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Home My WebLink About2003-021ORDINANCE NO. 40,-�- Oaf 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 A SANITARY SEWER LINE AND A DOUBLE BOX CULVERT ACROSS AN EXISTING TMPA EASEMENT AS PART OF THE SOUTHERN HILLS MEDICAL PLAZA IMPROVEMENTS 8-INCH SANITARY SEWER LINE AND T BY 4' DOUBLE BOX CULVERT, LOCATED WITHIN THE TRACT OF LAND SITUATED IN THE JOSEPH WHITE SURVEY ABSTRACT NUMBER 1433, CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING A PORTION OF A CALLED 243.185 ACRE TRACT OF LAND DESCRIBED IN THE DEED BEING RECORDED IN VOLUME 3245 PAGE 699 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. 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 a City water pipeline within a TMPA Electric utility easement as described therein. Section 2. The City Manager is authorized to make the expenditures as set forth in the attached Agreement. Section 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ale day of 2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CI Y SECRETARY B ; AP OVED S TO LEGAL FORM: HERBERT L. PROUTY, jVITY ATTORNEY LIN LICENSE AGREEMENT RELATING TO ENCROACHMENT ON EASEMENT Date: December 6, 2002 File Code: T-08, D-12 Re: Denton Steam -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) Denton Steam -Corinth 138 kV Power Line Easement, located in Denton County, Texas for an 8" Sanitary Sewer Line crossing near Colorado Blvd. at tower 3/2 and a 7'x4' double box culvert extension into the easement approximately 55' N. of Brinker Rd. TMPA is agreeable to the construction of the 8" Sewer Line and Box Culvert hereinafter referred to 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: 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 employees and agents from and against any and all claims, expenses, (including attorney fees), damages, losses and judgments whether for bodily injury or damage to property whether or not arising from the sole or concurrent negligence or fault of TMPA or its employees, 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. 1 4. If in the future the encroaching facility, in the sole judgment of TMPA, does interfere with the use or enjoyment of its easement rights, TMPA shall have the right to remove said encroaching facility. TMPA shall notify User in writing that, within 90 days, the encroaching facility must be removed at User's sole cost. If at the end of the 90 day period the encroaching facility has not been removed, TMPA shall remove it at User's expense. TMPA will not be responsible nor will compensation be paid for damages incurred by such removal. However, in an emergency, TMPA shall have the right to immediately remove the encroaching facility. If the encroaching facility is removed, TMPA will not unreasonably withhold consent for User to relocate the encroaching facility within the easement. 5. 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. 6. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed on the easement. 7. 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. S. Blasting is not permitted on the TMPA right of way. 9. 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. 10. 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. Except when pipe or underground facilities are installed, 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. 