HomeMy WebLinkAboutPacific Telephone and Telegraph Company (Pac Bell)1986-09-03 .i
1 City of Ukiah ' s written Position Re the
Interpretation of the Joint Pole Agreement
2 between the City and Pacific Bell
3 I_NTRODUCTI ON
4 This dispute involves the interpretation of an agreement
5 first entered on January 3, 1918 (see Attachment 1) and amended
6 on October 10, 1930. (See Attached 2. ) The specific provision
7 at issue governs the method by which the parties share the cost
8 of poles that they jointly use : the City of Ukiah ("City") for
9 its electrical distribution system and Pacific Bell ("Pac Bell")
10 for its telephone lines . The original agreement provided in its
11 First paragraph (Attachment 1, page 2, subsection (d) ) that if
12 one of the parties to the agreement wishes to use a pole owned by
13 another party to the agreement, the former party shall pay to the
14 other party, upon demand, an amount based on the cost of the pole
15 and the agreement of the parties in each such case . That provi-
16 sion was amended by the 1930 agreement to provide that where one
17 party to the agreement erected poles which any other party to the
18 agreement intended to occupy, the party who erected the poles was
19 required within 30 days after completing the work to submit to
20 the other party :
21 • . . itemized bills showing the cost of
said poles and guys, the erection
22 thereof and the rights of way therefore,
in accordance with the schedule of joint
23 pole prices as adopted from time to time
by the Joint Pole Association of Cali-
24 fornia insofar as applicable thereto.
25 As will be described in more detail below, for the next 54
26 years the parties implemented the provisions of the 1930 agree-
27 ment consistently in one particular way, until 1984 when Pac Bell
28 for the first time contended that the past practice was not
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I consistent with the express terms of the agreement. It refused to
2 continue to pay pursuant to the formula that had been used during
3 the prior 54 years .
4 After setting forth in somewhat more detail the factual
5 background of this dispute, the City will establish that the
6 contract is reasonably subject to an interpretation which sup-
7 ports the 54 year practice between the parties , that the persons
8 who actually negotiated the agreement are no longer available to
9 question regarding their intentions at the time that they entered
10 the agreement; and that the strongest evidence of the proper
11 interpretation of the contract and the intentions of the parties
12 in entering the agreement is the way the parties have conducted
13 themselves under it.
14 STATEMENT OF FACTS
15 Starting in 1930 the parties to this joint pole agreement
16 implemented the agreement in the following way . First, they
17 determined the cost of a pole based on the schedule of joint pole
18 prices published by the Joint Pole Association. 1/ Second, they
19 divided that cost by two to determine each party 's share of that
20
21
22 1. The Joint Pole Association is an organization established
to facilitate the joint use of power poles by different
23 utilities . It is a statewide organization . Pac Bell which
operates in practically every jurisdiction within the state
24 is a member of the Joint Pole Association. The City of
Ukiah has never been a party to the Joint Pole Association .
25 Therefore, the use of the schedule of joint pole prices
established by the Joint Pole Association is controlled
26 exclusively by the terms of the 1930 agreement. (Examples
of the schedule of joint pole prices issued between 1954 and
27 1986 are contained in Attachment 3. )
28
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1 cost, unless a pole were taller than 45 feet. In that case Pac
2 Bell ' s share of cost would equal 1/2 the full cost of a 45 foot
3 pole as revealed by the schedule of joint pole prices . 2/
4 A review of the joint pole price schedules issued by the
5 Joint Pole Association reveals that until 1960 the schedules
6 merely stated the full price for joint poles based on their
7 height (ranging from 25 feet to 65 feet) and their age . (See
8 Attachment 3, pgs. 9 to 15. ) In 1960 for the first time the
9 schedule of joint pole prices included two parts . The first part
10 at the top states the full price of poles based on their length.
11 The second part of the form entitled "sharing of costs" provides
12 a schedule for determining the telephone company 's share of a
13 jointly used pole based on the number of feet above grade the
14 telephone company 's lines are placed on the pole. For example,
15 referring to the 1960 schedule I (see page B of Attachment 3) , if
16 the telephone company placed its telephone line 20 feet above
17 grade on a 45 foot pole, its share of the $132 full price would
18 be $43 .00. The City 's share as an electric utility would be
19
20 2. As can be seen from the forms that have been consistently used
21 to bill for the Pac Bell share of poles erected by the City an
informal agreement must have been reached under which the- City
22 does not charge Pac Bell for poles in excess of 45 feet in
length. (Copies of the "Application For Sale Of Interest In
23 Joint Poles" use between March 17, 1931 to the present, attached
hereto as Attachment 4, demonstrate that no matter how tall the
24 pole Pac Bell never pays more than one half of the length of a 45
foot pole. ) The rationale for this limitation is that Pac Bell
25 does not need to locate its telephone lines as high off the
ground as the City does its electric lines . Therefore, the City
26 determined that it would not be fair to charge Pac Bell for a
pole substantially in excess of the length that Pac Bell would
27 need, if it were stringing its telephone lines from its own
poles.
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1 $89. 00. However, as is evident from the Application For Joint
2 Pole Cccupancy used to calculate Pac Bell 's liability for the
3 joint use of poles under the Joint Pole Agreement (see Attachment
4 4) , the only portion of the joint pole price schedules used on
5 and after 1960 is the portion stating the full price of power
6 poles . These forms prepared by Pac Bell which Pac Bell honored
7 through September 30 of 1983, used the formula for computing each
8 party 's share of cost as described above, rather than the second
9 part of the schedule.
10 Thus, despite the addition of a sharing of costs schedule to
11 the schedule of joint pole prices on and after 1960, for another
12 23 years the parties continued to use only that portion of the
13 schedule of joint pole prices providing the full cost of poles .
14 Apparently , in 1984 Ed Mosbaugh, Pac Bell 's local manager at that
15 time, questioned this method. Even Mr. Mosbaugh, however,
16 prepared and signed applications for joint occupancy that used
17 the formula described above in 1981-1983. (See Attachment 4, pp.
18 1-2. ) Pac Bell now contends that the 1930 agreement requires
19 Ukiah to use both parts of the schedule of joint pole prices and
20 to accept the cost sharing formula contained in those schedules
21 rather than the formula that the parties have used for 54 years
22 after entering the agreement.
23 ARGUMENT
24 1 .
25 THE REASONABLE INTERPRETATION OF THE
AGREEMENT SUPPORTS THE 54 YEAR PRACTICE
26 UNDER THE AGREEMENT.
27 As previously quoted the 1930 agreement requires itemized
28 bills for the erection of poles "in accordance +with the schedule
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1 of joint pole prices" adopted by the Joint Pole Association
2 "insofar as applicable thereto. " Ukiah contends that this
3 language merely obligated the parties to bill each other by using
4 the schedule of joint prices to establish the " . . . cost of said
5 poles and guys, . . . " To the extent, therefore, that the schedule
6 of joint pole prices issued by the Joint Pole Association pro-
7 vides a full cost for poles that portion of the schedule is
8 applicable to the bill . The agreement did not go further and
9 obligate Ukiah to abide by all of the rules of the Joint Pole
10 Association respecting the allocation of costs between the
11 Parties .
12 II .
13 UKI AH'S INTERPRETATION OF THE AGREEMENT
IS SUPPORTED BY THE PARTIES' CONDUCT UNDER
14 THE AGREEMENT.
15 Ordinarily, a contract must be interpreted so as to give
16 effect to the words actually used in the contract. (Civil Code
17 Section 1636; See Mission Valley East, Inc. v . County of Kggn
18 (1981) 120 Cal. App. 3d 89, 97-98, 174 Cal . Rptr. 300, 305. )
19 However, if the language used is susceptible of more than 'one
20 reasonable interpretation, evidence of surrounding circumstances
21 at the time the contract was entered and the subsequent conduct
22 of the parties is material to its proper interpretation. (See
23
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25 3. This interpretation of the agreement is reasonable in
light of Ukiah's election not to join the Joint Pole
26 Association. See Footnote 1. Had Ukiah wanted to obligate
itself to abide by all of these rules it would have joined
27 the Joint Pole Association rather than rely on the more
limited obligations imposed by the Joint Pole Agreement.
28
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I generally 1 Witkin, Califogaia Law (8th Ed. 1973) , Contracts,
2 sections 526 and 527, pp. 448-450. ) Moreover, the law is well
3 settled that the construction of the contract as shown by the
4 acts and conduct of the parties prior to the controversy as to
5 its meaning is entitled to great weight. (Automobile Saleg Union
6 v. East Say Motor Car Dealers (1970) 10 Cal. App. 3d 419, 424, 89
7 Cal. Rptr. 20, 22; In Rg Marriage of Stephenson (1985) 162 Cal.
8 App. 3d 1057, 1080, 209 Cal . Rptr. 283, 398. ) As stated in
9 &utomobile Sales, supra:
10 "Parties to a contract have a right to
place such an interpretation upon its
11 terms as they see fit, even when such an
interpretation is apparently contrary to
12 the ordinary meaning of its provisions."
v.
13 Dieden, 54 Cal . 2d 744 at 754, 8 Cal.
Rptr. 427 at 433. Furthermore, the acts
14 of the parties under a contract should
be used as a reliable means of
15 interpretating an ambiguous contract.
The ambiguity can be created where the
16 parties have demonstrated by their
actions and performance what the con-
17 tract meant to them, even though the
words standing alone, might have a
18 different meaning to the court. If this
were not the rule, the court would be
19 enforcing one contract when both parties
have demonstrated they mean and intend
20 the contract to be quite different.
(Citation omitted. )
21
22 In the case of the joint pole agreement between the City and
23 Pac Sell the parties have given the agreement a consistent
24 interpretation as reflected in their actions for 54 years, before
25 a controversy arose. This interpretation is reasonable in light
26 of the language used in the contract, but even if it were not, as
27 stated in &itomobile Sales, supra, at 10 Cal . App. 3d 424, 89
28 Cal. Rptr. 22, the parties to a contract have a right to place
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1 such an interpretation -upon the contract as they see fit, even
2 when such an interpretation is apparently contrary to the ordi-
3 nary meaning of its provisions.
4 One could argue that the words in the 1930 agreement: "The
5 schedule of joint prices as adopted from time to time by the
6 Joint Pole Association . . ." suggests that if the Joint Pole
7 Association changed its method of reporting the schedule of joint
8 prices, the parties intended to be bound by those changes.
9 However, the parties conduct indicates a very different interpre-
10 tation. As indicated above, the schedule began to include an
11 allocation of costs between the telephone company and the elec-
12 tric utility in 1960. Nevertheless, the parties continued to use
13 only that portion of the schedule providing full prices which
14 they then split equally between them for poles up to 45 feet in
15 length. For the next 23 years, prior to the present controversy
16 arising, the parties continued this practice. That conduct is
17 entitled to be given great weight in interpreting the meaning of
18 the contract. The parties ' right to conduct themselves under the
19 agreement in accordance with their shared understanding of it
20 must be respected. Pac Bell in fact prepared these forms includ-
21 ed in Attachment 4 and submitted them to the City for its reivew,
22 approval and signature . Pac Bell has affirmatively demonstrated
23 its understanding of the meaning of the agreement in this way .
24 By simply dividing the full cost of poles as stated in the
25 appropriate schedule by two Pac Bell's agents in their own
26 handwriting demonstrated their understanding of what this agree-
27 ment means.
28
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I Under the applicable rules of contract interpretation this
2 54 year course of conduct cannot be abruptly reversed simply
3 because some Pac Bell official who was not involved in negotiat-
4 ing or signing the original agreement has decided to give that
5 agreement a different interpretation than his predecessors in
6 both his own organization and in the City .
7 For the above stated reasons, the City respectfully submits
8 that its interpretation of the agreement must be upheld.
9
10 DATED: y/3 o/S-,� Respectfully submitted,
11 RAPPORT AND MARSTON
12 aY=
13 DAV . RAPP RT
City Attorney
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RE: Joint Pole Agreement - City of Ukiah and Pacific Bell
Ukiah, September 24, 1986
TO: James F. King, Jr.
FROM: Pacific Bell
The City of Ukiah and Pacific Bell are in dispute regarding certain costs
and prices of joint poles. It was discovered by Pacific Bell that the
City of Ukiah ("the city") has been incorrectly billing Pacific Bell for
the share of costs of joint poles as specified in the amendment of
October 10, 1930, of the original 1918 agreement.
Some history may help demonstrate our contention. In the spring of 1984
"the city" and Pacific Bell reached some understanding of definitions
and billing of some future operations (letter of May 3, 1984). During
this time a Pacific Bell manager, E. H. Mosbaugh, discovered a billing
practice of "the city" and Pacific Bell that he felt was incorrect. Pacific
Bell was preparing and rendering bills for work performed by "the city."
Mr. Mosbaugh notified "the city" in a telephone conversation with Maurice
Roper, Director of Electric Utility, the procedure of billing wasn' t being
adhered to and asked "the city" to present bills according to the agreement.
In part, the agreement (October 10, 1930) states, ". . . .that upon completion
of the erection of poles and guys as in said agreement provided the party
or parties who have done the work shall render within thirty (30) days
thereafter to any other party or parties who will occupy said poles itemized
bills showing the cost of said poles and guys,. . .". Mr. Roper responded in
a letter dated November 8, 1984. "The City", though, -did begin to prepare
and render bills to Pacific Bell for work performed by "the city." The
amount of the bills leads into the second and unresolved dispute.
Pacific Bell believes that "the city" is rendering bills that are incorrect
because these bills are not in keeping with the agreement that states,
". . .that the cost of joint poles thereunder shall be determined by the
schedule of joint pole prices as adopted from time to time by the Joint
Pole Association of California."
In the past the telephone utility had been paying 50% of the full price
for 35' , 40' , and 45' poles. For any pole of a size of 50' or greater
the telephone utility has been paying 50% of the full price of a 45'
(in effect the price to Pacific Bell never exceeded 50% of a 45' pole,
even when a taller pole was erected). This practice of sharing costs
was discovered by Mr. Mosbaugh during the period of May, 1984, to
November, 1985. An opinion of a Pacific Bell attorney (letter of July 15,
1985) addresses the issue of the share of costs and was requested by me
through Ms. Carol Askew.
Pacific Bell believes the share of costs billed should correspond to
the agreement of the Joint Pole Association of California (now the
Northern California Joint Pole Agreement), whereby the communication
utility (Pacific Bell) pays a share that relates to the amount of pole
purchased, or grade, section VI, B, (ii). The more grade purchased by
Pacific Bell the greater the share of costs paid, lesser grade is at a
lesser share of costs.
For example, in 1984 the full price of a 45' pole was $645. If partici-
pation was with the Pacific Gas and Electric Company, and we purchased
grade at 20' up the 45' pole our share would be $207 and P.G.&E. 's share
would be the difference, or $438 ($207 + $438 = $645). If we purchased
grade at 24' of the 45' pole, our share would be $248 and P.G.&E. 's share
would be $397, reduced due to our higher grade.
Xbw, if we purchased grade on a larger pole, say a 55' pole, the cost
of our grade at 24' remains at $248 but P.G.&E. 's share is greater,
$691, as the full price of a 55' pole is $939. At a 24' grade we consis-
tautly pay $248 on any pole of 35' , or taller. The formula covers poles
from 35' to 100' in height.
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The city contends that we should pay one-half the cost of a full size
pole up to 45' in height, not to exceed one-half of a 45' pole when a
larger pole is erected. If we want to purchase 20' of grade on a 45'
pole, the city contends we should pay (using the 1984 schedule) $322.50
If we want to purchase 24' of grade on a 45' pole the city contends we
should also pay $322.50. If we want to purchase 24' of grade on a 55'
pole, the city says we only owe them $322.50, one-half of the full
price of a 45' pole.
Pacific Bell contends that it shouldn't have to pay for more grade on a
pole than it wishes to use and only wishes to purchase grade on a pole
that it needs. Pacific Bell has, because of past practices, paid more
than its share of the cost of joint poles to "the city" than it would
have if the schedule of joint pole prices of the joint pole association
were used.
Attached are documents related to the points made previously. I welcome
the opportunity to address the issue in the hearing to be scheduled as
part of the resolution of this dispute.
A. F. SC EITER
MGR.-ENGR.
(707) 468-2640
P. 0. BOX 899
UKIAH, CA 95482
AFS:mb
CITY OF
UKIAH _
203 SOUTH SCHOOL STREET
UKIAH, CALIFORNIA 9S482
PHONE 707-462-2971
May 3, 1984
Mr. Ron Zawerucha
Pacific Bell
Public Works Coordinator
419 Talmage Road
P.O. Box 899
Ukiah, CA 95482
Dear Ron:
The purpose of this letter is to put in writing understandings reached
at the meeting of March 9, 1984, attended by Ed Mosbaugh, Pacific Bell,
Engineering Manager; Steve Reed, Pacific Bell, Pole Contract Coordina-
tor; Maurice Roper, City of Ukiah, Director of Electric Utility; and D.
Kent Payne, City of Ukiah, City Manager.
1. "That vicinity" as used in the agreement between the
Town of Ukiah City and Pacific Bell dated January 3,
1918 is understood to include areas surrounding the City
of Ukiah city limits where it may be necessary for the
City of Ukiah to extend its distribution lines for its
purpose and use. It is also understood that all
sections of the agreement are to operate both within the
Town of Ukiah City and vicinity in Mendocino County.
2. That the Town of the City of Ukiah shall pay Pacific
Bell, within 60 days of receipt of a bill, specific
costs of transferring facilities to any replacing poles,
anchors, and stubs placed by the City in accordance with
the January 3, 1918 agreement. Said costs to be on a
one time only basis and shall be computed using the flat
sum book cost which is understood to mean "average cost
method" as established by Pacific Bell for Ukiah Engi-
neering District. Pacific Bell to provide cost veri-
fication upon request by City.
If this is your understanding of the points discussed at our meeting of
March 9, 1984, please execute a copy of this letter and return it to us
for our files.
PACIFIC BELL CITY OF UKIAH
Title: Title: 3; !
Hate: bate: 4��
Re: Joint Pole Agreement - City Of Ukiah
San Ramon, July 15, 1985
CAROL ASKEW:
I am responding to your request for a legal opinion
concerning Pacific Bell's cost-sharing obligation with
respect to joint pole use in the Town of Ukiah City.
FACTS PRESENTED:
Pacific entered into a joint pole occupancy agreement
with the Town of Ukiah City, the Snow Mountain Water and
Power Company and Western Union in 1918. The original
contractual agreement incorporating the terms and
conditions of joint pole use was amended by subsequent
written agreement in 1930, with Pacific Gas and Electric
Company succeeding to the rights and obligations of the
Snow Mountain Water and Power Company.
Pacific Bell Engineering has been paying fifty percent
(50%) of the joint pole costs in the Town of Ukiah City
for a period -of time which cannot be ascertained without
great difficulty. It is believed that this valuation of
Pacific's proportionate share of joint pole expenses is
erroneous and not in accord with Pacific's contractual
obligations.
ISSUES PRESENTED:
1. What is the correct valuation of the share which
Pacific should be paying under the agreements?
2 . If the payment of fifty percent (50%) of the joint
pole expenses is incorrect, may Pacific now start paying
its share at the correct rate?
ANSWERS:
I. Pacific's cost-sharing obligation for joint pole
use in the Town of Ukiah City should be paid in
accordance with the Joint Pole Association's current
Schedule of Prices.
II. It is legally proper for Pacific to commence paying
` at the correct rate, and Pacific should attempt to
recover the overpayments which were made.
DISCUSSION:
I. PACIFIC'S COST-SHARING OBLIGATION
The original 1918 agreement provided that the expense
for erection, repair and replacement of poles and
associated equipment for joint use by the parties was to
be jointly shared. Although not expressly stated, there
is a very strong implication that all parties to the
agreement would share the expense of joint pole use on
an equal basis, unless the agreement provided <--
otherwise. Since there were four (4) original parties
to the agreement, Pacific should have been paying
twenty-five percent (25%) of the costs.
However, the 1930 modification to the 1918 agreement
expressly amended the original agreement to reflect the
fact that costs are to be apportioned among the parties
in accordance with the Schedule of Prices adopted from <--
time to time by the Joint Pole AssocIaibn of
California.
A subsequent letter agreement between Pacific Bell and
the Town of Ukiah City, dated May 3, 1984, is irrelevant
to the issue at hand.
Based on the foregoing, it is concluded that Pacific
should now be paying the cost share that is specified
for a communications utility in the Joint Pole
Association's Schedule of Prices, unless there are facts
or circumstances of which I am unaware (i.e. , oral
agreements) which would materially affect this
conclusion.
II. PAYMENT OF CORRECT PROPORTIONATE SHARE
The fact that Pacific's employees may have been
unilaterally operating under a mistaken belief that
2.
Pacific was obligated to pay a greater share of joint
pole expenses than it was obliged to in the Town of
Ukiah City does not mean that Pacific must continue to
do so and cannot now rectify the situation: A mistaken
interpretation of Pacifies legal obligations under the
1918 agreement is excusable under the law, especially if
Ukiah, Western Union and Pacific Gas and Electric
Company knew of Pacific's mistake, failed to correct it
and took advantage of or enjoyed the benefit of Pacific
paying a greater share. In this instance, the other
parties may have benefitted from having to pay less for
joint pole expenses, as a result of our mistake.
It is not only legally proper for Pacific to commence
paying its correct proportionate share, but it is
recommended that we pursue the issue of restitution for
any overpayments which were made in the past, if
practicable.
If you have any questions regarding the above, please
contact me.
DOROTHY D. GUILLORY
Attorney
DDG:alw
(415-823-0888)
3 ,
419 himage RUIJ PACIFIC BELL.
pU Boy 959
uKla^, fa6;orr.:.11<397 9990 4f�
Ukiah, June 28, 1985
Maurice Roper
City of Ukiah
203 South School
Ukiah, Ca. 95482
Dear Maurice:
In our last conversations, we were not able to reach agreement in
regards to the payment schedule for the share of joint poles of
the City of Ukiah and Pacific Bell. We have referred the question
to our legal staff and at this time have not had an answer from
legal.
In the meantime, we have elected to make payment to the City of
Ukiah in an amount that corresponds to the current joint pole
schedule as it relates to the purchased grade of the particular
pole(s). We know you do not agree to this schedule, but we ask
your patience in this matteruntil we hear from our legal staff.
We have received two bills from the City of Ukiah. We adjusted
the amount to correspond to the rate that we believe is correct
(Oct. 10, 1930 Amendment of the Joint Pole Agreement with the
City of Ukiah). We subsequently received bills for the difference;
which we have not paid. We will withhold payment of this amount
until the matter is resolved. If you have any questions, I can
be reached at 707 468-2640.
Fred Schneiter
Manager-Engineering
Attachments
cc: A. M. Williams
CITY ' OF
UKIAH INVOICE '
203 SOUTH SCHOOL STREET For Amount Due As Shown Below N 0 1838
UKIAH, CALIFORNIA 95482
PHONE 1707) 462.2971 November 13, 1984
Account No. Amount
F
Pacific Bell
419 Talmage Rd.
Ukiah, CA 95482
L
DESCRIPTION AMOUNT
One half interest in the following items as per P.T. No. 993
Qty. Size Year Set Rate/Pole Amount Remarks
1 55' 84 $645.00 $322.50 @ of 45' Price
1 30' 84 $363.00 $181.50
1 1" 84 $101.00 $ 50.50 25 P
$554.50
15&4-51T
Amount being paid has been adjusted per the Oct. 10, 1930
5a� ob
Amendment of the Joint Pole Agreement with the City of Ukiah.
See Attachment for breakdown of amount paid.
NON-TAXABLY
1
CITY 4•F
UKIAH INVOICE
203 SOUTH SCHOOL STREET For Amount Due As Shown Below N2 1838
UKIAH, CALIFORNIA 95482
PHONE I707I 462-2971
November 13, 1984
Aeeount No. Amount
1
Pacific Bell
419 Talmage Rd.
Ukiah, CA 95482
DESCRIPTION AMOUNT
One half interest in the following items as per P.T. No. 993
Qty. Size Year Set Rate/Pole Amount Remarks
1 55' 84 $645.00 }
$322.50 ra � of 45 Price
1 30' 84 $363.00 $181.50
. 1 1" 84 $101.00 $ 50.50 25 P
$554.50
$554.50
Paid 2-4-85 -526.00
$ 28.50
This Account iS PAST DUB
p L E A S E REMIT LEGAL AG'TIOIT
WILL BT Tam V PAY3=
=g=U=AT 011CS
REV.3-62/VC
APPLICATION FOR JOT.1i'T OCCUPANCY
TO: P T 9 9 3
p g � APPLICATION NUMBER
l., A-L -
Under-and pursuant to Joint Pole Agreement.dated January 3, 1918 the undersigned
corporation hereby requests you to sell to it a—i—interest in your pole or
poles described in the following schedule and agrees to pay therefore the amount
as specified herein.
EFFECTIVE DATE C0 .
APFLILANT
DESCRIPTION �h
CIA
QTY. SIZE YEAR SCHED RATE/ AMOUNT RE MARIES BY NAME L IT TL'E ��
SET NO. POLE
S 5 Y� Ma 3`i.°° a5�,°a as ' MG
1 3O' �4 1- 3(�3c� y IH� So ��3-• APPROVED:
BY
NAME TITLE
Maximum Voltage Limitation KV
Job Reference -V D 111 t OS Code e-
Engineer C In
SKETCH
LC 3340 b
W
VI P. 14
Q 55 ' Pcle..
MILL STRCC T
_Z
M 3 0 ' Pole
I 1,4„ Anc .
I I
I I
CITY ' OF
UKIAH INVOICE
203 SOUTH SCHOOL STREET For Amount Due As Shown Below N2 1839 j
UKIAH, CALIFORNIA 95.482
PHONE (7071 462-2971
November 13, 1984
Accounf No. Amount
I
Pacific Bell
419 Talmage Rd.
Ukiah, CA 95482 _
DESCRIPTION AMOUNT
One half interest in the following items as per P.T. No. 994
Qty. Size Year Set Rate/Pole Amount Remarks
1 55' 84 $645.00 $322.50 @ k of 45' Price
1 45' 84 $645.00 $322.50 31
$645.00
$Is43�b
5v-7,00
Amount being paid has been adjusted per the Oct.10, 1930
Amendment of the Joint Pole Agreement with the City of Ukiah.
See attachment for breakdown of amount paid.
NON-TAXABLL
CITY OF
UKIAH INVOICE
293 SOUTH SCHOOL. STREET For Amount Due As Shown Below N? 1839
UKIAH, CALIFORNIA 95482
PHONE (7071 462-2971
November 13, 1984
Account No. Amount
F
Pacific Bell
419 Talmage Rd.
Ukiah, CA 95482
L
DESCRIPTION AMOUNT
One half interest in the following items as per P.T. No. 994
Qty. Size _ Year Set Rate/Pole Amount Remarks
1 55' 84 $645.00 $322.50 @ ;I of 45' Price
1 45' 84 $645.00 $322.50
$645.00
Paid 2-4-85 $645.50
-507.00
This Account is PAST DU13 $ 138.50
PLEASE REMIT
Wal,a TAW 17
ROT Wr,a 0B13
APPLICATION FOR JOINT OCCUPANCY
r
APPLICATION NUMER
19 1'4
Under-apud pursuant to Joint Pole Agreeskent.dated January 3, 1918 the undersigned
corporation hereby requests you to sell to it a___�_interest in your pole or
poles described in the following schedule and agrees to pay therefore the amount
as specified herein.
EFFECTIVE DATEAPPLiCANi
DESCRIPTION
QTY. SIZE YEAR SCM RATE/ AMOUNT REMARKS BY -
SET NO. POLE NAME TITLE
ti 55 ' �9 Z q3`i.o`
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BY
NAME TITLE
Maximum Voltage Limitation 13 5` gp
Job Reference TSB I g l C S Code r C.
