HomeMy WebLinkAboutRES 94-126 r
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Pipeline License
Agreement with Hardy Oil & Gas USA, Inc. The agreement is substantially in the form
attached hereto.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the .34,�e day
of , 1994.
- Mayor -
PIPELdNE LICENSE AGRIM'M1^
CITY OF BEAUMONT
THE STATE OF I EXAS:
COUNTY OF ON:
Business Name: Hardy Oil & Gas USA Inc. g phone: 713-951-7350
Business Address: 1600 Smith Street Suite 1 +00 Houston TX 77002
The City of Beaumont,hereinafter called "City",for and in consideration of the sum specified
herein
hereby grants to ardy Oil & Gas USA Inc.
hereinafter called " icensee", the license to lay. maintain,, operate,replace,or remove a pipeline for
the transportation c f oil, gas, water, or their products, on or across the following streets, alleys and
easements or other righ t-of way situated in The City of Beaumont, Jefferson County,Te=, to-wit:
Strmt Name or R.O.W. t'v Length (Linear F
Sherwood Drive 221
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COST OF t s :
Licensee s make payment to the City of Beaumont as follows:
o Licer se Agreement fee - $50000
o Annt al fee of$2.00 per linear foot of pipeline located within the City
right of-way. Said fee shall be reset on January 31,2001 and shall be
rmet csvcry ten (10) years, tbcreafter, to a level to be determined by
the City Council or their delegated representative.
o Street Cut and Barricading permit to work in the City right-of-way:
510, for permit, plus $5.00 per day for each location.
All fees, including the first annual fee for linear foot usage and Street Cut and
Barricading I lermit shall be made to the Engineering Division and payable to the City
of Beaumoni prior to airy construction.
This license is grant by The City of Beaumont subject to the following conditions:
GENERAL
o All p lines crossing public rights-of-way shall be bored from right-of- '
way 1 ne to right-of-way line. Within these limits,the pipeline shall be
prot ed by casing or other method approved by the City and/or the
Texm Department of Transportation.
o The lipeline shall be constructed in such a manner as approved by the
City d/or the Texas Department of Transportation so as it does not
interl ere with the use of the public streets and alleys.
o The 'peline- shall be- installed a minimum of five (S) feet below the
lowe.,t existing or proposed ditch grades, waterlines, sanitary sewer
lines r storm drainage lines, unless otherwise authorized by the City
and/c r Tcxas Departmcnt of Transportation.
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The construction and operation of the pipeline shall not interfere with
the i iatural druisiaga in that area nor with the drainage system of the
City, nor with sanitary sewer lines, waterlines, or other utilities.
Da age to existing ditch grade during construction or maintenance of
the ipeline shall be corrected and the ditch grade shall be restored
to t condition and grade at which it existed prior to construction or
mai enance.. Bore pits shall be backfilled according to City standards.
o E=vations necessary for the construction, repair,or maintenance of
the pipelie shall be performed in such a manner that wtll cause
min' n4l incvnvcnicuce to the public. Licc,wev shaU prumptly restore
the area to as good a condition as before working thereon and to the
reasc able satisfaction of the City's Engineering Division and/or the
Texas Department of Transportation.
o Ope ations along roadways shall be performed in such a manner that
all vated materials will be kept off the pavements at aU times, as
well vs. all operating equipment and materials_ All property where
oper ttions are performed will be restored to original condition or
better. No equipment or installation procedures will be used which
will age any road aurface or structures. The cost of any repairs to
road surface, roadbed, structures or other right-of-way features as a
resui L of this installation will be borne by the owner of this line.
a Bard des,warning signs and lights,and flagpersons shall be provided
by tI e contractor or owner when necessary. Only under extreme
circa nstances, as deemed necessary by the City Engineer, will open
cutt' g of a street nr rnadway he.allowed, All barrictading must be by
pe 't and approved by the City (Public Works Department) in
adva ce.
o Any construction which takes place in, on, under, above, or across
pro brty not owned by the City shall require additional permission by
the er(s) of the property involved. Approval of this license
a ment excludes permission to do any construction on property
whic is not owned by the City of Beaumont.
o Any icenses, pemits or agreements required by another government
enti (County, State or Fcdcral)shall be obtained and a copy of such
docu i nent shall be provided to the City.
