureds") and shall include
cross- liability coverage. Should any of the policies be canceled before the expiration date thereof,
written notice shall be given to the City's Risk Manager in accordance with the policy provisions.
The "other insurance" clause shall not apply to the CITY; it being the intention of the parties that
the above policies covering Licensee and the Additional Insureds shall be considered primary
coverage. Each policy shall contain a waiver of all rights of recovery or subrogation against CITY, its
officers, agents, employees, volunteers and elected officials.
17.4 Occur P '" All insurance policies other than those for Workers'
Compensation must be occurrence -based. Claims -made policies will not be accepted.
17.5 ggMbjaj=e2tj&, The coverage amounts set forth in this section may be met by
a combination of underlying (primary) and umbrella policies so long as in combination the limits
equal or exceed those stated and the umbrella policy follows the form, or its terms and conditions
are at least as broad as those of the primary policies.
17.6 Ipgrrancey
.yiMM All policies of the Licensee shall be primary, and any policy of insurance
or self-insurance purchased or held by the CITY now or in the future shall be non-contributory. The
term "policy of insurance" as applied to the Additional Insureds shall Include any self-insurance
program, self -insured retention or deductible, or risk pool program or an indemnification,
defense, or similar program purchased or maintained by CITY and Additional Insureds.
17.7 Contractors Licensee shall be fully liable for any Contractor or Subcontractor retained by
Licensee to perform work or services for Licensee under this Agreement, as a condition of being
granted access to Poles and City property.
17.8 N' RI &h , of Rec ver A This Article creates no right of recovery of an insurer
against the CITY. The required insurance policies shall protect the LICENSEE and the CITY. The
insurance shall be primary coverage for losses covered by the policies.
ARTICLE 18
MISCELLANEOUS PROVISIONS
18.1 Intregra#0 This Agreement constitutes the entire understanding of the parties relating to
the use of CITY'S Poles hereunder; and there shall be no modification or waiver hereof except by
writing, signed by the party asserted to be bound thereby. There are no oral representations or
agreements between the parties. All previous agreements, correspondence, statements, and
negotiations are superseded by this Agreement.
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18.2 No Waiver The failure of either party to enforce or insist upon compliance with any of the
terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of
any such terms or conditions, but the same shall be and remain at all times in duly force and effect.
18.3 ,, The parties hereto agree and intend that all disputes that may arise from,
out of, under or respecting the terms and conditions of this Agreement, or concerning the rights or
obligations of the parties hereunder, or respecting any performance or failure of performance by
either party hereunder, shall be governed by the laws of the State of Texas, without application of
its Conflict of Laws provisions. Except as provided in Article 3, Paragraph 3.2 of this Agreement, the
parties further agree and intend that venue shall be proper and shall lie exclusively in state or
federal court with jurisdiction in Denton County, Texas, except where otherwise provided herein
and except where the Texas Public Utility Commission lawfully has jurisdiction.
18.4 5evera I i If any term, covenant, or condition of this Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants
and provisions of this Agreement shall remain in full force and effect.
18.5 All monetary payments under this Agreement shall be due and
payable within 45 days after receipt of invoice. All overdue balances shall accrue interest at the rate
of 1% per month from the due date until paid, or the maximum rate allowed by law, whichever is
less.
18.6 &Mending AgreALTLqMNotwithstanding other provisions of this Agreement, the terms and
conditions of this Agreement shall not be amended, changed, or altered except in writing signed by
authorized representatives of both Parties.
18.7 Dispute Resolution This procedure shall govern any dispute resolution process between
CITY and Licensee arising from or related to the subject matter of this Agreement that is not resolved
by agreement between their respective personnel responsible for day-to-day administration and
performance of this Agreement. Upon mutual agreement of the Parties, prior to the filing of any
suit with respect to such a dispute, other than a suit seeking injunctive relief with respect to
intellectual property rights, the Party believing itself aggrieved ("the Invoking Party") will call for
progressive management involvement in the dispute negotiation by giving written notice to the
other Party. Such a notice will be without prejudice to the Invoking Party's right to any other remedy
permitted by this Agreement. CITY and Licensee will use their best efforts to arrange personal
meetings and telephone conferences as needed, at mutually convenient times and places, between
their negotiators. If a resolution is not achieved by negotiators at the final management level within
allotted reasonable amount of time, then either Party may within ten (10) business days thereafter
request non -binding mediation to resolve the dispute. The mediation shall take place in Denton
County or in a location mutually agreed to by the Parties. The allotted period for completion of the
mediation shall be thirty (30) calendar days. Notwithstanding the foregoing, either Party may file an
action in a court of competent jurisdiction within the State of Texas to resolve the dispute at any
time unless otherwise agreed.
18.8 BeS1JvU.shhLJo 0', a Licensee shall notify CITY not later than thirty (30)
days of the filing of a receivership, reorganization, bankruptcy or other such action or proceeding
by or against Licensee. The rights granted to Licensee hereunder, at the option of CITY shall cease
32 of 57
and terminate one hundred twenty (120) days after the appointment of a receiver or receivers, or
trustee or trustees, to take over and conduct the business of Licensee whether in a receivership,
reorganization, bankruptcy or other action or proceeding unless such receivership or trusteeship
shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless:
A. to the extent permitted by law, within one hundred twenty (120) days after their
election or appointment, such receivers or trustees shall have complied fully with all the
terms and provisions of this Agreement granted pursuant hereto, and the receivers or
trustees within said one hundred twenty (120) days shall have remedied all defaults under
the Agreement, if any; and
B. to the extent permitted by law, within said one hundred twenty (120) days, such
receivers or trustees shall execute an agreement duly approved by CITY having jurisdiction
in the premises, whereby such receivers or trustees assume and agree to be bound by each
and every term, provision and limitation of this Agreement.