Engineer _ C ►\A1 „
SKETCH
LC ..0CCyc E , GCSBI3 STREET
P. 0-5 r" U
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UKIAH
203 SOUTH SCHOOL STREET
UKIAH, CALIFORNIA 95482
PHONE 707-462-2971
November 8, 1984
Pacific Bell
419 Talmage Road
Ukiah, CA 95482
Attention: Mr. E. H. Mosbau h, Manager, Engineering
Dear Mr. Mosbaugh:
This letter is in response to our phone conversation relative to PT
Nos. 993 and 994, wherein you indicated that you felt that we were not
interpreting the contract between PTandT and the City of Ukiah correct-
ly and, as such, felt that Pacific Bell should not issue the billings
as you have done in the past, or at least until a determination could
be made by Pacific Bell as to the correct method. Since you intended
to submit these to your attorneys for review, you asked that we provide
the billing. Enclosed are the invoices detailing these two PT's for
your payment.
We are somewhat surprised at your change of attitude regarding the
billings, since your company has for years interpreted the billings in
the same fashion that the City of Ukiah has, and for some reason at
this late date, you have reviewed the contract and have come up with a
determination that is different. As a result of past practice and our
mutual interpretation of the contract, we see no reason to make changes
and, in fact, feel that the present interpretation is correct and in
line with the agreement as executed between the City of Ukiah and
Pacific Bell. We are enclosing two copies of PT's that reflect your
acceptance of this method on past billings and are the same as PT's 993
and 994. Again, this practice and this interpretation of the contract
has been followed for years, and we find absolutely no reason to change
that procedure at this late date.
If we can be of further assistance, please do not hesitate to call upon
us, and we will do what we can to answer any questions you may have.
Very truly yours,
iev z�
Maurice K. Rope
Director of Electric Utility
MKR:gp
Enclosures
cc: Mr. D. Kent Payne, City Manager
Mr. David Rapport, City Attorney
Mr. Vince Cole, Assistant Electrical Distribution Engineer
4
CITY OF
-- UKIAH INVOICE
203 SOUTH SCHOOL STREET For Amount Due As Shown Below N? 1838
UKIAH, CALIFORNIA 95482
PHONE (707) 462-2971
November 13, 1984
Account No. Amount
Pacific Bell
419 Talmage Rd.
Ukiah, CA 95482
L
DESCRIPTION AMOUNT
One half interest in the following items as per P.T. No. 993
Qty. Size Year Set Rate/Pole Amount Remarks
1 55' 84 $645.00
$322.50 @ 11 of 45 Price
1 30' 84 $363.00 $181.50
1 V 84 $101.00 $ 50.50 25 P
$554.50
$554.50
CITY OF
UKIAH INVOICE
203 SOUTH SCHOOL STREET For Amount Due As Shown Below N2 1839
UKIAH. CALIFORNIA 95482
PHONE 17071 462-2971
November 13, 1984
Account No. Amount
Pacific Bell
419 Talmage Rd.
Ukiah, CA 95482
L
DESCRIPTION AMOUNT
One half interest in the following items as per P.T. No. 994
Qty. Size Year Set Rate/Pole Amount Remarks
1 55' 84 $645.00
$322.50 @ li of 45 Price
1 45' 84 $645.00 $322.50 31
$645.00
$645.50
`sue
STANDARD IDENTIFYING INITIALS OF MEMBER PARTIES
For purposes of the Joint Pole Agreement, the standard
identifying initials of the parties thereto are as follows :
Identifying
Member Compaq Initials
Citizens Utilities Company of California CU
City of Alameda CA
City and County of San Francisco SF
C P National CP
Continental Telephone Company of California CT
Evans (Livingston) Telephone Company ET/LT
General Telephone Company of California GT
Happy Valley Telephone Company HV
Pacific Bell PT
Pacific Gas and Electric Company PG
] Sacramento Municipal Utility District UD
Sacramento Northern Railway SN
Siskiyou Telephone Company ST
Sierra Telephone SR
The Atchison, Topeka & Santa Fe Railway Co. AT
The western Union Telegraph Company ;dU
Tuolumne Telephone Company TT
Volcano Telephone Company VT
City of Gridley GR
}
1
l 8-43 (Rev. 5/85)
NORTHERN CALIFORNIA JOINT POLE ACHMENj
TABLE Qom+ C-ONTENTS
Part and
Station Title
Part I Explanation of Terms 1
Part II Organization of Joint Pole Association 2
Part III Scope of Agreement 2
' Part IV Specifications 2
Part V Operations 3
1 Section I Establishing Joint Ownership of New
1 or Replacing Pole Facilities 3
Section II Establishing Joint Ownership of
Existing Pole Facilities 3
Section III Establishing Joint Ownership Where
Duplicate Pole Facilities Exist 4
Section IV Division of Ownership of Joint Poles 4
Section V Maintenance of Joint Polea and
Attachments 4
Section VI Discontinuing Joint Ownership of
Joint Poles 5
Section VII Allotments and Use of Spaces on
` Joint Poles 5
} Section VIII Clearance and Guy Contacts 6
Section IX Rights of Way 6
Section X Change in Characteristics of Circuits 6
Section XI Division of Costs y
Section XII Foreign Attachments 9
Part VI General Provisions g
Section I Liability g
Section II Defauits 10
Section III Bills 11
Section IV Payment of Taxes 11
Section V Waiver of Terms or Conditions 11
Section VI Assignment 11
Section VII Amendments 12
Section VIII Withdrawals 12
Section IX New Parties 12
\ Section X Service of Notices 12
J Section XI Effective Dates and Termination
of Oakland Joint Pole Agreement 12
J Section XII Parties and Execution of Counterparts 13
Exhibit A Table of Division of Pole Costs 14
Procedure for Use of Table 14
l _i_
J
NORTHERN I�FQBNIA
JOIN POLE AGRF.01EN
This agreement, made as of the loth day of October, 1960, by and between the
1 parties executing It in accordance with Section X11 of Part VI hereof,
WHEREAS the parties hereto desire to provide for joint use of their respective
poles when and where such joint use will be to their mutual advantage; and
} WHEREAS the conditions determining the necessity or desirability of joint use
depend upon the service requirements of the several parties, Including consideration of
safety and economy, and each party should be the sole judge of what the character of its
circuits should be to meet its service requirements and as to whether such service require-
ments can be properly met by the joint use of poles;
J NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties hereto, for themselves and their respective siiecessors and assigns, do hereby
agree as follows:
PART I - EXPLANATION OF TEAMS
Wherever used in this agreement, the following words and phrases shall have the
indicated meanings unless the context requires otherwise.
1. Attachments - All wires, cables, equipment, appliances, apparatus, fixtures and
appurtenances affixed to, supported by or suspended from poles.
\ 2. Clearance Contact - Attachment of one party's crossarm, pole top extension, or
J conductors to a pole of another party or a joint pole when (a) such attachment is
` made solely for the purpose of providing or maintaining required horizontal or
J vertical clearances, and (b) the party making the attachment would not have required
a pole if the pole contacted or the wires suspended therefrom did not exist.
3. Communication Circuit - As defined in General Order No. 95 of the Public Utilities
Commission of the State of California.
4. Communication Utility - A party who, except as set fortn in 6, is the owner of
communication circuits.
5. Constructing Party - The party undertaking work of setting joint poles.
6. Electric Utility - A party who is the owner of supply circuits. The owner of both
supply and communication circuits supported by a joint pole is deemed to be an
Electric Utility.
7. Foreign Attachments - Attachments owned by a foreign company.
/ 8. Foreir Company - Any individual, association, firm or corporation not a party to this
agreement.
9. Guy Contact - Attachment of one party's anchor guy, pole-to-pole guy, cable messenger
extension of one or more spans or lamp suspension wire to a pole of another party or
a joint pole except when such pole or joint pole is used exclusively as a guy stub.
1 10. Interset Pole - A pole required solely by one party, and
J (a) set in a pole line owned by one or more other parties, or
(b) set adjacent to a joint pole and in the alignment of a jointly-owned pole line by
one of the owners thereof to form a multi-pole structure.
11. Joint Pole - A pole, or where applicable an anchor, jointly owned by two or more of the
parties to this agreement.
12. a imam Grade - The top of the uppermost space allotted on a joint pole for Communication
Ut lity attachments.
. � 13. 0 comi g Part - A party who desires to acquire joint ownership in existing pole facilities,
e tsar solely owned or jointly owned.
14. Eels Fac_I1 ties - One or more poles and/or anchors.
15. E212 Framing - Gaining, boring and installing crossarms.
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J
16. Snace - A linear portion of the pole parallel to its axis.
17. ,yly2cifications - The specifications"-set forth in part IV of this agreement.
18. Stubbed Pole - A "stub reinforced pole" as defined in said General Order No. 95•
19. Supply Circuit - As defined in said General Order No. 95.
PART U - ORGANIZATION OF JOINT POLE ASSOCIATION
(a) In general the administration of this agreement shall be under the direction
of In association of all of the parties to this agreement to be known as the "Northern
California Joint Pole Association."
(b) Each party to this agreement shell appoint one (1) representative to the
Association, and each such representative shall have a vote equal to that of any other
representative. }
(c) The representatives to the Association shall, by a majority vote, adopt
appropriate by-laws to govern the operation of the Association. 1
1
PART III - SCOPE OF .AGREEMENT
(a) This agreement shall be in effect in those areas in the State of California
in which any two or more of the parties hereto now or hereafter render service and in such
adjacent areas as such parties may from time to time agree upon, and shall cover all wood
poles of such parties now existing or hereafter erected in said areas when said poles are }
brought under this agreement in accordance with the procedures hereinafter provided.
(b) While it is the desire and purpose of each party hereto to participate fully
with the other parties in the joint ownership of pole facilities, no provision hereof shall
abridge or be construed to abridge the right of any party to refuse to so participate in y�
specific cases, if in its sale judgment it has sufficient Justification for so refusing. 1
Therefore, each party hereto hereby expressly reserves the right in specific cases (1) to
refuse to participate in the creation of new cases of joint use of pole facilities, and
(2) to exclude an additional party from participating in the joint use of any joint pole
in which the party exercising such reserved right has an ownership interest.
PART LV - SPECIFICATIONS
All Joint poles and all attachments thereto shall be placed and at all times
maintained in accordance with the following specifications:
(a) All applicable laws and ordinances and all applicable rules, regulations,
orders and decrees of properly constituted bodies and tribunals having
jurisdiction, including, without limiting the generality of the foregoing,
General Order No. 95 of the Public Utilities Commission of the State of
California and any supplements thereto or revisions thereof.
(b) The Line of Sight Rule.
(a) Such other specifications as the parties hereto may from time to time mutually
agree upon.
As used herein, the Line of Sight Rule means that at no point in any span between joint
poles (a) shall any supply circuit of seven hundred fifty (750) or less volts be lower
than the line of sight between the points where the uppermost communication circuit is
attached to each pole of the span, or (b) shall supply circuits of more than seven hundred
fifty (750) volts be lower than thirty (30) inches above the aforesaid line of sight.
_2,
J
OPERATIONS
J Section 16
Establishing Joint Ownership
New 91 Redlac ng Pole F,clliti-u
Whenever any party proposes to construct new pole facilities or to reconstruct
} existing pole facilities, either solely owned or jointly owned, such party shall give
notice of such proposal to the others operating in the locality. If the party giving
such Uotice and one or more of the parties receiving such notice shall agree to establish
joint ownership, they shall co-operatively develop plans therefor, and the necessary work
shall be performed as follows:
(a) Any party desiring joint ownership may be the constructing party when joint
poles are to be set in a location not occupied by existing pole facilities,
provided that when such joint poles are to be jointly owned by one Electric
Utility and one Communication Utility, each shall set approximately fifty per
cent (50%) of such joint poles set in any one (1) year. A non-constructing
party may perform pole framing work on the ground, provided such work is
within the hoisting capacity of the constructing party's equipment and is co-
ordinated with the constructing party's work.
(b) Unless otherwise agreed, an Electric Utility shall be the constructing party
in the replacement of joint poles supporting energized supply circuits. When
necessary, the non-constructing parties shall give such assistance as may be
l required to expedite placement of the new pole. The constructing party shall
top the replaced pole if required by any party. Each party shall transfer its
attachments to the replacing pole. Unless otherwise agreed, the last party to
remove its attachments from the replaced pole shall remove and dispose of it.
J (c) Where an existing joint pole is to be replaced by a new one at a location
unobstructed by energized supply circuits, any party who is an owner or desires
joint ownership may be the constructing party and, unless otherwise agreed, the
last party to remove its attachments from the replaced pole shall remove and
dispose of it.
(d) Where it is agreed that an existing solely-owned pole shall be replaced with a
joint pole, the owner shall be the constructing party and, after transferring
its own attachments, shall remove and dispose of the replaced pole. If the
foregoing procedures are not practicable in specific cases, other arrangements
may be agreed upon.
(e) When required to facilitate transfer of any party's attachments, a replacing
1 pole shall be set in the same hoie which the replaced pole occupied.
1 (f) Where a difference exists in the pole location requirements of the parties, a
number of poles sufficient to accommodate the requirements of all parties
shall be set at locations agreed upon. All such poles shall be joint poles
except in the case of multi-pole structures. Only one (1) pole of R fixtures,
transformer structures, or other multi-pole structures shall be a joint pole
and each remaining pole of such a structure if set in the alignment of the
jointly-owned pole line shall be classified as an interset pole.
} (g) Where one party desires to support additional strains that cannot be accommodated
by an existing joint or solely-owned anchor, such party, shall, where practicable,
set an additional solely-owned anchor to support the added strain. Where such
action is not practicable, such party shall set a new joint anchor of sufficient
size to accommodate the combined strains of all parties. In such cases where a
new joint anchor is set, each party shall transfer its own guy and the last
party to complete such transfer work shall remove or otherwise dispose of the rod
from the replaced anchor.
(h) When scheduling construction work, each party shall give the service commitment
dates of another party the same consideration it gives to its own service
} commitment dates.
J Section II
Establishing Joint Ownership
1 of Existing Pole Facilities
1 Whenever any party desires to acquire joint ownership in existing pole facilities,
either solely owned or jointly owned, and such joint ownership is agreeable to the owner or
owners, the parties shall proceed as follows:
(a) If the pole facilities are suitable for joint use, the oncoming party shall M
purchase an interest therein in accordance with the terms of this agreement
and shall place its attachments thereon. The owner or owners shall make such
rearrangements of its or their attachments as may be required to accommodate
the oncoming party's attachments.
(b) If the pole facilities are not suitable for joint use, the parties shall proceed
In accordance with the provisions of Section I of this Part V.
