HomeMy WebLinkAboutContract 19795 CITY SECRE'6 ARY
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AUG rti 9 3�
STATE OF TEXAS $
COUNTIES OF DENTON $
AND TARRANT $
AGREEMENT
This Agreement is made and entered into by and between the
City of Fort Worth (hereinafter referred to as "City") , acting by
and through Charles R. Boswell, its duly authorized Assistant City
Manager, and Texas Utilities Electric Company (hereinafter called
"TU Electric" ) , acting by and through Joe R. Thompson, its duly
authorized Senior Vice President, Witnesseth:
WHEREAS, the City has heretofore been paying TU Electric .a
pole contact rental for the use of space on TU Electric's poles at
the rate of $1.50 per pole contact per year, which rate has been in
effect since May 1, 1941; and
WHEREAS, TU Electric has heretofore been using space on the
City's poles at the rate of $1.50 per pole contact per year, which
rate has been in effect since May 1, 1941, and TU Electric has been
giving the City a credit for such pole contact rentals against the
pole contact rentals paid by the City to TU Electric; and
WHEREAS, said rental rates are no longer adequate and the City
and TU Electric desire to agree to more reasonable rental rates;
NOW THEREFORE, the parties hereby mutually covenant and agree
as follows:
1. The pole contact rental payable by the City for the use
and occupancy of space on the poles of TU Electric in connection
with the City's street lighting, water pumping, police and fire
alarms, traffic control, and other similar, appropriate non-
commercial, governmental uses shall be as follows:
a. A rental rate of $0.125 per pole contact per
month for the months of January, February, March, April
and May of 1993, the payments for said five-month period
being due and payable to TU Electric within thirty days
of billing at the end of September 1993, and being
payment for the City's use and occupancy of such poles
during the five-month period ended May 31, 1993.
b. A rental rate of $0.359 per pole contact per
month for the months of June, July, August and September
of 1993, the payments for said four-month period being
due and payable to TU Electric within thirty days of
billing at the end of September 1993, and being payment
for the City's use and occupancy of such poles during the
preceding four-month period ended September 30, 1993.
c. A rental rate of $4 .30 per pole contact per
year for the City's fiscal year beginning on October 1,
1993 and ending on September 30, 1994, said payment being
due and payable to TU Electric within thirty days of
billing at the end of September 1994 , and being payment
for the City's use and occupancy of such poles during the
preceding twelve-month period ended September 30, 1994.
2. The pole contact rental rate payable by TU Electric for
the use and occupancy of space on the poles of the City shall be as
follows:
a. A rental rate of $0. 125 per pole contact per
month for the months of January, February, March, April
and May of 1993,. the payments for said five-month period
being due and payable to .the City within thirty days of
billing at the end of September 1993, and being payment
for TU Electric's use and occupancy of such poles during
the five-month period ended May 31, 1993.
b. A rental rate of $0.359 per pole contact per
month for the months of June, July, August and September
of 1993, the payments for said four-month period being
due and payable to the City within thirty days of billing
at the end of September 1993, and being payment for TU
Electric's use and occupancy of such poles during the
preceding four-month period ended September 30, 1993.
C4_ A. rental rate. of $4 .30. per pole. contact. per
year for the year beginning October 1, 1993 and ending
September 30, 1994, said payment being due and payable to
the City within thirty days of billing at the end of
September, 1994, and being payment for TU Electric's use
and occupancy of such poles during the preceding twelve-
month period ended September 30, 1994 .
-2-
In lieu of the payments provided for in this paragraph, TU
Electric may, at TU Electric's option, give the City credits on the
bills which TU Electric sends the City as provided in paragraph 1.
Any such credit shall be equal to the amount which TU Electric
would have paid the City as pole contact rentals for the period
covered by the bill.
3. This Agreement shall 'remain in effect until September 30,
1994. Unless written notice is given by either party hereto to the
other not less than one hundred and twenty ( 120) days before the
expiration of this Agreement, it shall be automatically renewed for
an additional period of one year from such expiration date and
shall be automatically renewed thereafter for like periods until
canceled by written notice given not less than one hundred and
twenty ( 120) days before the expiration of any such renewal period.
