1988-1422445L
NO
AN ORDINANCE GRANTING A FRANCHISE TO ACME BRICK COMPANY FOR THE
PURPOSE OF MAINTAINING AND OPERATING A NATURAL GAS PIPELINE
WITHIN THE PUBLIC RIGHT-OF-WAY OF THE CITY OF DENTON, TEXAS,
PROVIDING FOR A FRANCHISE FEE, PROVIDING FOR THE REGULATION OF
THE CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, AND USE THEREOF,
PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Charter of the
person or corporation king use
to
right-of-way, Public grounds use or occupancy, and
City of Denton requires any
or occupying any City street,
receive a franchise for such
WHEREAS, by Ordinance No 83-86, Acme
corporation, was granted the right to
operate a natural gas pipeline within the
the City of Denton until July 1, 1988, and
Brick Company, a Texas
install, maintain, and
street right-of-way of
WHEREAS, Acme Brick Company has requested
franchise right to maintain and operate the
within the right-of-way, and
a renewal of its
existing pipeline
WHEREAS, the City Council of the City of Denton, Texas, has
Brick Company aropriate to
accordanceawith the t rms thereof,
determined m to e Acme that
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I PURPOSE
A The City of Denton, Texas, ("City"), grants to Acme Brick
Company ("Acme"), the right and privilege to construct, recon-
struct, replace, maintain, use, and operate within the public
right-of-way of City all necessary or desirable pipelines or
s") in
other structures or ipelinensystem(tfor Facilitthey"purpoor iconveying
connection with a p p
natural gas, subject to the conditions of this ordinance
tnot he
B. The rights and privileges herein granted to Aocme shall
give Acme any exclusive right to the use of any p or permit any other party
public right-of-way and City may grant subject to the rights
to make use of any public right-of-way, s
granted to Acme herein
SECTION II LOCATION OF SYSTEM AND FACILITIES
A The franchise granted herein for the Facilities is only
for the use of that portion of the public right-of-way crossing
in i Exhibit a A"length of , attached hereto approximately SIXTY
Hobson 1e as n shown extending
(60) feet, incor-
porated herein by reference
B City reserves the right to construct, reconstruct, repair,
alter, and lay and permit to be laid, sewer, gas, water,
electric, and other cables, conduits, pipelines, and lines and to
overhead
or g proper by surface or
and permit may be deeed done, any underground,
work that over,
under, along, and across any public right-of-way occupied by the
Facilities
perof any mitting,lror requiring
street including
performing change
of any Acme,
or grade
such work, City shall not be liable to Acme for any damages
however caused, whether by the negligence of City, its agents,
employees or otherwise, provided, however, nothing herein shall
of Acme, e ofr liability damage
relieve
acilities person corporation
as otherwise provided
to the F for
herein
or location, fegrade, o ature of
C Whenever by reason of changes icurb the
width of any street, alley, sidewalk, any public right-of-way or property, or the location or manner of
constructing any water, gas, sewer, pipelines, conduits, or any
other surface or underground structure for any purpose whatsoever
that shall be deemed necessary or required by City, whether
undertaken by City or another party, Acme shall, when ordered by
City in writing, relocate, alter, change, adapt, or conform the
Facilities to accommodate the changes deemed necessary or
required, without compensation or reimbursement to Acme, pr
that Acme will not be required to completely remove its
Facilities from the public right-of-way
SECTION III TERM
This franchise shall have a term of ten (10) years, beginning
effective from the ordinance, unless
terminated for any breach or default as provided forhereinherwise
SECTION IV FEE
A, A^ cme shall pay to City an annual franchise fee of $100 00
per year for the use of the public right-of-way herein granted
The first annual payment shall be due and payable within thirty
(30) days of the effective date of this ordinance, and each
successsive
annual anniversary date of this aordinance or before
the
PAGE 2
B The franchise fee provided for
exclusive of and in addition to all oth
other fees or payments that would be
required or provided for in any other
taxes or assessments that may be levied
or state law
in Section IV shall be
er permit, inspection, or
applicable to Acme, as
ordinance, or any other
as authorized by federal
SECTION V REGULATION OF CONSTRUCTION
A That Acme shall obtain a right-of-way work permit and any
other required permits, as specified by City's ordinances, prior
to beginning any construction, reconstruction, or other work that
will require any digging, cutting, excavation, or tunnelling in,
under, or across any public right-of-way Any permit fees,
inspe by ion fees, or
provided
and shall ebef ins additions to any other ordinance
for in this ordinance
B All work performed in the public right-of-way shall be
performed so as to minimize interference or disruption of the use
thereof by the public, in accordance with the directions of
City's authorized personnel Acme shall comply with all other
construction or permit requirements of City and the reasonable
directions or orders of City's authorized personnel as to the
hours of construction work, barricading requirements, traffic
lwhand ich safety are imposed to I insand ure a the other protection related of the public or
orders
C In emergency situations, Acme may begin work within the
public right-of-way without first receiving the required required
but shall after beginning the work, apply for the e soon
permits thereafter within twenty-four (24) hours or as s
thereafter as is reasonable possible during the business hours of
City Any emergency work performed prior to obtaining the
required permits shall be in accordance with the ordinances and
regulations applicable to work performed under the required
permits An emergency situation" shall only include the work on
the Facilities which is immediately necessary to restore normal Fac
orunex
cted wopheraichtion
anticip ted iconstructiond
wass not part of iany litiplannees
repair, replacement, reconstruction, or maintenance program
D City shall have the power at any time to order and require
Acme to remove or abate any of the Facilities, or condition
thereof, that are dangerous to life or property, and in case
Acme, after written notice, fails or refuses to comply with the
order within the time specified, City shall have the power to
remove or abate the and without liability dangerous gcompensationtfor damages to Acme of Acme
PAGE 3