C. in the case of foreclosure or other judicial sale of the plant, property and equipment
of Licensee, or any part thereof, including or excluding this Agreement, CITY may serve
notice of termination upon Licensee and the successful bidder at such sale, in which event
the Agreement herein granted and all rights and privileges of the Agreement hereunder
shall cease and terminate thirty (30) days after service of such notice, unless:
D. CITY shall have approved the transfer of this Agreement, as and in the manner in
this Agreement provided; and
E. Unless such successful bidder shall have agreed with CITY to assume and be
bound by all the terms and conditions to this Agreement.
3.8.9 JMrDoratlon of Rec1t,&ADA_6VV&04!MThe Recitals stated above and all appendices,
attachments, and exhibits to this Agreement are incorporated into and constitute part of this
Agreement, provided that the invoice payment deadline of 15 days in Exhibit B shall be governed
by Section 3.4 of this Agreement.
18.10 C Bound Licensee shall be fully liable for any contractor or
subcontractor retained by Licensee to perform work or services for Licensee under this Agreement,
as a condition of being granted access to Poles and City property.
18.11 rofd Party Beneficiaries The terms and provisions of this Agreement are intended to
be for the benefit of CITY and Licensee except as otherwise provided in this Agreement, and nothing
in this Agreement, express or implied, is intended to confer upon any person or entity, other than
the parties to this Agreement, any benefits, rights or remedies under or by reason of this
Agreement.
18.12 Sr" Each Party shall maintain a staffed 24-hour emergency telephone
number where a Party can contact the other Party to report damage to the other Party's Facilities
or other situations requiring immediate communications between the Parties. Failure to maintain
an emergency contact shall subject the Licensee to a charge equal to the actual costs incurred by
33 of 57
CITY per incident and shall eliminate CITY's liability to Licensee for any actions that CITY deems
reasonably necessary given the specific circumstances. The CITY's Electric Utility Dispatch Center
emergency phone number Is (940) 349-7644.
18.13 Notices When notice is required to be given under this Agreement by either party, it shall
be in writing mailed or delivered to the other party at the following address or to such other address
as either parry may from time to time designate in writing for that purpose. All notices shall be
effective upon receipt.
CITY
LICENSEE
a..�....................... . . .... .e ......._ ..a . .....
Transmission Services Corp.
MCI metro Access Trans
400 International Parkway
Richardson, Texas 75081
Attn: Sr. Manager Network Contract Services
VZB-NetworkContracts@verizon.com
With a copy to:
With a copy to (except for Invoices):
City Attorney's Office
Verizon Business Network Services Inc.
City of Denton
1320 North Courthouse Road, 9t" Floor
215 E. McKinney St.
Ariington, Virginia 22201
Denton, Texas 76201
Attn: Vice President & Deputy General
Counsel
34 of 57
IN WITNESS WHEREOF, the undersigned have executed this Agreement at Denton, Denton County,
Texas through their duly authorized representatives.
Yodek"! Lan ey. Todd Hille n
i��tc��d I"��,rw��� �,�� . _.� _._...�M CityMan ag; :r
a ure � nature
)al e(r I,)er Te h,,I�Ia ��i Staff (Date
..,.u, .,..w. ....a.,� ......�,.
rate: ,. 1,
ATTEST:
CITY SECRETARy
CITY OF )�L� "i"01 AS
BY:
35 of 57
LIST OF EXHIBITS
Exhibit A — Pole Attachment Charges
Exhibit B — Construction Guidelines (Pole Attachment Specifications)
Exhibit C — Licensee's Certificates of Insurance
36 of 57
EXHIBIT A
UIP-ftli lWylikIWAKIT"'I'Ll
Llmmve- ty AM -WY'
at the time services are billed.
M
......... ....
-sa-vices to the public. An agreement between such entity and the City shall be exectited separate
Tom, but will refemee, the following rate schedulm.
I l�lmol "T, 111,11MIM I Ulm! A
MM
ME
plus;
(4) RisarRift
plug;
(5) h0scallancous Attachments
$15.57 per attachment
8 15.57 per linew foot
Schedule SFR
$160 per dser
$100permiscellmeous
attachmont
Note: Annual Rates (2) and (3) listed above am not avaffablo on all polo nor in all areas, across the
i®
(1) Application Fift Fee (per submittal) $100 per application
(2) Per pole cost (review & Inspection) $25.00 per pole
(3) Per pole cost (mileage) $5.00 per pole
1111 F I I � 1 11
EAw-go'ni'll 41
14W,-W is,
(1) Ile City or City Contractor Perfon-ning Analysis $225 per pole
63
fl)'%
Unauthorized Attachment Penalty Vic, ;00 per attachment per pole
Rate pursuant to Schedule SFR ,3) Undefined Work or Expense
Licensees will be required to pay for any work done or contracted by the City, including but not
limited to make ready work and any installed, used or maintained facilities in violation of the
Agreement that the licensee has not corrected. Tbe City will invoice licensee, and licensee must pay,
for identified expenses as needed before any work will begin and shall include all reasonable fully
loaded material (including any applicable overhead), labor, onginoorlug, transportation and
54ministrat, ve costs,
date of issuance.