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It a gTCement is not required by said government entity, then
d cntatiun regurdirng such will be provided to the City of
Bea mont.
o Liceuee shall provide copies of all necessary agreements to be
obta ned from other City Departments.
n Lice see:shall be responsible for acquiring all agreements necessary
for the lawful use of any private property.
o A map showing the location of the proposed pipeline shall be
pro led. (1" = 2000' City of Beaumont map or United States
Geological Survey Map)
o The pipeline shall be maintained and operated in such a manner as
not t 3 leak and/or cause damage to any City streets, alleys,easements
or nt ier property. Once.the pipeline is in operation, any damage that
occu to the pipeline which results in exposure or release of product
mus be reported immediately to the City Fire Department and Public
War s DepcutmenL Licensee shall fully cooperate with the Fire
Dep rtment and provide, or assist with providing, any and all
n a. notifications,evacuations or other necessary actions. Leaks
or o her defects are to be repaired immediately by Licensee at it's
own mg.
o The 'censee shall be responsible for any and all costs associated with
the -elocation of the Pipeline_ As Provided, the necessity for
reloc ition of the pipeline shall be solely within the discretion of City
and/,r the Texas Department of Transportation.
o Pem its which allow lines to be maintained or constructed in City
right of-way shall be obtained by Licensee or it's contractor prior to
beg'begir ning maintenance or construction. The fee for such permits is
in a "tion to this License Agreement fee. (see Cost of License)
Q Lice -see will notify the Engineering Divi.mn of the City of Beaumont
twen -four(24) hours in advance prior to the installation of the lines
per 'tted by this license.
o Installation will be done in accordance with an City standards and
statu es of the State of Texas.
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REQUIRED QM ZMAGE:
o licel see lice shall furnish the City with a Certificate of Standard Liability
Insut once,including bodily injuries and property damage.naming the
City of Beaumont as an Additional Insured. Such policy shall provide
for tl ie following minimum coverage:
o Bodily injuries: $ 300,000.00 per person,
$1,000,00000 per incident
o Property damage: $1,000,000 Q0
Such insurance shall be maintained in force and effect during the
cons ction or required maintenance of the pipeline and during the
life the pipeline.
Such certificate shall contain a provision that at least fifteen(15)days
written notice must be given to the City prior to cancellation,
altm lion, or modification of such insurance.
o Loicet see shall have in force with the City a surety-bond in the
princ pal amount of S m,ow W. The bond shall be payable to the
City 3f Beaumont for the use and benefit of any person entitled
there o and conditioned that the principal and surety will pay all
dam es to any person caused by,or arising from, or growing out of
any ola 'on of the terms of this agreement. The bond shall provide
that may not be cancelled, altered, or otherwise modified without
1 (15) days prior written notice to the City. The bond shall be
good and in effect for a period of one (1) year from the date of
complotion of construction of the pipeline.
o licer see shall indemnify, save and hold harmless The Uty of
Beau nont from any and all claims for injuries and damages to persons
or p operty occasioned by or arising out of the construction,
maini enance, operation, repair or removal of the pipeline. This
indet inity expressly extends to claims alleging negligence by the City
of Bi aumont, it's agents, officers or employees, arising from actions
taker or occurrences under this license agreement.
o If the pipeline or any part thereof installed by Licensee shall be in any
res damaged or injured by City or any of its agents or employees
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in cc nnection with the performance of any work or repairs that may
be d Lino upuu the streets, alleys, or easements mentioned herein,
Lice isee shall not be entitled to prosecute or maintain a claim against
The -Ity of Beaumont for any such damage or injuries so sustained by
it;hc wever,said conditions shall not prevent Licensee from recovering
Rgail st any contractor who shall damage Licensee's property in the
cour.,a of such contractor's performance of any contract with the City_
OTHER-CO LCUMMAINT ENANCE WITHIN R O W;
o City will use it's best efforts to notify Licensee of any prupubed
construction and/or maintenance, to be done by City forces or by
conti act for the City,within the R.O.W. involved with this license.
Notil ication, to Licensee, of other construction and or maintenance
perqUed by the City and within the R.O.W.involved with this license
Will a the responsibility of the company obtaining said permit.
