2002-333ORDINANCE NO. a 0,o" 2✓~
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 SANITARY SEWER LINE
ACROSS AN EXISTING TMPA EASEMENT AS PART OF THE DEVELEOPMENT OF
LEXINGTON PARK PHASE 1 ADDITON, LOCATED WITHIN A TRACT OF LAND
SITUATED IN THE B. MERCHANT SURVEY ABSTRACT NUMBER 800, CITY OF
DENTON, DENTON COUNTY, TEXAS AND BEING A PORTION OF A CALLED 37.817
ACRE TRACT OF LAND DESCRIBED IN THE DEED FROM A.L. LONG AND WIFE,
ETHEL LONG TO HERSCHEL V. FORESTER RECORDED UNDER VOLUME 605 PAGE
621 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND ALSO BEING A
PORTION OF A CALLED 253.926 ACRE TRACT OF LAND DESCRIBED IN THE DEED
FROM WHEELER RANCH, LTD. TO CENTEX HOMES RECORDED BY COUNTY
CLERK FILE NUMBER 2002-R0073881 OF THE REAL PROPERTY 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
sanitary sewer line 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. ,2
PASSED AND APPROVED this the day of 2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFERq ~WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEG FORM:
HERBERT L. RWUTY TY ATTORNEY
BY:
LICENSE AGREEMENT RELATING TO
ENCROACHMENT ON EASEMENT
Date: September 20, 2002
File Code: T-16, D-36
Re: W. Denton-Corinth 138 W 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) W. Denton -
Corinth 138 W Power Line Easement, located in Denton County, Texas for a 15" Sanitary
Sewer Line crossing at the intersection of Teasley Road and Hickory Creek Road. Said
Sewer Line crosses the TMPA Easement on the E. side of FM 2181 (Teasley Road) S. of
the intersection.
TMPA is agreeable to the construction of the 15" Sewer 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.
2. 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.
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.
r
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.
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,
gubert Nelson
Manager, Land Department
ACCEPTED:
City of Den
e::~W ton
Michael A. Cond f
Title: City Manager
Date: October 15, 2002
Encroachment: W. Denton-Corinth
APPROVED AS TO FORM:
CITY ATTORNEY
CITY /OFFDENTON,TE S
(G
BY.
APPROVED:
Texas icipa Power Agency
By: Gary arsons
Title: General Manager
Date:
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