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2002-310ORDINANCE NO. 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 CITY WATER PIPELINE ACROSS AN EXISTING TMPA EASEMENT AS PART OF THE CITY OF DENTON LOOP 288 42-INCH AND 36-INCH WATER TRANSMISSION PIPELINE PROJECT, LOCATED WITHIN A TRACT OF LAND SITUATED IN THE T. TOBY SURVEY ABSTRACT NUMBER 1288, CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING A PART OF THE 110.257 ACRES DESCRIBED IN THE DEED FROM TERI TAYLOR COMPANIES, INC. TO VANDALAR PARTNERS RECORDED UNDER CLERK'S FILE NUMBER 93- R0094497 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; 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 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. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /7!:n day of 2002. EULINE BROCK, MAYOR ATTEST: JE R WALTERS, 1ITY SECRETARY BY: AP 1~ OVEtT(Y~/0;TY LEG FORM: JAL HERBERT ATTORNEY BY: LICENSE AGREEMENT RELATING TO ENCROACHMENT ON EASEMENT Date: July 18, 2002 File Code: T-13, D-4 Re: N. Denton-Denton Arco 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) N. Denton - Denton Arco 138 kV Power Line Easement, located in Denton County, Texas for a 42"/36" treated water pipeline crossing. Said Water Line crosses the TMPA Easement on the N. side of Loop 288 approximately 1,700 feet West of FM 2164. TMPA is agreeable to the construction of the 42"/36" Water Line 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. 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. 3. 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. 4. 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. 5. 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. 6. It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed on the easement. 7. 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. 8. Blasting is not permitted on the TMPA right of way. 9. 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. 10. 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. r~ 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, Hubert Nelson Manager, Land Department ACCEPTED: APPROVED: City of ton Texas Municipal Power Agency By: By: Michael o d f ary P rsons Title: City Manager Title: General Manager Date: September 17, 2002 Date: Encroachment: N. Denton - Denton Arco APPROVED CITY ATTOF CITY OF_DE 3 RoRnl OC) ® o aooa 8000- I RAY ROBERTS LAKE 1 NORMAL P00L £LEVATION 632.6' axe 4 n 161 1 3 BVRGEH_ n n a fiH ARO ~Iw V ~ ~ l N T PHI DENTON POP 66.270, vn~ "N LOCATION MAP OAF. PO