2001-004 O INANCENO gPO/'" 00 .
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXE-
CUTE A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COM-
PANY FOR A SANITARY SEWER PIPELINE LOCATED AT MILE POST 725 98, CHOC-
TAW SUBDIVISION, TOWN OF ARGYLE, DENTON COUNTY, TEXAS, AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTiVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The City Manager or hls demgnee ~s hereby authorized to execute a P~pellne
Crossing Agreement w,th Umon Pacific Railroad Company for a sanitary sewer p~pehne located
at mile post 725 98, Choctaw Subdivision, Town of Argyle, Denton County, Texas which ~s at-
tached hereto and incorporated by reference herem (the "Agreement")
SECTION 2 The expenditure of funds as prowded ~n the Agreement ~s hereby author-
~zed
SECTION 3 Thru ord, nance shall become effecnve ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED tins the (2% ~_~L day of ~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
AS
S \Our Do hne Crossing-milo post 725 98 doc
PL X 940206
Form Approved, AVP-Law
Fnlder No 1942-16
PIPELINE CROSSING
Mile Post 725 98, Choctaw Subthwston
Locatton Denton, Denton County, Texas
THIS AGREEMENT is nlado and entered into as of December 13, 2000, by and between UNION
PACIFIC RAILROAD COMPANY, a Delaware corporatmn (heroma~er the "Licensor"), and
DENTON, CITY OF, a Texas mumclpal corporatton, whoso address ~s C~ty Hall West, 221 North Elm,
Denton, Texas 76201 (bemmaflor tho "Lw~nsee')
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
Arhcle I. LICENSE FEE
Upon exeeut~on of fins Agreeraez~ *the L~eensee shall pay to the L~eensor a one-tnne heense fee of
TWO THOUSAND DOLLARS ($2,000.00)
Arhcle II. LICENSOR GRANTS RIGHT
In conmderaUun of tho L~ceose Fee to be prod by the Licensee and m further constderaUon of the
covenants and agreements hereto contained to bo by the hcensee kept, observed and performed, the
L~eensor hereby ~rants to the L~eensee tho right to construct and thereaRer, during the term hereof, to
lnamtam altd operate only a
15 7" sanitary sewer p~pelme crossing (hereinafter the "P~pelme")
m the loca~on shown and m confomuty v~th thc dunens~ons and specifications mchcated on the attached
print dated December 12, 2000, marked Exhblt A Under no arcumstanees shall L~censee mo&fy the use
of the Plpehne for a purpose otber than the above-mentioned, and said Pipeline shall not bo used for any
other use, whether such uso is currently teehnologlcally possible, or whether such uso may come rote
eXlStenee during the hfe of fins A~reement
Arhde IlL CONSTRUCTION, MAINTENANCE AND OPERATION
The grant of right before made to the Lleensee is subject to each and all of the terms, prows~ons,
condmons, lmutattons and covenants set forth berem and tn Exlub~t B, hereto a~ached
Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR.
If a contractor is to do uny of tho work pefl'onned on the Pipeline (including untml constructwn and
subsequent rolocatton or substanUal maintenance and repmr work), then the L~censeo shall reqmre ~ts
contractor to ex.ute th~ Rmlroad's form Contractors Paght of Entry Agreement Licensee acknowledges
receipt of a copy of thc Contractor's Paght of Entry Agreement and understanding of its terms, prov~s~ons,
and reqmrements, and wdl reform its contractor of tho need to ~te the Agreement Under no
arcumstanccs vail Lwens~o's contractor be allowed onto Lwcnsor's prcnuscs wthout first executing the
Contractor's lhght of Entry Agreement
ArUcle V INSURANCE.
