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2001-056 ORD CE NO 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 SEWER 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, TEXAS HEREBY ORDAINS SECTION 1 The City Manager, or his designee, ns hereby authorized to execute a a L~cense Agreement Related to Encroachment on Easement between the C~ty of Denton and the Texas Mummpal Power Agency ("TMPA') m substantxally the form of the Agreement wNch ns attached to and made a part of tNs ordinance for all purposes, for the purpose of locating a C~ty sewer p~pchne w~thm a TMPA Electric utility easement as described thereto SECTION 2 The City Manager ~s authorized to make the expenditures as set forth ~n the attached Agreement SECTION 3 TNs ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED this the _~gg~ day of ~ , 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY ip]~; ,~rT 0 IfEGATL~ HEi~~RNEY BY '~ ~ LICENSE AGREEMENT RELATING TO ENCROACHMENT ON EASEMENT Date January 9, 2001 F~le Code T1602, D 16 Re C~t~/of Denton 36 Inch Sewer L~ne Crossing Dear S~r The C~ty of Denton (hereinafter referred to as User or Licensee) has requested permms~on to use the area w~th~n the boundaries of Texas Mumc~pal Power Agency's ("TMPA" or L~censor) 138 KV Power L~ne Easement, located ~n Denton County, Texas, for a 36 ~nch sewer line crossing TMPA's 138 KV transmission hne, W Denton Corinth TMPA is agreeable to the construction of the underground 36 tach sewer line hereinafter referred to as the "encroaching faclhty", ~f the encroaching faclhty ~s located and described as shown on the attached drawing, marked Exhibit "A" and ~ncorporated here~n, and subject to the following terms and cond~hons 1 It is understood and agreed that TMPA holds easement rights on the property ~nvolved, therefore, User w~ll be required to obtain whatever rights and perm~ssmn, other than TMPA's, that are necessary Th~s letter agreement shall extend to and be binding upon User and its he~rs, successors, and assigns, and ~s not to be ~nterpreted as a waiver of any rights held byTMPA under ~ts easement 2 To the extent allowed by Texas law, User agrees to defend, ~ndemmfy and hold TMPA, ~ts officers, agents, and employees, harmless against any and all claims, lawsuits, losses, damages, judgments, costs and expenses for personal ~njury (includ~ng 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 neghgent act or omission of User, its ofhcers, agents, associates, employees, or independent contractors, ~n the use, operation or maintenance of the portion of the 36" sewer hne fac~hhes occupying the property under th~s L~cense, except that the ~ndemmty provided for ~n this paragraph shall not apply to any hab~hty resulting from the negligence of Licensee, ~ts officers, agents, employees, or ~ndependent contractors, and m the event of joint and concurrent negligence of both L~censee, Lmensee's construction contractor and Lic~nsor, respons~b~hty and indemmty, ~f any, shall be apporhoned ~n accordance w~th the laws of the State of Texas, without, however, walwng any governmental ~mmumty available to the User under Texas law and w~thout waiving any defenses of the partms under Texas law The prows~ons of this paragraph are solely for the benefit of the partms hereto and not intended to create or grant any r~ghts, contractual or otherwme, to any other person or enhty Use of draghnes or other boom type equipment ~n connection w~th any work to be performed on the TMPA easement by User, ~ts employees, agents, representatives or contractors must comply w~th Chapter 752, Texas Health and Safety Code, the National Electrical Safety Code and any other apphcable safety or clearance requirements Notwithstanding anyth~n§ to the contrary hereto, ~n no event shall any equipment be w~thm 15 feet of the TMPA power hnes s~tuated on the aforesaid property User must not~fy the Superwsor of Transmission, Tom Chambers, at (936) 873 1125 or (936) 225 8614 (cell phone), 48 hours prior to beg~nmng construction or the use of any boom type equipment on the TMPA easement If ~n the future the encroaching facd~ty, ~n the sole jud§ment of TMPA, does ~nterfere w~th the use or enjoyment of ~ts easement r~ghts, TMPA shall have the r~ght to remove sa~d encroaching facd~ty TMPA shall not~fy User ~n writing that, w~th~n 90 days, the encroaching facd~ty must be removed at User's sole cost If at the end of the 90 day per~od the encroaching facd~ty has not been removed, TMPA shall remove ~t at User's expense TMPA wdl not be responsible nor wdl compensation be pa~d for damages ~ncurred by such removal However, m an emergency, TMPA shall have the r~ght to ~mmed~ately remove the encroaching facd~ty If the encroaching facd~ty ~s removed, TMPA wdl not w~thhold consent for User to relocate the encroaching facd~ty w~th~n the easement It ~s expressly understood and agreed that ~f the property has transmission or distribution faclhtles located thereon, User shall not place upon the premises, any ~mprovements ~nclud~ng but not hm~ted to, budding, hght standards, fences, shrubs, trees or s~gns unless approved ~n writing by TMPA It ~s agreed that no trash dumpsters, toxic substances or flammable mater~al be allowed on the easement TMPA will not be responsible for any costs of construction, operation and maintenance of User's encroaching facd~ty It ~s further agreed that TMPA shall not be hable for any damage to the encroaching facd~ty here~n agreed to as a result of TMPA's use pursuant to ~ts easement Any TMPA property damaged or destroyed by User or ~ts agents shall be repaired or replaced by TMPA at User's expense and payment ~s due upon User's receipt of an ~nvo~ce from TMPA Blasting ~s not permitted on the TMPA r~ght of way Grading shall be done ~n order to leave the r~ght of way ~n as near as possible to present condition Spod d~rt and all trash shall be removed from the r~ght of way Slopes shall be graded so that TMPA vehicles may transit the r~ght of way when required to maintain TMPA's fac~ht~es Shoring shall be required where approved excavation ~s within 10 feet of a structure and shall extend 20 feet each s~de of the centerhne of the structure Shoring shall be sufficient to w~thstand the added load of the structure and ~ts footing D~tches shall not be left open for extended per~ods of time Except when p~pe or underground facilities are ~nstalled, shoring shall be removed and d~tches properly backfllled as soon as pracbcal Backfill shall be thoroughly tamped Water tamping shall not be permitted w~th~n th~s 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, ~n case of default by User or its agents in any of the terms and cond~bons herein stated and such default continues for a per~od of ten (10) days after TMPA nobfles User of such default, TMPA may at ~ts election forthwith terminate th~s agreement and upon such termination all of User's r~ghts hereunder shall cease and come to an end Th~s agreement shall also terminate upon the abandonment of the encroaching facd~ty If the foregoing terms and conditions are acceptable to the City of Denton, please have the original and a copy of th~s letter agreement signed and returned to me at Texas Mumc~pal Power Agency, P 0 Box 7000, Bryan, Texas 77805 w~th~n 30 days for final approval by TMPA Th~s letter agreement shall be effective only after final approval by TMPA Yours very truly, Hubert Nelson Land Superwsor ACCEPTED APPROVED CITY OF DENTON TEXAS MUNICIPAL POWER AGENCY By .~.~ ~a ~ Gary Parsons T~tle t.v Ha ge Title General Manager Date February 6, 2001 Date APPROVED AS TO FORM,// CiTY ATFORN~ HN/wmc CiTY OF O!~h, TF~ / ENCROACHMENTDENTONSEWER JAN-08-~001 11 14 ENG & TRANS 940 349 837G P 04 EXHIBIT "A" GRAVEYARD BRANCH SANITARY SEWER ;i~ PROJECT SITE MAP