M
CONSTRUCTION GUIDELINES
0W17. Yand Ilse Standards
L0 Cmmd Aft*tknotall R"pthremoamAs
Ll 'Ms SmI is mW intwodimi 60 PMMOP, sidpaAr adadmm, xf to lRall faga"mum mm
IL
cm�wAmlimmigh 11w. lFqwrmm,,T*% in lbe laigt lliw 1h6i gs azid %WAmhMmj MAMA] (W RAF
Mmw4 =at Wtuhummi arvmxwimi to emsem lhat comu,mikm mI DMEsequiremats amd
juiI ammigsa ehmrftir Aghlify imkwdry pideJum-5,
1.2 UN! mmmomki fir d%W pdy SvpOy Awml CaLm, mmi-Afim mm. baw—A impmet m
4ho, Wnt xvvaum, cdlbe Nafimm) flowt:kA Saidr C,00116 (MMIC). Vilbow
AII aw. mmc� IWE remiximm& amM. PTLIMEM
13 'the bnwM of4aie arlaral Athanfivashaill amid
NEW rm*6awwm&s,
11-4 IiIjs shalll 1w, mide. in amvamwevinA MM jXv4RxAi4m, Ca �..xctimum. FAmAmm& a"
(lj'utWmvlq), if ipmenific, in stAla&msam =A, em.m.mV17DUE M'zmd-n*,
the houl t. misim af Iffm M.M,AmU anly.
13 Yl�wivfimg imulla,6om, iws6fimg xnzimr mvwe rmphrmwuLs, iwhiw* &-mmiliI klm ckmanw,
a "'imm"Al fimme, & vm* Imse to be wwm%fxucfrA m MIIII
tommum Aw. f."ImAllijWgI III fW.VdWt7- TV.
1-8 MON mclow mul, wimp aim, ma wd im Im lama. fix 21111 OF jpy� con"Mieltiou hxfflb,
exampuky (pull Iml flew, jpw9 y atbelmim) W%WbI im&Vmwlmt Im" amAzw-hun hr 111mI
MRmfivwf*,i)AkL cam Timm is rimquim a fm wUmm wbAamwd
imI hud Um a Ile- AD wibiLme.ed lamb ummit, be mmimnobvifwaml 41behmg lim.
Scq3pwtiq, dkbih will nm.d tv be pimmmi[I utwm- m&mm w. rpys irms" bid nrA on ijOmim. AM,
mw mr1rurligm, ska "KpAiAMAIMP, W.0 40mr.11I md. gur., Gur. md auchim Amu baphWAilum
amcmdamiq mwdkrAW. Stauiwds (4wSmir 6�, MU-1 0 fix an ilkishatkm clo=md pLumerAt),
L7 llVJE w0l tyxmmW, a, Imit, mt sm"Immaly Allm, Atbehmah tm (ffr.e,. limm"MMAII
md5bergUm), Mmicre mul aNnehmisaft Aww', Trqqe*juL -ffile gaidlivridan pwvwildb, my =a an
j m fia m "am xw. p'iv *1 A 11 y - D ME, pimp cuuv k- t m, al's glAmd' p win wwin Ylis of de., p al e
Imlliar WiR limm"Mpoa. Fnj6M.r Mmixhi ow, min mud cJavVmvmwA Im, usvd iR fimm.
w6wi hm m to mid &mmW twin .
11 AiM 65 J04CW1114 tM 2 POIF ,
inlrpdy owfffim! P� i6 sufficift"d to sigpowt ml to
withs,Lmwi de lbscm mW60, dwii*r iwmblWiw& I& aftwbow,74% AMU In vuldr. Aba Vale whow
stmig& Us dWmikiwainA bplmv fin Imeh JeAumul by fic MA.L
1.9 lffir" Mij. "Q &jp lbp- POIN XPLWJPlmwi W- m, ir ve ry Vale vd-m'nc #6
S R lmv.,, cuppmar wianima (mfn, to, th-wwiuu% im ffiis Se&*' , I
an md An N705C)
LIG A&ftl czlwiwhp, melim, wemicimehic-mixt orpi'Almimt (uIMA iTwhubm ffiwy win Bid be
alk7wed to adfac-fi, idimw.d L a*
yAlurAd-RE'llmielL aimimbwgip
IM&
WAIM11
2.QDMF. Pole Attachment Requirements for Comm unicalldh Line
2.1 Attachments shall be arranged verticilly on the pole and mounted directly to the pole. Crossarmai
extension arms, and standoff brackets shall not be utilized to meet clearance requirements, Use of
this Cquilmwilt IDr purpo.qes otl= than (4) nuzo cleirance vxtuirctnin its shall be approvod hybNM
Standards and rqrlim,a a coniprk,,hCrIsivo mcchani(of loading asuityak for 1111 ,lf]CCICAI fileditk'l
22 New attachments shall be placed an the pole in accordance with the following rules:
2.2.1 If a pole already has lina (Supply and/or Communication) installed on opposite sides of
the pole (i.e. the pole is boxed), the new Communication attachment shall always be
made on the street side of the pole.
2.2.2 If a pole is not already boxed, the new Communicatian attachment, shall always be nude
on the same side, of the pole an the existing Attachment&
2.1.3 "or attachment to, DME poles with existing facilities (ptiMAry/Beacludary riser, switch
handle, etc.) is not allowed.
2.2.4 No more than two risers from the ea me utility Will be allowed to attach to one pole. Must
use existing riscrs where Practical as to avoid clutter and hindering climbing space.