Licet see shall mark the location of its lines within forty-eight (48)
hour, after receipt of such notification of proposed construction
Li see shall maintain a local, or toll fret, telephone number to be
call for notification of construction or maintenance and for location
of ' es. Such number,or changes to such number,will be provided
to ; City (Department of Public Works) and kept current at all
tim This number shall be provided to entities permitted to
cons uct, maintain or earaavate within this City R.O.W.and which are
req ' ed to provide notification of such work. When information has
been relayed to Licensee, through the phone number provided, such
contact shall constitute notification for Licensee to provide location
of its lines. Failure,by Licensee,to respond within the required time
frame shall alleviate the responsibility of the person(s) requiring the
lines o be located.
a City nerves the right to lay, and to permit to be laid, sewer, gas,
watei and other pipes and cables, and to do or permit to be done any
unde Ivound work that may be deemed to be necessary or proper by
City in, across, along, or under any of the streets, alleys and
easer ients, and to change any curb or sidewalk or the grade of any of
said Ireets. In doing or permitting any such work, the City of
Beau nont shall not be liable to Licensee for any damage occasioned;
it be tag understood that nothing herein shall be construed as
force using Liccnsee's rights to recover damages against ally Wutractur
or tb W party who may be responsible for damages to Licensee's
facili i M.
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o Whe ever by reason of the change in the grade of any street occupied
by ccnscO's pipeline or construction of a new strut of Lighw�ty
aloe or over said street, or by reason of the location or manner of
cons sting drainage structures, water pipes, gas pipes, sewers, or
othe underground construction for any purpose whatever, it shall be
dee ed necessary by City to relocate, alter, encase, change, adopt or
conf, rm the pipeline of Licensee thereto,such change shall be made
pro tly by Licensee at its cost and without claim for reimbursement
or ages against City. If the change is demanded by the City for
the nefit of any other person or private corporation,except the City
or t e Texas Department of Transportation, Licensee shall be
reiml Pursed fully by the person or corporation desiring or occasioning
such change for any expense arising Out of such change; provided,
however, should the change be requested by the Texas Department
of T ansportation or be required due to construction of a state or
fede 1 highway,Licensee will, upon notice from the City,make such
char a immediately and at its own cost;it being understood that City
will of participate in any part of the cost of any change involving
re tion,altering,encasing,boring,or changing in any manner of the
pipet ne where same is in a City street, alley, easement or other right-
of-W2 Y.
SPECIAL COND IT[ONS:
Nonassignable
This license' personal to the Licensee. It is nonassignable and any attempt to assign
this license v ill terminate the license privileges granted to Licensee hereunder.
This agreement is terminable by either party by giving written notice to the other
specifying th date of termination. Such notice shall be given not less than thirty(30)
days prior jb the termination date therein specified. Any notice to be given
hereunder b either.party to the other may be effected tither by personal delivery in
writing or reg istered or certified mail, postage prepaid with return receipt
requested. ail notices shall be addressed to the addresses of the parties as follows:
City f Beaumont Name of Licensee: Hardy Oil & Gas USA Inc.
P. O. Box 3827
Beaumont, Texas 77704 Address of Licensee: 1600 Smith St., Suite 1400
Attn: City Engineer City of Licensee: Houston, Texas 77002
Upon cancel l tion, the pipeline shall be removed and property restored to a condition
acceptable tc the City Engineer.
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Commence lent of work on the pipeline by Licensee after the date of this fully executed
license shall be consi reed as evidence of Licensee's acceptance and approval of the conditions above
set forth.
IN Vi TINESS WHEREOF, the City of Beaumont,Texas, has caused these presents
to be signed by its city Manager and the seal of the City to be herowith affixed by the City Clerk,
this day of .A.D. 19
CITY OF BEAUMONT, TEXAS
By
Ray A. Riley, City Manager
ATTEST;
Rosemarie Chiappel ta, city Clerk
APPLICANT'S COMPANY NAME:
(Licensee)
ardy Oil
& Gas USA c.
epresented by.
James M. Fitzpatrick
Title Vice-President - Land and Legal
ATTEST:
By: �C
Sect K.JACKSON
A ST. SECRETARY
PIPELINE Itevired 04-1896
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VICINITY MAP
SHERWOOD- DRIVE-
PIPELINE CROSSING