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1983-086AN ORDINANCE GRANTING TO ACME BRICK COMPANY, ITS SUCCESSORS AND ASSIGNS, CONSENT TO THE USE OF CERTAIN STREETS AND ALLhYS FOR GAS PIPELINE PURPOSES THE COUNCIL OF THE CITY OF DENTON, tEXAS, HEREBY ORDAINS S~GT~ON I The Clty of Denton, Texas (hereinafter called "City"), hereby grants to Acme Brlck Company, a Texas Corporatxon (herelnaiter called "Company"), its successors and assigns, consent to use and occupy the present and future streets, alleys, h~ghways, public utxlxty easements and publxc thoroughfares of Cxty lying south and/or west of the Acme Brxck Company Plant, for the purpose of laying, ma~ntaxnlng, constructxng, operatxng and replacing there- ~n and thereon a plpelxne and all other appurtenant equxpment needed and necessary for the transmxss~on of gas to such Acme Brxck Company Plant, xn the Cxty of Denton, from a connection w~th a gas supplxer or suppliers £he consent here~n contained xs granted for a term beg~nnxng with the eifect~ve date of th~s ordinance, and cont~nuxng until the fxrst day of July, 1988 SEC? ON Company shall lay, maxntaln, construct, operate and replace its p~pes, mains, laterals and other equxpment so as to lnteriere as l~ttle as possxble w~th traffic, and shall promptly clean up and restore to an approximate original condition, at its cost, all thoroughfares and other surfaces which xt may dxsturb, and Company shall promptly repair any xmperfect restoratxon whxch may be called to xts attention by C~ty ]he location of all mains, pxpes, laterals and other appurtenant equxpment shall be ftxed under the superv~sxon of the Cxty Council or an authorized committee or agent appointed by sa~d Councxl SECTION III When Company shall make or cause to be made excavations or shall place obstructions in any street, alley or other public place, the publxc shall be protected by barrters and lxghts PAGE ONE placed, erected and maintained by Company, and in the event of ln3ury to any person or damage to any property by reason of the construction, operation or maintenance of the gas pipelines of Company, Company shall indemnify and keep harmless City from any and all liability in connection therewith, and shall furnish City w~th a certificate or other proof of insurance covering and protecting City as stated in this Section SECTION IV Th~s consent ordinance shall be sub0ect to all applicable regulatory and other authority of City contained in City's Charter, Code of Ordinances and the statutes and Constitution of the State of Texas SECTION V Company shall file its written acceptance of this consent ordinance within sixty {60) days after its final passage and approval by City, and failure to do so w~thln such period shall immediately revoke and nullify th~s ordinance PASSED AND APPROVED on f~rst reading th~s the /~7~day of  ______, 1983 .~ PASSED AND APPROVED on second reading this the ~ day of , 1983 ATTEST ACCEPTED CHARLOTTE ALL~N, CITY M~UK~'I'~Y PR~SlDh~'" ~----M/~ CITY OF DENTON, TEXAS ACME BRICK COMPANY~ APPROVED AS TO LEGAL FORM ATTEST C J TAYLOR, JR , CITY ATTORNEY /-- v ~' Asst Treasurer PAGB TWO