2004-003S:\Our Documents\Ordinances\03\TMPA Encroachment. DOC
AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT
BETWEEN THE TEXAS MUNICIPAL POWER AGENCY ("TMPA"), AND THE CITY OF
DENTON RELATING TO THE ENCROACHMENT OF A ELECTRICAL LINE, A PORTION
OF RIGHT-OF-WAY AND A STORM DRAIN ACROSS AN EXISTING TMPA EASEMENT
AS PART OF THE NORTH POINTE PHASE 3 IMPROVEMENTS, LOCATED WITHIN
TWO TRACTS OF LAND SITUATED IN THE T. TOBY SURVEY ABSTRACT NUMBER
1288, CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING A PORTION OF A
CALLED 102.9 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO NICOSIA & 77,
L.P. RECORDED IN VOLUME 5144 PAGE 1032 OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS AND ALSO BEING A POTION OF A THE REMAINDER OF TRACT 1
DESCRIBED IN THE DEED TO LOCUST / 288 PARTNERS, LTD., RECORDED BY
COUNTY CLERK FILE NLrMBER 99-0R0025993 OF THE REAL PROPERTY RECORDS
OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Section 1. The City Manager, or his designee, is hereby authorized to execute a License
Agreement Related to Encroachment on Easement between the City of Denton and the Texas
Municipal Power Agency ("TMPA") in substantially the form of the Agreement which is
attached to and made a part of this ordinance for all proposes, for the purpose of locating a
electrical line, right-of-way and storm drain within a TMPA Electric utility easement as
described therein.
Section 2. The City Manager is authorized to make the expenditures as set forth in the
attached Agreement.
Section 3.
approval.
PASSED AND APPROVED this the f~
This ordinance shall become effective immediately upon its passage and
.... day of ~'7~,~ ~ , 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNII~ER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL F~).p,M:
HERBERT L. PR Y, CIT. Y'~ATTORNEY
LICENSE AGREEMENT RELATING TO
ENCROACHMENT ON EASEMENT
Date: November 11, 2003
File Code: T15, D36
Re: North Pointe Phase 3 Encroachments on the West Denton-North Denton T15-
D36 138 KV Transmission Line Easement.
Dear Sir:
The City of Denton (hereinafter referred to as User) has requested permission to
use the area within the boundaries of Texas Municipal Power Agency's (TMPA)
West Denton-North 138 kV Power Line Easement, located at pole number 10/8 in
Denton County, Texas, for a portion of a street (Beall Street), a drainage easement
for a storm drain outfall, and a public utility easement for a City of Denton electrical
line.
TMPA is agreeable to the construction of the foregoing Street, Drainage and
electrical improvements referred to collectively as the "encroaching facility", if the
encroaching facility is located and described as shown on the attached drawing,
marked Exhibit "A" and incorporated herein, and subject to the following terms and
conditions:
It is understood and agreed that TMPA holds easement rights on or owns the
property involved; therefore, User will be required to obtain whatever rights
and permission, other than TMPA's, that are necessary. This letter
agreement shall extend to and be binding upon User and its heirs,
successors, and assigns, and is not to be interpreted as a waiver of any
rights held by TMPA under its easement.
To the extent permitted by law, user shall defend, indemnify and hold
harmless TMPA, its Officers, Directors, Employees and Agents from and
against any and all claims, expenses, (including attorney fees), damages,
losses and judgments whether for bodily injury including death or damage to
property, arising out of or incident to the presence, construction, operation
and maintenance of the encroaching facility.
o
Use of dragline or other boom-type equipment in connection with any work
to be performed on the TMPA easement by User, its employees, agents,
representatives or contractors must comply with Chapter 752, Texas Health
and Safety Code, the National Electrical Safety Code and any other
applicable safety or clearance requirements. Notwithstanding anything to
the contrary herein, in no event shall any equipment be within fifteen feet of
the TMPA power line situated on the aforesaid property. User must notify
10.
the Supervisor of Transmission, Tom Chambers, at (936) 873-1125 or (936)
87342013, 48 hours prior to the use of any boom-type equipment on the
TMPA easement.
If in the future the encroaching facility, in the sole judgment of TMPA, does
interfere with the use or enjoyment of its easement rights, TMPA shall have
the right to remove said encroaching facility. TMPA shall notify User in
writing that, within 90 days, the encroaching facility must be removed at
User's sole cost. If at the end of the 90 day period the encroaching facility
has not been removed, TMPA shall remove it at User's expense. TMPA will
not be responsible nor will compensation be paid for damages incurred by
such removal. However, in an emergency, TMPA shall have the right to
immediately remove the encroaching facility. If the encroaching facility is
removed, TMPA will allow a suitable space for the relocation of the
encroaching facility within the TMPA easement, if practical.
It is expressly understood and agreed that if the property has transmission or
distribution facilities located thereon, User shall not place upon the premises,
any improvements including but not limited to, building, light standards,
fences, shrubs, trees or signs unless approved in writing by TMPA.
It is agreed that no trash dumpsters, toxic substances or flammable material
will be allowed on the easement.
TMPA will not be responsible for any costs of construction, operation and
maintenance of User's encroaching facility. It is further agreed that TMPA
shall not be liable for any damage to the encroaching facility herein agreed to
as a result of TMPA's use pursuant to its easement. Any TMPA property
damaged or destroyed by User or its agents shall be repaired or replaced by
TMPA at User's expense and payment is due upon User's receipt of an
invoice from TMPA.
Blasting is not permitted on the TMPA right of way.
Grading shall be done in order to leave the right of way in as near as possible
to present condition. Spoil dirt and all trash shall be removed from the right
of way. Slopes shall be graded so that TMPA vehicles may transit the right
of way when required to maintain TMPA's facilities.
Shoring shall be required where approved excavation is within 10 feet of a
structure and shall extend 20 feet each side of the centerline of the
structure. Shoring shall be sufficient to withstand the added load of the
structure and its footing. Ditches shall not be left open for extended periods
of time. Shoring shall be removed and ditches properly backfilled as soon as
practical. Backfill shall be thoroughly tamped. Water tamping shall not be
permitted within this area.
11.
The TMPA right of way shall be protected from washing and erosion by a
method approved by TMPA.
12.
Construction equipment and materials shall not be stored on the right
of way during construction.
13.
It is understood and agreed that, in case of default by User or its
agents in any of the terms and conditions herein stated and such
default continues for a period of ten (10) days after TMPA notifies
User of such default, TMPA may at its election forthwith terminate
this agreement and upon such termination all of User's rights
hereunder shall cease and come to an end. This agreement shall also
terminate upon the abandonment of the encroaching facility.
If the foregoing terms and conditions are acceptable to The City of Denton,
please have the original and a copy of this letter agreement signed and
returned to me at Texas Municipal Power Agency, P.O. Box 7000, Bryan,
Texas 77805 within 30 days for final approval by TMPA. This letter
agreement shali be effective only after final approval by TMPAo
Yours very truly,
Hubert Nelson
Land Supervisor
ACCEPTED:
City of Denton
Agency~_.--~
Michael A. Cond~f.~
Title: City Manager
Encroachment: Denton Steam- Corinth
APPROVED:
Texas~ Muni~cipal Power
Title: General Manager
Date:
APPROVED AS IO FORM~
CITYA O
BY:. - ~ - ~