SECTION VI RIGHTS IN THE EVENT OF ABANDONMENT
If City closes or abandons any portion of the public
right-of-way or property which contains the Facilities of Acme,
any conveyance or transfer of title or interest in the public
right-of-way shall be subject to the right of Acme to continue to
operate and maintain its Facilities therein in accordance with
this ordinance
SECTION VII INDEMNITY
A Acme shall indemnify and save and hold harmless City, its
officer, employees, and agents from and against all claims,
losses, damages, causes of action, suits and liability of every
kind, including all expenses of litigation, court costs, and
attorney's fees, for injury to or death of any person, or for
damage to any property, arising out of or in connection with the
erection, construction, location, replacement, reconstruction,
repair, maintenance, or operation of Acme's Facilities regardless
of whether the injury, death, or damage is contributed to by the
negligence of City, its officers, agents, or employees, except
that the indemnity provided for in this paragraph shall have no
application to any claim, loss, damage, cause of action, suit, or
liability resulting from the sole negligence of City, its
officers, agents, or employees
B Acme shall not make any claim against City and City shall
not be liable to Acme for any damage to the Facilities, whether
actual or consequential, howsoever such damage shall be caused,
whether by the negligence of City, its agents, employees, or
contractors, or otherwise
C Acme shall not have or make against City any claim or
demand for or on account of any damage Acme may suffer or sustain
because of any failure City's title to the public right-of-way
and lands occupied by the Facilities, or any part thereof
D Any claim made by Acme against any property owner adjacent
to the public right-of-way where the Facilities are located for
nelience in performing any the manner of constructing npublicinrightyof-way,when improvements the
improvements or work are authorized by City, shall be limited to
actual damages to the Facilities, and no claim for consequential
damages shall be made
SECTION VIII RECORDS
Acme shall keep complete and accurate maps, construction
drawings, and specifications describing the location of the
PAGE 4
Facilities within the public right-of-way, copies of which shall
be supplies to city upon request
SECTION IX NOTICE
Any notice or communication required to be provided under
this ordinance shall be sent as follows
Notice to City will be to
Notice to Acme will be to
City Manager
City of Denton, Texas
215 E McKinney
Denton, Texas 76201
Jeffrey S Bodley
Real Estate Manager
Box 425
Ft Worth, Texas 76101
SECTION X ASSIGNMENT
All of the rights, privileges, obligations, duties, and,
liabilities created by this ordinance shall pass to and be
binding upon the successors of City and successors and assigns of
Acme Acme shall not, however, assign or transfer its rights or
obligations hereunder to any other party without the prior
written consent of City, unless the transfer or assignment is to
a parent, subsidiary, affiliate of Acme and, in such case, the
transferee or assignee agrees, in writing, to assume all of the
obligations of Acme hereunder and to be bound to the same extent
as Acme hereunder
SECTION XI FORFEITURE
A If Acme should violate any of the terms, conditions, or
provisions of this ordinance or if Acme should fail to comply
with any reasonable provisions of any ordinance of City
regulating the installation, maintenance, or operation of the
Facilities and should Acme continue to violate or fail to comply
with the same for a period of thirty (30) days after Acme is
notified in writing by City to correct or remedy the violation or
failure as specified in the notice, then Acme shall be declared
to have forfeited all rights and privileges granted by this
ordinance as provided for herein
B Any forfeiture shall only be declared upon written
decision of the City Council of City after a public hearing
before the Council at which Acme shall be given notice and an
opportunity to respond and be heard as to the alleged violation
or failure to comply
C Upon forfeiture, Acme shall promptly remove all of its
Facilities from the public right-of-way and restore the surface
PAGE 5
thereof to the same or better condition as existed prior to
removal, all at the sole cost of Acme
SECTION XII MISCELLANEOUS
A The obligations and undertakings of Acme and City under
this ordinance shall be performable in the City of Denton, Denton
County, Texas
B This ordinance shall be governed by the laws of the State
of Texas
C This ordinance shall be and is hereby declared to be
cumulative of all other ordinances of City, this ordinance shall
not operate to repeal or affect any of such other ordinances and
insofar as the provisions thereof might be inconsistent or in
conflict with the provisions of this ordinance, the provisions of
this ordinance shall govern and control over such conflicting
provision as to any provision of this ordinance
D Continued performance by either party pursuant to the
terms of this ordinance after the default of any of its terms,
shall not be a waiver of any right to cancel or cause a for-
waiver waiver
construed h or ordinance,
feiture nshall be held under
acte as e a and no
any default any
subsequent default
SECTION XIII APPROVAL AND ACCEPTANCE
In accordance with Section 13 02 of the City Charter, this
ordinance shall become effective twenty-one (21) days after final
approval, if, before that date, Acme shall give its written
acceptance of this ordinance by signing as provided below, and
provided that, after final approval and before the expiration of
twenty-one days, the full text of this ordinance shall be
published once each week for two (2) consecutive weeks in the
official newspaper of City, the expense of which shall be borne
by Acme
Acme for itself, its successors and assigns hereby accepts
this ordinance and agrees to be bound by all of its terms and
provisions rp
SIGNED this q J-11 of S&/2-r , 1988
ACME BRICK COMPANY
PAGE 6
PASSE AND APPROVED on first
"Jt
1988, by a majority
o e ty of Denton, Texas
ATTEST
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,
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Y
464 AND APPROVED on second
1988, by a majority
o of Denton, Texas
reading this the day of
vote of the entire ty Council
CITY OF DENTON, TEXAS
RAY S H S, M R
reading this the of
ouncil
vote of the entire 4~day
CITY OF DENTON, TEXAS
AT H*Y~
ATTEST
I„ T~R C S ET Y, C SET Y
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
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