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