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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.