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HomeMy WebLinkAbout2001-0565 Our OocumeM OiduuwroA01\TMPA LIMR10WOM0 dx ORDINANCE NO ps D01- 0,�9 AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT RELATED TO ENCROACHMENT ON EASEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS MUNICIPAL POWER AGENCY ("TMPA") RELATING TO THE LOCATION OF A CITY SEWER PIPELINE WITHIN A TMPA ELECTRIC UTILITY EASEMENT LOCATED IN DENTON COUNTY, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The City Manager, or his designee, is hereby authorized to execute a a License Agreement Related to Encroachment on Easement between the City of Denton and the Texas Mumcipal 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 sewer 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 day of , 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY :• APVED AS TO LEGAL FORM HE ERT L �PR, CITY ATTORNEY BY LICENSE AGREEMENT RELATING TO ENCROACHMENT ON EASEMENT Date January 9. 2001 File Code T1602. D 16 Re City of Denton 36 Inch Sewer Line Crossing Dear Sir The City of Denton (hereinafter referred to as User or Licensee) has requested permission to use the area within the boundaries of Texas Municipal Power Agency's ("TMPA" or Licensor) 138 KV Power Line Easement, located in Denton County, Texas, for a 36 inch sewer line crossing TMPA's 138 KV transmission line, W Denton Corinth TMPA is agreeable to the construction of the underground 36 inch sewer line 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 1 It is understood and agreed that TMPA holds easement rights on 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 allowed by Texas law, User agrees to defend, indemnify and hold TMPA, its officers, agents, and employees, harmless against any and all claims, lawsuits, losses, damages, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by any negligent act or omission of User, its officers, agents, associates, employees, or independent contractors, in the use, operation or maintenance of the portion of the 36" sewer line facilities occupying the property under this License, except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the negligence of Licensee, its officers, agents, employees, or independent contractors, and in the event of joint and concurrent negligence of both Licensee, Licensee's construction contractor and Licensor, responsibility and indemnity, if any, shall be apportioned in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to the User under Texas law and without waiving any defenses of the parties under Texas law The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity 3 Use of draglines 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 15 feet of the TMPA power lines situated on the aforesaid property User must notify the Supervisor of Transmission, Tom Chambers, at (936) 873 1125 or (936) 225 8614 (cell phone), 48 hours prior to beginning construction or the use of any boom type equipment on the TMPA easement 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 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 8 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 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 0 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 By Title City Ma age Yours very truly, Hubert Nelson Land Supervisor TEXAS MUNICIPAL POWER AGENCY By Gary Parsons Title General Manager Date February 6, 2001 Date f,PPROVED AS TO FORM HN/wmc CITY ATTORN ENCROACHMENTDENTONSEWER CITY OF D _ 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