The L~censce, at ~ts own sole cost and expense, shall provide to thc L~censor a CcrUficate of
Insurance, ~dentffymg Folder No 1942-16, ~ssued by its insurance career, ccmfymg to tho effccUveness of
msurunce as follows
a) Gon~ml Pubhc Lmblhty pwwdmg boihly injury und property damage coverage vath combined
single hnut of at least $1,000,000 each occurrence, a portton of wluch may be serf-insured v~th the
consent and approval of thc L~censor The L~ccnsee will also prowde to the L~censor a Cerfit~cate
of Insurance issued by ~ts insurance career confimung the existence of such insurance und that the
pohcy or pohc~cs contain the following endorsement
UNION PACIFIC RAILROAD COMPANY is named as un ad&t~onal insured wth respect to all
habtht~esunsm$ out of the existence, use or uny work performed on or assocmted w~th the P~pehnc
located on Rmlroad right of way at 1~lo Post 725 98 at or near Denton, DenWn County, Texas
b) Such msurunce shall be endorsed to pwwde contractoral habdlty assumed by the L~ceascc under
this Agreement, and that coverage shall not be cancelled or changed w~thout g~wng flurty (30)
days' prior wntten not~ce to tho Licensor
c) If tho Lwens~ named m flus Agreement ~s a pubhc entity subject to any apphcablc statutory tort
laws, the lmuts of insurance described above shall be the hnuts the L~censc~ then has m effect or
wluch ~s reqmred by apphcatble current or subsequent law, wluchever ~s greater, a port, on of
wluch may be sel/gmsured w~th tho consent and approval of the L~censor
d) All insurance correspondence shall be &rccted to Folder No 1942-16, Umon Paafic Radroad
Company, Real Estate Department, 1800 Famam Street, Omaha, NE 68102
Article VI. TERM
Tins Agreement shall take effect ns of thc date first hereto written und shall continue m full force
and effect untd terminated as hereto provided
Article VII. AMENDMENT OF EXHIBIT B
S~tions 7 CO) and 10 of Exlab~t B, hereto attached are hereby amended to read as follows
Section 7CO) m ad&tion to other mdemnlty prov~sioas m tlus agreement, the Licensee shall
mdemmfy and hold hannless the Licensor from and against all costs, liability and expense whatsoever
0ncludm~ vathout Imuta~on, attorney's fees, court costs and expcimes) arising out of any act or onusswn
of the Licensee, agents and/or employees, that causes or contributes to (1) any damage to
or destruction of any telceommumcations system on Licensor's property, and (2) any injury to or death of
any person employed by or on behalf of any ~lecommumeations company and/or its contractor, agents
and/or employees, on Licensor's property Licensee shall not have or seek recourse against L~censor for
any claim or cause of action by alleged loss of profits or revenue or loss of serwce or other consequential
damage to a t~lecommumcation company using Licensor's property or a customer or user of scnaoes of the
fiber optic cable on Llce~sor's property
Section 10 INDEMNITY
As used m tlus Sec~on, "Licensor' includes other radroad companies using th~ L~¢ensor's properly
at or near the location oftl~ Llcemee's installation and their officers, agent and employees, "Loss"
includes loss, damage, chums, demands, actions, causes of action, penalties, costs and expenses of