Whenever, under (a) or (b) above, a difference exists in the pole location requirements of
the parties, the provisions of Section I(f) of this Part V shall apply.
Section L,
Establishing Joint Ownership
Where Duplicate Po a Fac lities Exist -y
Where duplicate pole facilities not owned by the same party exist and one party
proposes to reconstruct its pole facilities, such party shall notify the other of such
proposal. If the parties should agree to establish joint ownership of one or the other of
the duplicate pole facilities, they shall cooperatively develop plans therefor, and the
necessary work shall be performed as follows:
(a) The owner of the pole facilities to be reconstructed shall replace all poles not
suitable for joint use with poles suitable for joint use, transfer its attachments
and remove its replaced poles. For the purposes of Section XI(d) of this Part V,
all such pole replacements shall be considered to have been made for the mutual
benefit of the parties. Such owner shall also make any rearrangements of its
attachments on existing poles suitable for joint use that may be required to pro-
vide space or grade needed by the oncoming party. Whenever a difference exists
in the pole location requirements of the parties, the provisions of Section l(f)
of this Part V shall apply.
(b) The oncoming party shall install its attachments on the joint poles and shall remove
and dispose of its solely-owned poles.
Section IV
Division of Ownership of Joint Poles
(a) Each owner of a joint pole shall own an equal undivided interest in each
joint pole less than thirty-five (35) feet in length and in each joint anchor.
(b) The ownership interests in each joint pole thirty-five (35) feet in length
or longer shall vest as follows:
(1) Where the owners are all of the same type of utility (either electric or
communication utilities), each shall own an equal undivided interest in such
pole.
(2) Where the owners are not all of the same type of utility, the electric utilities
shall each own an equal undivided interest in an undivided sixty per cent (60%)
of such pole and the communciation utilities shall each own an equal undivided
interest in an undivided forty per cent (40%) of such pole.
Section V
Maintenance of Joint Poles and Attachments
(a) Except in cases involving hazardous conditions or other emergencies, no
repair or maintenance work shall be performed on any joint pole unless and until the owners
thereof shall agree upon the nature and extent of such work. In cases involving hazardous
conditions or other emergencies, the party first at the site shall make such temporary
repairs as the circumstances require without such prior agreement.
(b) Each owner of a joint pole shall maintain its attachments in good order,
repair and condition, and shall promptly repair or replace any of its attachments which may
become defective when notified to do so by another owner. If any attachments should dis-
place or pull out of line any joint pole in the line of poles of which said joint pole is
a part, the party owning the attachments causing such displacement shall make all necessary
repairs to correct such displacement.
J '
Sogtionyj
D scontinuinA Joint 9wnershAR oL J2M& P0163
l (a) If any party hereto should desire to discontinue the joint ownership of
J any joint pole, it shall give the other owners of such joint pole written notice of its
intention to relinquish its ownership interest therein. If any other owner of said joint
pole should also desire to discontinue joint ownership of said joint pole, it shall,
1 within thirty (30) days after the date of such notice, give said other owners written
J notice of its intention to relinquish its ownership interest therein. If all said owners
desire to discontinue joint ownership of said joint pole, they shall proceed under
paragraph (d) of this Section VI.
(b) Subject to the provisions of paragraph (c) of this Section VI, on the date
each owner gives notice of its desire to discontinue joint ownership of a joint pole or
the date removal of all of its attachments from such joint pole is completed, whichever is
later, the party giving such notice shall be relieved of any expense, liability or obligation
under this agreement as to said joint pole, except any such expense, liability or obligation,
whether of indemnity or otherwise, which may have attached or accrued prior to said later
date or which arises out of an occurrence happening prior to said later date, and the owner-
ship interests in said joint pole of the owner or owners giving such notice shall vest in
said other owner or owners. When two or more owners desire to continue joint ownership of
such joint pole, ownership thereof shall vest in accordance with the provisions of Section
IV of this Part V.
` (c) Each owner of a joint pole who has given written notice of its desire to
}� discontinue joint ownership thereof shall remove all of its attachments therefrom not later
than sixty (60) days after the date of such notice, failing which such party's relinquish-
ment of its interest in such joint pole shall not be effective.
(d) If all of the owners of a joint pole should desire to discontinue joint
ownership thereof, each owner shall remove its attachments from such joint pole and the
owner last to do so shall remove and dispose of such joint pole.
Section VII
Allotments and Use of S➢aces on Joint Poles
Unless otherwise agreed, allotments of spaces on joint poles for use by Electric
} Utilities and by Communication Utilities shall conform with the following requirements:
(a) Space Allotments for Electric Utilities
l Space allotments for the use of Electric Utilities shall be on the uppermost part of
J the pole and shall provide sufficient space (1) to accommodate the initial and all
reasonable future requirements for Electric Utility attachments, and (2) to maintain
mid-span clearances between supply circuits and communication circuits required by the
Specifications, including the Line of Sight Rule.
(b) Neutral Space Allotments
The space allotments on joint poles for use by Electric Utilities and by Communication
1 Utilities shall be separated by a neutral space of six (6) feet.
J (c) Space Allotments for Communication Utilities
Space allotments for use of Communication Utilities shall be below the neutral space
specified In (b), above, and shall provide sufficient space (1) to accommodate the
initial and all reasonable future requirements for Communication Utility attachments,
and (2) to maintain the clearances above ground and obstructions required by the
Specifications.
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(d) ZU at ggutral Space All2tm4hts
When agreed to by the owners of any joint gale, the neutral space thereon may be
occupied by such supply circuits and/or communication circuits as do not conflict with
the requirements of the Specifications. When guard arms are required to permit such
occupancy, they shall be placed and owned by the Communication Utility• y
(a) JU, Str_ee-t Litht Suspension &U Vertical ja Attachments
Any owner of a joint pole may place within any space on such pole such of Its guy
street light suspension bracket and vertical run attachments as do not conflict w;th
the requirements of the Specifications, provided that such attachments do not prevent
or interfere with another owner's full use of its space allotment.
Se t o VI II
Clearance a�Ci C1u� Contacts
(a) Joint Use WIthout Joint Ownership r
(1) Any party, with the prior consent of the owner or owners of an existing pole,
may place and maintain clearance or guy contacts on such pole without acquiring
an ownership interest therein or paying rental for the use thereof.
(2) Any party who owns or has an ownership interest in a pole line in which an
interest pole has been placed shall place and maintain clearance contacts on such
pole but shall not be required to acquire an ownership interest therein.
(3) All clearance and guy contacts shall be placed and maintained in accordance with
the Specifications and in such manner as will not interfere with the full use of
the pole by the owner or owners thereof.
(b) Joint Use Aeauiring Joint Ownership
The owner of clearance or guy contacts shall acquire an ownership interest in the pole
contacted under Section I or Section II, as appropriate, of this Part V, in the follow-
ing situations
(1) If and when such owner requires attachments other than clearance or guy contacts
on such pole.
(2) If, due to changed conditions, such owner's attachments on such pole no longer
qualify as clearance Or guy contacts.
(3) When the pole to be contacted replaces a pole which is adequate for the sole
requirements of the owner but is inadequate to accommodate the proposed clearance
or guy contacts. In such cases, the poie replacement shall be deemed to be for
the sole benefit of the owner of the clearance or guy contacts for the purposes
of Section XI(d) of this Part V.
Section 1A
T 1_1Lc/ C'� Bigh3 2f KY
(a) Except as otherwise provided in paragraph (b) of this Section IX, each party
hereto shall be solely responsible for obtaining all necessary right of way privileges or
easements for its occupancy of streets, alleys, other public thoroughfares, or privately or
publicly owned property.
(b) Whenever two or more of the parties hereto desire a permanent easement in any
property to be occupied by new joint poles to be erected under Section I of this Part V, the
constructing party shall,to the extent practicable, secure a permanent easement, acceptable
to and in the names of all the owners of such poles, for the installation, maintenance and
use of such poles. If the constructing party is unable to secure such easement, it shall
promptly give the other party or parties notice in writing of such fact.
Section A
Change !n Characteristics gj its
Whenever an Electric Utility desires to increase the voltage of its supply circuits
or to make some other change in the characteristics of its circuits on joint poles or to place
additional circuits which differ in characteristics from its existing sircuihL,WWagin, and
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J
such changed or additional circuits would affect the protective co-ordination theretofore
provided for the communication and supply circuits then in place thereon, the affected
parties shall co-operatively determine whether joint use of such joint poles shall be
continued. If it is agreed to continue joint use with such changed or additional circuits,
then the parties shall proceed to make such changes in construction as may be required to
meet the Specifications for the characteristics of circuits involved and with such other
changes as may be agreed upon. If, however, the parties should fail to agree to continue
joint use with such changed or additional circuits, they shall co-operate to determine
f the most practical and economical method of effectively providing for separate lines,
either overhead or underground, and the party or parites whose circuits are to be moved
shall promptly carry out the necessary work and shall relinquish its or their ownership
interests in the joint poles so vacated.
Unless otherwise agreed by the parties, ownership of any new overhead or under-
ground lines constructed in a new location -ender the forei-oing provisions shall vest in
the party or parties for whose use they are constructed.
Section XI
Division of Costs
(a) Establishment of Base Prices
} In accordance with procedures established by the Joint Pole Association, the parties
hereto shall annually establish schedules of full base prices. Such full base prices
rather than actual costs shall be used for the purpose of apportioning pole and anchor
costs and such other costs as the parties may from tine tc� time agree upon.
(b) New and Replacing Joint Poles
For all construction and reconstruction of joint poles, such full base prices shall be
shared by the owners as follows:
(1) For poles less than thirty-five (353' feet in length and for all anchors, such
full base price shall be shared equally by the joint owners.
l (2) For poles thirty-five (35) feet in length or longer, such full base price shall
be shared as follows:
(i) Where the owners are all of the same type of utility, the full base price
shall be shared equally by the owners.
(ii) Where the owners are not all of the same type of utility, the full base
price shall be shared by Electric Utilities and Communication Utilities in
the manner described in Exhibit A hereof with the share of each type of
utility divided equally between all utilities of the same type.
(c) Existing Pole Facilities
The oncoming party's costs of acquiring joint ownership interests in another party's
existing pole facilities shall be the amount specified in (b) above, depreciated at
the rate of four per cent (4%) for each of the first twenty (20) years of the existing
pole facilities' used life. For existing pole facilities more than twenty (20) years
old, the depreciation shall be equal to that applicable to pole facilities twenty (20)
years old. In the case of a stubbed pole, depreciation shall be based on the age of
the pole without regard to the date it was stubbed.
(d) Loss of Remaining Life
A nonbenefited party shall be reimbursed for its loss of remaining life in pole
facilities which are prematurely replaced for the benefit of another party or parties
only in the following situations:
(1) Where solely-owned pole facilities which are adequate for the owner's requirements
but are inadequate to accommodate the requirements of an oncoming party are re-
placed, except where such replacement resu_ts in the elimination of duplicate pole
facilities as provided in Section III of this Part V.
(2) Where a joint pole is replaced solely to accommodate additional facilities of one
of the parties and no other party occupies space outside of that allotted to it
for its exclusive use.
In situations described in (1) above, the benefited party or parties shall reimburse
the nonbenefited owner of replaced solely-owned pole facilities for its lass of remain-
ing life therein an amount equal to the then current full base price of equivalent
jointly-owned pole facilities, depreciated at the rate of four per cant (4%) for each
of the first twenty (20) years of used life.
In situations described in (2) above, the benefited party or parties shall reimburse
each nonbenefited owner of replaced jointly-owned pole facilities for its loss of
remaining life therein an amount equal to the amount such owner would pay for its
ownership interest in equivalent new jointly owned pole facilities, computed in accordance
with the provisions of (b) above, depreciated at the rate of four per cent (4%) for
each of the first twenty (20) years of used life.
There shall be no reimbursement for loss of remaining Life in pole facilities which
are more than twenty (20) years old. In the case of a stubbed pole, depreciation
shall be based on the age of the pole without regard to the date it was stubbed.
(a) Transfers and Rearrangements
Each party shall bear the costs of placing and rearranging its attachments on joint l
poles and of removing its attachments therefrom. J
(f) Removals of Pole Facilities
The party removing pole facilities, either solely owned or jointly owned, shall bear
the cost of such removal. No salvage credit shall be allowed on account of any such
removal.
(g) Ground Bracing
When two or more parties require ground bracing on a joint pole or a pole to be jointly
owned, the cost thereof shall be shared equally by such parties.
(h) Guard Arms
When a guard arm is placed to permit attachment of a supply circuit in neutral space,
the cost of installing such guard arm shall be borne by the owner of such supply circuit.
In all other cases, the owner of the guard arm shall bear such cost. J}
(i) Pole Steps
When pole steps are required by the constructing party, the cost of installing them
shall be borne by the constructing party regardless of any requirement for pole steps
by any one or more other parties. In all other cases, the party requiring pole steps
shall bear the cost of installing them.
(j) Joint Pole Repair, Maintenance and Relocation
The costs of repairing and maintaining joint poles and except as hereinafter provided,
of relocating joint poles shall be shared by the parties in the same proportion as that
specified for ownership interests in Section IV of this Part V. When a joint pole is
relocated for the sole benefit of one party, the cost thereof shall be borne solely by
the benefited party.
(k) Protective Measures
Each party shall bear the cost of protective measures applied to its own equipment or _
facilities in the co-ordination of joint use protection.
(1) Interset Poles
The cost of constructing, maintaining and replacing an intereet pole shall be borne by
the owner thereof.
(m) Clearance and buy Contacts
The costs of placing and maintaining clearance and guy contacts shall be borne by the
party making such contacts. There shall be no rent or other charge assessed for
clearance and guy contacts.
(n) Permanent Easements
The costs of securing permanent easements pursuant to Section IX(b) of this Part V for
the installation, maintenance and use of joint poles shall be shared equally by the
owners of such joint poles.
