HomeMy WebLinkAbout1982-054-04/20/1982-AUTHORIZING THE CITY MANAGER TO ENTER INTO A JOINT-USE AGREEMENT WITH POUDRE VALLEY RURAL ELECTRIC A ti
RESOLUTION 82- 54
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
JOINT-USE AGREEMENT WITH POUDRE VALLEY
RURAL ELECTRIC ASSOCIATION, INC
WHEREAS, on April 6 , 1982, the Council did, by resolution, approve
and authorize the execution of a facilities transfer agreement with the
Poudre Valley Rural Electric Association, Inc (REA), and
WHEREAS , said facilities transfer agreement contains provisions
requiring, upon certain occasions, the execution of a "joint-use agreement"
between the City and REA, and
WHEREAS, there is attached hereto as Exhibit "A" a form of joint-use
agreement between the City and REA which form is acceptable to the City,
the execution whereof is deemed by the Council to be in the best interests
of the City
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City Manager be, and he hereby is, authorized to execute,
on behalf of the City, the form of joint-use agreement between the City
and REA as attached hereto and labeled Exhibit "A"
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins this 20th day of April , 1982
Mayor
ATTEST
City Cier
EXHIBIT "A"
i
JOINT USE AGREEMENT
BETWEEN
CITY OF FT COLLINS
AND
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC
THIS AGREEMENT, made and executed this day of ,
1981 , by and between Poudre Valley Rural Electric Association, Inc , a corp-
oration organized and existing under the laws of the State of Colorado, here-
inafter referred to as "Poudre", and the CITY OF FT COLLINS, a Municipal
corporation of the State of Colorado, hereinafter referred to as "City" ,
WITNESSETH
WHEREAS, Poudre is a public utility engaged in, among other things,
the purchase, transmission, distribution and sale of electric energy to con-
sumers located within areas certificated to Poudre by The Colorado Public
Utilities Commission and these certified areas may be in close proximity to
the City's boundaries, and
WHEREAS, The City is a municipal corporation engaged in, among other
things, the purchase, transmission, distribution and sale of electric energy
to its consumers within the City limits of Fort Collins, and
WHEREAS, in order to eliminate duplication of facilities, the
parties hereto desire to provide for the joint use by each party of the
facilities of the other party
NOW, THEREFORE, in consideration of the mutual covenants herein con-
tained, it is agreed as follows
1 Joint use of facilities hereunder will be permitted generally
by the parties hereto, provided that the party owning the poles on which the
other party desires a particular attachment may, in its sole discretion,
permit or refuse attachment as hereinafter more particularly provided in
Paragraph 10D
2 Any and all jointly used poles covered by this Agreement,
together with all attachments on such poles, shall be placed in conformity
with accepted modern methods and n.eetiny the requirements of the National
Electrical Safety Code, current edition, and subsequent revisions thereof,
and such other specifications as may be mutually agreed upon and approved in
writing by of Poudre and the City Light & Power
General Manager
3 Each party shall operate and maintain its respective facilities
and associated equipment in accordance with the said standards above set forth,
i
provided that, in the event of an emergency, each party may replace and repair
the joint use facilities of the other party at the expense of the other party
If either party, after notice of a condition on its lines endangering the
lines or facilities of the other party, should fail to correct said condi-
tion within a reasonable time, the other party may do so at its expense, but
will be reimbursed therefore by the party owning same In the event of a
major storm or other emergency, the parties hereto shall cooperate fully to
the end that service to the public by both parties will be maintained
4 At the time of attaching its facilities, the attaching party
shall perform any tree trimming necessary Thereafter, each party shall per-
form any tree trimming necessary for safeguarding its own lines and while
so doing shall clear the lines of the other party, who shall bear one-half the
cost thereof
5 Each party attaching to the poles or facilities of the other
party shall identify the facilities attached so as to identify ownership in
conformance with Rule 20(a) of the "Rules Regulating the Service of Electric
Ut lities", made effective January 1, 1967, by The Public Utilities Commission
of the State of Colorado Each Company will identify its own crossarms by
some method generally accepted in the industry so as to identify the facili-
ties attached by each
6 With respect to all joint pole construction under the terms of
this Agreement, whether new pole lines, additions to existing pole lines, or
as replacements of existing joint poles , the parties shall cooperate to the
end that the most economical use of facilities may be realized
7 It is understood that both parties have joint use agreements
with third parties not party to this Agreement and said third party facilities
shall be in accordance with the contract or contracts of the party owning the
pole line Likewise, any other party outside this Agreement must deal with
the owner of the pole line if joint use is desired All non-electrical
City attachments will be coorainated through the City Electric Utility
8 The cost of replacing ar existing jointly used pole or a non-
joint pole prematurely, and installing the required joint pole assembly to
meet the specifications shall be borne by the requiring party A joint use
assembly is a pole assembly jointly used by both parties
9 In the event the poles on which attachment is desired are located
on private property and authorized by right-of-way agreements which do not
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authorize additional lines, it shall be the obligation of the party requesting