In witness whereof, the partig,,s hereto havg executed this
Agreement in duplicate on the day of "�-l ,
1993.
4tA y EST: CITY OFnFORT WORTH
By-
Secr ary Assistant City Manager
ATTEST: TEXAS UTILITIES ELECTRIC COMPANY
By
A-CIC
Secretary S4alor Vice Presiden
APPROVED AS TO FO
A D LEGALITY Contract Authorization
City Attorney bate
-3-
G I_f Y %E-0R R E TA R Y
/0 17 q1r
QNIM-T No
30
29
STATE OF TEXAS
COUNTIES OF DENTON
AND TARRANT
AGREEMENT
This Agreement is made and entered into by and between the
City of Fort Worth (hereinafter referred to as "City" ) , acting by
and through Charles R. Boswell, its duly authorized Assistant City
Manager, and Texas Utilities Electric Company (hereinafter called
"TU Electric" ) , acting by and through Joe R. Thompson, its duly
authorized Senior Vice President, Witnesseth:
WHEREAS, the City has heretofore been paying TU Electric a
pole contact rental for the use of space on TU Electric's poles at
the rate of $1.50 per pole contact per year, which rate has been in
effect since May 1, 1941; and
WHEREAS, TU Electric has heretofore been using space on the
City's poles at the rate of $1.50 per pole contact per year, which
rate has been in effect since May 1, 1941, and TU Electric has been
giving the City a credit for such pole contact rentals against the
pole contact rentals paid by the City to TU Electric; and
WHEREAS, said rental rates are no longer adequa.f!E �d -C
�-a-fi -the tty,
and TU Electric, desire to agree to more reasonable lii�� jjEWg '
NOW THEREFORE, the parties hereby mutually covi;e;
as follows:
WORN'.
1. The pole contact rental payable by the use
and occupancy of space on the poles of TU Electric in connection
with the City's street lighting, water pumping, police and fire
alarms, traffic control, and other similar, appropriate non-
commercial, governmental uses shall be as follows:
a. A rental rate of $0. 125 per 'pole contact per
month for the months of January, February, March, April
and May of 1993, the payments for said five-month period
being due and payable to TU Electric within thirty days
of billing at the end of September 1993, and being
payment for the City's use and occupancy of such poles
during the five-month period ended May 31, 1993 .
b. A rental rate of $0. 359 per pole contact per
month for the months of June, July, August and September
of 1993, the payments for said four-month period being
due and payable , to TU Electric within thirty days of
billing at the end of September 1993, and being payment
for the City's use and occupancy of such poles during the
preceding four-month period ended September 30, 1993.
C* A rental rate of $4 .30 per pole contact per
year for the City's fiscal. year beginning on October. 1,
1993 and ending on September 30, 1994 , said payment being
due and payable to TU Electric within thirty days of
billing at the end of September 1994 , and being payment
for the City's use and occupancy of such poles during the
preceding twelve-month period ended September 30, 1994 .
2 . The pole contact rental rate payable by TU Electric for
the use and occupancy of space on the poles of the City shall be as
follows:
a. A rental rate of $0. 125 per pole contact per
month for the months of January, February, March, April
and May of 1993, the payments for said five-month period
being due and payable to the City within thirty days of
billing at the end of September 1993, and being payment
for TU Electric's use and occupancy of such poles during
the five-month period ended May 31, 1993.
b. A rental rate of $0.359 per pole contact per
month for the months of June, July, August And September
of 1993, the payments for said four-month period being
due and payable to the City within thirty days of billing
at the end of September 1993, and being payment for TU
Electric's use and occupancy of such poles during the
preceding four-month period ended September 30, 1993.
C.- A. rental rate. of $4 .30. per pole. contact. per
year for the year beginning October 1, 1993 and ending
September 30, 1994, said payment being due and payable to
the City within thirty days of billing at the end of
September, 1994 , and being payment for TU Electric's use
and occupancy of such poles during the preceding twelve-
month period ended September 30., 1994 .