23 To reduce the impact of Communication attachments on mechanical pole loading and to preserve
I-XVIE's all ifily III place fiacilifica,,j 4jo: its poles, satwaaclaoanaaaats 9houl 41 lie inaalkd as low as
perinitis flAc en the pole. Who-c thcre,aru no pi cvious attachnir[14 oll Ilea pole, I ho I o-At auclunwit
Miall 11waym bo placed m glee; IoNvIn'd poh Ifioll whid I cornplit"t MI'll the praaatu, CIQ¢Irancc
h)P Ciffiol tho, N1 or UN11 1' In stuAl c'tses' !ollfisLxpIV"IIt I" ,a)111 tilt III ica I ion
a (tactiments ahall be nudo ah Ive flu; pIvOutis d11 Lichtnow and bz a4 low as passil&, $(I oiai III aio
re(lifirod e1wrancut 1rorii Supply and Conurrmicalion rjcilificfl.
14 No Communication lines shall be attached to DNM metal or Fiberglass street light poles.
3ARequirements foeF®reign Utility Common Use Attachments AdDIMEPples
11 Common on Use lines shall be j®intly designed ed accounting for design requirements of each electric
utility.
3.2 1 lac lu°nc, insiallccd at, the hi,g1tcst parsitj(an uuu th* (Haste should be an express ciivoil vwhi0rshould
not serge; localbs d. The insudiNtiora ofcquil anent and pole risers aswoasivaled ww il.It true hoc
installed in the highest position should be avoided.
3.1 Thcline with the higheal, voltage and/or lamest conductor size. should be pla drat the upper
position on the pole.
3A Space ICAgtfi should notoxceed 2M.fed for urban combuction and 350 feet for rural construction.
15 Vertical and armless ns ction should be avoided,
16 A common neutral shall be used and designed considering the fault cutrent of both lines,
17 A minimum of a elms 3 pole shall be used with pale stabilization,
3.9 A. rrrlaaiunuau of` °7"2 inQlaes+col wcrtrcaat sp witiv, on this pole AM kwe rnaintanre.d lichveon each ulelaty°
"NO vcrlP cal spaoing shall bV inoreascrl as ne commAry lco rmiaa min the mid -span a lcaranecs augauutd
by thawNESCi, as as rclult of the teraairarts and %agw of both utililivi comiuctroa + Additional spacing
may be required to provide required clearances when equipment is attached to a pale,
3°9 ClMR'h caisring anchor and gaays Me not to be arcd 1uar anchor and guying of common laic lines —
Nam should iraoNardc all anchor uurad galying locatiaona wshcaover arcccassat°y° All Wnsion must tic
accounted for when attaching linc(s); Supporting details will need to be provided where no
anchors or guys are on plans but areneccasary. All fiew construction shall rc uke the use of
anc.ors and ghys°
Marking and Identifying Facilities:
Ca fhcilit�?I&- i I tx of N XLE Eb—J'WS -.*glivel-/ pq I A, t!�.�fj�QOVqjhg S�Md,9,.r;, apply
to all joint use attachers. Theserequirements will also assist. in contacting the attached party as needed.
A tag must be installed which includes the following information-,
1. Company name or generally recognizable company logo
2. Fanergency telephone number
Tagging requirements:
1. Locations,
b, The bcgg of all lateral taps
c. All ove a 4
Togg should be installed on a minimum of every fourth pole.
2. 'ragging must take place upon installaticin of facilities,
1 Companies are required to tag their facilities as an ongoing practice in order to meet these
requirements,
F
R
5. MiOing tags must be replaced as soon as possible.
6 -:0z-aft,? Llof
*f the tag as long as thefollowing requirements arc met:
a. Tags to remain permanently of to the. attaching company's facilities.
b. Color and text must be designed to last at least 5 years.
c° The company name and contact number must be easily readable and visible from the ground. A
minimum of Va inch high lettering is required.
d. Avoid the use of sharp edges and corners if constructed of metal,
e. Tags should be consistent in appearance for a given company throughout DNE electric service
teff itory.
4,3011".11111
Street or Alley
:�ia FloW
�\ , , VeMcaf Run
i
FlOd i 81de
Vertical Nser PWCenlertt
Notes,
I , Suppy grad comMuMcaftn vertical vuns shall not be meads on Uio some POW as to evold 00ngosbOn
mwl cWnbihj hazard%
2 kw,flo rxunmuoicaoon VIDTAical lons on Mdu of, pole toward r0mu'd w O"Ilev,
I All vcvilcaf junu Onill lip so auanqvd u% nul to iotoauto WWI cfilnkq CII woYhOP91 tpacu Mum Ow
r141(hlk,m of a Ost�f(s) (>t)tanp,,,U, (nore Mon 21,5% of tha j"in ke VaOaco, Ole wIdWonof
r,,hult bo owunred on Suani"foll tkrw'kx'0 a mirdrnual, of Cand ul ma)dotufn of '112"
off the ip(Aa, Mur ninq fadflinto cAmbing space as p)er 1110 NFIsC4 Rlw saris on slandaif huackets,
shoWd he In conduft as approved by the NESC.
4, Consult section 239 of Me NESC fof OuaUane not covered by He standsoxL
OM"UrIlYIN, -1 Communicabon Riser Mawrwit DJU
"��alyVa6v �s�o°q°au�A o-rremsaw i� r�irua�k
g spao a to be
_2
Notes.
ff. VOmin cornmusmnkaflomu caUs WmnrM obakuds more than 2 of rmle wideca, ffbae ¢ea*mnW WiM be &cod comma rAwiiduff
bmck is a mhNnun of 4" and a muuaaArn umma of 12' Vvoimu the p o0e &iao fac011 to a rnt..ndunq gMce as per ft NESC.
