2001-005 ORDINANCE NO ~ ~)~)/-- ~ff-
AN ORDINANCE OF THE CITY OF DENTON APPROVING AN ENCROACHMENT ON
EASEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND THE TXU
ELECTRIC COMPANY, SUCCESSOR TO THE TEXAS POWER & LIGHT COMPANY
("TXU ELECTRIC") RELATING TO THE LOCATION OF A CITY WATER PIPELINE
WITHIN A TXU ELECTRIC UTILITY EASEMENT DESCRIBED IN THAT CERTAIN
EASEMENT RECORDED IN VOLUME 560, PAGE 602 OF THE DEED RECORDS OF
DENTON COUNTY, TEXAS NEAR WHERE SAID EASEMENT INTERSECTS WITH U S
HIGHWAY 377 WITHIN THE CITY OF DENTON, 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 h~s demgnee, is hereby authorized to execute a
Encroachment on Easement Agreement between the C~ty of Denton and the Texas Electric
Company in substantmlly the form of the Agreement which ~s attached to and made a part ofth~s
ordinance for all purposes, for the purpose of locating a City water p~pehne within a TXU
Electric utility easement as described there~n
SECTION 2 The City Manager is authorized to make the expenditures as set forth in the
attached Agreement
SECTION 3 Th~s ordinance shall become effective immediately upon ~ts passage and
approval
PASSED AND APPROVED thls the ~//t~__ dayof ~5~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
Al TO
BY t/ fi-
60 3000 N W Carrollton-Gainsville
TP&L E-145345
Request No 2004639
ENCROACHMENT ON EASEMENT
E-145345
Date October 3, 2000
Re Request No 2004639
N W Carrollton-Ga~nsvflle
Michael Jez
C~ty of Denton
221 N Elm
Denton, Texas 76201
Dear Mr Jez
The City of Denton (hereinafter referred to as User) has requested perm~ssion to construct, operate
and mmntmn a twenty tach water hne w~ttun the area or boundaries of TXU Electric Company's
(TXU Electric), successor to the Texas Power & L~ght Company, easement recorded m Volume 560,
Page 602, Deed Records of Denton County, Texas
TXU Electric ~s agreeable to the drmnage ~nlet, hereinafter referred to as the 'encroacbang facility',
ff 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 TXU Electric holds easement rights on the property mvolved,
therefore, User will be required to obtain whatever rights and permission, other than TXU
Electnc'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 TXU Electric under its easement
2 User shall defend, mdemmfy and hold harmless TXU Electric, its employees and agents fi.om
and against any and all claims, expenses, 0ncludlng 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 TXU Electric or its employees, arising out of or
incident to the presence, construction, operation and maintenance of the encroaching facility
3 Use of draghnes or other boom-type equipment m connection vath any work to be performed
ENCROACHMENT ON EASEMENT P,ige t
on the TXU Electric easement by User, ~ts employees, agents, representatives or contractors
must comply w~th Texas Statute (3TexC~v St 1436c), the National Electric Safety Code and
any other apphcable safety or clearance reqmrements Notwithstanding anytlung to the
contrary herein, m no event shall any eqmpment be w~thm fifteen feet of the TXU Electric
power lines s~tuated on the aforesaid property User must not~fy the Fort Worth Region
Transmission at (817) 496-2736, 48 hours prior to the use of any boom-type eqmpment on
the TXU Electric easement
4 The encroaclung fatality does not currently interfere w~th TXU Electnc's usage, but lfm the
future the encroacbang facility, m the sole judgment of TXU Electric, does anterfere w~th the
use or enjoyment of~ts easement rights, TXU Electric shall have the right to remove smd
encroaching facility TXU Electric shall not~fy User in writing that w~tban 90 days, the
encroachmg fac~hty must be removed at Users sole cost If at the end of the 90 day period
the encroaching facdlty has not been removed, TXU Electric shall remove ~t at User's
expense TXU Electric w~ll not be responsible nor wall compensation be paid for damages
~ncurred by such removal However, m an emergency, TXU Electric shall have the right to
immediately remove the encroachmg facihty If the encroaching facd~ty is removed, TXIJ
Electric will not unreasonably w~thhold consent for User to relocate the encroactung facthty
w~thm the easement
5 It is expressly understood and agreed that If the property has transmission or d~stnbut~on
facilities located thereon, User shall not place upon the premises, any Improvements
~nclud~ng but not limited to, braidings, hght standards, fences, shrubs, trees or signs unless
approved ~n writing by TXU Electric
6 It Is agreed that no trash dumpsters, tome substances or flammable material will be allowed
on the easement
7 TXU Electric will not be responsible for any costs of construction, operation and
mmntenance of User's encroaching facd~ty It ~s further agreed that TXU Electric shall not
be hable for any damage to the encroaching facd~ty herein agreed to as a result of TXU
Electnc's use pursuant to its easement Any TXU Electric property damaged or destroyed
by User or its agents shall be repaired or replaced by TXU Electric at User's expense and
payment is due upon User's receipt of an lnvmce from TXU Electric
8 General construction hmitatlons on encroachments are described and hsted ~n Exhibit "B",
attached hereto and by reference made a part hereof
9 It ~s understood and agreed that, ~n case of default by User or ~ts agents in any of the terms
10 and condat~ons hereto stated and such default continues for a period of ten (10) days after
TXU Electric notffies User of such default, TXU Electric may at its elect~on forthwith
terminate th~s agreement and upon such termination all of User's rights hereunder shall cease
and come to an end Th~s agreement shall also terminate upon the abandonment of the
encroaching facility
If the forogomg terms and condmons are acceptable to the Cdy of Denton, please have the original
and a copy ofth~s letter agreement s~gned and returned to me at 300 S St Paul, Suite 301, Dallas,
Texas 75201, w~thm 30 days for final approval by TXU Electric Tlus letter agreement shall be
effect~vo only after final approval by TXU Electric
Yours Truly,
Shannon D Gray
R~ght of Way Agent/,,/
t~M~cl~ael Jez / - ~
C~ty Manag7
,2oo /
APPROVED
BY
Denms Tucker
Manager of Fort Worth Transmission
DATE ,2000
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Dennis Tucker,
Fort Worth Transmission Manager of TXU Electric Company, known to me to be the person
whose name is subscribed to the foregoing Instrument and acknowledged to me that he executed
the same as the act and deed of the smd TXU Electric Company, and for the purposes and
considerat~on therein expressed and In the capacity therein stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE, th~s
day of ,2000
Notary Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned authomy, A Notary Public in and for said County and
State on this day personally appeared, M~ehael Jez, City of Denton, C~ty Manager known to me
to be the person and officer whose name ~s subscribed to the foregoing ~nstrument and
acknowledged to me that he/she executed the same as the act and deed of said City of Denton
and for the purposes and consideration therein expressed and in the capacity therezn stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
C7~~-t~ dayof ~ ,200~/
Acknowl~lgment