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2002-070o��CE No. aoo� -o �� AN ORDINANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT RELATED TO ENCROACHMENT ON EASEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS MUNICIPAL POWER AGENCY ("TMPA") RELATING TO THE LOCATION OF A CITY WATER PIPELINE WITHIN A TMPA ELECTRIC UTILITY EASEMENT LOCATED IN DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; 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 � day of (i�"" , 2002. �;��- /�� EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY l3`/ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, BY: � �� 'w� ��" �m�' �n �� ' �'� ��ono � �;� ��'��. ��i �`D��'�� .N:��N ,...,� � o� � �� " sas� o2�iz o;��2� LICENSE AGREEMENT RELATING TO ENCROACHMENT ON EASEMENT Date: February 5, 2002 File Code: T1302-D8 To: Frank G. Payne Engineering and Capital Projects Administrator City of Denton 601 E. Hickory, Suite B Denton, Texas 78205 Re Dear Sirs: Lake Ray Roberts 54 inch Pipeline Crossing TMPA North Denton-Denton Arco 138kV Electric Transmission Line (T1302-D8) 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") North Denton-Denton Arco 138 kV Power Line Easement, located in Denton County, Texas, for the construction of Lake Ray Roberts 54 inch Pipeline improvements crossing and encroaching on TMPA's 138 KV transmission line. TMPA is agreeable to the construction of the Lake Ray Roberts 54 inch Pipeline improvements 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: 1. It is understood and agreed that TMPA holds easement rights on 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 allowable by law, User agrees to defend, indemnify and hold TMPA, its officers, directors, agents, and employees harmless against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons that may arise out of or be occasioned by- any negligent act or omission of User in performing the work referred to above, its officers, agents, associates, employees, or sub- consultants; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of TMPA, its officers, agents, employees or separate contractors, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH THE USER AND TMPA, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH EACH PARTY'S PERCENTAGE OF RESPONSIBILITY, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY, INCLUDING ANY LIMITATION OF LIABILITY UNDER THE TEXAS TORT CLAIMS ACT, OR OTHER DEFENSES AVAILABLE TO THE PARTIES UNDER TEXAS LAW. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any person or entity. The obligation of User in this paragraph to defend and indemnify TMPA shall not be a debt of User within the meaning of Article 11, Section 5, Texas Constitution, and accordingly shall not be payable from taxes, but shall be payable solely from water or other utility system revenues. 2002ENCROACHMENT-Denton 54" Pipeline Page 1 of 4 SQS� 02413 3. Use of draglines 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 15 feet of the TMPA power lines situated on the aforesaid property. User must notify the Supervisor of Transmission, Tom Chambers, at (936) 873-1125 or (936) 225-8614 (cell phone), 48 hours prior to beginning construction or the use of any boom-type equipment on the TMPA easement. 4. It is expressly understood and agreed that if the property has transmission or distribution facilities located thereon, User shall not, except for the encroaching facility and construction signs in connection with the encroaching facility, 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. 5, It is agreed that no trash dumpsters, toxic substances or flammable material will be allowed on the easement. 6. 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. 7. Blasting is not permitted on the TMPA right of way. 8. 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. 9. 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 back filled as soon as practical. Backfill shall be thoroughly tamped. Water tamping shall not be permitted within this area. 10. The TMPA right of way shall be protected from washing and erosion by a method approved by TM PA. 11. Construction equipment and materials shall not be stored on the right of way during construction. 12. 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 thirty (30) days after TMPA provides written notice to 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. 13. All notices that are sent to the parties under this Agreement shall be sent to the following addresses: 2002ENCROACHMENT-Denton 54" Pipeline Page2af4 a � City of Denton Attn: Engineering and Capital Projects Administrator 601 E. Hickory, Suite B Denton, TX 78205 Texas Municipal Power Agency Attn: Land Supervisor P.O. Box 7000 Bryan, Texas 77805 5053 02414 If the foregoing terms and conditions are acceptable to the City of DPntonl 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. TEXAS MUNICIPAL 6�OW � AGENCY �µ � BY: � _..._.�. �� ...... T I T LE: � �'�� .�� DATE. � �� °°„ � .._ ON �"�� CITY OF DENT BY: r.� �� .�� .�� °� ,.��, ��w�..� �._ ..................� �� ,� � TITLE: �� ....�... 6Z DATE� g 2✓��......... �.... Yours very truly, � �e `�' �, � � �_. �� „ �' �� ° .....�� .��._.� I�-laa��r� Nelson Land Supervisor .■� 2002ENCROACHMENT-Denton 54" Pipeline Page 3 of 4 ,�,,s�,�,��V�4`�'�w� ��°°� �� i",F m;��s�� u �r°�� ,�� h°li �° ��a� ��-,,-� �::; ;,�,, , STATE OF TEXAS COUNTY OF GRIMES �053 OZ�IS This instrument was acknowledged before me on this �'�� .rr�� - .........��.. __, 2002, by Gary Parsons, the General Manager of the Texas Municipal Power Agency, a municipal corporation, on behalf of said corporation. � ��,�� w�� ,a �..,. ,� �.. �^�': ��r�+" �� WANDA M. CAU.AHAN �' °': MY COMMISSION EXPIRES . �� , �' M�h 24, 2003 �� STATE OF TEXAS COUNTY OF � � ►, � � rvr � � � �� r ,w �� '� ��;�� `��' - � ��.��, ��„�` .... � �� No��P�blic� t�te of Texas Y � p . .�w.w � ..... �..�.. �. �r�" �".,� Name (Printed or Typed) My Commission Expires: �-°� ��' ��' �_�.�:� This instrument was acknowledged before me on this _��..� , 2002, by D�r.O �-, «- , the /�ss�s�-.v� cr�1 �?A.��c�r� of the City of Denton, Texas, a municipal corporation, on behalf of said corporation. ��, .,�� ,. �� '�� LINDA HOLLEY � o � �� . �� Notary Public , , State of Texas ��'��,� ,:°;�,�� 1�y Comm. 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