60,
Notes:
1. May be reduced to 3" Up street VUght dirlp loup covered entirely wRh a non-u-nefAlle covering,
2, Oty, Oaffic WgnW conductor le to be 40' below secondary conductor or the top of secondary skopply daers
(whIchever W lower),
3. CommuMcagon rable shall be Wrnlrcnaurn 40" below city traft slgrnal conductor,
4, CommunWW shall Ou "rulm urn 40" below supply d6pa loops,
51 Mdudes the top ®p primary and aecondary Asers, lncluding dAp loolps (whlchewer is U r),
EXHIBIT B.
n
N
NeuVW
Open Caro 6600indary
Cabled Sal=Wary
CNP'StAt VbW Ca ndaoMr
3V
3"
rvn uWrANon 2
0' "
Ckrnmunlradan 1
Grma4'rQ T'aWb(,)T arraaai11 6oaW PuvGea»Gslms, SWe and US hpwaym,
1& Q.
awl FM wadi
CrA.'.nrGY hg PtlG%ri-TOOT Mghweys, aFda'a4ots, mitly GAP a tha rpullbk roads,
',, M W
CasrrauauaJAN raasWe nl1W, end spaftealt n8mkaaewaays; parWrtg Ma, a kgyaaa
isle,
ad oftr areas aaagAyag �A i nick Var (note 2.:),
(ruaa&e 6)
394vtce drops over m mWf.aaaW drNewaya rmtsubjed ttra kuck Kuxm a.
11,61
%murs and wstrs aout)u od to tturvua eOvlaeua or iwAlfted Va as as y (iaaattaa 3).
9' 6
d INn FuOlts-sett-Waay but not GvelII'ttnalli gOg b kjhways' Ameba, a, CaN' atays,
'',,. tt 3' 6"
Owr a I �s u nOVp ary treat vaap' drauu WO he au shg under Ono&.
(notes 4 aa'ud T)
R.Al cad tracks (rars ne ruhr is requuke graMer desivaa ces).
23" 8"'
d �-anc s ,Uines t b'dspan
DA J-6
EXHIBIT 8
.............................
1, General
a, Vertical clearances shall be maintained under the following conductor temperature and loading conditions
whichever produces the largest final sag:
MEMO=
2, The maximum conductor temperature for which the line Is designed to operate, if greater khan 1201, F, no
wind,
3. 320 F, no wind with W radial thickness of ioe,
b, Greater clearances than shown on DJU-6 shall be provided where required by local codes and ordinances or
crossing permits Issued by other companies or governmental agencies.
2, &�- ht. Areas not subject to truck traffic are areas where truck
"Me is not normally encountered not reasonably anticipated.
3. Spaous wid ways subject to pedestrians or raviOutud iralfic only are tho%aseas where ridurs on horseback or other
large animals, vehicles or other rnobile units OxxOpdinq fifeat In tielght are,, prai),lbited by regulation of pernwrioni lierrain
configurations or aro otherwise not normMiy nor reasonably anticlpalsd.
4. Where a supply or communIcalion line along a road is located relative to fences, ditches, embankments, etc., so that the
ground under the line would not be expecked to be traveled except by pedestrians, this clearance may be reduced to
9,5 feet for Insulated communication conductor and communication cables.
5, Where this construction crosses over or runs along driveways, parking lots or alloys not subject to truck traffic� this
clearance may be reduced to 15 feet,
S. When clasi the difference
between the known height of the ovensized vehicle and 14 feeL
T This clearance may be reduced to 13 feet for insulated comMunication conductors and communication guys.
'Iearancei, Notes for Unes at Midspain DJ-6N U
Sivopiv NOORM
CamunuMultoiN
N.41 4 /
EXHIBIT B.
5, a', mW-nuir
Supply mvillom
(Notu, )')
blots 2
Nahaw
1, Ewwh wivipmiy tIcluppay And Shall h0fM f0depandant girp A,nd amlxim 4m, ltkk riaqwcOve recM60m,
yaw.Wflaary atic-hor oyas *q supply aNichor wN ghall rural Nt Wkod
2, Eywy effod nlvwxdd ba nrioda to Viliall, udumvwPh a ho6aaWAY sp"mowj of 8 d00 f tq,mwo,yI, a") wa 4luouul hapwordal,
tpadog 0 5 feel Crin l5a mod hi Wtual on% wlv,,�w tha tu'viamoM spvhnfj ow"M bo I offuVO, whan 5 Nall (4 hof400tal
spadnrg 13 unavOablo, the hmLUIMN qx1clou may, 60 Mdoc,04) to 2 foot taro Wded 1ho Suril"TY, m, InOA&d a mloallum
0 6 kM vark'a"t, borluath flia Commorkahoa anc;KA rmmurcid 41 fitio Mui Ow, aocoor tod (Sr,,Oj 1)(WW A), Mwn ifio
qwimng ho romwl kr,,) 2 feot a flow qvr4AY Onchxff strOl ha Installsd at 010 cownimmIc"Ri4ion exxtiparly sxpomma unkt"AD 0A
3, fiqpswed by mu I bpW r,A,00p�,kN pis ard do,&kymd m" 4a 501fff" to "I o l4*0 Vvvf% wspp0t�41, poo,6"dva
Mo txml 14,1, tA atfaOmlw rut oiry wlwivolv hxoi io o' a Oh "Oom, v I I, llm liwuwJ a H c'comufm w,410A It c",4pp
DmIgn ew&K be atAbnItted to Supply fmwtmoy lfju apim"not lmkmv r"oludgw0n)
4,areNvaarurrlrawl wkrr qvqblo mtancl and r,Juy mrfls ORO lm(a buixfod melcl cu9uwao0of) to (he pda gmund CommuNcaflon
$hall tognills Wo mowv%,ary ati SO Onro oq)pqg xvjr#a j%put (&qmggmr� to wnnec1MW'AV to the p0a graumd.
