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Home My WebLink About2005-057ORDINANCE NO. oS iM5 D5/ AN ORDINANCE APPROVING A RIGHT-OF-WAY USE AND ENCROACHMENT AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS TO ALLOW BORING UNDER EXISTING CITY PUBLIC UTILITY EASEMENTS AND PUBLIC RIGHT-OF-WAY THAT WILL ACCOMMODATE THE INSTALLATION OF ELECTRIC FACILITIES BETWEEN UNT PROPERTIES LOCATED ON THE EAST AND WEST SIDES OF BONNIE BRAE STREET; AND DECLARING AN EFFECTIVE DATE THEREOF. WHEREAS, the City of Denton has received a request from UNT for the installation of electric facilities under existing City Public Utility Easements and Public Right of Way pursuant to a Right -of -Way Use and Encroachment Agreement, a copy of which is attached to this ordinance (the "Agreement'); and WHEREAS, the Development Review Committee of the City of Denton, Texas reviewed the requested construction project 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; and 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. PASSED AND APPROVED this Ag�day of 005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: I Page 1 APPROVED AS TO LEGAL FORM: Herbert L. Prouty, City Attomey IM Page 2 RIGHT-OF-WAY USE AND ENCROACHMENT 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 the University of North Texas, a public university authorized to operate under Chapter 105 of the Texas Education Code and operating as an arm of the State of Texas ("UNT"). WHEREAS, UNT, has requested permission to bore under Bonnie Brae street right-of-way and a City public utility easement (the "City Right -of -Way') for the installation of underground electric utility lines and appurtenances (the "Electric Facilities") between UNT property on the east and west sides of Bonnie Brae with such boring being at the bore location shown on the drawing attached hereto and made a part hereof by reference as Exhibit "A" (the "Encroachment Area"); and WHEREAS, The City of Denton, Texas ("City") hereby grants permission for UNT to locate, maintain and repair the Electric Facilities within the Encroachment Area, subject to the following terms and conditions: 1. The Electric Facilities shall be constructed in such amanner 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 Electric Facilities within this agreement such term shall mean the Electric Facilities constructed in accordance with the Plans and Specifications. The construction method shall be by boring underneath the street surface and electric easement at a minimum depth approved by the City, which depth will be shown on the Plans and Specifications. The City reserves the right to limit and/or to require specific construction methods within the Encroachment Area. These limitations or construction methods shall be included in the construction plans and specifications for any work performed within the Encroachment Area. In addition, UNT shall provide adequate inspection and coordination with the City to insure the contractor adheres to these items during construction. 2. The Electric 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 Encroachment Area. In the event the City repairs, expands, or adds to its facilities within the Encroachment Area, and in the City's sole opinion it is necessary that the Electric Facilities be modified, removed or relocated, in whole or in part, to accommodate such repairs, expansion or addition, UNT shall, at its sole cost, modify, remove or relocate the Electric Facilities, as directed by the City, no later than 120 days after City gives UNT written notice. 3. To the extent permitted by law, UNT 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 Electric Facilities. In addition, UNT shall require that its contractor provide and maintain throughout the installation of the Electric Utilities, 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 Encroachment Area UNT 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. UNT and its contractor will prevent construction equipment from damaging existing City facilities or public utilities located within the Encroachment Area and adjacent areas. 5. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed on or in the Encroachment Area. 6. The City will not be responsible for any costs of construction, operation and maintenance of UNT Electric Facilities. It is further agreed that the City shall not be liable for any damage to the Electric Facilities as a result of the City's use of the City Right -of -Way. If any City property is damaged or destroyed by UNT or its agents it may be repaired or replaced by the City at UNT expense and payment is due upon UNT's receipt of an invoice from the City. Blasting is not permitted on the Encroachment Area or adjacent areas. 8. Because the Electric Facilities will be installed by boring within the Encroachment Area, the surface should not be disturbed. However, should the surface be disturbed UNT will cause the surface to be restored to the condition it was in prior to the installation of the Electric Utilities. Spoil dirt and all trash shall be removed. 9. The Encroachment Area and City Right -of -Way 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 Encroachment Area. 11. It is understood and agreed that, in case of default by UNT 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 UNT of such default, the City may at its election forthwith terminate this Agreement and upon such termination all of UNT's rights hereunder shall cease and come to an end. This agreement shall also terminate upon the abandonment of the Electric 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 they of , 2005 (the "Effective Date"). Page 2 CITY OF DENTON, TEXAS -L . IL n' - 0 �-t ATTEST: JENNIFER WALTERS, CITY SECRETARY UNIVERSITY OF NORTH TEXAS APPROVED AS TO FORM: HERBERT L. PROUW, CITY APPROVED AS FORM: BY: C ACONDUFF �1ej ITY ANAGER 215 E. McKinney Denton, Texas 76201 BY:/- Z2--Z Name: 19hil plebe Title: UP for Finanoe onal Bus/ncss I-F�FQirs Page 3 ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on \Ad-g U 2005 by Michael A. Conduff, City Manager of the City of Denton, Texas, on behalf of such municipality. lQ/dN C, • &4at,4' it/ Nary Public in and for the State of Texas M Commission Expires: of y p A � q00 } ; ,p";a JANry E. RICHARDSON `% Notary Public, State of Texas ¢ My Commission Expires June 27, 2005 ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on ry.,rk o?/ 2005 by &,'/ 0 ,Je / , the V P -For Fnonr w for the University of North Texas, on behalf of the University of North Texas. v/!d Bu$�nrSS flffoirs Cl Notary Public in and for the St of Texas My Commission Expires: CHARLA R. FRIDAY @ Notary Public, State of Texas Y g Es My Commission Lxpiree Febfud�`/ 2b, 2G'"7 -- Page 4 � t N U LL N C U L N N U N pCp�� U O Z i0 N N m N N EU m m N it N c O m c c m c p m O a N O W O O � 25 O C 'rn O rm a O N O 1: