1968-004 AN ORDINANCE GRANTING TO ACME BRICK COMPANY, ITS
SUCCESSORS AND ASSIGNS, CONSENT TO THE USE OF
CERTAIN STREETS AND ALLEYS FOR GAS PIPELINE PURPOSES
THE COUNCIL OF THE CITY OF DENTON~ TEXAS, HEREBY ORDAINS
SECTION I
The Cmty of Denton, Texas (hereznafter called
hereby grants to Acme Brzck Company, a Texas Corporatzon
(hereinafter called "Company"), zts successors and assigns,
consent to use and occupy the present and future streets,
alleys, h~ghways, publzc ut~lzty easements and publzc thorough-
fares of C~ty lyzng south and/or west of the Acme Brzck Company
Plant, for the purpose of layzng, ma~nta~nzng, constructzng,
operating and replacing there~n and thereon a pzpelzne and all
other appurtenant equzpment needed and necessary for the trans-
mzss~on of gas to such Acme Brzck Company Plant, zn the Czty
of Denton, from a connectzon w~th a gas supplzer or supplzers
The consent here~n contained ~s granted for a term begznnzng
w~th the effective date of th~s ordinance, and continuing until
the f~rst day of July, 1983.
SECTION II
Company shall lay, ma~ntazn, construct, operate and re-
place ~ts pmpes, mazns, laterals and other equzpment so as to
~nterfere as l~ttle as possible w~th traffzc, and shall prompt-
ly clean up and restore to an approximate orzg~nal condztzon,
at ~ts cost, all thoroughfares and other surfaces which it may
dzsturb, and Company shall promptly repazr any zmperfect res-
toratlon whlch may be called to ~ts attention by Czty The
locatlon of all malns, pipes, laterals and other appurtenant
equipment shall be f~xed under the supervision of the Czty
Council or an authorized commlttee or agent appointed by sa~d
Council
SECTION III
When Company shall make or cause to be made excavatzons
or shall place obstructions in any street, alley or other
publlc place, the publlc shall be protected by barriers and
lzghts placed, erected and maintained by Company, and an the
event of ln3ury to any person or damage to any property by
reason of the constructlon, operatzon or mazntenance of the
gas plpelznes of Company, Company shall lndemnzfy and keep
harmless Czty from any and all l~ab~lzty ~n connectzon there-
wzth, and shall furnish City wlth a certlfzcate or other
proof of insurance coverlng and protecting City as stated zn
thzs Section
SECTION IV
Thzs consent ordinance shall be sub]ect to all applicable
regulatory and other authorlty of Czty contained ~n Czty's
Charter, Code of Ordlnances and the statutes and Constztut~on
of t~e State of Texas
SECTION V
Company shall file its written acceptance of this consent
ordinance w~th~n s~xty (60) days after ~ts f~nal passage and
approval by Clty~ and fallure to do so wlthln such period
shall immediately revoke and nullify th~s ordinance
I pASS~D ~ APPROVED on f~rst reading th~s the q /~j~ ~
day of ~J~.~ , A D 196~ /~F ~
PASSED AND APPROVED on second reading this /
day of t~-~ , A D 1968 /~
//~ek~ Mart~n~ M~yor
y of Denton~ Texas
ATTEST
~rooks Holt~ C~ty Secretary
C~ty of Denton~ Texas
APPROVED AS TO LEGAL FORM
J Q Barton~ C~ty Attorney
of Denton~ Texas
ACCEPTED
ACME BRICK COMPANY
BY D ~ent
ATTEST
D T Sunpson, Assistant Secretary
AN ORDINANCE GRANTING TO AcME BRICK COMPANY, ITS
SUCCESSORS AND ASSIGNS~ CONSENT TO THE USE OF
CERTAIN STREETS AND ALLEYS FOR GAS PIPELINE PURPOSES
THE COUNCIL OF THE CITY OF DENTON~ TEXAS~ HEREBY ORDAINS
SECTION I
The City of Denton, Texas (hereinafter called "City"),
hereby grants to Acme Brick Company, a Texas Corporation
(hereinafter called "Company"), 1ts successors and assigns,
consent to use and occupy the present and future streets,
alleys, highways, public utility easements and public thorough-
fares of City lying south and/or west of the Acme Brick Company
Plant, for the purpose of laying, maintaining, constructing,
operating and replacing therein and thereon a pipeline and all
other appurtenant equipment needed and necessary for the trans-
mlsslon of gas to such Acme Brick Company Plant, in the City
of Denton, from a connection with a gas supplier or suppliers
The consent herein contained xs granted for a term beginning
with the effective date of this ordinance, and contmnulng until
the first day of July, 1983
SECTION II.
Company shall lay, maintain, construct, operate and re-
place its pipes, mains, laterals and other equxpment so as to
interfere as little as possible with traffic, and shall prompt-
ly clean up and restore to an approximate original condition,
at its cost, all thoroughfares and other surfaces which xt may
disturb, and Company shall promptly repair any imperfect res-
toratlon which may be called to ~ts attention by City The
location of all mains, pipes, laterals and other appurtenant
equipment shall be fixed under the supervision of the City
Council or an authorized committee or agent appointed by said
Councll
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 public shall be protected by barriers and
lights placed, erected and maintained by Company, and in the
event of ~n3ury 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 Cmty from any and all liability in connection there-
with, and shall furnish City with a certificate or other
proof of insurance covering and protecting City as stated ~n
this Section
SECTION IV
This consent ordinance shall be sub3ect to all applicable
regmlatory and other authority of City contained in City's
Charter, Code of Ordinances and the statutes and Constitution
of the State of Texas
~ECTION V
Company shall file its written acceptance of this consent
ordinance w~th~n sixty (60) days after its final passage and
approval by C~ty~ and failure to do so within such period
shall ~mmed~ately revoke and nullify th~s ordinance
PASSED AND APPROVED on first reading this the q ~ ~ ~
day of ~~t_--~ a D 196S ;~
PASSED AND APPROVED on second reading this
the 3'
day of ~~ A D 1968 /~F
o~r~%o~Y~xas
ATTEST
rooks Holt~ City Secretary
City of Denton~ Texas
APPROVED AS TO LEGAL FORM
Ja~Q Barton~ C~ty Attorn y
yy of Denton~ Texas
ACCEPTED
ACME BRICK COMPANY
BY
ATTEST
By .
i~CDONALD SANDE;RS WYNN GINffi*~UR(~ ATWOODHCDONALD
PHIlliPS ~ ~ADDOX ~A~CUSO~NS~U--O
~O~T WORTH TEXAS 7610~ c HAROLD BROWN
3angry 30, 1968
City of Denton
Denton City Hall
Denton, Texas
Attention Mr Brooks Holt,
City Secretary
Re Ordinance No 68-4 - Acme Brick Company
Gentlemen
We represent Acme Brick Company and on behalf of
said Acme Brick Company we enclose orzginal and one copy of
letter dated January 26, 1968, from Acme to you with enclosed
true copy of original Ordinance No 68-4, on which Acme Brick
Company has duly noted its acceptance of said Ordinance
Also, enclosed find Certzficate of Insurance dated
January 29, 1968, by the Travelers Insurance Company certifying
to the City of Denton that Acme Brick Company has the required
l~ab~lity insurance both for bodily in3ury and property damage
as required by Section III of said Ordinance As you will note,
the Travelers Insurance Company has certified both as to the
prime coverage and also, the excess coverage which results in
a complete coverage of $1,100,000 00 for each person and
$1,300,000 00 for each accident and property damage of $1,100,000 00
Also, as you will note said Certificate expressly recognizes that
Ordinance No 68-4 which contains a Hold Harmless Agreement has
been noted and coverage provided therefor (Acme Brick Company
has heretofore accepted said Ordinance No 68-4 and has thereby
contractually agreed to indemnify the City of Denton as set
forth in said Section III of sazd Ordinance )
City of Denton
January 30~ 1968, Page 2
When you have had the full text of said Ordinance
No 68-4 published once each week for two consecutive weeks
in the official newspaper of the City of Denton, then please
forward us the amount of the expense of such publication and
we shall see that the same is paid immediately
If there are any questions you desire to ask us
concerning the above, or if there are any further acts required
to be done by Acme Brick Company before this Ordinance shall
take effect, then please let us know as soon as possible
Appreciating your attention to this matter, we are
Very truly yours,
Olcott Phillips
OP/bd
Encl
cc Mr Jack Q Barton, City Attorney
City of Denton, Texas
Denton City Hall
Denton, Texas
THE TRAVELERS
Certificate of Insurance
This is to certify that policies of insurance as described below have been issued to the insured named below
and are in force at this time If such poltcies are canceled or changed during the periods of coverage as stated
herein, in such a manner as to affect this certlfieat% written notice will be mailed to the party designated below
for whom this certificate is issued
1 Name and address of party to whom this eerBficate is issued 2 Name and addre~ of insured
-- The C~ty of Denton Acme Br~ck Company
Denton, Texas ? 0 Box 425
~ort Worth, Texas
3 Location of operations to which this certificate apphea
All States
Workmen s Compensahon and Employers Compensation--Statutory **
Lmbd~ty in the state named in item 3 hereof
Boddy Inlury habddy--except automobde **
$ 100,000 each person
xn cluding Protective 300,000 each accident IqSL 2266329 1/1/68-69
Property Damage Lmbd~ty--except automobde '~ - **
$ 100,000 each acmden!