5, Andmr r;hoW ba lnqlakdi rkmar khao ri Tom ricon ilm Ajuaiwe vA ft POW.
--nmunicatb n Down Guys and Ancha �s
Co� DJi J� 9
T
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"��
Sapp mffi �
rbW`P wl $�w^y
vv�
rvCbn'4 `ivy
Ili
I
IVx
j
f w'www w
www llbaa �
wpm'lipm�Ny�M”.
Car"ill a wyr�pl,ry t6uri41,p'w m)"1 drrwwo irwormmm uum iiRr, 'sews., and aovdIrsamnd pit thaOm' B' apw1hro
fi4a1ww1,q Amw dt lil, y rm uka c yur'H rofoa 'yuopjOy mruO'ww rre"11 em uol awmd ba adtrfiramropt,
�'. pt.rolty ruff wp smaay Ael ho tmitlf r rao dm'wap,arm wmmmNmw vmvB h aw "OtIL pwaIMY gpowtqw)l of 5 Plluraaa, Milen 5 100 aP prwarc 4ah m mmom,,ll pia
VoBUJr&,rt4'm, Wo I rcmrm,pq,Jymp 4 wpmubIAM;# 414Y NO K1dwxK1 to 2 NO p 4 m lidod Me 1'4gjgy mq�uwchai um dlrrad eJp d aw.ra irg"uredw id, s @arose'€
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9, TIft r uaa knod of rvixOdirg kwHadlrnnapunts to DME , aUou W dkta.wroged
2. Pohw "luet kko hispeclod to amm that wakk Wdos and sUinndum J9 army urnask k eifiaue agacUnrma nk may be madff.
1 w"wdkuwckner a trail Ipi uwbaka 2 0 quowums ronkinimu um between QrFarlsko rl pnoirukua to avoid exvmsk a guyng Fund a orrg akaaaan.
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fth karawkam and top krnrnnukkkauru g.On•nkam muunak have aw dam guy, A wagwairu guy K49 be agVsu'awed g 0 rAaayvrmrequhrermnts airs
"let
7, A ruokuuknumuirr G` vont ° k Oo sre noo aknremkll be wnuaUrukabled between NOnrau ku6W, Parom&uadagn tel wfflng fftwn exJMrn g Ocril s sdautlk
be aulli 9 attamNng in kuuwokr kkroruu bolt,
& AIk runkrpep arm deprav celt musk be maI ui
9� Faan0kdkawas ap, kaaukki krwuuWv of ". kr rDnllVO o n muskpuaaawe proper Ila k.G 5ing Wggun at Che Uurdaw,
on Deadend PoIles DJU-1
FIT' M RIC
[ T.N.I i
I T ( J19
CER nFICAM OF LIABILITY INSURAN9.�
"Irriiiii6ATC. HOLDER, THIS,
E IS ISSUED AS A mAi-TER OF INFORMA66N ONLY AND THE Cz
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCE AND THE CERTIFICATE HOLDER.
proosions or
11 the certificale r o s 11=15 110 ADUff101 A
6ADVA' I NAL Nsu r ,
SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this
certificate does not confer r4jhiLs to the certificate holder In lieu of such ondoi sirionont(s)� ... .......
Coal Ac
WQ—uu�ilk . . . . .........
Aon Risk services Northeast, inc. 151T, HP . ..... . ......
tzer (866) AiC N
- . . ....... . . . ........ ..
New York NY office
One Liberty Plaza
165 Broadway, suite 3201 . . ....... — -- — ---- - N'AIC #
New York NY 10006 USA INSURER(SI AFFORDING COVERAGE
National union Fire' - s . co of Pittsburgh
t9445
Tra"Snflssion
. . ....... . ..... . ...
INSURER 9: New Hampshire insurance Company
AcCeSS
,,,,.
Amer can Home surance Co
Tqw)
Services cor'P-
1095 A,Ventle Of the Adllerica5
IW!Iui�ERC-,
INSURER 0: illinois National insurance Co
23817
N(�w York NY 10036 USA
Lloy(, S syndicate No. 33
AA, 11,2
INSURER E:
INSURER F:
COVERAGES t U it I 111 1 GA 11: N LA IV: It= M 0 9 u v T "I I —TOH -T
Tf-.-TTF, F T-4W�Fc-�i—CJTVT HT1 t-,T , f T.Tw—RX01i
INDICATED. NOINVI 1; 1, MWKANG ANY Ti-PM OR C01`01 IC)W OF ANY CONTWV'; I i)R Ot 1-04 CU
41
'
CERTIFICATE MAY HE. VVOR M
IUED AV PERTAK 111E INSURANCE ArN-,ORDED BY 141E POLICIES OESG"�,-
r)
EXCLUSIONS AND CON01 I IONS OF tAAY IIAVE BEEN REDUCED(1AUM
ToOr
y
POLICYNUMB R 1AMA)DOY',
TYPE OF INS VIM'( 9
A —L
CLAWNS',MAIDE X OCC
X
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GLJ,ft A(,'W:0AJAW LIMITAPPLIES PER:
PRO Loc
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OTHER
A
AUTOMOBILE LIABILITY
�AT 15, 19
AOS
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-X ANYAUTO
CA 461-15-20,
OWNED •SCHEDULED
AUTOS ONLY AUTOS
MA
LA
A
HIRED AUTOS NON -OWNED
VA
- ONLY AUTOS ONLY
See NeXt P,'Xge
A
7-7
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U, M OR L"A- L" OCCUR
EXCESS LIAB• CLAIMSMADE
f -i; x E13,0, coo
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EMPLOYERS' LIABILITY Y I NJ
C
ANY mioPMETOR l EXECUTIVE
�AOS
wcGl4S90550
dJl EWA U61
CA
P
-L(III IVIE 1rOLICN PER EQD
NI W I ril IMISPECi 1'r1 WHICH THIS.
ON IS SIjwCiCfTO ALL THE TERMS,
LIMITS
EACH OCCURRENCE,
MED EXP (Any one Pars-n)
MY
PRODUCTS. COMPIOPAGG
06/30/2018 06/30/21J 99 BODILY INJURY (Par Parean)
BODILY INJURY (Per aceldent)
0 �06/30/2019 1 f� rdtJr 5""T V - -
0 6/ 3 0/ 2 0 1810 6 / 3 0 / 2 019
EACH OCCURRENCV
111, . . .......... . . . . . . .........
AGGREGATE
06/30/2
,,,o/,,tq�E,L EACHACCIDENT
E.L. I!!ASE-EA EMPLOYEE
EL, DISEASE-POILICY kNOT
S5,000'em
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ss, 00 6,6660
0
$2,000,000
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77, 76—flow
51
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k,`tCenl�e Aql'(49�101t� i tY OL ("Ipntml �rld �Iil &45aciatedafl
m"469617� CH"Y 01. oo,"01too, vole Att,,'Wiw"10t, ei p o M11,
f-lcers, e t
(Jsy qf DeOL00, flOw (�XA5011n or hereaf �rratea Ind tlht� -k I, Ivo o T,
subsidiary, entit inrluded Add I tr ional 1�iiltlsurad with
ol�6� 1,5 A0d ctfiflkr�mtm'%� �15 their respoC'0ve interests in��xy Are
ele'Cted 3�[eu ity arHI AUCOMOhile tiability 0116es
f:T Ole Gent�rlj �JAWIOy and Autonxliflle 0ability policies, ILW f-ene('O I''JaWi ' ' 7aw, the
111#11'�STI Iowal I. n 5 11 e'e d: ,tCd
- �Wchtl
silit I iApI0y a�,' flrlm�;Iry and hf,�, IjN�� cirY ()f nrn�,on nod aAl ast,ociatedl ,jfjjjjtgijal led and
Nlaroe�l Our l;UCk�d I)J fl, I ed l "I �nivr cull rrN voluntcef"5,
�&�,Jdkkry eo'Atiiy!w Of 01,y for now 30d rhi�ir I�A7ri rs, employ,
CERTIFICATE HOLDER CANCELLATION
%IcU4o ANY OF THE ABOVE DESCRIBED POLICIES BE CANCOLLED BEFORE THE
EYPIRATION DATE THEREX)F, NOTICP WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS,
city of oenton AUtHORIZED
City At torney's Office
Attn', Offint A� kleath r
w.
p,,xecutive mgr , rinergy Delivery
21S E. 1,ICKihnL Stilltl'.4!t A'a
uentorii u 76M USA
@1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER 1D: 570000027366
LOC #:
ADDITIONAL REMARKS SCHEDULE F1age _ of
AIS'��..,.,�..��.-...:-u�...,,�,,,°o.--...m�,�,�.,.�......eee..m.w...,._.�,....m.,...m.
IJCS'
.e.....,......,.....�..._�..... .,�».,.»,,.�,.m, �:� ,��.�.�,,.,,»».�,,,,,, ......� �.,,..�.� ..�„s.., »� �...,.e.... .... ............ . »»».. ..... .... n.:..».W„
NAMED INSURED
Aon Risk services Northeast,
Inc, MCImetro Access Transmission
.............. ..
see certificate Number:
570075317779
CARRIER
NAIL GODS_.
see certificate Number:
570075317779 EFFECTIVE DATE
THIS ADDITIONAL REMARKS ,.....-._..... _ .
FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25
FORM TITLE: Certificate of i,ilabi lly Insurance
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER
INSURER
INSURER
INSURER
c.orrec ondin policy on the A6
If e policy below does not Include limit information, refer to the 8
p
AI)I)I"fiONA1 POLICIES
certificate form for policy limits
, .,., ._
......o
roLlcY POLICY
INSR''
L TYPE OFINSU :SCE
ADDL SUBA EFFECTIVE EXPIRATION LIMITS
INSD WVD POLICY NUMBER
DATE DATE
rhlMmnrvVYVh (MMlDDIYYYYI
2..m_.�—.���.�. _...... _.gym �.�.�..,�..,...�. _._ ___�......�..., .,.,.
AUTOMOBILE LIABILITY
..»,.,, .�.... ......................... ...�
A
CA774-22-65 19
NH - Primary
w.- .,,roro.,,.�
A
�A 774-22-66 ...__ - ,,,,,,,,,,
06/30/2018 �06/30/2019a,
NH - Excess
WORKERS COMPENSATION
---
—N/A"' wc014590552 _ 0679-07Z6 $
FL
0
N/A WC014590553 06 30 2U18 U6 3U/1019
ME
...