whatsoever nature, moluchr~ court costs and attorney's fees whch may result from, (a) injury to or death
of porsoas whomsoever (including tim Licensor's officers, agents and employees, the Licensee's officers,
agents and employees, as well as any other person), and Co) damage to or loss or destruction of property
whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of
the Licensor, or property m its care or custody)
As a major inducement and m consideration of the license and perrmsswn hereto granted, the
Licensee agr~s, to the ext~nt pernutied by law, to mdemmfy and hold harmless tho Licensor from any Loss
which is due to or arises from
1 The prosecution of any work contemplated by this Agreement including the installation,
construction, maintenance, repmr, renewal, mo&ficauon, reconstmcuon, relocation, or
removal of the Pipeline or any part thereof, or
2, Tho presenoe, operation or use of the Pipeline or contents escaping therefrom, except to the
extant that the Loss is caused by the sole and rl,rect n~ghgence of the Lwensor
IN WITNESS WHEREOF, ~ho pamos hereto have caused flus Agreement to be executed as of the
dato first heroin wntton
UNION PACIFIC RAILROAD COMPANY
[ J Contracts RepresentaUve
DENTON, CITY OF
APPROVED AS TO FOR~,3 /
CITY A'FI'ORN]~
NOU-~?-~O~ 13 03 ENO & TRANS 94~ 349 8J76 P ~J
PLACE ARROW INDICATING NORTH L., FORM OR-040~--8
OIRECTION RELATIVE TO CROSSI",,?,, a,~/ REV S-
ENCASED NON-FLA BLE
f- PIPELINE CROSSING
'~ ~ ~ .... ~ -
FT, (, s~ ~:. ) ~T 431S ?yin' OVER 22
m ~ / ~ ,-- NOT~ THIS CHAN 1S ONbY
A) IS PIPELINE CROSSING WITHIN DEDICATED STREET ? YES, X .0, EXHI~T
D) OISTR[flU/[ON LINE OR TRANSMISSION LINK
~C) CARRIER PIPE UN[ON PACIFIC RAILROAD CO
El CASING PIPE
NOTE .CASING MUST HAV~ 2 CLEARANCE BETWEEN GREATK$T INCASED ~/~l,~ CROSSINO AT
OUTS[DE DIAMETER OF CARRIER ~IPE ANO INTERIOR DIAMETER OF
CASINO P(PE WHEN FURN[SHINO DIMENSIONS, OIVE OUTSIDE OF ~~ f ~
X OEY 80Ri ANO JACK (WIT gORE NOT PERMITTED) ~
, OT~ER RR FILE NO ~ DATEI~'I~'[eO~
G) W[LL CONSTRUCTJ0N BE BY AN OUTSIDE CONTRACT0~ ~
H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORIN~ AND w A R ~ I m O
JACKING P[TS WHEN MEASURED AT R]GHT ANGLES TO TRACK
WORK TO 9[ PERFORMED , TICKET NO ~ ~T2~ ~
NOU 27 2008 13 e2 940 349 8376 PRGE 03
PLX 950112
Fo~m A~.~wd,
Section I LIMITATION AND SUBORDINATION OF RIGHTS GRANTED
a) The foregoing grant of right is subject mid subordinate to the prior and continuing right and obligation of the
Licensor to use and ma~nta~ntts entire propertyincludtng the right and power of t~e Licensor to consh'uct, maintah~ repair,
renew, use, operate, change, rnod~ or relocate railroad tracks, signal, communlccflion, fiber optics, or othor wirellnes,
pipelines and other facilities upon. along or across any or oil ports of its property, all or any of which may be f~eely done
at any time or times by tho Licensor without liabill~ to the Lk~emee or to any other pm-ty for compensation or domages
b) The foregoing grm~t is also subject to all outstanding superior fights (L~cluding those in favor of ltcomees and
lessees of the licensor's property. ~md others) and tho right of the Licensor to renew ctnd emend the sm'ne, and is made
without c.ove~ant of titlo or for quiet enjoyment.
