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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 -2- 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 -3- 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 -4- 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 -5- 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