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HomeMy WebLinkAboutRES 05-021 RESOLUTION NO. 05-021 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute a pipeline license agreement with Mission Resources Corporation to cross Helbig Road and Piney Point Lane. The agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of January, 2005. Ma r velyn M. Lord - s Jan 19 05 10: 34a PUBLIC WORKS ENGINEERING 409-880-3732 P. 3 a CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: MISSION RESOURCES CORPORATION Business Phone: 495-3000 Business Address: 1331 LATN'AR, SUITE 1455, HOUSTON TEXAS 77010-3039 The City of Beaumont, hereinafter called"City", for and in consideration of the sum specified herein hereby grants to hereinafter called"Licensee", the license to lay,maintain, operate,replace,or remove a pipeline for the transportation of oil, gas,water, or their products, on or across the following streets, alleys and easements or other right-of- way situated in the City of Beaumont, Jefferson County, Texas, to-wit: Street Name or-R.O.W. Description Length(Linear Feet) HELBIG ROAD 601 PINEY POINT LANE (previously Voth Cut-Off Road) 60`' 1 EXHIBIT "A" JAN-19-05 03:26PM FROM-MISSION RESOURCES +713-652-2916 T-823 P_005/019 F-958 COST OF LIC1rNSE: Licensee shall make paysnelit to the City of Beaumont as follows: o License Agreement fee-$300.00 0 Annual fee of$2.25 per linear foot of pipeline located within the City right- of-way. Said fee shaII be reset on January �1, 2001 and shall be reset every ten (10) years, .thereafter, to a level to be, deterniined by the City Council or their delegated representative; ° Street Cut and Barricading Permit to Work in the City right-of-way.- 510.00 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 Permit shall be made to the Engineering bivision and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agre=ent(see page 8). GENERAL CONDITIONS: ° Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The street rental fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. ° All pipelines crossing public rights-of-way shall be bored from right-of-way, line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. ° The pipeline shall be constructed in such a manner as approved by the City and/or the Texas Department of Transportation so as it does not interfere with the use of the public streets and alloys. 2 JAN-1Q-d5 03:26PM FROM-MISSION RESOURCES +713-652-2816 T-823 P.006/O19 F-859 . L a The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline(seepage 4). .The construction and. operation of the pipeline shall not interfere with the natural drainage in that area not with the drainage system of the City, nor with sanitary sewer lines, waterlines,or other utilities. Damage to existing ditch grade daring construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition' and grade at which it existed prior to construction or maintenance. Bore pits shall be backfiilled according to City standards. d Excavations necessary for the consmuction, repair, or maintenance of the pipeline shall be performed in such a manger that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. X0 equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City(public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. 3 JAN-19-05 03:26PMi FROM-MISSION RESOURCES +713-652-2916 T-823 PA07/019 F-858 ° Any licenses, permits or agreanients required by another government entity (County, State or Z;ederal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said government entity, rhell documentation regarding such will be provided to the City of Beaumont. Licensee shall provide copies of all necessary agreements to be obtained from orber City Departments. Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. ° A map showing the location of the proposed pipeline shall be provided. (1"=2,000' City of Beaumont map or United States Geological Survey map) ° The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City_streets, alley, easements or other property. Once the pipeline is in:operation., any (damage that occurs to the pipeline which results in exposure or.release of product must be reported immediately to the City Fire Department and Public Work's Department. licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. The Licensee shall be responsible,for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) ° Installation will be done in accordance with all City standards And statutes of the State of Texas. 4 JAN-19-05 03:28PM FROM-MISSION RESOURCES +713-B52-2916 T-823 P_008/019 F-859 R QUIRED COVERAGE: o 'Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including Bodily injuries and property damage,naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: Bodily injuries: $ 300,000.00 per person S1,000,000.00 per incident. Property Damage: $1,000,000.00 Such insurance shall he maintained in force and effect during the construction or required maintenance of the pipeline and during the life of 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, alteration, or modification of such insurance. Licensee shall have in force with the City a surety bond irl the priztcipal amount of $100,000.00, The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement, The bond shall be wood and in effect for a period of one (1)year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with► the performance of any work or repairs that may be done upon the streets, alleys,or easements mentioned herein: 5 JAN-19-05 03:27PM FROM-MISSION RESOURCES +71.3-652-2916 T-829 P_O09l019 F-959 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee"s property iTi the coarse of'such contractor's performance of any contract with the City. OT 'RUC_ I'I NJri TENAI ICE WITHIN R O W c City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.D.W. involved with this license, Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the RAW.involved with this license will be the responsibility of the company obtaining said penriit. Licensee shall mark the location of its lines within forty-eight (48)hours after receipt of Ruch notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain'or excavate within this City ROW. and which are required to provide notification of such work. When information has been relayed to Licimsee, 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 to be relocated. b City reserves the right to lay, and to permit to beer laid,sewer,gas,water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing orpermitting any such work, the City of l�eaumont shall.not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. 6 JAN-IA-05 03:2TPM FROM-MISSION RESOURCES +T13-652-2018 T-823 P.O10/019 F-859 o Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, Such chmige shall be made promptly by Licensee at its cost and without claim for reimbursement or damages agaizrst City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texan Degartm oftt of Transportation, Licensee shall be reimbursed sully by the person or corporation desiring or occasioning such change for any expense arising;out of such change; provided, however, sliould the change be requested by the' Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City,make such change immediately and at its own cost:; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or chatniging in any manner of the pipeline where.same i$ in a City sweet, alley, easement or other right-of- way. N OTT FICA'1'IQI/INSPEC1InN c Any and all work to be performed on City right-of--way (R.O.W.) shall be observed and inspected by a . City representative. Any work to be