-2-
In lieu of the payments provided for in this paragraph, TU
Electric -may, at TU Electric's option, give the City credits on the
bills which TU Electric sends the City as provided in paragraph 1.
Any such credit shall be equal to the amount which TU Electric
would have paid the City as pole contact rentals for the period
covered by the bill.
3 . This Agreement shall 'remain in effect until September 30,
1994. Unless written notice is given. by either party hereto to the
other not less than one hundred and twenty ( 120) days before the
expiration of this Agreement, it shall be automatically renewed for
an additional period of one year from such expiration date and
shall be automatically renewed thereafter for like periods until
canceled by written notice given not less than one hundred and
twenty (120) days before the expiration of any such renewal period.
In witness whereof, the pars
,_ s hereto hav executed this
Agreement in duplicate on the day of Tv-
1993.
A EST: CITY-OF FORT WORTH
By
�2
y Secreta Assistant City Manager
ATTEST: TEXAS UTILITIES ELECTRIC COMPANY
By
Secretary Senior Vice President
APPROVED AS TO FO
D LEGALIT
% Contract Authorization
City Attorney
Date
-3-
ON of .Fort Wotth, Texas
Niolor and ®l Communication
DATE REFERENCE NUMBER LOG NAME PAGE
07/27/93 C-1331 12TUPOLE 1 of 2
SUBJECT AUTHORIZATION FOR CITY MANAGER TO EXECUTE AGREEMENT TO USE SPACE ON TU
ELECTRIC COMPANY POLES
RECOMMENDATION:
4
It is recommended that the City Manager be authorized to execute the attached agreement
permitting the City of Fort Worth. to use space on TU Electric Company poles.
DISCUSSION•
The current TU Electric Company franchise agreement contains provisions regarding the
City's use of space on poles belonging to Texas Utilities Electric Company (TU Electric
Company) . The current franchise agreement is scheduled to terminate when a new
franchise is approved by the City Council and it is necessary to enter into a new
agreement concerning the use of space on TU Electric Company's poles.
The attached agreement contains the following provisions:
1. The agreement is for a term ending on September 30, 1994.
2. The pole rental rate shall be $0.125 per pole contact per month for the months of
January, February, March; April and May of 1993.
3. The pole rental rate shall be $0.359 per pole contact per month for the months of
June, July, August and September of 1993.
4. The pole rentals shall be $4.30 per pole contact per year for the year beginning
October 1, 1993 and ending September 1994.
The City presently uses approximately 13,000 TU Electric Company poles and is presently
paying TU Electric Company a pole rental of $1.50 per pole. Under the attached
agreement, for 13,000 poles, the City would pay TU Electric pole rentals of $22,644.00
for January 1, 1993 to September 30, 1993, and $55,900.00 for the 1993-1994 fiscal
year.
The attached agreement also provides that TU Electric will pay the City at the new pole
rental rate for any City of Fort Worth poles that TU Electric uses. TU Electric
currently uses approximately 700 City of Fort Worth poles.
a*e printed on recycled paper
City o,f Fort Worth, Texas
Mayor and Council C
DATE REFERENCE NUMBER LOG NAME PAGE
07/27/93 C-13931 12TUPOLE 2 of 2
SUBJECT AUTHORIZATION FOR CITY MANAGER TO EXECUTE AGREEMENT TO USE SPACE ON TU
ELECTRIC COMPANY POLES
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that funds will be included in the 1993-1994
operating budget of the General Fund for expenditures in FY 1993-1994.
CB:j
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Submitted for City Managers FUND ACCOUNT CENTER IT
Office by: (1O) APPROVED
Charles Boswell 8500 rq ,, COUNCIL
Originating Department Head:
1993
Wade Adkins 7623 (from)
For Additional Information :;ity" ..re+arg�f tha
Contact:
Wade Adkins 7623
as.Printed on recycled paper