2000-265AN ORDiNANCE OF THE CITY OF DENTON APPROVING A LICENSE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE TEXAS MUNICIPAL POWER AGENCY
("TMPA") RELATING TO THE LOCATION OF A CITY WATER PIPELINE WITHIN A
TMPA UTILITY EASEMENT DESCRIBED IN THAT CERTAIN EASEMENT RECORDED
IN VOLUME 1141, PAGES 128-131 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 Caty Manager, or has designee, is hereby anthonzed to execute a
L~cense Agreement between the City of Denton and the Texas Mumclpal Power Agency an
substantmlly the form of the Agreement whach as attached to and made a part of thas orthnance
for all pm'poses, for the purpose of locating a City water p~pelme within a TMPA utility
easement as described thereto
SECTION 2 The C~ty Manager as anthonzed to make the expenditures as set forth an the
attached Contract
SECTION 3 Thas ordanance shall become effective ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED this the /~'-~ dayof ~ ,2000
EUL1NE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
P OVED AS TO LEOAL
LICENSE AGREEMENT RELATING TO
ENCROACHMENT ON EASEMENT
Date June 26. 2000
Fde Code T1602, D 8
Re City of Denton
20 Inch Water L~ne Crosmn~ j
Dear S~r
or Licensee
The C~ty of Denton (hereinafter referred to as User'has requested permission to use the
area within the boundaries of Texas Mumclpal Power Agency's ("TMPA")*138 KV Power
L~ne Easement, located ~n Denton County, Texas, for a 20 inch water line crossing
TMPA's 138 KV transmmsmn line, W Denton Corinth
TMPA ~s agreeable to the construction of the underground 20 inch water hne hereinafter
referred to as the "encroaching facility", if the encroaching facility ~s located and
described as shown on the attached drawing, marked Exhibit "A" and incorporated
here~n, and subject to the following terms and conditions
1 It ~s understood and agreed that TMPA holds easement mghts on the property
involved, therefore, User wdl be required to obtmn whatever rights and
perm~smon, other than TMPA's, that are necessary This letter agreement shall
extend to and be binding upon User and ~ts he~rs, successors, and assigns, and ~s
not to be ~nterpreted as a waiver of any mghts held by TMPA under its easement
2 To the extent allowed by Texas law, User agrees to defend, ~ndemmfy and hold
TMPA, its officers, agents, and employees, harmless against any and all claims,
lawsuits, losses, damages, judgments, costs and expenses for personal injury
Onclud~ng death), property damage or other harm for which recovery of damages
~s sought, suffered by any person or persons, that may ar~se out of or be
occasioned by any neghgent act or om~smon of User, ~ts officers, agents,
associates, employees, or ~ndependent contractors, ~n the use, operabon or
maintenance of the porbon of the 20" water p~pehne facdlbes occupying the
property under th~s L~cense, except that the ~ndemmty prowded for ~n thru
paragraph shall not apply to any habdlty resulbng from the neghgence of
Lmensor tts officers, agents, employees, or independent contractors, and in the
event of joint and concurrent neghgence of both L~censee, Licensee's construction
contractor and L~censor, respons~bd~ty and ~ndemn~ty, ~f any, shall be apporhoned
~n accordance w~th the laws of the State of Texas, w~thout, however, waiving any
governmental immunity available to the User under Texas law and without wmwng
any defenses of the parties under Texas law The prows~ons of this paragraph are
solely for the benefit of the parbes hereto and not ~ntended to create or grant any
mghts, contractual or otherwise, to any other person or enhty
3 Use of draghnes or other boom type equipment ~n connection w~th any work to be
performed on the TMPA easement by User, its 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 anything to the contrary herein, ~n no event shall
any equipment be within 15 feet of the TMPA power hnes situated on the
aforesaid property User must notify the Superwsor 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 If ~n the future the encroaching facd~ty, ~n the sole judgment of TMPA, does
~nterfere w~th the use or enjoyment of ~ts easement rights, TMPA shall have the
r~ght to remove said encroaching facd~ty TMPA shall notify User in writing that,
within 90 days, the encroaching facd~ty must be removed at User's sole cost If at
the end of the 90 day period the encroaching facility has not been removed, TMPA
shall remove ~t at User's expense TMPA wdl not be responsible nor
compensation be paid for damages incurred by such removal However, ~n an
emergency, TMPA shall have the r~ght to immed~ately remove the encroaching
facdlty If the encroaching facd~ty is removed, TMPA wdl not withhold consent for
User to relocate the encroaching facd~ty w~th~n the easement
5 It is expressly understood and agreed that if the property has transmission or
d~strlbutlon facdlt~es located thereon, User shall not place upon the premises, any
improvements ~nclud~ng but not hm~ted to, budding, light standards, fences,
shrubs, trees or s~gns unless approved in writing by TMPA
6 It ~s agreed that no trash dumpsters, toxic substances or flammable mater~al
be allowed on the easement
7 TMPA wdl not be responsible for any costs of construction, operation and
maintenance of User's encroaching facdlty It ~s 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 ~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 is due upon User's receipt of an invoice from TMPA
8 Blasting ~s not permitted on the TMPA r~ght of way
9 Grading shall be done ~n order to leave the r~ght of way m 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 right of way when
required to maintain TMPA's facd~t~es
10 Shoring shall be required where approved excavation ~s within 10 feet of a
structure and shall extend 20 feet each side of the centerhne of the structure
Shoring shall be sufficient to withstand the added load of the structure and ~ts
footing D~tches shall not be left open for extended per~ods of time Except when
pipe or underground facd~bes are ~nstalled, shonng shall be removed and d~tches
properly backfllled as soon as pracbcal Backfill shall be thoroughly tamped
Water tamping shall not be permitted within th~s area
11 The TMPA mght 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, in case of default by User or ~ts agents in any of
the terms and condlbons herein stated and such default conbnues for a pemod of
ten (10) days after TMPA nobfles User of such default, TMPA may at ~ts elecbon
forthwEh terminate thru agreement and upon such term,nabon 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 foregoing terms and cond~bons are acceptable to the City of Denton, please have
the original and a copy of thru letter agreement mgned 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 Thru letter agreement shall be effecbve only after final approval by
TMPA
Yours ,very truly,
l-rul~ert Nelson '
Land Supervisor
jgC//,jT ED /"/ APPROVED
,~ / TEXAS MUNIOIPAL POWER AGENCY
By Michael W J~z By
Title City Manager, City of Denton Title ~6a_~y P~ar~_o~_s ....
Date Date
HN/wmc
ENCROACHMENTDENTON
EXHIBIT "A"
lof2
/
LOCAI'IONS
END
PROJECT
POWER LINE EASEMENT I SHEET 1 OF' 1
GENERAL LOCATION MAP iSHEET
5/2,,~/00 1~. 51 POWER