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Home My WebLink About2014-344ORDINANCE NO. 2014-344 AN ORDINANCE APPROVING A RIGHT-OF-WAY USE AND LICENSE AGREEMENT BETWEEN THE CITY OF DENTON AND GREEN SPRINGS WATER SUPPLY CORPORATION THAT WILL ALLOW AND ACCOMMODATE THE INSTALLATION OF A WATER LINE ACROSS AND ALONG BURGER ROAD SITUATED IN THE SYLVESTER WILLIAMS SURVEY, ABSTRACT NO. 1322, DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request from Green Springs Water Supply Corporation, a Texas non-profit corporation, for the installation of private water line across and under Burger Road, a City maintained street and right-of-way, pursuant to a Right -of -Way Use and License Agreement, a copy of which is attached to this ordinance ("Agreement"); and WHEREAS, the Development Review Committee of the City of Denton, Texas reviewed the requested private water line installation and recommended approval; and WHEREAS, the Council of the City of Denton, Texas has found and determined that the Agreement is in the public interest; NOW THEREFORE: THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Agreement is hereby approved and the City Manager or his designee is hereby authorized to execute the Agreement on behalf of the City of Denton. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. I)ASSED AND Al"PRE: V D this . _ .day o1` 2014.. _"� - ok)4 , "�..__ ____ ...__. �".1-I�i 'JS' 1 ° WA"1 TS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY RIGHT-OF-WAY USE AND LICENSE AGREEMENT THIS AGREEMENT is entered into effective as of the date set forth below by and between the City of Denton, Texas, a home rule municipal corporation (the "City") and Green Springs Water Supply Corporation, a Texas non-profit corporation, ("Green Springs"). WHEREAS, Green Springs, has requested permission to install private waterlines along and under Burger Rd. generally between F.M. 2153 and Lake Ray Roberts Dam Rd. (the "City Right -of - Way") for the installation of underground water lines and appurtenances (the "Water Facilities") situated in the Sylvester Williams Survey, Abstract No. 1322, Denton County, Texas. Such Water Facilities being shown on the drawing attached hereto and made apart hereof by reference as Exhibit "A" (the "License Area"); and WHEREAS, The City of Denton, Texas ("City") hereby grants permission for Green Springs to locate, maintain and repair the Water Facilities within the License Area, subject to the following terms and conditions: I. The Water Facilities shall be constructed in such a manner as not to interfere with the City's use of the City Right -of -Way and shall be limited to and constructed only in accordance with the plans and specifications that are approved in advance in writing by the City ("Plans and Specifications"). When referring to the Water Facilities within this agreement such term shall mean the Water Facilities constructed in accordance with the Plans and Specifications. The construction methods shall meet the approval of the City Engineer and be detailed in the Plans and Specifications. The City reserves the right to limit and/or to require specific construction methods within the License Area. These limitations or construction methods shall be included in the construction plans and specifications for any work performed within the License Area. In addition, Green Springs shall provide adequate inspection and coordination with the City to insure the contractor adheres to these items during construction. Prior to initial construction or any subsequent maintenance activities within the License Area, Green Springs and /or its contractor(s) shall obtain a Right -of -Way inspection permit from the Engineering Services Department for each instance. 2. The Water Facilities are subordinate to the City's use of the City Right -of -Way, including without limitation, utilities and street improvements located now or in the future within the License Area. In the event the City repairs, expands, or adds to its facilities within the License Area, and in the City's sole opinion it is necessary that the Water Facilities be modified, removed or relocated, in whole or in part, to accommodate such repairs, expansion or addition, Green Springs shall, at its sole cost, modify, remove or relocate the Water Facilities, as directed by the City, no later than 120 days after City gives Green Springs written notice. 3. Green Springs shall defend, indemnify and hold harmless the City, its employees and agents from and against any and all claims, expenses (including attorney fees), damages, losses and judgments arising out of or incident to the presence, construction, operation and maintenance of the Water Facilities. In addition, Green Springs shall require that its contractor provide and maintain throughout the installation of the Water Facilities, general liability insurance in an amount equal to at least $500,000 per occurrence, naming the City of Denton, its officers and employees as additional insureds. Prior to commencing any work within the License Area Green Springs shall deliver to the City an insurance certificate evidencing such insurance which certificate will be in a form approved by the City, and shall provide that the insurance may not be cancelled or modified until the City has been given at least 30 days advance written notice of cancellation or modification. Such certificate shall also provide a waiver of subrogation in favor of the City, its officers and employees. 