Section 2 ~ONST~U~TIO~. I~JNTENAN~E AND OPEI~ATION
a) Th~ l~pelL~e afoul b~ com~ruc~x~ op~rm~ rn~n~dr~ repoire~ renew~c~ modred and/or recomtru~md by
th~ ~ ~n s~lot oor~y w~h Ur~on ]~l~ ]~ ~o ~ommon $~mcl~ Sl:mciflcc~ion 10~9 adopted Nowmb~r
1949, ~md ~1 inner, nm thar~of ond suppl~menm ~reto, which b~ ~ reference ~s M~r~by m~de a pm~ h~reof, em:ept
m nmy be rnod~xi ~md oppro~md by ~he L~mor~ Vice Presid~nt-Sr~neertno Services In ~ ~wn~ such Speci~m~on
cordlk-ts in,my r~p~ct vdth ~e r~m~ms of m~¥ f~r~ sta~e or munteip~l ~ or r~mton, such r~men~s sh~l
~ovem on ~11 po~n~ o! ,'onfl~ bm ~n ~11 o~h~r r~sp~'~s ~ Sp~ctflc~on sholl ~pply
b) All work per~rmed mi property of t~e ~ in connection with the constn~ction, ma~tenance, rel~zir, renewa~
mod~icat~n or reaonstruction of the Pipeline shall be done to tile sat~factton of t~e Licensor
c) Prior to the commencement of any work in connection with the construction, maintenance, repah', renewal,
modificat~n, relocation, reconstntction or removal of the Pipelfne wl~re it passes ur~ern~ath the roadbed and track or
tracks of t~e Licensor, tl~ Licensee shall submit to the Licensor pkms setting out the method ond manner of ha~4!!,~g the
work, including the shoring and cribbing, fi m~, required to protect the Licensor's operations, and shall not proceed with
tl~e work unt~ such ~ ~ beer~ ~ b~ the V~e l:~m~ider~-Engtneerlng Sel~lces of t~e Licensor and then t~e work
shall be done to tbe,scttisfaction of the Vice President-Engineering Services or bis authorized representat~e The Licensor
shall have the right, if it so elects, to provide such support as it may deem necesaa~ for the safety of its track or tracks
during the tL. ne of ~onstl'uction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the
Pipeline, and. in ~ everd the licensor provtdee such auppo~ t~e Licensee shall pay to the Licensor, witl-~n fifteen (15) days
after ~ shall b:tw been rtmdered therefor, all expense L. lcurred by the Licensor in connection therewith, which expense
shall include all assignable costs
d) ~ Ltcensee shall k~ep and mcdntain the soft owr the Pipeline thoroughly compacted and the grade even with
the adjacent surface of the ground
Section 3 NOTICE OF COMME~C'I~v~I~ OF WOR]~
I! an emergency should arise requktng immediate attention, the Licensee shall provide as much notice as
pro~ttcable to Llcer~o~ before commen~g ml~work. In ali ot~er situations, the Licensee s~ll nott/y the Licensor ~lt least
ten (10) days (or su0h other time as the Licensor may allow) in ~dvance of the commencement of cmy work upon property
of the Licensor in connection with the const~'uctlon, maintenance, repair, renewu], modification, reconstntction, relocation
or removal of the Pipeline A~l such work shall be prosecuted diligently to completion.
Section 4 L~"~I SI~ TO BF~J~t ~ ~ISE
TI~ Licensee shall bern' the entire cost ond expense incurred in connection with the constrt.tct~on, maintenance
repair and renewal and any m~l all modification, revision, relocation, removal or reconstruction of the Pipeline, including
