2005-206SAOur Documents\Ordinances\05\UNT ROW Use and Encroachment Ordinance.doc
ORDINANCE NO. 200,6-- ZOro
AN ORDINANCE APPROVING A RIGHT-OF-WAY USE AND ENCROCHMENT
AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH
TEXAS TO ALLOW BORING UNDER EXISTING CITY PUBLIC UTILITY EASEMENTS
AND PUBLIC RIGHT-OF-WAY THAT WILL ACCOMMODATE THE INSTALLATION OF
ELECTRIC FACILITIES BETWEEN UNT PROPERTIES LOCATED ON THE EAST AND
WEST SIDES OF BONNIE BRAE STREET; AND DECLARING AN EFFECTIVE DATE
THEREOF.
WHEREAS, the City of Denton has received a request from UNT for the installation of
electric facilities under existing City Public Utility Easements and Public Right of Way pursuant
to a Right-of-Way Use and Encroachment Agreement, a copy of which is attached to this
ordinance (the "Agreement'); and
WHEREAS, the Development Review Committee of the City of Denton, Texas reviewed
the requested construction project and recommended approval; and
WHEREAS, the Council of the City of Denton, Texas has found and determined that the
Agreement is in the public interest; and NOW THEREFORE:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The Agreement is hereby approved and the City Manager or his designee
is hereby authorized to execute the Agreement on behalf of the City of Denton.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this 2 Z day of Q~- 2005.
Cum
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 7
Page 1
S:\Our Documents\Ordinances\05\UNT ROW Use and Encroachment Ordinance.doc
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER INTERIM CITY ATTORNEY
BY:
Page 2
RIGHT-OF-WAY USE AND ENCROACHMENT AGREEMENT
. THIS AGREEMENT is entered into effective as of the date set forth below by and between
the City of Denton, Texas, a home rule municipal corporation (the "City") and the University of
North Texas, Texas State University ("UNT").
WHEREAS, UNT, has requested permission to bore under Bonnie Brae street right-of-way
and a City public utility easement (the "City Right-of-Way") for the installation of underground
electric utility lines and appurtenances (the "Electric Facilities") between UNT property on the east
and west sides of Bonnie Brae with such boring being at the bore location shown on the drawing
attached hereto and made a part hereof by reference as Exhibit "A" (the "Encroachment Area"); and
WHEREAS, The City of Denton, Texas ("City") hereby grants permission for UNT to locate,
maintain and repair the Electric Facilities within the Encroachment Area, subject to the following
terms and conditions:
1. The Electric Facilities shall be constructed in such a manner as not to interfere with the City's
use of the City Right-of-Way and shall be limited to and constructed only in accordance with the
plans, and specifications that are approved in advance in writing by the City ("Plans and
Specifications"). When referring to the Electric Facilities within this agreement such term shall mean
the Electric Facilities constructed in accordance with the Plans and Specifications. The construction
method shall be by boring underneath the street surface and electric easement at a minimum depth
approved by the City, which depth will be shown on the Plans and Specifications. The City reserves
the right to limit and/or to require specific construction methods within the Encroachment Area.
These limitations or construction methods shall be included in the construction plans and
specifications for any work performed within the Encroachment Area. In addition, UNT shall
provide adequate inspection and coordination with the City to insure the contractor adheres to these
items during construction.
2. The Electric Facilities are subordinate to the City's use of the City Right-of-Way, including
without limitation, utilities and street improvements located now or in the future within the
Encroachment Area. In the event the City repairs, expands, or adds to its facilities within the
Encroachment Area, and in the City's sole opinion it is necessary that the Electric Facilities be
modified, removed or relocated, in whole or in part, to accommodate such repairs, expansion or
addition, UNT shall, at its sole cost, modify, remove or relocate the Electric Facilities, as directed by
the City, no later than 120 days after City gives UNT written notice.
3. To the extent permitted by law, UNT shall defend, indemnify and hold harmless the City, its
employees and agents from and against any and all claims, expenses, (including attorney fees),
damages, losses and judgments arising out of or incident to the presence, construction, operation and
maintenance of the Electric Facilities. In addition, UNT shall require that its contractor provide and
maintain throughout the installation of the Electric Utilities, general liability insurance in an amount
equal to at least $500,000 per occurrence, naming the City of Denton, its officers and employees as
additional insureds. Prior to commencing any work within the Encroachment Area UNT shall deliver
to the City an insurance certificate evidencing such insurance which certificate will be in a form
approved by the City, and shall provide that the insurance may not be cancelled or modified until the
City has been given at least 30 days advance written notice of cancellation or modification. Such
certificate shall also provide a waiver of subrogation in favor of the City, its officers and employees.
4. UNT and its contractor will prevent construction equipment from damaging existing City
facilities or public utilities located within the Encroachment Area and adjacent areas.
5. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed
on or in the Encroachment Area. i
6. The City will not be responsible for any costs of construction, operation and maintenance of
UNT Electric Facilities. It is further agreed that the City shall not be liable for any damage to the
Electric Facilities as a result of the City's use of the City Right-of-Way. If any City property is
damaged or destroyed by UNT or its agents it may be repaired or replaced by the City at UNT
expense and payment is due upon UNT's receipt of an invoice from the City.
Blasting is not permitted on the Encroachment Area or adjacent areas.
8. Because the Electric Facilities will be installed by boring within the Encroachment Area, the
surface should not be disturbed. However, should the surface be disturbed UNT will cause the
surface to be restored to the condition it was in prior to the installation of the Electric Utilities. Spoil
dirt and all trash shall be removed.
9. The Encroachment Area and City Right-of-Way shall be protected from washing and erosion
by a method approved by the City.
10. Construction equipment and materials shall not be stored on the Encroachment Area.
11. It is understood and agreed that, in case of default by UNT or its contractors or agents in any
of the terms and conditions herein stated and such default continues for a period of ten (10) days
after the City notifies UNT of such default, the City may at its election forthwith terminate this
Agreement and upon such termination all of UNT's rights hereunder shall cease and come to an end.
This agreement shall also terminate upon the abandonment of the Electric Facilities.
12. This agreement shall be construed under the laws of the State of Texas and is fully
performable in Denton County, Texas.
Dated to be effective as of the2O4day of Obc&v 2005 (the "Effective Date").
CITY OF DENTON, TEXAS
Page 2
BY: /
MICHAEL A CO ND
CITY MANAGER
215 E. McKinney
Denton, Texas 76201
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO FORM:
CITY ATTORNEY
BY:
UNIVERSITY OF NORTH TEXAS
BY: ,"a
Name:
Title:
APPROVED AS FORM:
BY:
ACKNOWLEDGEMENT
Page 3
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on o* ,2005 by Michael A. Conduff,
City Manager of the City of Denton, Texas, on beh f of s ch municipality.
Clip 6,6c4atd&n>
NotaYy Public in and for the State of Texas
My Commission Expires: 'e)6 a -1 o--
..+::""~:;~y JANE E. RICHARDSON
Notary Public, State of Texas
My Commission Expires
June 27, 2oov
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on [1'~QT 2005 by Pk; ~ DI & Q.( ,
the VP ~br Fin• for the University of North Texas, on behalf of the University of North
Texas. 6"'. 44-paif-5
A&M~
Notary Public in and for the State of Texas
My Commission Expires: ID /30 W7
NEHA VORA
Notary Public. State of Texas
.;~,I ar" as
My Commission Expires
December Jo, 2007
Page 4
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