4. Green Springs and its contractor will prevent construction equipment from damaging existing City facilities or public utilities located within the License Area and adjacent areas. 5. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed on or in the License Area. 6. The City will not be responsible for any costs of construction, operation and maintenance of Green Springs Water Facilities. It is further agreed that the City shall not be liable for any damage to the Water Facilities as a result of the City's use of the City Right -of -Way. If any City property is damaged or destroyed by Green Springs or its agents it may be repaired or replaced by the City at Green Springs expense and payment is due upon Green Springs's receipt of an invoice from the City. 7. Blasting is not permitted on the License Area or adjacent areas. 8. The License Area shall be left clean, free from all dirt and debris resultant from construction or maintenance activities, or otherwise. 9. The License Area shall be protected from washing and erosion by a method approved by the City. 10. Construction equipment and materials shall not be stored on the License Area. 11. It is understood and agreed that, in case of default by Green Springs or its contractors or agents in any of the terms and conditions herein stated and such default continues for a period of ten (10) days after the City notifies Green Springs of such default, the City may at its election forthwith terminate this Agreement and upon such termination all of Green Springs's rights hereunder shall cease and come to an end. This agreement shall also terminate upon the abandonment of the Water Facilities. 12. This agreement shall be construed under the laws of the State of Texas and is fully performable in Denton County, Texas. Dated to be effective as of the &day of _d , 2014 (the "Effective Date") Page 2 CITY OF DENTON, TEXAS'',--.., BY: .ww je(, gee C. Catnp Of CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO FORM: ANITA BURGESS, CITY ATTORNEY BY 215 E. McKinney Denton, Texas 76201 GREEN SPRINGS WATER SUPPLY CORPORATION, a Texas non-profit corporation Signature f'�7tecl Name Title Page 3 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DENTON g ton Texas4coib�ehal of s cThis instrument was acknowled ed before me on the day of2014 by George C. Campbell, City Manager of the City of Denh municipality. Mµ N241Public m and for mm. mm m"d""gyp4 � P,I qp pV �� N theState of Texas Var „ ...�Nqyk"tl k�µ4BV 4N1 � iM tlb�V'A .� ENV �� mTexas My Commission Expires: uNuu �P ACKNOWLEDGMENT TI II S'I'A 11 C '�I (XAS COL INTY OI 2..__ 'V 1 °instrument was ac rrowlcxl ' ' i before me on 1; ')!�Aay �I,2014 by 11 , then of Green Spring Water 6 rporat on, a Texas non-prol t corporation, on belial I" of said corporation. Z I 1. in f Noi.ai ny Public or the State of Texas My Commission Expires: �U F(.M.Mmmm� kN; S U DS NOTARY PUBLIC STATE TEXAS a tS Page 4 EXHIBIT A p ... ' / by o City of Der%tgn ��. Lake Ray Roberts %%; fj i --Water Treatment Facility 1 N �Y 1 i > /0 Vi xx. Fy ni/a�/ 1� 111f1f1111�4 � m; ,1 _r�"_" �. ... Sorg-, .ate.- .e..e... SIT01 I , E A SITE B SITE C ,, y AM Al 'l I i x N ROWU14-0004 - Burger Rd. Water line W-,��E Green Springs Water Supply Corporation a s 1 of 4 330 165 0 330 660 99DENTON PaFeet EXHIBIT Page 2 of 4 OO+i7l 1 LL+i: I I Z C,7 7W z 0 < 00+E I I F, z 0 0 u U 00+Zll 00+111 al 0 T < U 00+011 00+601 00+801 5 Imm EXHIBIT A STA 116+45 INSTALL I - 4" x 3" TEE 1 - 4" GATE VALVE I - 3" GATE VALVE I - 4" x 1- 1/2" REDUCER I - 1- 1/2 " GATE VALVE 7.5' FROM EDGE OF ROW-, INSTALL 4" C900DR-18 PVC WATER LINE . ..... . . . ..... ........................... z � 15 0 30 SCALE IN FEET A RECONNECT TO EXISTING INSTALL 1-1/2" WATER LINE (NORTH) 50 LF OF CUT AND PLUG EXISTING 2" CASED BORE (WEST) AND 1-1/2" (SOUTH) TO BE ABANDONED IN PLACE TRANSITION TO ""�11 STA 117+05 . ..... . I INSTALL PRIVATE EASEMENT I - 3" 90' BEND I - 3" GATE VALVE 30 . ..... 15'PRIVATE WATER LINE EASEMENT BURGER ROAD V) kn 00 BURGER ROAD 596 596 EXISTING ASPHALT ROAD SURFACE 595 594 ................ 594 VARIABLE WID-H R.O.W, 593 593 . .......... > �592 3" S1.)R-26 PVC MPU4 592 WA TER LINE I _STEEL ENCAS - ED BORE 591 ........... ..... ............ . . 591 590 .......... ........ . . . . . . . ......... .. . 1 8" CASING PIPE 590 SITE licit SCALE: 111=101 H 199=2'V yJW ENPROTEc/HIBBS & TODD, INC. ENVIRONMENTAL AND CIVIL ENGINEERING Hly. S16. 107 T-m 78048 SITE licit Page 4 of 4