any ~ all expense which may be incurred by the Licer~or in connection therewith for supervisior~ inspection, flagging,
or otherw~e
p~.exb P~ 1 o/'4 £xfub~t B
PL X 9gO 112
l~e*m ~,.,...~d. A%T-L~w
Section ~ ~R~. ~ON OR
a) ~ ~ ~ ~,~ s~ ~ ~ ~ ~ ~men~ of ~ Mcemor ~ ~ o~on of i~ ~d
~ ~ ~ ~
~, or ~
~e of i~ ~ ~ ~mn~, ~ ~emor s~ ~ s~h ac~on ~ess~ or ~s~le
m ~ c~ or
~n 6 NO ~~ ~ ~R'S OPtiON
~ ~pe~
co~ ~ ~ ~ ~es, m~ m~ ~ ~ o~ ~ s~h m~r ~ to c~e ~ ~tedem~e
~r~
~hon 7 p~ON OF
a) ~r op~ c~
~ of e~eme ~ a~e ~ ~ co~ ~t se~e ~ ~em ~s~ ~ ~ss ~te~n ~ ~ss of
~ ~ ~fl~, ~ ~ ~k~ ~ ~emor ~ 1 ~91~ (a ~-~= n~r) ~ ~te~ ff ~r op~
c~le ~ b~
tel~o~o~ com~a) ~ ~ for a ~ ~r, ~ ~mn~ for m~n or o~r
p~ ~ ~
p~on or ~n
~t ~ ~,
~ out of or
~~~~t~ ~, co~
corn ~ ~o~ ~en~~,
~ ~ ~~ o~~~,
of ~ ~~, ~ i~, ag~ ~o~
~~~ ag~t ~r ~or ~ c~
or c~ o~~~u~ ~.to a
teleco com~
~ ~
~t ~t ~ s~er
work do~ or
~e~ ~ ~ ~ss ~ Mce~or ~t ~ ~m ~ ~ ~ ~, cl~, ~, c~ ~ e~es of
~r ~
on ~ ~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~nt ~p~e or ~ co~ ~ pl~
~n s~ p~, or on ~o~t of
p~ ~n pm~ of ~ Mce~or m com~ ~ ~ en~ ~ of s~h p~
plx.exb Pa~ 2 ~'4 E~dub~t B
PLX980112
Fm~a Apt~ovM, AVP-L~w
Section 9 P~STOI~ATION OF LICENSOR'S PI~OI~RTY
In the ev~m~ tho ~r ~s ~ ~em~ ~ ~ ~ ~ fete of ~ ~comor or ~ ~y ~r m~
or ~b ~ of ~ o~r p~ of ~ ~emor ~ co~on ~ b com~m m~e, M~,
~ ~~ ~ or ~ ~ ~ ~, ~n ~ ~ ~nt ~ ~e~ s~ ~ s~n m ~8s~e
s~h fete ~ ~n do~ or 8~h obr p~ ~ or ~ ~ b ~om~ a~ ~e~ ~ ~
~.~ess ~ ~cemor, i~ office~, agen~ ~ erupts, ~t ~ ~m ~y ~ ~ ~, ~sa, ~es, c~,
~, ~a ~ ~s ~ ~r ~, ~ ~ cosa ~ ~' f~s, w~ch m~ ms~t ~m
~ or ~ of ~ ~r, or d~ ~ or ~ss or ~a~on of p~ w~r, w~n s~h ~, ~
~, bs ~ ~ ~ out of or ~ ~m ~ ~ ~ of ~y fete or b m~ or ~e of ~
obr p~ of b ~emor
a~, ~~~~.~r b) ~ag~
or o~~~ ~ p~ ~ ~ ~
b) ~ ~ ~s~n ~ ~ .... ~em~ a~s
2 p~se~, o~ or ~ of ~ ~ or con~n~ oo~ ~
~on 11 ~OV~ OF ~ ~ ~N ~A~ON OF A~
~r ~ b ~n of ~ ~nt ~r, b ~ s~ ~ ~om~% ~ e~e.
m~ b ~b ~m ~8e ~ of b ~ ~t ~ ~ b ~ ~ ~ck or ~ch of b ~e~or
~ s~ ms~, ~ b s~n of b ~e~r, s~h ~ of a~ pm~ ~ ~ g~ a co~n ~
~ ~ en~ cost ~ e~e of ~ ~e~. M~ b ~ of b ~b ~ ~ iM ~ ~
~kor ~ ~8~ ~ ~ g~ a co~nm it ~ ~ ~ b ~ of b co~n of ~ ~b,
or it m~ ~t ~ ~ce~ ~ ~ o~h ~rk of M~ ~ Ms~n ~ b s~f~n of ~ ~ce~or ~ b ~nt
of ~~b~of~of ~ ~e~ ~ of b ~s~nof b ~ ~ P~ ~ ~
p~ b ~ce~ s~ ~ ~ ~r ~ ~ ~ b ~eM~ for ~ ~e s~ ~ b ~o~ for or on
~ ~ ~ s~ ~ ~ ~~ ~ ~ ~r pM~ ~ ~ ~ gght of ~on for d~es,
or o~e, ~ b ~o~= ~ ~ ~t b ~om~
~on 12
~ ~r ~ b ~ce~or of ~ ~ch of ~ corem c~t or a~nt ~ con~ ~ ~ ~pt
obse~ ~ ~go~ ~ b ~e~ s~ ~ ~ ~ ~ b ~ht of b ~ce~or ~ ~ t~e] of ~ ~y for
plx.~b P~. 3 at~4 Exi~bfl B
EXHIBIT "B'
CONSTRUCTION LIMITATIIONS
ON
TXU ELECTRIC COMPANY RIGHT-OF-WAY
1 Blasting shall not be permitted on the right-of-way or under TXU Electric hnes
2 Grading wall be done m order to leave the right-of-way ~n as near as possible to ~ts
present condition Spoil d~rt wall be removed from the right-of-way and no trash ~s to
be left on the right-of-way Slopes shall be graded so that trucks can access the right-
of-way when required and such that slopes can be mechanically mmntalned