(o) Separation of Lines Due to Changes In r u h racterist
In the separation of lines due to changes in circuit characteristics, each vacating
party's costs of establishing in a now location such circuits as are necessary to
furnish facilities the same as or equivalent to its facilities existing at the time
such separation was decided upon shall be borne by the party changing the characteristics
of its circuits. Credits against such costs shall be made for any plant betterments
incorporated into the circuits constructed in the new location and for the used life
of the joint poles that are to be vacated. Such credit for used life shall be an amount
equal to the amount, computed in accordance with (b) of this Section XI, which the
-8-
J
vacating party would pay in establishing joint ownership of new pole facilities
equivalent to those vacated, less the amount, computed in accordance with (d) of
this Section XI, which such vacating party will receive for loss of remaining life
In the joint poles that are to be vacated.
' Sectio 2L
Foreign Attachments
(a) Foreign Attachments Except Fire Alarm and Police Signal Attachments
(1) Any Electric Utility owning a joint pole may authorize a foreign company to
place and maintain supply circuits and electric supply equipment on said joint
1 - pole, provided that all such foreign attachments shall be treated as attach-
ments belonging to the Electric Utility authorizing such installation and the
rights, obligations and liabilities of such Electric Utility under this agreement
in respect to such foreign attachments shall be the same as if said Electric
' Utility were the owner thereof.
(2) Any Communication Utility owning a joint pole- may authorize a foreign company to
place and maintain communication circuits and communication equipment on said
joint pole, provided that all such foreign attachments shall be treated as attach-
ments belonging to the Communication Utility authorizing such installation and the
rights, obligations and liabilities of such Communication Utility under this
agreement in respect to such foreign attachments shall be the same as if said
Communication Utility were the owner thereof.
(b) Fire Alarm and Police Signal Attachments
Any owner of a joint pole may authorize the installation within the neutral spaces on
said joint pole of such fire alarm or police signal attachments as do not conflict with
the requirements of the Specifications. Fire alarm and police signal attachments
installed pursuant to the provisions of this subsection(b) shall not be treated as
attachments belonging to any party to this agreement.
` (c) Pre-ems Obligations
J If any party hereto has, prior to receipt of an application for joint ownership here-
under, conferred upon a foreign company, by contract or otherwise, rights or privileges
to use any poles of such party, nothing contained in this agreement shall be construed
as affecting such rightscr privileges, and such party hereto shall have the right, by
contract or otherwise, to continue and to extend slich existing rights or privileges,
it being expressly understood, however, that for the purpose of this agreement the
! attachments of such foreign company, except those of a municipality or other public
` authority involving fire alarm or police signal systems, shall be treated as attachments
} belonging to the party hereto who has granted sae h rights or privileges, and the rights,
obligations and liabilities hereunder of such party hereto in respect to such foreign
attachments shall be the same as if such party were the owner thereof.
l (d) Existing Foreign Attachments
1 Whenever any party hereto desires to acquire an ownership interest in a pole which is
owned by a party of a different type of utility and which supports foreign attachments
owned by a foreign company of the same type of utility as the oncoming party, the
oncoming part yy shall negotiate with the foreign company to the end that continued use
of such pole by the foreign company shall be authorized under the provisions of (a)(1)
or (a)(2), above, as appropriate. If the foreign company should be agreeable to such
an arrangement, then authorization for such continued use shall be given as aforesaid
and the prior authorization given to the foreign company by the pole owner shall be
terminated.
PART J - GENERAL PROVISIONS
Section
Liability
(a) Any and all liability for injury to or death of any person (including
employees of the parties hereto) and for loss or destruction of or damage to any property
(including property of the parties hereto) arising out of or in any way connected with the
installation, maintenance, use, relocation, dismantling, abandonment, or removal of any
joint pole or the attachments thereto, or the failure of any party hereto to observe and
perform any obligation hereunder shall be borne by the parties hereto as follows:
(1) Any such liability for injury to or death of an employee of a party hereto shall
be borne by such party; and such party shall defend, indemnify and hold harmless
the other parties hereto against such liability.
_g_
(2) Subject to (1), above, any such liability caused by the sole negligence of one
of the parties hereto, or caused solely by the failure of one of the parties
hereto to observe and perform any obligation hereunder, shall be borne by such
party; and such party shall defend, indemnify and hold harmless the other parties
hereto against such liability.
(3) Subject to (1), above, any such liability caused by the joint or concurrent
negligence of any two or more parties hereto or by the joint or concurrent failure 1
of any two or more parties hereto to observe or perform any obligation hereunder, J
shall be borne equally by such parties, except that each such party shall assume
all rish of loss or destruction or damage to its property; and such parties shall
defend, indemnify and hold harmless the remaining parties hereto against such
liability.
(4) Any other such liability shall be borne equally by the parties involved in the
event or occurrence creating such liability, except that each such party shall
assume all risk of loss or destruction or damage to its property.
(b) Notwithstanding the foregoing, any loss or liability for injury to or death
of any person (including employees of the parties hereto) and destruction of or damage to
any property (including property of the parties hereto) arising out of or in any way connected
with the supply circuits of an Electric Utility attached to or suspended from a joint pole
or poles and carrying voltages between 15,000 and 25v000 volts (measured between any two
conductors of said circuits), irrespective of whether such loss or liability is caused or
contributed to by (1) an act or omissionv negligent or otherwise, of any other person,
whether or not a party hereto, or (ii) any event or occurrence beyond the control of such l
Electric Utility, shall be borne solely by such Electric Utility, except where such loss or J
liability is:
(1) for a payment or payments made to an injured employee or to any relative or repre-
sentative of an injured or deceased employee in conformity with (i) the provisions
If any workmen's compensation act or any act creating a liability in the employer
to pay compensation for personal injury or death sustained by an employee in an
accident arising out of and in the course of his employment, whether based on
negligence on the part of the employer or not, or (11) any plan for employees'
disability or death benefits now established or hereafter adopted by any party
hereto; or
(2) caused by the sole negligence of one of the parties hereto, other than such
Electric Utility, or by the sole failure of one of the parties hereto, other
than such Electric Utility, to observe and perform any obligation hereunder; or
(3) caused by the joint or concurrent negligence of any two or more parties hereto,
of which such Electric Utility is not one, or by the joint or concurrent failure 1 of any two or more parties hereto, of which such Electric Utility is not one, to
observe and perform any obligation hereunder;
and such Electric Utility shall defend, indemnify and hold harmless the other parties hereto
against such loss or liability.
(c) In the adjustment between any two or more of the parties hereto of any claim }
of such liability, the liability assumed by such parties under paragraph (a) and (b) of 1
this section shall include, in addition to the amounts paid to the claimant, all expenses
Incurred by such parties in connection therewith, which shall comprise costs, attorneys' )
fees, disbursements and other proper charges and expenditures.
(d) If any party hereto, as the result of any claim of such liability, should be
compelled to pay damages in consequence thereof to a greater extent than specified in this
section, such party shall have, to the extent of the excess so paid by it, the right of
contribution from the other party or parties affected by such claim.
Section II
Defaults
(a) If any party shall default in any of its obligations under this agreement
and such default continues thirty (30) days after notice thereof in writing by another
party, any party not in default may suspend its participation with the party in default in
the creation of joint ownership of additional pole facilities under this agreement. If
such default shall continue for a period of thirty (30) days after such suspension, any
party not in default may forthwith terminate this agreement with respect to its participation
with the party in default in the creation of additional joint ownership of pole facilities,
but this agreement shall continue in full force and effect with respect to all then existing
joint poles owned by such parties.
-10-
J
(b) If an owner of a joint pole shall default in the performance of any work
which it is obligated to do under this agreement, any other owner of such pole may elect
l to do such work, and the party in default shall reimburse the party doing such work for
f all or that portion of the cost thereof which is chargeable to the party in default.
Failure on the part of the defaulting party to make such payment within thirty (30) days
after presentation of bills therefor shall, at the election of the party doing such work,
constitute a default under paragraph (a) of this Section II.
I1 Section JU
Bills
Bills rendered pursuant to this agreement shall be presented for payment as soon
as practicable after completion of the work covered thereby. Such bills shall be due and
Jl payable upon presentation.
Section IV
Payment of Taxes
Each party hereto shall pay all taxes and assessments lawfully levied upon its
ownership interest in joint poles and upon its attachments thereto.
Section V
Waiver of Terms or Conditions
The failure of any party hereto to enforce or insist upon compliance with any
1
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 in full
} force and effect.
Section VI
Assienment
Except as otherwise provided in this agreement, no party hereto shall assign or
otherwise dispose of this agreement or any of its rights or interests hereunder, or in any
Joint pole, or attachments thereto or right of way occupied thereby, to any person, firm,
1 corporation or other legal entity, without the prior written consent of the other affected
parties; provided, however, that nothing herein contained shall prevent or limit the right
of any party to mortgage any or all of its property, rights, privileges and franchises, or
to lease or transfer any of them to another corporation organized for the purpose of conduct-
ing a business of the same general character as that of such party, or to enter into any
merger or consolidation; and, in case of the foreclosure of such mortgage or in case of such
lease, transfer, merger or consolidation, such party's rights and obligations hereunder shall
pass to, and be acquired and assumed by, the purchaser on foreclosure, the transferee, lessee,
assignee or merging or consolidating company, as the case may be.
-11-
Section
Amendments
This agreement may be amended from time to time in accordance with procedures
established by the Northern California Joint Pole Association, provided, however, that no
such amendment shall become effective unless and until the amendment has been agreed to
in writing by all of the parties hereto.
Section VIII '
Withdrawals
Any party to this agreement may withdraw therefrom by giving at least sixty (60)
days' prior written notice to the Secretary-Treasurer of the Northern California Joint Pole
Association. In the event of any such withdrawal all of the terms and conditions of this
agreement in effect as of the date of said notice of withdrawal shall, with respect to all
joint poles then owned pursuant to this agreement by such withdrawing party and one or more
other parties hereto, remain in full force and effect until the owners of such joint poles
shall execute a replacing joint pole agreement or the withdrawing party shall remove its
attachments from such joint poles. -�
Section
New Parties
With the consent in each instance of a two-thirds (2/3) majority of the parties
t,: this agreement, any person, firm, corporation or other legal entity using poles may
become a party to this agreement by agreeing in writing to abide and be bound by all of the
terms and conditions contained in this agreement, as amended from time to time.
Section i
Service of Notices
Whenever in this agreement notice is provided to be given by any party hereto to
another, such notice shall be in writing and mailed or personally delivered to such address
as the party to whom such notice is to be addressed may from time to time designate in
writing for that purpose. In the absence of any such designation, such notice may be
mailed or personally delivered to the principal place of business of the party being notified.
Section U
Effective Dates aDd Termination
of Oakland Joint Pole Agreement
(a) The parties to this agreement who are parties to that certain joint pole
agreement dated May 1, 1923 (commonly known as and hereinafter called the "Oakland Agreement")
shall, through their representatives to the Northern California Joint Pole Association,
divide the areas covered by this agreement into appropriate subareas and shall establish
_Zw.
mutually agreeable dates (in no event later than April 1, 1960 upon which this agreement
shall become effective in each such subarea.
-T 2-
(b) Upon each such effective date this agreement shall, subject to (d), below,
terminate and supersede the Oakland Agreement with respect to all joint poles covered by
l the Oakland Agreement and located within each such subarea, except that any joint pole
J transaction within such subarea which was commenced under the Oakland Agreement and which
is not completed on such effective date shall be completed pursuant to and in accordance
1 with the procedures established under the Oakland Agreement and, upon such completion,
such joint pole shall become subject to this agreement.
(c) Subject to (a) and (b), above,and unless any two or more parties hereto
shall agree upon an earlier date, this agreement shall become effective on April 1, 1961
and shall, as of that date and subject to (d), below, terminate and supersede the Oakland
Agreement as between the parties to this agreement who are also parties to the Oakland
1 Agreement.
1 (d) When the Oakland Agreement is terminated and superseded as above provided,
such agreement shall no longer be of any force or effect except that
(1) the ownership interests in each joint pole which became such pursuant to the
Oakland Agreement prior to the date of such termination and supersedure shall
continue in effect until such joint pole is replaced pursuant to this agreement;
1 and
! (2) all expenses, liabilities and obligations, whether of indemnity or otherwise,
under the Oakland Agreement which may have accrued or which may be accruing as
of the date of such termination and supersedure or which arise out of an
occurrence happening prior to said date shall be dealt with in accordance with
the provisions of the Oakland Agreement.
Section XXII
Parties and Execution of Counterparts
1 (a) The parties to this agreement shall be of such of the following as executed
it on or before December 31, 1961:
Central California Traction Company
Citizens Utilities Company of California
City and County of San Francisco
City of Alameda
General Telephone Company of California
Pacific Gas and Electric Company
I Sacramento Municipal Utility District
Sacramento Northern Railway
Southern Pacific Company
The Atchison, Topeka and Santa Fe Railway Company
The Pacific Telephone and Telegraph Company
The Western Union Telegraph Company
Tidewater Southern Railway Company
(b) This agreement may be executed in any number of counterparts in which case
l all such counterparts shall be deemed to constitute a single document with the same force
f and effect as if all parties hereto having signed a counterpart had signed all the other
counterparts.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their respective officers or officials thereunto duly authorized as of the day and year
first above written.
-13-
EXHIBIT A
TABLE OF DIVISION OF POLE COSTS
BETWEEN ELECTRIC UTILITIES AND COMMUNICATION UTILITIES
COLUMN y
R
I 2 3 4 5 fi 1 7 8 9 10 II 12 0
Comm. w
utlfit7�r COMM
UTILITIES SOLE POLE LENGTH AND COST
SdaPele fJlilily40. 41s, 00 G3 Co n ima CORNMUto
L[n4�h Liradd W619AW CesA by A
andQ> l y y y y Awra Cr=&
Mr Is a a
C C C C C C C C Z B
z 3 w h w b w bw bw bw h w bw b
L
IS C C C C C C C Z C
A =* Lw 6 ►r b 1r 6 1v 6 W b w b he 6
as, 25 a a a a a a
26
t� C C C C C C Z
x �r A 6W bw 6w bw G '
dev3o a a a Q ¢
3-2 C C C C C Z E
X 33 )v 6 W b w '61 M' 6 1r 6
45' as O a a Q
s C C C t F
O 4� C Q O
4i C C C 7 C
Y 42 b W B w 6
55
i4s C C H
Y 7 1 1r 6 it G
Procedure for Use of Table
1. At each point designated "x" In column 1 and "y" in row "A
enter the appropriate full bane price established annually
under Part V, Section X1, parrgraph (a) of the agreement.