11. The TMPA right of way shall be protected from washing and erosion by a 2 method approved by TMPA. 12. Construction equipment and materials shall not be stored on the right of way during construction. 13. 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 B: Michael A. Title: Citv Managerduf Date: January 21, 2003 Encroachment: Denton Steam - Corinth APPROVED AS TO FORM: CITY ATTORN CITY OF , TEXAS Yours very truly, u ert Nelson Land Supervisor APPROVED: Texas Munic40�� pal Power Agency By: A Gary Pa sons Title: General Manager Date: 2/.3 y2 EXHIBIT "I T co 2 W lyre SOP; .c• a a g W tl p�, -==� @A �. �- Min - .- -� � mSR BR,Y° gg � 4 6��'•� 9�ei 8 'be Y ffi��tyie tztp,p5,:� 21?fide Ppy. Rdz� g A \ y I , f n 0 ,04 p I n I I I I I I \, I I III II � b I: Y ' I `.I 2f2f ay � BW aN I I q A I�SITE T VICINITY MAP EXISTING 70' TE AS AFFEC'EO BY AS AFFEC FED BY ASSIGNED ITEXAS PI D 1 AMM J O 60 120 180 240 COMJECT TO —EXIST. 12' W.L. 80'R.O.W.- — i BORE FOR B' W.L. CROSSNG 1 1 1� EXISTING 1 \\�16' W.L. 1 WATER DEMAND CALCULATIONS MAXIMUM DAILY MAXIMUM CIXJSUMPTION PATRONS CONSUMPTION LOT No. USE I (GAL/PERSONI I PEP DAY I (GPD) I MEDICAL 1 100 170 17. 000 PEAK HOUR FLOW 0 1.7 * MAX AV. DAILY = 28.900 WASTEWATER DISCHARGE CALCULATIONS DAILY I DAILY WASTEWATER WASTEWATER FLOW PATRONS FLOW LOT No. I USE I(GAL/PERSONI I PER DAY (GPD) MEDICAL 1 100 1 170 17,000 PEAK FACTOR 5 FLOW RATE 85,000 0.085 MGD EXISTING DOWNSTREAM LATERAL = 18' 0 0.46% +/- EXISTING CAPACITY = 6.64 MGD my tniBIT SINS NOTES / 1. DISCHARGE FROM ANY DETENTION POND OUTFALL OR STORM DRAIN OUTFALL MAY REQUIRE AN OFFSITE DRAINAGE EASEMENT TO ACCOMODATE THE FLOW. IF AN OFFSITE DRAINAGE EASEMENT IS REQUIRED, A STUDY SHALL BE MADE OF THE OFF -SITE PROPERTY TO DETERMINE THE SIZE OF THE DRAINAGE EASEMENT TO ACCOMODATE THE FLOW. - 2. ACCEPTANCE OF THE DRAINAGE FEATURES IDENTIFIED ON THE . PRELIMINARY PLAT ARE SUBJECT TO CHANGE WRING TILE FINAL PLAT PROCESS AND DO NOT CONSTITUTE SUBSEQUENT APPROVAL OF SAME. THE CITY RESERVES THE RIGHT TO REQUIRE ADDITIONAL DATE OR STUDIES TO ENSURE COMPLIANCE WITH CITY OF DENTON SUBDIVISION AND LAND REGULATIONS, DRAINAGE DESIGN CRITERIA AND COMPREHENSIVE MASTER DRAINAGE PLAN. *LEGEND* EI6 . WATERI -' - - MTIW WATER VALVE -- MTMG RATER EEIFA W. MTm EEE M'puNf EMTm PAWR PIXE EMT. S TYIY SEYIER MfW10LE --.-- WSTHf. SPMIMY SEMw _ _ .. _.. .. _ CONCPFIE 3llTG gRNI PPE moeossn FEE xvwYWr R-W g10PO5FD WPTER e' $S PROPoSED Se1fR PRELIMINARY EXISTING AND LoIR & SEWER LAYOUT A� AFFECTED BY PREE OPOSED 16' PUBLIC AS AFFECTED BY SUPPL ;OUTHERN HILLS UTLITY ESMT. ASSIGUED TO TEXAS M ICIF PROP. e' SS AND AS AMMEIJDE°. EDICAL PLAZA 10.39' _________---I-- _____�_____ .000 ACRES OF LAND LOCATED IN THE _____ ____ ____ _____ 79/TE SURVEY, ABSTRACT No. 7433, i )F DENTON, DENTON COUNTY, TEXAS. ..� A -------------- O 6O 120 Ie0 240 NFUE waTER FOR PRELIMINARY REVIEW. NOT FOR LONSTRUGTION, BOONG OR PERMIT PURPOSES. «6. %,z R*ME ROl ank*z, PE T.. RWWIMYNbn Noe1621 OR W.ilo BAIvW. `�"FDHEET 2 OF 4 WIBR & ASSOCASOCIATESq INC. ENGINEERS SURVEYORS LAND PLANNERS DATES oe-06-2002 ltD N]MI RIR o. m W MEigOL RXS XNq 1EIN (RIJIR-TR1 FIE 02 ry N.4wq ON 9 RNEf INAT RUq >SqM MRq ONMP-Oro W. A. N*. 019