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HomeMy WebLinkAboutResolution - 062476F - Joint Use Agreement- Southwestern Public Service Co -Bailey County, Southus HW84 - 06_24_1976JWF/nh 042AW RESOLUTION E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock, BE and is hereby authorized id directed to execute for and on behalf of the City of Lubbock, a JOINT USE GREEMENT for electrical transmission pole facilities between SOUTH- 'ESTERN PUBLIC SERVICE COMPANY, a Public Utility Corporation and yid City, attached herewith which shall be spread upon the Minutes of the ouncil'and as spread upon the Minutes of this Council shall constitute and be part of this Resolution as if fully copied herein in detail. assed by the City Council this 24th day of June , 1976. / latcatu ROY BASS, MAYOR TTEST: ava Phillips, CiXSec retary-Treasurer PROVED AS TO FORM: Senter;- Jr., City JOINT USE AGREEMENT CITY OF LUBBOCK FACILITIES INSTALLED ON SOUTHWESTERN PUBLIC SERVICE COMPANY POLE LIME THE STATE OF TEXAS X X COUNTY OF LUBBOCK X THIS AGREEMENT, made and entered into this 12th day of May, 1976, by and between the CITY OF LUBBOCK, a municipal.corporation, Lubbock, Texas, acting by and through the duly authorized mayor, Roy Bass, hereinafter called.CITY, and SOUTHWESTERN PUBLIC SERVICE COMPANY, a corporation incorporated under the laws of the State of New Mexico, hereinafter called COMPANY, W I T N E S S E T H: For and in consideration of the sum of ONE DOLLAR ($1.00) to it cash in hand paid, the receipt of which is alreadyy ledged, attached certain of its facilities hereinafter described/to theor a or poles of COMPANY, hereinafter described, and to thereafter maintain such facilities, subject to the terms and conditions hereinafter set forth: The location of pole line is set forth in an exhibit hereto attached and made a part hereto, and the portion of said line to be owned and used by the CITY is identified as the bottom circuit consisting of crossarms, attachments, conductors, transformers, guying and capacitor installations on COMPANY's poles and pole lines beginning at a substation in Bailey County, Texas, located on.the South side of LT. S. Highway 84, approximately one mile Northwest of where said highway crosses the Lamb -Bailey county line; thence northeasterly to the South central part of Labor 4, League 219 of Lamb County, Texas; Thence in an easterly direction to the approximate center of Labor 1 of said League 219, and such facilities are presently attached in accordance with COMPANY'S distribution construction standards and which shall continue to be attached in accordance with COMPANY's construction standards for this type of construction as shown on the attached Exhibit r' 4 marked No. 4056-F-1.3. Upon request COMPANY .shall furnish to CITY the appropriate COMPANY's distribution construction standards free of charge. The CITY shall apply to the COMtPANY"s Lubbock. office for these standards. CITY shaft be permitted, if it so desires, to have lighting devices and attachments on the poles without costs or fees on the part of.COMPANY. II. Materials, apparatus and attachments supplied by CITY and' attached to the poles of. .COMPANY shall remain the property of CITY, and CITY shall have the right to remove same at any time it desires, but no additional apparatus shall be attached to the poles of COMPANY without the consent and approval in writing -by COMPANY of the apparatus, plans and specifications for attachment obtained prior to such installation. Attachment requests by CITY to C014PANY shall not be arbitrarily denied without due negotiations and per— mission or denial on the part of COMPANY shall be so stated in writing. CITY attachments agreed by the parties as feasible shall r be made by the CITY employees without charges or fees assessed by i COMPANY, except where such work shall require cons ruction work or. .expenditures on the part of COMPANY. III. If COMPANY shall, at any time, replace or abandon its poles to which facilities of CITY are attached hereunder, it shall give written notice to CITY not less than sixty (60) days in advance of replacement or abandonment, such notice to be given either by a letter addressed to CITY and deposited in the United States Mail or by leaving such notice at the office of the Mayor.at the City Hall in Lubbock, Texas, and within sixty (60) days from the date of such notice COMPANY shall have the right to replace or abandon such poles. In the event of abandonment of the pole line by COMPANY, and in the further event that CITY desires to acquire ownership of said pole line, it shall pay to COMPANY the replace- ment cost less depreciation of the materials as reflected by COMPANY's standard depreciation schedule. In the event of storm damages or in the event of any other unforeseen damages to COMPANY's facilities, the COMPANY reserves the right to make the necessary replacement or repairs without notice to CITY. In the event of the replacement of a pole "without notice", COMPANY shall repairand/or reinstall to energized service all crossarms, insulators, guys, and conductors belonging to CITY and shall immediately notify CITY by the next regular working day. Reimbursement shall be mutually agreed upon by assess- ment from both parties. In the event that COMSANY or CITY does make emergency repairs to the other party's facilities and fails to notify the other party within thirty (30) calendar days, no charges may be assessed for this work. CITY will.repair and maintain its transformers, secondary services, capacitors and related fusing devices. IV. It is agreed and understood that CITY, at its own expense, shall, at all times, install, maintain and operate the facilities attached to the poles hereunder in the manner prescribed by the then current issue of the National Electric Safety Code. Each party shall ground its devices as required by the Code and such grounds shall be available as a common ground to either party. In the event CITY fails to install, maintain and operate. its facilities attached to COMPANY poles hereunder in the manner prescribed by the then current issue of the National Electric Safety Code, COMPANY shall have the immediate right to cancel this agreement and to require that CITY remove its facilities from such poles. In any of such events, if CITY fails to remove its facilities from such poles, COMPANY shall have the right to remove them without incurring liability of any nature whatsoever to any person whomsoever. Cancellation by COMPANY shall not be effected without due written notice to CITY of the intention to cancel by COMPANY. 4 V. COMPANY shall not, in any case, be.held liable for damage or claims for damage to any person or persons, including employees of CITY, arising from or growing out of the attachment of such facilities of CITY to COMPANY poles as provided herein, or arising from or growing out of the construction, operations or maintenance of such facilities. CITY further agrees to hold COMPANY harmless for any and all damages and claims for damages to persons and property, including employees of CITY, by reason of the attachment, installation, construction, maintenance or operation of the facilities of CITY attached to the poles of COMPANY hereunder. IN TESTIMONY WHEREOF, the parties hereto have cause these presents to be executed in duplicate on the day and year first above written. ATTEST: CITY SECRETARY CITY OF LUBBOCK By ROY BASS, Mayor Approved as to form: Fred 0, Senter, Jr., Ciiy Attorney SOUTHWESTERN PUBLIC SERVICE COMPANY BY- . R. SLER, VICE PRESIDENT APPROVED AS TO LEGAL FORIA—Z& 11i—DATE—P=�=e10 APPROVED, AS TD, TERMS DA