performed within the City limits will be subject to periodic inspection to Ensure compliance with construction standards. Licensee shall provide the City (Public Works Departmew - Engineezing Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (2 4) hours prior to any street or R.O.W, crossing.. A representative will by scheduled to be present. The expense of such inspection services may be billed to the licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (4a) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 JAN*79-.05 03:27PM FROM-MISSION RESOURCES +713-652-2918 T-823 P.OI1J019 F-859 SPECIAL CONDITIONS: Noriassign�l�le This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition -specified herein is not met. This agreement may also be termivatedby the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less tban thirty(30)days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: MISSION RESOURCES CORPORATION P.O.Box 3827 Beaumont, Texas 77704 Address of Licensee, 1331 LMAR, SUITE 1455 Attn: City Manager City and State of Licensee: HOUSTON, TEXAS 77010-3039 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 fAN-18-05 D3:2TPM FROM-MISSION RESOURCES +T13-652-2816 T-823 P.012I018 F-859 Commencernent of,cork on the pipeline by Licensee after tiie date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS 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 herewith affixed by the City Cleric, this _day of A.D. 20 CITY OF BEAUMONT, TEXAS By: X.yle Hayes,City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) MISSION RESOURCES CORPORATION Rcpresewed by.A. ICENT ROGERS b VICE-PRESIDE T, OPERATIONS Title ATTEST_ By: Secretary �pipetine license agrcc Revised 10-10-2003 JAN-18-85 03:2?PM FROM-MISSION RESOURCES tr1,3-852-2816 T-823 P.0141018 F-859 AON Certificate of Ins.urance Aon Risk Services To: City of Beaumont insured: Attn: Mr.Don Burell Mission Resources Corporation Code Enforcement Administrator, 1331 Lamar Suite 1455 City of Beaumont Houston,TX 77010 801 Main Beaumont,TX 77701 Re: Phis is to certify that the pt yass of insurance listed below have been issued to tho insured named aooye lor,tho policy period tndlcatod nofwithstantling any requitement,term,or condition of any contract or"tier doctrmont with respect to which this t eNircare maiy o9►ssuod ar may pertain The lh;ve b a reduce by the pcticies described herein is subjoct fo all tha terms,elch' tons and conditions of such policies. t.lmhs shown may have bean reduced by paltl claims_ Type Of Policy Policy Polley Insurance Number Period Limits/Values 1) Commercial General Liability 0000457 ()6/01/04- $.2,000,000 General Aggregate 06/01/05 $2,000,000 Products and Completed Operations Aggregate $1,000,000 Personal 8,Advertising lnJuty $1,000,000 Each Occurrence $ '100,000 Damage to Premises Insurance Com an ented to You p y(iesj: James River Insurance Co.G 2) Excess Liability X0951A1A04 06/01104- $5,000,0D0 Per Occurrence 06101/05 Insurance C'ompanylies): .Associated Electric&Gas Insurance Services Limited Remarks/Special Conditions: no subscnbing insurers•obligatians unoer conlracls of insurance to which they subscribe are several and not joint and are limited solely to rho 800411 or 6t air Individual subscriptions, The subscribing insurers are not responsible farlhe subscription ofany CesubsCribing instttrer ono for any reason does riot satisfy all or pan of its ottligar;ons, The certificate IS Issued as a matter or Information omy and confers no rights upon the cenifrcato holder. This certificate does not amend, extond or allot the coverage afetxded by the ncy,on behalf o if Oicy(les)shown hereon. Should eny of the aoova describeu policies be canceled before the (the Issuing company(bes),Will endeavor to mail 30 days written notice to the above naexpiration data thoraat,this agemed certificate hotCer,but laoure to mail such notice shall Impose no obligation or liability or any kind upon the eompany(les)or this agency. Tate: 06/28104 Aon Risk Services of Texas,inc. Cert.No.: $501 Aon Risk Services Of Texas,Inc. 137.0 Post fink,Suite 900 Houston,Tex ac?7056 tcl:(832)476-6000 rax:(832)476-6590OGtEfeies�i IM GRAMC SCAM % — FEIT ur!Caurdielw+eNr tr as rover 4oer+w+d+ of W7t z (4�06�s oblobrd by aPS oerr+a� t w r RE 5m w m r ,ry'' •ION UNE ILES NO. I PIPE ti EMM from duffffsON Comm ?ERAS , PQIItilTTABLf xfs N0. 