.,,,,.». .......
ll
............... .�..............._
N/-A wc0145905a9. 06/30/2018i06/30/2019
NJ,NY,TX,VA
_........_._
----- �. / ......
N/A wc014590554 / /
._._..� ......o...
MA,ND,OH,WA,WI,WY
.,w..vwww._..�...�.n,..
�. �....
ACORD 101 (2006101)
.. �..�� �� �.. �_. m__.... __. m��.,.m ........
� 2008 ACORD CORPORATION, All rights reserved,
The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER EIR W. 570000027366
LOC N.
ADDITIONAL REMARKS SCHEDULE
NAMED VJSURE'D
st, Inc. MCImetro Access Transmission
Aon Risk Services Northeast, � � w. � � � �o
See certificate Number: 570075317779
�.3 Nalcco� _
ARR�ER °c
See certificate Number: 5700mm�
w�w w°w.a'T�w- DATE
._ 7517779
ACORD 101 (2008101j �. .r�,m r..�e... __... _......_._... _..., .__
The ACORD name and logo are reglatered marks of ACORO
. . . . .. .. .................... 1-1
PRODUCER
Aon Risk services Northeast, Inc,
New York NY Office
One Liberty Plaza
165 Broadway, Suite 3201
New York NY 10006 USA
11MMInallu
INSUREA(S) AFFORDING COVERAGE NAIC 0
.. . .. . .... ------ --- - - . . . . ..........
INSURED
I�SURERA: AIG Spec,1411,y Insurance Compatly 26883
Verizon Communications Inc. INSURER 0.
1095 Avenue of the Americas . ... . . . . .......... .... . . ............... .....
New York NY 10036 USA R'E'R' C':'
INSURER 0:
.......... U. .............. . . .... . .... ...........
INSURER E:
INSURER N
570075317804 14EVISION NUMBER:
I T4161—(W INSURANCE LISTED BELOW HAVE, BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY FEW 7j IFY THATTHE
INMCATED N(YrINITHSTANDING ANY REQUIRFMFNT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH FRESPEC'I'TO WHICH THIS
CERTIFICATE MAY OF ISSUED OR MAY PERTAIN, rFIE INSURANCE ArFORDED BY THE: POLicirs or'SCR[BED HEREIN n suamx,r TO A11 THE TERMS,
CED BY PAID CLAIMS. Lhirlto shown are as requested
EXCIAMIONS AND CONDITIONS OF SUCH POLICIES, UMITS SHOWN MAY I 4AVE BEEN RE�(�:..J,,,r,,,,�..a,
-m—Ty", "Mr
OF INSURANCE POLICY NU [ LIMITS
myf)i----
COMMEROIAL GENERAL LIABILITY EACH OCCURRENCE
CLAIMS -MADE OCCUR DAM M, T , Trint-IM-ri",
PRPUMPS AFs or-iwvnv-�
---------------
MED EXP (Any one person)
. . . .......... .. . ................... ........... . —
PERSONAL & ADV INJURY
CZNt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE -"-
------------------ - ---
POLICY E] JRC-
CT [] LOC pRODUCT5 C 0 MPI ORA GG
OTHER:
-J . . .. ................. . .. . . . . ... .. . . ..... ...... .. . . ..........
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
eF=d-11
. ...... . .............. ....................... . . . ....
ANY AUTO BODILY INJURY (Per parson}
a
.111, ...... .................... . . . ...........
OWNED "SCHEDULED BODLY INJURY (Ps, accident)
AUTOS ONLY AUTOS
NON PROPERTY DAMAGE
HIRED AUTOS -OWNED
AUTOS ONLY
j
ONLY
umsRELLALIAB OCCUR EACH OCCURR—ENCE
--
aY
L CLAIM. -MADE ADORE GATE
E!,
'LE - - ------- - - - -- ---------
DED �TENTKM
W
7—.
— - . . ... ..... ... ........ .... . ........
WOAKCRS COMPENSAT]IONArd)
EMPLOYERS LIABILITY kjE
YIN
ANY PIIIIP�Ill�'KIIIIPARTNI,IIIF.rUTIVE E.L. EACH ACCIDENT
rF, .EfVMFMjF9,R EXCLUDE MIA — ------ -
U I I - EXCLUDED?
IMmodnIory In 04") F.L. DISEASE -EA EMPLOYEE
......
.. .
I! as �JamaulAx,.kl unrJarr E. I D--W E-A S-E---
...-..L.,.1.,.-.-
TTA6gregatePO0YLIMiT. .....$
EnvContPoll cTiURTZ6h Lass
5,000,000A
DESCRIPTION
OareNamed
insued includes: mcimetrO Access Transmission ices Corp. RE: PRL#69637 City of Denton, Pole Attachment LicensegmentfDentonandallassociated,affiliad,alliedandsbsidiaryentitieofciyofDenton,nowexistingor
crcityed
hereafter and their respective officers, employees, volunteers, elected officials agents and contractors, as their
respective interests may appear are included as Additional insured with respect to the PailUtion Liability
policy.
25
. ........... . ......... . . ........... . . ...
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRISSO POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POL2YPROVISIONS,
�� 2
City of Denton
, -
City Attorney's office
Attn: Brent A. Heath
Executive Mgr. Energy Delivery
�--eylf"Olilll JL
215 E. McKinney Street
Denton TX 76201 USA
l�-
@1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016.103) The ACORD name and logo are registered marks of ACORD