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HomeMy WebLinkAbout2006-129S:AOur DOCUmentsV0rdinancesV06ATMPA Encroachment Ordinance.doc ORDINANCE NO. _2 006-1,2 9 AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT BETWEEN THE TEXAS MUNICIPAL POWER AGENCY ("TMPA"), AND THE CITY OF DENTON RELATING TO THE ENCROACHMENT OF CITY UTILITIES, A PORTION OF RIGHT-OF-WAY AND A STORM DRAIN ACROSS AN EXISTING TMPA EASEMENT AS PART OF THE WHEELER RIDGE PHASE 4 IMPROVEMENTS, LOCATED IN THE B. MERCHANT SURVEY ABSTRACT NUMBER 900, CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING A PORTION OF A CERTAIN CALLED 253.926 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO CENTEX HOMES, A NEVADA GENERAL PARTNERSHIP, RECORDED IN VOLUME 5105 PAGE 3753 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute a License Agreement Related to Encroachment on Easement between the City of Denton and the Texas Municipal Power Agency ("TMPA") in substantially the form of the Agreement which is attached to and made a part of this ordinance for all purposes, for the purpose of locating City utilities and public right-of-way within a TMPA Electric utility easement as described therein. SECTION 2. The City Manager, or his designee, is authorized to make the expenditures as set forth in the attached Agreement and to exercise all rights and duties of the City of Denton under the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. t PASSED AND APPROVED this the . /0 day of 12006. C EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY%XSIJ n 4n.A� APPROVED AS TO LEGAL FORM: EDWIN SNYDER, CITY ATTORNEY C 2 LICENSE AGREEMENT RELATING TO ENCROACHMENT ON EASEMENT Date: March 28, 2006 File Code: T-16, b-36 Re: West Denton -Corinth 138 kV Transmission Line. Dear Sir: The City of Denton (hereinafter referred to as User) has requested permission to use the area within the boundaries of Texas Municipal Power Agency's (TMPA) West Denton -Corinth 138kV Power Line Easement, located in the vicinity of FM 2181 and Hickory Creek Rd, in Denton County, Texas, for a portion of a street (Hickory Creek Rd.), a drainage for a storm drain outfall, and for public utilities (electric, water and sewer) associated with the Wheeler Ridge Phase 4 Subdivision. TMPA is agreeable to the construction of the foregoing Street, Drainage and electrical improvements referred to collectively as the "encroaching facility", if the encroaching facility is located and described as shown on the attached drawing, marked Exhibit "A" and incorporated herein, and subject to the following terms and conditions: 1. It is understood and agreed that TMPA holds easement rights on or owns the property involved; therefore, User will be required to obtain whatever rights and permission, other than TMPA's, that are necessary. This letter agreement shall extend to and be binding upon User and its heirs, successors, and assigns, and is not to be interpreted as a waiver of any rights held by TMPA under its easement. 2. To the extent permitted by law, user shall defend, indemnify and hold harmless TMPA, its Officers, Directors, Employees and Agents from and against any and all claims, expenses, (including attorney fees), damages, losses and judgments whether for bodily injury including death or damage to property, arising out of or incident to the presence, construction, operation and maintenance of the encroaching facility. 3. Use of dragline or other boom -type equipment in connection with any work to be performed on the TMPA easement by User, its employees, agents, representatives or contractors must comply with Chapter 752, Texas Health and Safety Code, the National Electrical Safety Code and any other applicable safety or clearance requirements. Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen feet of the TMPA power line situated on the aforesaid property. User must notify the Supervisor of Transmission, Tom Chambers, at (936) 873-1125 or (936) 873-2013, 48 hours prior to the use of any boom -type equipment on the TMPA easement. 4. It is expressly understood and agreed that if the property has transmission or distribution facilities located thereon, User shall not place upon the premises, any improvements including but not limited to, building, light standards, fences, shrubs, trees or signs unless approved in writing by TMPA. 5. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed on the easement. 6. TMPA will not be responsible for any costs of construction, operation and maintenance of User's encroaching facility. It is further agreed that TMPA shall not be liable for any damage to the encroaching facility herein agreed to as a result of TMPA's use pursuant to its easement. Any TMPA property damaged or destroyed by User or its agents shall be repaired or replaced by TMPA at User's expense and payment is due upon User's receipt of an invoice from TMPA. 7. Blasting is not permitted on the TMPA right of way. 8. Grading shall be done in order to leave the right of way in as near as possible to present condition. Spoil dirt and all trash shall be removed from the right of way. Slopes shall be graded so that TMPA vehicles may transit the right of way when required to maintain TMPA's facilities. 9. Shoring shall be required where approved excavation is within 10 feet of a structure and shall extend 20 feet each side of the centerline of the structure. Shoring shall be sufficient to withstand the added load of the structure and its footing. Ditches shall not be left open for extended periods of time. Shoring shall be removed and ditches properly backfilled as soon as practical. Backfill shall be thoroughly tamped. Water tamping shall not be permitted within this area. 10. The TMPA right of way shall be protected from washing and erosion by a method approved by TMPA. 11. Construction equipment and materials shall not be stored on the right of way during construction. 12. It is understood and agreed that, in case of default by User or its agents in any of the terms and conditions herein stated and such default continues for a period of ten (10) days after TMPA notifies User of such default, TMPA may at its election forthwith terminate this agreement and upon such termination all of User's rights hereunder shall cease and come to an end. This agreement shall also terminate upon the abandonment of the encroaching facility. If the foregoing terms and conditions are acceptable to The City of Denton, please have the original and a copy of this letter agreement signed and returned to me at Texas Municipal Power Agency, P.O. Box 7000, Bryan, Texas 77805 within 30 days for final approval by TMPA. This letter agreement shall be effective only after final approval by TMPA. ACCEPTED: City of Denton Yours very truly, �'�5--�— HubertWNelso Land Supervisor APPROVED: Texas Municipal Power Agency /il �u-�� m � RG By:Wv4C By: nip Ssr S GYG_O&it%I4t- Title: Snferi m nr f / �rTitle: General Manager Date: May /�r 2006 En=xhment Denton Steam —Connth APPROVED AS TO FORM: CITY ATTORNEY, CITY OF DSNiON. TEXA19 Date: &.11 Cf./O% Norf4 W Bd soufA EXHIBIT "A" POCKRUS Lu J 0 35E Denton State U) School 2181 ROBINSON LEA NOWLIN ALocation Y o HICKORYCREEK 0 a LAKE SHARON VICINITY MAP r Z A 8Nr7 jrnON07 A A r I La'IZZAN F 4 r i \ \I 00 Man F, W �� 0 QS�'d m0 =aW0: WL CC �WW ~QW W = 3 ---L 1 -1 :1L sans» d HEVHd 909 & yJ7J/y± ON, I-- 2 X W ƒ «,$ d.ft0AV7 YYBZVM @w N b JSbHd 9;9QI2I 2I97,7,7HY1 €w4E v q . 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File Information: Record and Return To: Document Number: 2006-151799 Receipt Number: 344747 CITY OF DENTON Recorded Datelrime: December 13, 2006 02:18:09P. - 601-E HICKORY STE B DENTON TX 76205 User / Station: K Kirby - Cash Station 3 THE STATE OF TEXAS) y/l COUNTY OF DENTON) I"rsby certify Mat this inatnimem was FILED in Me File Number sequence on Me denudes printed heron, end was duly RECORDED in Me OMGIW Records of Dorton County, Texas. L rears * County Clerk Denton County, Texas