2003-021ORDINANCE NO. c~,~- t~ /
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 SANITARY SEWER LINE AND
A DOUBLE BOX CULVERT ACROSS AN EXISTING TMPA EASEMENT AS PART OF
THE SOUTHERN HILLS MEDICAL PLAZA IMPROVEMENTS 8-INCH SANITARY
SEWER LINE AND 7' BY 4' DOUBLE BOX CULVERT, LOCATED WITHIN THE TRACT
OF LAND SITUATED IN THE JOSEPH WHITE SURVEY ABSTRACT NUMBER 1433,
CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING A PORTION OF A CALLED
243.185 ACRE TRACT OF LAND DESCRIBED IN THE DEED BEING RECORDED IN
VOLUME 3245 PAGE 699 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS.
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 purposes, for the purpose of locating a City
water pipeline 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 ~/~g~ day of ~W
EULINE BROCK, MAYOR
This ordinance shall become effective immediately upon its passage and
,2003.
ATTEST:
JENNIFER WALTERS, CItY SECRETARY
BY: e~/~'~"~//'7~ '-
LICENSE AGREEMENT RELATING TO
ENCROACHMENT ON EASEMENT
Date: December 6, 2002
File Code: T-08, D-12
Re: Denton Steam-Corinth 138 kV Transmission Line
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) Denton
Steam -Corinth 138 kV Power Line Easement, located in Denton County, Texas for an
8" Sanitary Sewer Line crossing near Colorado Blvd. at tower 3/2 and a 7'x4' double
box culvert extension into the easement approximately 55' N. of Brinker Rd.
TMPA is agreeable to the construction of the 8" Sewer Line and Box Culvert
hereinafter referred to 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 employees and agents from and against any and all claims, expenses,
(including attorney fees), damages, losses and judgments whether for bodily
injury or damage to property whether or not arising from the sole or concurrent
negligence or fault of TMPA or its employees, arising out of or incident to the
presence, construction, operation and maintenance of the encroaching facility.
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 the Supervisor of
Transmission, Tom Chambers, at (936) 873-1125 or (936) 873-2013, 48 hours
prior to the use of any boom-type equipment on the TMPA easement.
10.
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 not unreasonably withhold consent for User to relocate the encroaching
facility within the easement.
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. Except
when pipe or underground facilities are installed, 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 shall be effective only after final
approval by TMPA.
Yours very truly,
Land Supervisor
ACCEPTED:
City of Denton
Title: City' Manager
Date: January 21, 2003
APPROVED:
Texas Municipal Power Agency
By: Gary ~a~ssons
Title: General Manager
Date:
Encroachment: Denton Steam - Corinth
APPROVED AS TO FORM:
CITY ATTORN~(~
BY: '~ ~'-
3
EXHIBIT
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11
WASTEWATER DISCHARGE CALCULATIONS
DALLY FLOW RATE
WASTEWATER
FLOW PATRONS
DAILY
WASTEWATER
FLOW
(GPD)
85. 000
VICINITY MAP'. · ~
- -- ~---~./~x. IB- "^'
EXISTING 70' TE: .~/~'
I
// ..' . ~-
,~~ ,,. PRELIMINARY
vo~R & SEWER LAYOUT
...o~.,,~ - As~rrEcT~o.v~oOUTHERN HILLS
' I~: ' l'°"' 3 ~o~ ,~4EDICAL PLAZA
..... ....... =- ....... ~ .... __~ ..... ...................... ~ ..... ;.000 ACRES OF LAND LOCA~'ED IN' THE
........... :~ITE SURVEY, A~STRAC~ No. 1433,
i I )F DENTON, DENTON COD'NTY, ~'EXA$.
SHEET 2 OF 4