2. At each Point designated "a" in a square, enter the sur of
"x" and y" for the row and column associated with such
square.
3. At each point designated "b" in a square, enter the result
obtained by dividing "x" for the row associated with such
square by a" of such square.
4. At each point designated "c" in a square, enter the amount
obtained by multiplying "b" of such square by "y" of the
column associated with such square.
5. Determine the total number of joint poles of all lengths
established during the year preceding the annual establish- r
ment of full base prices which provided Communication
Utility grade assignments within the range of grades speci-
fied for each row. At each point designated "w" in a
square, enter the percentage of such total number of joint
poles for such row which were of the length specified in
the column associated with such square.
5. At the point designated "z" in column 11 of each row, enter
the sum or the products of "w" and "c" of each square of
such row. With the amounts designated "z" and the grades
shown in column 2, construct a curve to show the Communica-
tion Utility's share of the full base price for each grade.
T. The Electric Utility's share of the full base price for each
joint pole shall be an amount equal to the difference be-
tween such price and the Communication Utility's share
thereof for its uppermost grade reserved on such pole.
!700 jnMninu ur \.uJ I J
POLE SIZE 25' 30' 35' 40' 454 50' 55' 60' 65' 70' 75' 80' 85' 90' 95' 100'
FULL PRICE: $ 316. $ 395. $ 485. $ 598. $ 701. $ 829. $1016. $1211. $1531 . $1718. $1863. $2033. $2691 . $3040. $3731. $4253.
COMM. COMM.
UTILITY'S UTILITY'S ELECTRIC UTILITY'S SHARE
GRADE SHARE 35' 40' 45' 50' 55' 60' 65' 70' 75' 80' 85' 90' 95' 100'
*********
S S S S S S S S S $ S S S S S
14 171 314 427 530 659 845 1040 1360 1547 1692 1862 2520 2869 3560 4082
15 179 306 419 522 650 837 1032 1352 1539 1684 1854 25121 2861 3552 4074
16 188 297 410 513 641 828 1023 1343 1530 1675 1845 2503 2852 3543 4065
17 197 288 401 504 632 819 1014 1334 1521 1666 1836 2494 2843 3534 4056
18 207 279 391 494 622 809 1004 1324 1511 1656 1826 2484 2833 3524 4046
19 216 269 382 485 613 800 995 1315 1502 1647 1817 2475 2824 3515 4037
20 227 258 371 474 602 789 984 1304 1491 1636 1806 2464 2813 3504 4026
21 237 248 361 464 592 779 974 1294 1481 1626 1796 2454 2803 3494 4016
22 248 237 350 453 581 768 963 1283 1470 1615 1785 2443 2792 3483 4005
23 259 226 339 442 570 757 952 1272 1459 1604 1774 2432 2781 3472 3994
24 271 214 327 430 558 745 940 1260 1447 1592 1762 2420 2769 3460 3982
25 283 202 315 418 546 733 928 1248 1435 1580 1750 2408 2757 3448 3970
26 296 189 302 405 533 720 915 1235 1422 1567 1737 2395 2744 3435 3957
27 308 177 290 393 521 708 903 1223 1410 1555 1725 2383 2732 3423 3945
28 322 163 276 379 507 694 889 1209 1396 1541 1711 2369 2718 3409 3931
29 335 150 263 366 494 681 876 1196 1383 1528 1698 2356 2705 3396 3918
30 349 0 249 352 480 667 862 1182 1369 1514 1684 2342 2691 3382 3904
31 363 0 235 338 466 653 848 1168 1355 1500 1670 2328 2677 3368 3890
32 378 0 220 323 451 638 833 1153 1340 1485 1655 2313 2662 3353 3875
33 393 0 205 308 436 623 818 1138 1325 1470 1640 2298 2647 3338 3860
34 409 0 0 292 420 607 802 1122 1309 1454 1624 2282 2631 3322 3944
35 424 0 0 277 405 592 787 1107 1294 1439 1609 2267 2616 3307 3829
36 441 0 0 260 388 575 770 1090 1277 1422 1592 2250 2599 3290 3812
37 457 0 0 244 372 559 754 1074 1261 1406 1576 2234 2583 3274 3796
38 474 0 0 227 355 542 737 1057 1244 1389 1559 2217 2566 3257 3779
39 491 0 0 0 338 525 720 1040 1227 1372 1542 2200 2549 3240 3762
40 509 0 0 0 320 507 702 1022 1209 1354 1524 2182 2531 3222 3744
41 527 0 0 0 302 489 684 1004 1191 1336 1506 2164 2513 3204 3726
42 546 0 0 0 283 470 665 985 1172 1317 1487 2145 2494 3185 3707
43 564 0 0 0 0 452 647 967 1154 1299 1469 2127 2476 3167 3689
44 584 0 0 0 0 432 627 947 1134 1279 1449 2107 2456 3147 5669
45 603 0 0 0 0 413 608 928 1115 1260 1430 2088 2437 3128 3650
46 623 0 0 0 0 393 588 908 1095 1240 1410 2068 2417 3108 3630
47 644 0 0 0 0 372 567 887 1074 1219 1389 2047 2396 3087 3609
48 664 0 0 0 0 0 547 867 1054 1199 1369 2027 2376 3067 3589
49 685 0 0 0 0 0 526 846 1033 1178 1348 2006 2355 3046 3568
50 707 0 0 0 0 0 504 824 1011 1156 1326 1984 2333 3024 3546
51 729 0 0 0 0 0 482 802 989 1134 1304 1962 2311 3002 3524
52 751 0 0 0 0 0 460 780 967 1112 1282 1940 2289 2980 3502
53 773 0 0 0 0 0 0 758 945 1090 1260 1918 2267 2958 3480
54 796 0 0 0 0 0 0 735 922 1067 1237 1895 2244 2935 3457
55 820 0 0 0 0 0 0 711 898 1043 1213 1871 2220 2911 3433
56 843 0 0 0 0 0 0 688 875 1020 1190 1848 2197 2888 3410
57 867 0 0 0 0 0 Q 664 851 996 1166 1824 2173 2864 3386
58 892 0 0 0 0 0 0 0 826 971 1141 1799 2148 2839 3361
59 917 0 0 0 0 0 0 0 801 946 1116 1774 2123 2814 3336
60 942 0 0 0 0 0 0 0 776 921 1091 1749 2098 2789 3311
COST OF ALL 25' AND 30' POLES SHALL BE SNARED EQUALLY
25' 30'
**** ****
FULL PRICE $316 $395
HALF PRICE 158 198
9-1 Rlev. 12/85
1985 SHARING Of COSTS
POLE SIZE: 25' 30' 35' 40' 45' 50' 55' 60' 65' 70' 75' 80' 85' 90' 95' 100'
FULL PRICES $ 291. $ 356. $ 434. $ 540. $ 636. $ 787. $ 906. $1138. $1307 . $1528. $1695. $2178. $2416. $2545. $2910. $3631.
COMM. COMM.
UTILITY'S UTILITY'S ELECTRIC UTILITY'S SHARE
GRADE SHARE 35' 40' 45' 50' 55' 60' 65, 70' 75' 80' a85' 90' 95' 100,
$ $ S S S S S S S S S S S S $
14 148 286 392 488 639 758 990 1159 1380 1547 2030 2268 2397 2762 3483
15 157 277 383 479 630 749 981 1150 1371 1538 2021 2259 2388 2753 3474
16 166 268 374 470 621 740 972 1141 1362 1529 2012 2250 2379 2744 3465
17 175 259 365 461 612 731 963 1132 1353 1520 2003 2241 2370 2735 3456
18 185 249 355 451 602 721 953 1122 1343 1510 1993 2231 2360 2725 3446
19 195 239 345 441 592 711 943 1112 1333 1500 1983 2221 2350 2715 3436
20 205 229 335 431 592 701 933 1102 1323 1490 1973 2211 2340 2705 3426
21 215 219 325 421 572 691 923 1092 1313 1480 1963 2201 2330 2695 3416
22 226 208 314 410 561 680 912 1081 1302 1469 1952 2190 2319 2684 3405
23 236 198 304 400 551 670 902 1071 1292 1459 1942 2180 2309 2674 3395
24 247 187 293 389 540 659 891 1060 1281 1448 1931 2169 2293 2663 3384
25 259 175 291 377 528 647 879 1048 1269 1436 1919 2157 2286 2651 3372
26 270 164 270 366 517 636 868 1037 1258 1425 1908 2146 2275 2640 3361
27 282 152 258 354 505 624 856 1025 1246 1415 1896 2134 2263 2628 3349
28 294 140 246 342 493 612 844 1013 1234 1401 1884 2122 2251 2616 3337
29 306 128 234 530 481 600 832 1001 1222 1389 1872 2110 2239 . 2604 3325
30 319 0 221 317 468 587 819 988 1209 1376 1859 2097 2226 2591 3312
31 332 0 208 304 455 574 806 975 1196 1363 1846 2084 2213 2578 3299
32 345 0 195 291 442 561 793 962 1183 1350 1833 2071 2200 2565 3286
33 358 0 182 278 429 548 780 949 1170 1337 1820 2058 2187 2552 3273
34 372 0 0 264 415 534 766 935 1156 1323 1806 2044 2173 2538 3259
35 386 0 0 250 401 520 7S2 921 1142 1309 1792 2030 2159 2524 3245
36 400 0 0 236 387 506 738 907 1128 1295 1778 2016 2145 2510 3231
37 414 0 0 222 373 492 724 893 1114 1281 1764 2002 2131 2496 3217
38 429 0 0 207 358 477 709 878 1099 1266 1749 1987 2116 2481 3202
39 443 0 0 0 344 463 695 864 1085 1252 1735 1973 2102 2467 3188
40 458 0 0 0 329 449 680 849 1070 1237 1720 1958 2087 2452 3173
41 474 0 0 0 313 432 664 833 1054 1221 1704 1942 2071 2436 3157
42 489 0 0 0 298 417 649 818 1039 1206 1689 1927 2056 2421 3142
43 505 0 0 0 0 401 633 802 1023 1190 1673 1911 2040 2405 3126
44 521 0 0 0 0 385 617 786 1007 1174 1657 1895 2024 2389 3110
45 538 0 0 0 0 368 600 769 990 1157 1640 1878 2007 2372 3093
46 554 0 0 0 0 352 584 753 974 1141 1624 1862 1991 2356 3077
47 571 0 0 0 0 335 567 736 957 1124 1607 1845 1974 2339 3060
48 588 0 0 0 0 0 550 719 940 1107 1590 1828 1957 2322 3043
49 605 0 0 0 0 O 533 702 923 1090 1573 1811 1940 2305 3026
50 623 O 0 0 0 0 515 684 905 1072 1555 1793 1922 2287 3008
51 641 0 0 0 0 0 497 666 887 1054 1537 1775 1904 2269 2990
52 659 0 0 0 0 0 479 648 869 1036 1519 1757 1886 2251 2972
53 677 0 0 0 0 0 0 630 851 1018 1501 1739 1868 2233 2954
54 696 0 0 0 0 0 0 611 832 999 1482 1720 1849 2214 2935
55 715 0 0 0 0 0 0 592 813 980 1463 1701 1830 2195 2916
56 734 0 0 0 0 0 0 573 794 961 1444 1682 1811 2176 2897
57 753 0 0 0 0 0 0 554 775 942 1425 . 1663 1792 2157 2873
58 773 0 0 0 0 0 0 0 755 922 1405 1643 1772 2137 2858
59 793 0 0 0 0 0 0 0 735 902 1385 1623 1752 2117 2838
60 813 0 0 0 0 0 0 0 715 882 1365 1603 1732 2097 2818
COST OF ALL 25' AND 30' POLES SHALL 8E SHARED EQUALLY
25' 30'
PULL PRICE $291 $356
HALF PRICE $146 $178
1984 SHARING OF COSTS
POLE SIZE: 25' 30' 35' 40' 45' 50' 55' 60' 65' 70' 75' 80' 85' 90' 95' 100'
�ULL PRICE: S 291. S 363. $ 463. $ 551. $ 645. $ 764. S 939. $1130. $1418. $1592. $1726. $2102. $2499. $2824. $3472. $3960.
COMM. COMM.
