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HomeMy WebLinkAboutORD 12-077 ORDINANCE NO. 12-077 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION, MAINTAINING, OPERATING, REPAIRING, REPLACING, ALTERING AND INSPECTING OF AN OIL PIPELINE AND RELATED APPURTENANCES IN A RS(RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT ON PROPERTY EXTENDING FROM THE EAST SIDE OF FANNETT ROAD (HWY. 124) TO THE EAST SIDE OF THE CATTAIL MARSH IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, TransCanada Keystone Pipeline, LP has applied for a specific use permit to allow the construction, maintaining, operating, repairing, replacing, altering and inspecting of an oil pipeline and related appurtenances in a RS(Residential Single Family Dwelling) District on property extending from the east side of Fannett Road (Hwy. 124)to the east side of the Cattail Marsh., being C. Hillebrandt Survey, Abstract 28, Tract 10, Lot 10; S. Stivers Survey,Abstract 51, Tract 15, SP-9; and Part of Tract 26, S. Stivers Survey, Abstract 51, SP-9, Brooks Farm, Abstract 232219, City of Beaumont, Jefferson County, Texas,containing 2,907.877 acres, more or less, as shown on Exhibit"A,"attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow the construction, maintaining, operating, repairing, replacing, altering and inspecting of an oil pipeline and related appurtenances in a RS(Residential Single Family Dwelling)District on property extending from the east side of Fannett Road (Hwy. 124) to the east side of the Cattail Marsh, subject to the following conditions: • All traffic control shall comply with the Texas Manual on Uniform Traffic Control Devices, Part 6 (2009 Edition). I • Existing access points being utilized by Keystone shall be shown on a map displaying the scope of the project within the city limits. • Any oversized loads moving materials to the project site shall comply with the City of Beaumont Oversized Loads regulations. • Clear space between bottom of existing ditch and storm sewer pipe to the top of the TransCanada Keystone pipeline shall not be less than 5 feet. • A pipeline license agreement must be submitted and approved prior to any work being performed within the City right-of-way. A map shall be submitted to Water Utilities showing where the pipeline will be crossing any City of Beaumont water and sanitary sewer mains, both within and outside the City. In addition to the overall map, plan and profile drawings must be submitted for each crossing. The pipeline must be installed a minimum of 5 feet below the bottom of the lowest pipe crossing. and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow the construction, maintaining, operating, repairing, replacing, altering and inspecting of an oil pipeline and related appurtenances in a RS (Residential Single Family Dwelling) District on property extending from the east side of Fannett Road (Hwy. 124)to the east side of the Cattail Marsh., being C. Hillebrandt Survey, Abstract 28, Tract 10, Lot 10; S. Stivers Survey,Abstract 51, Tract 15, SP-9; and Part of Tract 26, S. Stivers Survey,Abstract 51, SP-9, Brooks Farm, Abstract 232219, City of Beaumont, Jefferson County, Texas, containing 2,907.877 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby granted to TransCanada Keystone Pipeline, LP, its legal representatives, successors and assigns, as shown on Exhibit"B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • All traffic control shall comply with the Texas Manual on Uniform Traffic Control Devices, Part 6 (2009 Edition). • Existing access points being utilized by Keystone shall be shown on a map displaying the scope of the project within the city limits. • Any oversized loads moving materials to the project site shall comply with the City of Beaumont Oversized Loads regulations. • Clear space between bottom of existing ditch and storm sewer pipe to the top of the TransCanada Keystone pipeline shall not be less than 5 feet. • A pipeline license agreement must be submitted and approved prior to any work being performed within the City right-of-way. A map shall be submitted to Water Utilities showing where the pipeline will be crossing any City of Beaumont water and sanitary sewer mains, both within and outside the City. In addition to the overall map, plan and profile drawings must be submitted for each crossing. The pipeline must be installed a minimum of 5 feet below the bottom of the lowest pipe crossing. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. 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