7 BELL Ar located withhr the City fimita � � roar. of$eaumoeL deKerseln Count} Fr NAO 27— LAMTWE 34',04' 19.24'N ' L4NCd7U8 .94.09' 174frU' W � ' • er � e7eae � .. �.*'� a FO o 9g�OF 4 PROPOSEP ppRpX, LET1677f 7,8T3' � _ rp�D1 •. N y oSUR►+ "� slat to 71 IMS CWO" 4. fer7 rax aff e b �,* aaa16 tJU© . / T •Iy41Vn=oe t!'if 1.^.Qhy ,n�mYS2 1L m itz.: �`y igF c^_AS...R _. ... - ... �y►if�i011f/ISrA m [l V YYpFY Oe PRQ9L£ L"PE SURVEY ,yam - 7 sv aer�r!of 4 pEtOMSIONAL LAw�rr u LAM - oo�wD r��srx�ux sir ,.- -.- .- � e-. au�+�"� --•° &ES WELL PROPOSED PIPELINE & BASELINE 1 m HOPE EXIT BORE ENTRANCE �4i a 4+17 04-00 r��s �1� 21.7' m 23.9' a a E dEFffRSON COUNTY, TEXAS m N O C .Zl SCALE � SCALE 1`40' WRT 30 �'� ' w BORE ENTRANCE 84RE EXIT OtDO 4+f 7 � , tN# { N 23 9' 2f.7 VAS 0 MASSIDNRESIJ�WflCESCCIRPL7 ILES NO. 1 PIPMWf PIPELINES et ,nlrcr4 ffmsom ewwr, 7ws 2+14 sir a Cr 4 1©00 f+00 2+00 3+00 4+00 5+00 o m n a m L4WE x URM PROPESSIONAL LAND SM cy N DpMMD M.'IAYPE iG77 Q 'W�O 14=9MM saw nano"1F7GlS"am (079)d76-077•FAV MR)W SOMAS$PMR SU V A a JEFF ROM OM Gfh'INIX 7EIAS BORE F/f BORE ENTRANCE � 2+46 0+00 25.5' o 26.1' 3 rig oHH_ 0 � i ^A , PROPOSED PIPELINE BASELINE iz SCALE x 1"=50' NOR. SCALE 1"=-5' VERT, CL ROAV 1+z4.§ 2Z7 AbA w 3Q B 2+4 � �lspoo N 25.5' BORE ENTRAMCE5 24 y ILESA10 1 PIPELIIffE CL f)iTCH CL O1TCH, XWERWN COffi M 10W 24.3 OUT of 4 v 23.Z A 0+00 �fOO 2f�0 3foa L"PR SURV `=' o FROFEMORAL LAND SUl N narxa MK rMMTWAV�SRW m r.aa"aw (979)AW-40 '7T F(979)SX w?360 ?3JAPE^^B NO 2l6Lti J. S. MARBLE PROPOSED PIPELINE & BASEYAll �p O�fi�,AS SPEWS RV A#5 SURVEY,A-465 ,l SVi COUN7r, UAS CL CRERK 21-85 ��° NOTE BORE EXIT ELEV 5,-00' BORE ENTRANCE RORE TO MAKE TURN +oa - 520 W 49' BORE EXIT 9+80 YL SI-IER€VOOD RD, 0 RAILROAD ROW--`''� q>l SCALE � CL RAILROM BORE iENWANCE SCE VERT 30 SORE EXIT 6+94 BORE OUT hh rcL PYMT_ 9+80. t} iY �2tl 5 POT SRO 20 ` 8+S& 7+2s ll�/SS!!?11f 14ESC1URG'E�`G'C3f�P�7 17.5" 17.5' }u5'm 1 PIPELnt ,EFFERwN COUNTY, TEXAS 10 f sow a OF f w -o cx eK o r � O 0 J OVVV L"PE SVRVM 0 jr00 1*00 2+00 3 00 4tOO 5800 s*OO 7tkOO at00 9*00 90+00 �a� ssiLAWC, L s A "' `^' aarvao W.4+11 ' YATf A cv°O o ¢i ri a 14to WffWr&mm:r N N N N N N N P.Rwx am WWWAK(M) -f� &W 90 MW 2XM-BAS VW 23401 MARBLE SUR VEY, A-465 PROPOSED PIPELINE & BASELINE CL CREED{ 24-85 JEFFERSM MUM, UAS BORE EXIT �, fLEV.=3,40 BORE ENTRANCE 0+00 ��r 4+51 iv m SHERWOOD RD. � h RAIIMOAO ROW m 0 c CL RAILROAD SCALE h P"-100'HOR { SCALE 7 30 j3ORE EXIT BOfiE tT�TRANCE get �"'� 98.x' 203' 20 Af=VNRESOUR CORK ILESNO. I PIPELINE EFFER.sON COUNA texas RW 4 aF 4 41 10 G-L CRK -J m _ o L"PE SURVEY PROMSIONAL LAND SUI 4+00 ?+00` 2+00 3+04 4+00 5+00 w MA" w :we wsr,iw srRM Uff 2w ty ►*1 : � ikxAS"A34 t�0 DO (979)6�TT AK(M)X% R1 � OO w ,- N9 PJJB Y3JiPL-BAS�1JND13StM� BI.K 2 8LK Aram r Mrii KMrr AM EI p PROPOSED - - PIPELWE ROi1 Tf �s APPROX. LENGTH 7900' BLIC t --- = .-•_�. -------- "'�•. .. -_ DCA T testa " E"..=22 P te'' Ppa $ •� ' 1 "� wrrdorswu • 6 xh. lump rx- L WE CQ11 Ott At _ 3 i JWr A AID(Ef K LIG �3�/llst SAL X11 MMY BAI"�STI �Sd/Yij AL I�MfmMl SI�IM9pV OM 4100 WM Y129'-/IN IFiC ARP OSE 1 ANY P p FOR RAE - �► �0 nlaa 27 LA 1 T BE R� S T SNA�� NO -M� IPIIIIII�. -- - CL Ag4w� / III ,rT4 I II . i � x Y, •y w Still �w Oi i il i� .. � tug