CM-08-10-246MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is by and between the City of
Round Rock, Texas (the "City"), and Oncor Electric Delivery Company LLC ("Oncor").
RECITALS
WHEREAS, Oncor has an easement ("Easement") for an electric transmission
and distribution line across a parcel of City owned land known as Old Settlers Park;
WHEREAS, The City has constructed various improvements in and around the
Easement, including baseball fields, storage sheds, and parking lots;
WHEREAS, The City and Oncor wish to foster a safe environment for
employees as well as the general public;
WHEREAS, The parties acknowledge that the terms and conditions listed herein
are not legally binding against either party, but merely serve as an outline of the duties
and responsibilities of each party; and
NOW THEREFORE, based on the following terms and conditions, the City, and
Oncor agree as follows.
ARTICLE I.
GENERAL PROVISIONS
General Purpose
The purpose of this Memorandum of Understanding is to advance a set of
guidelines for the safe operation of Oncor's high power transmission lines located on the
Easement.
ARTICLE II.
CONSTRUCTION LIMITATIONS ON ONCOR RIGHT OF WAY
1. The City will advise its employees, representatives, agents, and contractors,
who enter the easement that they will be working in the vicinity of high
voltage electrical facilities and should take proper precautions, included but
not limited to the following stipulations and in compliance, at all times, with
Chapter 752, V.T.C.A., Health & Safety Code.
2. Blasting is not permitted on the Easement.
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3. Grading will be done in order to leave the Easement as near as possible to
present condition. Spoil dirt will be removed from the Easement and no trash
is to be left on the Easement. Slopes shall be graded so that trucks can go
down the right-of-way when required and such that the slopes can be
mechanically maintained.
4. Street or road crossings are to be based on drawings submitted. Any change
in alignment or elevation will be resubmitted for approval.
5. Equipment shall not be placed within fifteen (15) feet of the power poles.
6. Any pre -approved fencing will not exceed eight (8) feet in height, and if metal
in nature, will be grounded, at ten (10) feet intervals, with an appropriate
driven ground. Gates should be at least sixteen (16) feet in width to allow
Oncor access to the Easement.
7. No dumpsters will be placed on the Easement.
8. Draglines will not be used on the Easement.
9. No obstruction shall be installed on the Easement that would interfere with
access to Oncor structures or prevent mechanical maintenance.
10. No hazardous materials will be stored on the Easement.
11. For purpose of this document, "Hazardous Materials" means and includes
those substances, including, without limitation, asbestos -containing material
containing more than one percent (1%) asbestos by weight, or the group of
organic compounds known as polychlorinated biphenyls, flammable
explosives, radioactive materials, chemicals known to cause cancer or
reproductive toxicity and includes any items included in the definition of
hazardous or toxic waste, materials or substances under any Hazardous
Material Law. "Hazardous Material Laws" collectively means and includes
any present and future local, state and federal law relating to the environment
and environmental conditions including, without limitation, the Resource
Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. §6901 et seg.,
the Comprehensive Environmental Response, Compensation and Liability Act
of 1980, ("CERCLA"), 42 U.S.C. §§9601-9657, as amended by the Superfund
Amendments and Reauthorization Act of 1986 ("SARA"), the Hazardous
Material Transportation Act, 49 U.S.C. §6901 et sec ., the Federal Water
Pollution Control Act, 33 U.S.C. §1251, et sqg., the Clean Air Act, 42 U.S.C.
§741 et seg., the Clean Water Act, 33 U.S.C. §7401 et seq., the Toxic
Substances Control Act, 15 U.S.C. §§2601-2629, the Safe Drinking Water
Act, 42 U.S.C. §§300f -330j, and all the regulations, orders, and decrees now
or hereafter promulgated there under.
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12. Brush and cut timber will not be piled or stacked on the Easement or will not
be burned upon or in close proximity to the conductors or towers.
13. Curbed barriers are to be installed and maintained around all transmission
structures on the Easement.
ARTICLE III.
IDENTIFICATION OF ANY NEW STRUCTURES WITHIN THE ONCOR
RIGHT OF WAY
The City agrees that before the construction of any improvements on the
Easement it will notify Oncor in writing and provide detailed plans of the improvements.
The City will also consider any safety concerns Oncor might have regarding the planned
improvements.
ARTICLE IV
COOPERATION
The Parties each agree to cooperate with each other as may be reasonably
necessary to carry out the intent of this Memorandum of Understanding.
ARTICLE V
LEGAL EFFECT OF MOU
This MOU is intended to provide an outline for the acceptable activities in and
around the Easement, and is not intended to legally bind the parties to the terms and
conditions stated herein. The parties, however, agree that the terms and conditions stated
herein are reasonable and provide an outline for future actions by the boards, councils
and commissions of the parties.
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City of Round Rock, Texas
By:
Printed N. '� ► • GS R N l,(SE R• E
Title:
Date Signed: 12.10.
Attest:
By:
Sara L. White, City Secretary
For City, • proved as to$Form:
Step an L. Sheets, City Attorney
By:
Oncor Electric Delivery Company LLC
By:
Printed Name:
Title:
Date:
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DATE:
September 22, 2008
SUBJECT: City Manager Approval - October 3, 2008
ITEM: Consider executing a Memorandum of Understanding with Oncor
Electric Delivery Company LLC regarding an electric transmission
and distribution line easement located at Old Settlers Park.
Department:
Staff Person:
Justification:
Parks and Recreation Department
Rick Atkins
David Buzzell, RLA, ASLA
An electric transmission and distribution line easement
runs through the north section of Old Settlers Park
(Baseball/Softball Complex area). Due to the construction
of the Sports Complex Improvements Project, Oncor and
the City are completing a MOU to foster a safe
environment in and around the easement for the sports
complex users and citizens.
Funding: $0.00
Cost:
Source of funds:
$0.00
2007 C.O. Bonds & 2008 General Self
Finance Construction
Outside Resources: Oncor Electric Delivery Company LLC
Background Information: The Project: Sports Capital of Texas Plan was
developed in 2004 to plan for the necessary
upgrades to our existing sports complexes, at
Old Settlers Park at Palm Valley, to make them
top notch recreational and tourism facilities.