privileges to obtain the necessary supplemental right-of-way authorization
10 Procedure under this Agreement shall be as follows
A All communications provided for hereunder, including
all notices, shall be directed as follows
To Poudre
Poudre Valley Rural Electric Association, Inc
4809 South College Avenue
Post Office Box 1727
Fort Collins, Colorado
To City
General Manager
Ft Collins Light & Power Utility
700 Wood Street
Post Office Box 580
Fort Collins, Colorado
or to such other address or persons as either party may Trom time to time
designate in writing for that purpose
B Notices, requests, and other communications hereunder
shall normally be transmitted in writing, provided that, in order to expedite
procedure communications may be transmittea by telephone which shall in all
cases be confirmed in writing specifying the date and approximate time of
telephone contact For the purpose of determining days of notice, time of
telephone contact as confirmed in writing shall govern Requests for attach-
ment shall normally be made on a Joint Use Request Form similar to that attached
hereto and made a part hereof as Appendix A
C Whenever either party hereunder should desire to attach to
poles of the otner party, the party desiring attachment shall give notice as
above provided to the other party of its desire to attach, specifying the
location of poles on which attachment is desired and specifying by sketch the
location of the proposed facilities with respect to facilities located
thereon and the voltage and type of construction involved
D Within five working days of the receipt of such notice,
the party owning the poles on which attachment is requested shall give notice
as above provided of the acceptance or rejection of such request, and in the
case of rejection, may state the conditions, if any, on which the attachment
would be acceptable Any final authorization hereunder shall be considered
an appendix to and a part of this Agreement If application is made for
more than twenty poles, the owner shall have a reasonable additional time
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within which to approve or reject the application
E Following receipt of consent to attachment, the party
desiring to attach shall give advance notice in writing of the date on which
work of attachment shall commence, and the other party shall be permitted to
inspect work to assure compliance with the Agreement
11 Liability and Damages In the conduct of operations pursuant
to this Agreement, each party shall be and remain liable for the negligence
of its employees and agents , and shall indemnify the other party against
liability therefor Each party hereto shall maintain adequate liability
coverage
12 Each party shall pay all taxes and assessments lawfully levied
on its own property upon said jointl; used poles, and the taxes and assess-
ments which are levied on said jointly used poles shall be paid by the owner
thereof
13 The failure of either party to enforce, insist upon, or comply
with any of the terms , conditions, or provisions of the Agreement or its
waiver of the same in any instance or instances, shall not be construed as a
general waiver or relinquishment of any such terms , conditions, or provisions,
but the same shall be and remain at all times in full force and effect
14 Unless otherwise agreed in writing at the time, there will be
no payment for attachments This may be changed at any time by either party
by an amendment to this Agreement with the consent of both parties
15 Tf either party desires at any time to abandon any joint use
facilities, it shall give the other party notice in writing to that effect at
least sixty (60) days prior to the date on which it intends to abandon such
facilities If, at the expiration of said period, the party giving such
notice shall have no attachment on such joint use facilities but the other
party shall not have removed all the attachments therefrom, such joint use
facilities shall thereupon become the property of the other party if the
abandoning party is the owner of the abandoned facilities, the other party
shall pay the abandoning party the then value-in-place of the joint use
facilities, whereupon the abandoning party shall transfer title to such
joint use facilities by a Bill of Sale and if the abandoning party no longer
desires the use of easements for the abandoned facilities , shall Quit Claim
its easement by instrument in proper form The value-in-place of the
facilities shall be the current continuing property record price established
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by Poudre
16 This Agreement shall remain in effect until terminated by
either party by six (6) months ' notice in writing to the other party
Upon termination, existing attachments may remain in place as
if this Agreement were in full force and effect, but new attachments will no
longer be allowed by the other party
17 Termination shall not relieve either party of any liability
hereunder accruing prior to such termination
18 This Agreement shall not be construed to give either party
property rights in facilities of the other party except as may be acquired
pursuant to Paragraph 15
19 Each party shall pay all costs, expenses, and taxes attribu-
table to its own facilities and shall prevent liens arising from its acts
from being placed upon the other's property
20 Each party is an independent contractor and employees of neither
shall be considered employees of the other
21 This Agreement shall be binding upon and shall inure to the
benefit of the successors or assigns of the parties hereto
EXECUTED the day and year first above written
POUDRE VALLEY RURAL ELECTRIC
ASSOCIATION, INC
By
President
ATTEST
CITY OF FT COLLINS
Secretary
By
City Manager
ATTEST
City Clerk
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N
For Sale/Purchase of Poles Authorized Attachments
City of Ft Collins Approval
gy Date Job n
Poudre Valley PEA Approval
By--- Date Job #
Poles Owned by
Hereby Sold to
Township N Range W Section
Address Consideration$
Remarks ---
Appendix A