~ n eluding Protective $ 100,000 aggregate
Boddy Inlury bab,htymautomobde $ 100,000 each person
$ 300,000 each accident NSL 2266329 1/1/68-69
Property Damage Llabd,ty~automobde $ 100,000 each accident
L,abd,ty (Boddy Inlury and Property Damage) $1~000,000 each accident GUP 3005504 1/1/68-69
*Policy is effective and expires at 12 01 A ~t, standard time at the address of the .... '~ ....... ~ as o,~,~a h~ro,r
**Absence of an entry in these spaces means that ~nsurance is not afforded with respect to the coverages oppostte
thereto
Description of Operations, or Automobiles to which the pohcy apphes
Mfg & dxstrxbutmon of clay construction products Pol:c~eb provzde coverage for
operatzons ~nd mll owned and non-owned automot:ve equipment t, xcess llmzts policy
CUP 3005504 provides excess lzmmts ~n excess of l~m~ts afforded by NbL 2~66329
lof et r sol he ohc lncludn end rsements a phc lethereto
he lnsuranc orded is sub~ec tO al °~een not;e~ ai~b coverage
~r~d~nance
~rov~ded therefore
THE TRAVELERS INSURANCE COMPANY
THE TRAVELERS INDEMNITY COMPANY
)ffice Dal,l~s~ Tex~s THE CHARTER OAK FIRE INSURANCE COMPANY
Producer
Date 1/2~/68 By
~~ ~'
ACME BRICK COMPANY
a division of First Worrh Corporation
BOX 425 FORT WORTH, TEXAS 76101 TEL. 817/332/4101
September 2, 1970
City of Denton
Denton City Hall
Denton, Texas 76201
Attention: Mr. Brooks Holt
City Secretary
Re: Ordinance No. 68-4
Dear Sir:
Attached please find certificate of insurance which
fulfills the obligation of Acme Brick Company to
the City of Denton as provided in Section III of
Ordinance No. 68-4 which granted us the right to
use and occupy certain properties in connection
with the operation of a pipeline and related
equipment necessary to supply gas to our Denton
production facility.
I trust you will find this material in order as
set forth in Ordinance No. 68-4.
Very truly yours;
C. E. Dunaway, Vice President
Personnel and Industrial Relations
CED/nc
Attachment
.
.,oMa .r o 0
BRIOK ~!/fC~~~Ol/ .. ps~lrai~ AQM6
CAT/1F0-CASs' e~oo~c
Cod- 5~
--`.,.,
.-:
YHE ST. PAUL ST. PAUL FIRE AND MARINE INSURANCE COMPANY
I~SU~QNCe ~oMP<,.~ES - ST. PAUL MERCURY INSURANCE COMPANY
m~®~..
~~~
°""°'°°~"`"°"'° '""'°'""tt" CERTIFICATE OF INSURANCE
This is to certify that the following policies, subject to the terms, conditions and exclusions have been issued by
this Company.
The Company will mail to the party to whom this Certificate is issued a record of any material change in or can-
cellation of said policy or policies but takes no responsibility for-tailuce to do so. -
NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED:
e
e
CITY OF DENTON
DENTON,
o TEXAS
AND ADDRESS OFyINS UR ED
DATE
ACME BRICK COMPANY
P. .O. Box 425, Fort Worth, Texas
I T YE OF
INSURANCE 8
POLICY NO.
WORKMEN'S
COMPENSATION EFFECTI
742RA0584 7-8-7C
PUBLIC
LIABILITY
'om rehensiv
542A75356 7-8-70
AUTOMOBILE
LIABILITY
ON
LIMITS OF LIABILITY
STATUTORY - In conformance with the Compensation Law of the State of:
-8-71 Texas
Each Person Each Occurrence A rKVYCK 1 T Dq MAGE
ggregate Each Occurrence Aggregate
7-8-7L 100,000. .300,000 .300,000 25,000 25,000
Each Person Each .~; ~»v°°x.>y~.:=,-
' >.......: `'Y's,'ix°..,.x:. Each a -:sn<..,„
This CERTIFICATE OF INSURANCE neither affirmatively or negatively amends, extends or alters the coverage
afforded by these policies.
Mfg. & Distribution of Clay Construction Products -Operations and all owned
and non-owned automobiles. Certificate issued in. connection with Maintenance
Agreement under Sec. III of Ordinance /{68-4 of The City of Denton.
CRAVENS & MPANy a ent ,
Dated Suly 7, 1970 ~~~C?ij~-~~~~~
ey
1 OT1 COI Kc.. s-es C,Im.d in 0. 5. A.