4TILITY'S UTILITY'S ELECTRIC UTILITY'S SHARE +
GRADE SHARE 35' 40' 45' 50' 55' 60' 65' 70' 75' 80' 85' 90' 95' 100'
*******x ********x* *** *** x** xx* x* *xx *** *** ** *xm *** NX*
$ S $ $ $ $ S S $ $ $ S $ $
$
14 154 309 397 491 610 785 976 1264 1438 1572 1949 2345 2670 3318 3806
15 162 301 389 483 602 777 968 1256 1430 1564 1940 2337 2662 3310 3798
16 170 293 381 475 594 769 960 1248 1422 1556 1932 2329 2654 3302 3790
17 179 284 372 466 585 760 951 1239 1413 1547 1923 2320 2645 3293 3781
18 188 275 363 457 576 751 942 1230 1404 1538 1914 2311 2636 3284 3772
19 197 266 354 448 567 742 933 1221 1395 1529 1905 2302 2627 3275 3763
20 207 256 344 438 557 732 923 1211 1395 1519 1895 2292 2617 3265 3753
21 216 247 335 429 548 723 914 1202 1376 1510 1886 2283 2608 3256 3744
22 227 236 324 418 537 712 903 1191 1365 1499 1875 2272 2597 3245 3733
23 237 226 314 408 527 702 893 1181 1355 1489 1865 2262 2587 3235 3723
.24 248 215 303 397 516 691 882 1170 1344 1478 1854 2251 2576 3224 3712
25 259 204 292 386 505 680 871 1159 1333 1467 1843 2240 2565 3213 3701
26 270 193 281 375 494 669 860 1148 1322 1456 1832 2229 2554 3202 3690
27 282 181 269 363 482 657 848 1136 1310 i444 1820 2217 2542 3190 3678
28 294 169 257 351 470 645 836 1124 1298 1432 1808 2205 2530 3178 3666
29 306 157 245 339 458 633 824 1112 1286 1420 1796 2193 2519 3166 3654
30 319 0 232 326 445 620 811 1099 1273 1407 1783 2180 2505 3153 3641
31 332 0 219 313 432 607 798 1086 1260 1394 1770 2167 2492 3140 3628
32 345 0 206 300 419 594 785 1073 1247 1381 1757 2154 2479 3127 3615
33 359 0 192 286 405 580 771 1059 1233 1367 1743 2140 2465 3113 3601
34 372 0 0 273 392 567 758 1046 1220 1354 1730 2127 2452 3100 3588
35 387 0 0 258 377 552 743 1031 1205 1339 1715 2112 2437 3085 3573
36 401 0 0 244 363 538 729 1017 1191 1325 1701 2098 2423 3071 3559
37 416 0 0 229 348 523 714 1002 1176 1310 1686 2085 2408 3056 3544
38 431 0 0 214 333 508 699 987 1161 1295 1671 2068 2393 3041 3529
39 446 0 0 0 318 493 684 972 1146 1280 I656 2053 2378 3026 3514
40 462 0 0 0 302 477 668 956 1130 1264 1640 2037 2362 3010 3498
41 478 0 0 0 286 461 652 940 1114 1248 1624 2021 2346 2994 3482
42 495' 0 0 0 269 444 635 923 1097 1231 1607 2004 2329 2977 3465
43 511 0 0 0 0 428 619 907 1081 1215 1591 1988 2313 2961 3449
44' 528 0 0 0 0 411 602 890 1064 1198 1574 1971 2296 2944 3432
45 545 0 0 0 0 394 585 873 1047 1181 1557 1954 2279 2927 3415
46 ' 563 0 0 0 0 376 567 855 1029 1163 1539 1936 2261 2909 3397
47 591 0 0 0 0 358 549 837 1011 1145 1521 1918 2243 2891 3379
48 • 599 0 0 0 0 0 531 819 993 1127 1503 1900 2225 2873 3361
49 618 0 0 O 0 0 512 800 974 1108 1484 1981 2206 2354 3342
50 637 0 0 0 0 0 493 781 955 1089 1465 1862 2187 2835 3323
51 656 0 0 0 0 0 474 762 936 1070 1446 1943 2168 2816 3304
52 675 0 0 0 0 0 455 743 917 1051 1427 1824 2149 2797 3285
53 695 0 0 0 0 0 0 723 897 1031 1407 1804 2129 2777 3265
54 715 0 0 0 0 0 0 703 877 1011 1387 1784 2109 2757 3245
55 736 0 0 0 0 0 0 682 856 990 1366 1763 2088 2736 3224
56 756 0 0 0 0 0 0 662 836 970 1346 1743 2068 2716 3204
57 777 0 0 0 0 0 0 641 815 949 1325 1722 2047 2695 3183'
58 799 0 0 0 0 0 0 0 793 927 1303 1700 2025 2673 3161
59 820 0 0 0 0 0 0 0 772 906 1282 1679 2004 2652 3140
60 842 0 0 0 0 0 0 0 750 884 1260 1657 1982 2630 3118
COST OF ALL 25' AND 30' POLES SHALL BE: SHARED EQUALLY
25' 30'
**** **x*
FULL, PRICE $291 $363
Napa, October 17, 192
MEMORANDUM FOR P.KAHN:
Sometime ago you mentioned that your copy of the City of Ukiah, Pacific Gas
and Electric Company and The Pacific Telephone and Telegraph Company Joint
Pole Agreement Was not legible. We have re-typed the agreement and are
enclosing a copy for your file.
RCB:BC R. C. BAGGARLY
Attachment
. i
C
0
P
Y
THIS AGREEMENT, made this 10th day of October, 1930, by and
between THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, a corporation, PACIFIC
GAS AND ELECTRIC COMPANY, a corporation, TOWN OF UKIAH CITY, a municipal
corporation, and THE WESTERN UNION TELEGRAPH COMPANY, a corporation.
W I T N E S S E T H:
WHEREAS THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, SNOW
MOUNTAIN WATER AND POWER COMPANY, TOWN OF UKIAH CITY and THE WESTERN UNION
V TELEGRAPH COMPANY entered into a joint pole agreement on January 3rd, 1918,
covering the erection of poles in the Town of Ukiah City; and
WHEREAS the PACIFIC GAS AND ELECTRIC COMPANY has succeeded to all
the rights and obligations of Snow Mountain Water and Power Company under
said agreement; and
WHEREAS the parties hereto wish to wend Paragraph "D" of Section
FIRST so that the cost of joint poles thereunder shall be determined by the
schedule of joint pole prices as adopted from time to time by the .Joint Pole
Association of California;
NOW, THEREFORE, in consideration of thA premises and. other valuable
consideration between the parties hereto moving it is hereby mutually agreed
by and between the parties hereto that said agreement is hereby amended by
substituting in place of Paragraph "D" of Section FIRST the provis-lon, and
the parties hereto mutually agree, that upon the completion of the erection
of poles and guys as in said agreement provirlrd the party or parties who have
done the work shall render within thirty (30) days thereafter to any other
Tmrty or uarties who will occunv said uoleU itemizod. bills showing the cast of
Said bills shall be accompanied by certified copies of deeds for all
said rights of way and each party shall pay to the party or parties
rendering said bills Within thirty (30) days after the receipt thereof
its portion of the total cost of the poles, guys and rights of way as
so indicated. The party or parties furnishing and erecting said poles and
guys shall thereupon grant, sell and convey to the party or parties making
such payment by a suitable deed or supplement hereto an interest in said
poles and guys.
IN WITNESS WHEREOF, the parties hereto have caused the.e presents
to be executed on the day and year first above written.
THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
Approved
(Sgd.) J. H. Corcoran
R. E. Hambrook Vice Pres. & General Manager
General Plant Manager
(Sgd.) W. J. Phillips
Hugh Fullerton -- Secretary
Attorney
PACIFIC GAS AND ELECTRIC COMPANY
THE WESTERN UNION
TELEGRAPH COMPANY (Sgd.) P. M. Downing
First Vice President & Gen. Mgr.
(Sgd.) E. Y. GallMher
Vice President (Sgd.) J. D. Rosie
Assistant Secretary
(S A. F. Burlei h TOWN OF UKIAH CITY
Secretary
(Sgd.) J. R. Thomas
Mayor
(Sgd.) Fred L. Bosworth
Clerk
r
THIS AGREEMENT made this 3rd day of January 1918, by and
between THE PACIFIC TELEPHONE AND TELEGRkPH COMPANY, a corporation,
SNOW MOUNTAIN WATER AND POWER COMPANY, a corporation, TOWN OF UKIAH
CITY, a municipal corporation and THE WF.77N UNION TELEGRAPH COMPANY,
a corporation:
W I T N E S S E T H:
WHEREAS, the parties to this agreement and such other
corporations or persons as may hereafter subscribe hereto, maintain
and from time to time construct pole lines in the Town of [ikiah City
and vicinity, in Mendocino County, State of California; and
WHEREAS, the same streets, roads, highways, alleys, and other
public places are frequently required by the parties hereto for the
erection and maintenance of poles and the placing, thereon of the wires
and appurtenances thereto used in their respective business, and it is
found desirable and sometimes imperative that certain poles shall be
used ,jointly by the parties hereto in order to avoid having two or more
separate lines of poles on the same side of streets, roads, highways,
alleys and other public places, and
WHEREAS, it is the desire and purpose of all parties to this
agreement to maintain the least number of poles practicable for
distribution or other purposes on the same side of said strPeta, roads,
highways, alleys and other public places in the said Town of Ukiah City
and vicinity, in Mendocino County.
NOW, THEREFORE, it is mutually agreed by and between the parties
to modifications they may wish to recommend and which are agreed to be the
other party or parties or reject said plans or descriptions in writing
within ten (10) days or shorter time, if co required by the party or parties
desiring to erect said poles in default of which, or in the event of the other
party or parties not considering joint use of the new poxes desirable from its
or their standpoint the party submitting the plans or descriptions may proceed
with the work at its or their own expense. The party or parties erecting
such poles shall remain the sole owner thereof.
(b) Should plans or descriptions for poles for joint use be agreed
upon, the party or parties first submitting the same shall, if possible, obtain
all necessary permits, agreements, leases or conveyances for rights-of-way
therefor in the names of the parties who will occupy said poles. Should any
material deviation from the approved plans be necessary, such deviation shall
be approved in writing by representatives of the parties hereto.
(c) When all rights-of-way have been obtained, the party or parties
agreed upon shall proceed with the erection of the proposed. poles, including
the necessary guys, in accordance with said plans or descriptions.
(d) Upon the completion of the erection of said poles and guys,
the party or parties who have done the work shall render to any other party who
will occupy said poles, within thirty (30) days thereafter, itemized bills
showing the total cost of said poles and guys, the erection thereof, and the
rights-of-way therefor, accompanied by certified copies of said rights-of-way.
Each party shall pay to the party or parties rendering said bills, within
thirty (30) days after the receipt thereof, its proportion of the total cost
of the poles, guys,' and rights-of-way as so indicated. The party or parties
furnishing and erecting said poles and guys ::hall thereupon grant, sell and
F
t-
f
(a) If any party desires to place its wires and appliances upon
poles owned by any other party or parties, which are adequate in size and
safety for joint use, for the right to use said poles during the period they
will safely support the wires and appliances of such parties, the former shall
pay to said other party or parties, upon demand, an amount based on the cost
of said poles and agreed upon by and between said parties in each such case.
Upon receipt of such payment, the owner or owners of said poles, shall grant,
sell. and convey to the former, by a suitable supplement hereto, an easement
consisting of the permanent right to occupy said poles hereunder. The former
shall also reimburse said owner or owners, iipon demand, for the cost of rearrang-
ing the owners' wires and appliances then in place upon said poles in a
manner such as to provide proper space and clearance for the wires and
appliances which the former party desires to place and maintain upon said poles.
(b) If any party desires to extend its wires and appliances along
a mute or position occupies by poles owned by any other party or parties, and
said poles are adequate in size and safety for the use of the owner or owners,
but not adequate in size or safety for ,point use hereunder, the former shall
replace said poles with other poles suitable for such joint use and remove the
existing poles at its own risk and expense. The poles so removed shall become
the property of the former. For the consideration consisting of the poles
replaced, and the other good and valuable considerations moving, from the owner
or owners of the poles replaced to the former, as the result of such an arrange-
ment, the former shall grant, sell and convey to said other party or parties,
by a suitable supplement hereto, an interest in the new poles. The former shall
also reimburse the said other party or parties, upon demand, for the cost of
transferring said other party or parties wisps and appliances to the new poles.
t
then in place on said poles, or to be placed on said poles, within a relatively
short period, or otherwise inadequate for the use of the owner or owners,
said poles shall be replaced with other poles adequate in size and safety for
joint use hereunder by the party or parties agreed upon as the proper party
or parties to do such work. Each party shall share equally in the net expense
of such replacement and shall become an owner of an equal share in the new poles
in the manner indicated by the first section of this agreement. The owner or
owners of the poles so replaced shall transfer its or their wires and appli-
ances to the new poles at its or their own sole risk and expense.
THIRD: The erection of poles for joint occupancy hereunder, and the
maintenance and use of poles ,jointly occupied hereunder, shall be subject to
the following terms and conditions.
(a) It is understood and agreed that poles erected for the purpose of
supporting the Telephone Company's toll or trunk circuits not in cable shall be
exempted from the operation of this agreement, except to the extent that the
other parties may secure the right to occupy said poles for the purpose of
attaching to them trolley contact wire supports, street lamps supports, guy
wires and to not more than two (2) adjacent poles, wires carrying less than the
voltage specified in the specifications hereinafter mentioned. Each party may
also obtain the right to occupy more than two (2) adjacent poles with wires
carrying less than seven hundred (700) volts, provided such occupancy is approved
by the Telephone Company's Chief Engineer in each case, and. said wires are
placed and maintained subject to the limitations as to thA number of consecutive
poles to be so occupied, as specified by said Chief Engineer in each such
case.
(b) Poles to be erected for joint use hereunder shall br. round,
of poles shall not be used except when necessary and specifically agreed upon
by the parties hereto. Each standard length of pole shall include poles from
three (3) feet under or two (2) feet over each length; for example: all poles
from forty-two (42) feet to forty-seven (47) feet long shall be considered
forty-five (45) foot poles.
(c) For the uses and purposes of this agreement, unsafe poles shall
include those poles which have been in place for a period approximately equal
to the normal useful life of similar poles in the same locality and those poles
which competent inspectors, selected by the parties hereto, consider an unsafe
support for the Wires and appliances then in place upon said poles, by reason
of defects, decay or otherwise.
(d) The changes in the wires and appliances in place upon any pole
owned by any party or parties to be jointly occupied hereunder, necessary to
provide proper space and clearance for the wirt-s and appliances of another
party or parties, shall be made before the wires and appliances of said party
or parties are placed upon said poles. Each party agrees to transfer its
wires and appliances from existing pole lines to new pole lines erected for
,point use hereunder, in a manner and at a time such that the erection of the
new poles and the removal of existing poles will not be unduly interfered with
or delayed.
(e) It is understood and agreed that any space reserved for the ex-
clusive use of each party on said poles and for clearance may be occupied by
such guy, lamp suspension and vertical contacts, of any party as may be placed
in accordance with the specifications hereinafter referred to and will not
prevent or interfere with the full utilization by any party of the space reserved
for its use.
and Telegraph Company and known as the American Telephone and 'Telegraph Com-
pany's Specifications No. 2651, together with Appendix No. 1 attached thereto,
said specifications and appendix being hereto attached and as Exhibit 'A' made
a part hereof. Each party expressly agrees that it will, not place or maintain
on any pole jointly occupied hereunder any wires or appliances carrying voltages
greater than those specified in said Exhibit W .
(h) If, to suit its own convenience, any party hereto shall at any
time desire to make any changes in the location of any of said jointly occupied
poles or attachments thereto, or in the ,jointly occupied poles themselves, it
shall have the right so to do, provided that such changes shall not inconvenience
the other party or parties. The cost of all labor and material required for
making such changes shall be borne by the party desiring the same.