3 Grading alignments and elevataons are based on drawangs submitted to TXU Electric
Any change ~n ahgnment or elevation wall be resubmitted for approval whmh wall not
unreasonably be wathheld
4 Equipment shall not exceed 15" feet in height when operated under the electric hnes
5 Draghnes will not be used under the electric hnes or on the right-of-way
6 No grading shall be done wathm 25" feet of any tower
7 Pdght-of-way will be protected from washing and erosion dunng User's constructxon
and dunng periods of repmrs
8 No obstruction w~ll be ~nstalled ~n the right-of-way that would ~nterfere with access to
the TXU Electric structures or prevent mechanical mmntenance of TXU Electric
right-of-way
9 Eqmpment and materials will not be stored on the right-of-way during construction
w~thout the written approval of the Supervisor of Dallas Region Transmission as
noted ~n the Encroachment on Easement
10 We must have room to access hnes We wall not be responsible for damage to
masonry or any other type offence on parking areas whde accessing hnes
11 TXU reserves the rights for future use ofth~s right of way including ingress and
egress, constructing, reconstructing, remowng, relocating, ma~ntmmng, operating, etc
any required transmiss~on and/or distribution faclht~es at no cost to TXU
PLX980112
Form A~,-~-~d. AViS-Law
Section 13 ~
a) If the Ltcemee does not ~e the right herein granted or the Pipeline for one (1) yeor, or It the ~c®m~ c~s
in default in ~ performance of ~ covenant or agreement herein contaim~ for a period of thirty (30) ~ offer written
notice from the Licensor to the Licensee specifldng such default, the Llcenaor ma~, at its option, forthwith immediately
terminate this Agreement bl~ written notice
b) In addition to the provtalom o~ subparoomph a) above, tl~ Agreement may be terminated by written notice ~n
bl~ either party hereto to ~ other on ~ date in such notice stated, not less, i,~owever, than tidrty (30) days subsequent to
the date upon wl~ich such notice shall be given.
c) Notice of default arid notice of termination m~ be served personall~ upon the Licensee or by rp,~i~t,,g to the last
known address of the Licensee Termination of tl~ Agreement for any reason shall not ~ffect any of the rights or
obligations of the IX~rties ~ereto v~lch may ~ a~ccruo~ or liabilities, accrued or otherwise, wl~lch may hove arden prior
Section 14 A~C~T NOT TO
TI~ Licensee slla]l not ~zssl~n this Agmeme~ in whole or in part, or any rights herein grcmie~ without the written
consent of the Lioenaor, ond it is agreed that any transfer or assignment or attempted transfer or assignment of this
Agreement ol'~ c~ the rights herein gronted, wl~etl'ler volunta~, b~ operation of law, or otl~rwtse, without such consent
in writing, shall be abaolutel~ void and, at the option of the Licensor, shall terminate this Agreement
Section 15 SUC(~.~,~OR.~ AND ASSIGNS
Subject to tl~e ~.,~,¥1stona c~ Section 14 llereof, ti, ds Agreement shall be binding upon ond in~ to ~ ~flt of ~
parties hereto, their heirs, executors, administrators, successors arid assigns
plx.~x~ 1~ 4 of 4 Ex~lxt B