(i) Each party hereto shall, at its own sole risk, cost and expense,
place, maintain and keep in good order, repair and condition, its own wires and
appliances upon said ,jointly occupied poles, and shall promptly replace or
repair any of its defective wires and appliances thereon when notified so to do
by the other party or parties in writing. If the wires and appliances of any
party upon said poles shall displace or pull out of line any of said poles,
the party owning the wires and appliances causing such displacement shall replace
and securely guy the pole or poles so displaced at its own sole risk and expense,
and in case of its neglect or refusal so to do for thirty (30) days after
being so notified by any other party, in writing, the latter shall have the
right to perform such work of replacing and guying said pole or poles at the
sole cost and expense of the party whose duty it was to replace and guy the
same hereunder.
(J) If due to any negligent act or omission on the part of any party
so to do, at the sole expense and cost of the party so failing. All ordinary
repairs and replacements and all repairs and replacements caused by an act or
omission for which none of the parties hereto shall be more responsible than the
others and all changes in locations of any of said poles which rzYall be mutually
agreed upon by the parties hereto, shall be made at the joint expense of the
parties hereto and by the party who shall in each instance be agreed upon as
being the proper party to make the same, ey.r_ept in emergencies, when the party
first upon the ground shall perform the necessary work. The party making such
repairs or replacements shall, within thirty (30) days after the completion
thereof submit to the other party or parti.e.. itemized bills showing the total
cost of said repairs and replacements and thereupon each party shall, within
thirty (30) days thereafter, pay to the party submitting such bill its proportion
of such cost. All such replacements at ,joint expense shall be jointly owned.
(k) If, pursuant to mutual agrcemrznt, any additional pole or poles
shall be placed in any line of jointly occupied poles, for the purpose of
supporting the wires and appliances of any of the parties hereto, the same shall
be erected, owned and maintained at the joint expense of the parties involved.
If, however, any additional pole or poles shall be placed therein for the
exclusive use of any of said parties, the same shall be erected, owned and
maintained solely by the party requiring the same.
(1) Unless required by the order of competent legal authority, no
person, firm or corporation other than the parttes hereto, shall be permitted
to install, maintain or use upon said jointly occupied poles any wires or
appliances of any kind whatsoever, and no party hereto shall assign, transfer
or otherwise dispose of this agreement or any of its rights or interests herein
or hereunder to any person, firm or corporation without having obtained the
rights or interests hereunder shall pass to and inure to the benefit of said
lessee, purchaser, assignee or consolidated corporation.
(m) Any party hereto that requests permission from the other parties
to allow another person to place and maintain wires and appliances upon said
jointly occupied poles shall thereby become responsible to said other parties
for the construction, maintenance and operation of the wires and appliances of
said other person upon said poles in accordance with the conditions contained
herein. It is expressly understood and agreed that the party hereto requesting
the consent of the other parties to such permission shall be responsible to
said other party or parties for and save it or them harmless from all damage
and liability incident to the construction, maintenance and operation of the
wires and appliances said other person is so permitted to place upon said poles,
unless otherwise agreed by and between the parties hereto and said other
person in each such case.
(n) Any party hereto may terminate the joint occupancy of any pole
or poles hereunder by giving to the other party or parties at least sixty (60)
days written notice of the former's desire to terminate the same and by remov-
ing therefrom its wires and appliances then in place thereon. Upon the expira-
tion of the period of time designated in such notice and upon the removal by
the party giving the same, of its wires and appliances, the said pole or poles
shall forthwith become the sole property of the other party or parties, and
the party terminating such joint occupancy shall thereupon be relieved from all
liability as to such poles thereafter to be incurred, provided, however, that
such party shall not be so relieved until All of its wires and appliances shall
have been removed from such pole or poles. If all the parties occupying such
pole or poles desire to abandon any of satii poles at the same time, the salvage
to be the owner of an undivided interest therein; provided, further, that the
Town of Ukiah City shall not be bound to pay any taxes upon any interest it may
have in said poles, but the taxes on all poles in which it may have an interest
shall be divided among the other parties hereto as if said parties were the only
parties interested in said poles.
(p) Each party shall indemnify and save harmless the others from any
and all lose, damage and liability, including liability to other persons, caused
by any negligence or wrong doing on the part of the former or by its neglect to
perform any of its covenants herein contained. If any loss or damage shall be
suffered or any liability to other persons shall be incurred by any or all of the
parties hereto by reason of the installation, maintenance or operation of any of
the wires, fixtures or appliances of any of the parties hereto upon said jointly
occupied poles, and if the cause of such loss, damage or liability shall be the
joint or concurrent negligence or wrong doing, of two or three of the parties
hereto then each of said parties shall bear all loss and damage which it shall
suffer in respect to its own property, and shall bear and defray all liability
Which it shall incur for injury to its own employees, and all other loss, damage
or liability, including all loss or damage suffered or liability to other per-
sons incurred by any party hereto not responsible for said cause by reason of
its own ,joint or concurrent negligence or wrong doing, together with all expenses,
charges and costs incurred in connection therewith, shall be borne and paid by
the parties responsible for such canoc; but if the cause of such loss, damage
or liability shall be the joint or concurrent negligence or wrong doing of all
parties hereto, or the negligence or wrong doing of some other party for which
none of the parties hereto is responsible, or is so obscure that it cannot be
determined by whose negligence or wrong doing such loss, damage or liability was
(q) Whenever any disagreement or controversy shall arise between
any two of the parties hereto concerning the construction or meaning of this
agreement, or concerning any of their rights or obligations hereunder, or
concerning any violation of the provisions thereof, or any refusal to perform
any act or duty herein provided for, such disagreement or controversy shall,
on demand of either of said parties, be submitted for arbitration and award
in accordance with the law and the facts to three persons, of whom one shall
be appointed by each of said parties and thR third by the two so appointed;
or whenever any such disagreement or controversy shall arise between three or
all of the parties hereto then such disagreement or controversy shall, on
demand of any party hereto, be submitted for arbitration and award in accord-
ance with the law and the facts to five persons, of whom one shall be appointed
by the Telephone Company, one by the Town, one by the Power Company and
one by the Telephone Company, and the fifth by the four so appointed. The
award of the arbitrators so appointed shall be made in writing and signed by
such arbitrators or a majority thereof, and any award so M.de by a majority of
such arbitrators shall be final and conclusive upon the parties hereto.
Each party to such arbitration shall pay the expenses of the arbitrator appointed
by it and a proportionate share of the expenses of the third or fifth
arbitrator. It is understood and agreed that all disagreements or contro-
versies regarding the proper method for eliminating any hazards or interference
shall be referred to arbitrators as provided herein and in every such case the
arbitrators shall be qualified engineers, who shall not only decide what shall
fip r1nnP_ Nit FLI,.gn which of the varti.es to raid. disagreement or controversy
IN WITNESS WHEREOF, .tshe parties hereto have caused these presents to
be executed on the day and year first above written.
THE PACIFIC TELFTHONE AND TELEGRAPH COMPANY
By J. M. Quay
UNCI Vice-President
Form approved: By Geo. J. Petty
Felix T. Smith Secretary
Ass't Attorney
Approved:
C. W. Burkett, SNOW MOUNTAIN WATER AND POWER COMPANY
Chief Engineer
By F. D. Madison
Vice-President
Approved for Town of Ukiah
F. E. Anker By P. H. McGrath
City Electrician Secretary
Approved for Town of Ukiah
TOWN OF UKIAH CITY
City Clerk
By H. B. Smith, President of its
Approved: Board of Trustees
W. S. Graham
General Manager By Albert M. Hardie
Clerk of the Town of Ukiah City
THE WESTERN UNION TELEGRAPH COMPANY
By G. W. E. Atkins
First Vice President
By Andrew F. Burleigh
Secretary
T.P.T.& T. Co.
C.D.
N.K.
4/hn/i-F
M E M 0 R A N D U M
DATE: September 3, 1986
TO: Honorable Mayor and Conncilmembers
FROM: D. Kent Payne, City Manager
SUBJECT: AUTHORIZE CITY MANAGER TO SIGN JOINT POLE AGREEMENT WITH PACIFIC
BELL
NEW BUSINESS - 11b
MEMORANDUM
DATE:
August 29, 1986
TO:
Honorable Mayor and Council members
FROM: David J. Rapport, City Attorney 61e
SUBJECT: Arbitration Agreement
The City electric department and Pacific Telephone
have had a disagreement over the interpretation of their joint
pole agreement for a couple of years. The agreement governs
how the City and Pacific Telephone share poles . The disputed
provision concerns the method by which Pacific Telephone is
charged by the City for the use of the City 's poles .
Essentially, the telephone company believes that the
City should charge based on a schedule adopted from time to
time by an organization called the Joint Pole Association .
This represents a departure from the past practice which the
City has followed for almost 50 years. Under the City 's
practice and view of the agreement Pacific Telephone should pay
1/2 the cost of the pole .
To resolve this despute with minimum expense to all
concerned the telephone company and the City have agreed to use
a neutral arbitrator whose interpretation of the agreement will
be binding on both sides . The attached agreement identifies
the arbitrator and the rules he will follow in making his
decision.
Recommendations:
It is recommended that the Council approve the
arbitration agreement and authorize the City Manager to sign on
behalf of the City .
ARBITRATION AGREEMENT
THIS AGREEMENT, made and entered this day of Septem-
ber, 1986, by and between the Pacific Bell, a corporation and the
City of Ukiah, a municipal corporation,
RECITALS
WHEREAS, the Pacific Bell and the City of Ukiah share the
use of certain power poles under an agreement between the City
and Pacific Telephone and Telegraph Company originally entered on
January 3, 1918, and amended on October 10, 1930;
WHEREAS, these parties dispute the proper interpretation and
application of the provisions of the agreement, as amended, for
determining their respective costs of sharing the use of poles;
WHEREAS, the original agreement between the parties provides
for binding arbitration by a panel of three arbitrators; and
WHEREAS, the parties wish to finally resolve their dispute
with a minimum cost to both sides.
NOW, THEREFORE, it is mutually agreed by and between the
parties hereto as follows:
1. The parties hereby modify the provisions of the agree-
ment providing for arbitration for the purposes of resolving this
dispute only, by agreeing to the use of a single arbitrator
rather than three arbitrators .
2. The parties agree to use Little Lake Justice Court Judge
James F. King as the single arbitrator .
3. The parties agree to share equally Judge King 's charges
and expenses as follows :
a. Judge King shall charge $200. 00 per day which he
will bill in half-day increments for his time in hearing and
deciding the dispute; and
b. The parties will pay Judge King $.21 per mile for
mileage expenses incurred in the course of deciding this dispute.
4. The parties shall follow the following procedure :
a. On or before September 30, 1986, each party to this
agreement shall submit to the arbitrator its written position
regarding the proper interpretation of the agreement together
with any supporting documents which it feels are appropriate.
The documents shall be mailed to Judge King at the Little Lake
Justice Court in Willits, California, 191 N. Main Street . They
shall at the same time serve copies of their submissions on the
other party.
b. Following submission of the position statements and
supporting documents Judge King may request specific additional
items which he feels may be helpful to him in making a decision.
c. Upon receipt of the written submissions and any
additional items requested by the arbitrator, a hearing shall be
scheduled for the presentation of additional legal argument or
testimony . The arbitrator shall give both parties notice of the
time and place of the hearing.
d. At the conclusion of the hearing and submission of
the case for decision, the arbitrator shall render a written
decision with appropriate findings of fact and conclusions of
law and serve by first class mail a copy of the decision on both
parties .
5. The final written decision shall be based upon the
evidence and argument submitted to the arbitrator and that
decision shall be final and conclusive between the parties with
respect to past unpaid billings from the City to Pacific Bell
and future charges for the joint use of poles between the
parties.
PACIFIC BELL
By:
CITY OF UKIAH
By :
ATTEST:
City Clerk
ARBITRATION AGREEMENT
THIS AGREEMENT, made and entered this . ..Lday of Septem-
ber, 1986, by and between the Pacific Bell, a corporation and the
City of Ukiah, a municipal corporation,
RECITALS
WHEREAS, the Pacific Bell and the City of Ukiah share the
use of certain power poles under an agreement between the City
and Pacific Telephone and Telegraph Company originally entered on
January 3, 1918, and amended on October 10, 1930;
WHEREAS, these parties dispute the proper interpretation and
application of the provisions of the agreement, as amended, for
determining their respective costs of sharing the use of poles ;
WHEREAS, the original agreement between the parties provides
for binding arbitration by a panel of three arbitrators ; and
WHEREAS, the parties wish to finally resolve their dispute
with a minimum cost to both sides .
NOW, THEREFORE, it is mutually agreed by and between the
parties hereto as follows :
1. The parties hereby modify the provisions of the agree-
ment providing for arbitration for the purposes of resolving this
dispute only, by agreeing to the use of a single arbitrator
rather than three arbitrators .
2. The parties agree to use Little Lake Justice Court Judge
James F. King as the single arbitrator.
3. The parties agree to share equally Judge King 's charges
and expenses as follows :
a. Judge King shall charge $200. 00 per day which he
will bill in half-day increments for his time in hearing and
deciding the dispute; and
b. The parties will pay Judge King $. 21 per mile for
mileage expenses incurred in the course of deciding this dispute.
4 . The parties shall follow the following procedure :
a. On or before September 30, 1986, each party to this
agreement shall submit to the arbitrator its written position
regarding the proper interpretation of the agreement together
with any supporting documents which it feels are appropriate.
The documents shall be mailed to Judge King at the Little Lake
Justice Court in Willits, California, 191 N. Main Street. They
shall at the same time serve copies of their submissions on the
other party .
b. Following submission of the position statements and
supporting documents Judge King may request specific additional
items which he feels may be helpful to him in making a decision.
c. Upon receipt of the written submissions and any
additional items requested by the arbitrator, a hearing shall be
scheduled for the presentation of additional legal argument or
testimony . The arbitrator shall give both parties notice of the
time and place of the hearing.
d. At the conclusion of the hearing and submission of
the case for decision, the arbitrator shall render a written
decision with appropriate findings of fact and conclusions of
law and serve by first class mail a copy of the decision on both
parties .
5. The final written decision shall be based upon the
evidence and argument submitted to the arbitrator and that
decision shall be final and conclusive between the parties with
respect to past unpaid billings from the City to Pacific Bell
and future charges for the joint use of poles between the
parties.
PACIFIC BELL
B y : G�2G
CITY OF UKIAH
Ale
By :
ATTEST:
v—aMP7
Ci Clerk '