HomeMy WebLinkAboutRES 03-257 i
RESOLUTION NO. 03-257
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
ExxonMobil Oil Corporation. The agreement is substantially in the form attached hereto
as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
November, 2003.
l4a,yor Evelyn M. Lord -
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CITY OF BEAUM0NT
APPLICATION FOR
PIPELINE LICENSE AGREEMENT
THE STATE OF TEXAS:
COUNTY OF JEFFERSON:
Business Name: ExxonMobil Oil Corporation Business Phone: )
Business Address: P. 0. Box 3311 Beaumont TX 77705
The City of Beaumont, hereinafter called "City", for and in consideration of the sum
specified herein
hereby grants to
ExxonMobil Oil Corporation
hereinafter called "Licensee", the license
td'lay;maintain,operate; replaco;'br 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)
-Sycamore Street 95.1
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EXHIBIT "A"
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COST OF LICENSE:
Licensee shall make payment to the City of Beaumont as follows:
o License Agreement fee - $500.00
o Annual 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 reset
every ten (10) years, thereafter, 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:
$10.00 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 Division 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 agreement (see page 8).
GENERAL CONDITIONS:
o Licensee does not intent 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.
o 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.
o 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 alleys.
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o 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 (see page 4).
The construction and operation of the pipeline shall not interfere with dio
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, waterlines, or other utilities.
Damage to existing ditch grade during 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 backfilled according to City standards.
o Excavations necessary for the construction, repair, or maintenance of the
pipeline shall be performed in such a manner 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.
o 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
211_operating.equipment and materials. All property where operations are
performed will be restored to original condition or better. No 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.
o 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.
o Any licenses, permits or agreements required by another government entity
(County, State or Federal) shall be obtained and a copy of such document
shall be provided to the City.
If agreement is not required by said government entity, then documentation
_ - regarding such will be provided to the City of Beaumont.
o Licensee shall provide copies of all necessary agreements to be obtained
from other City Departments.
o Licensee 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 provided.
(1"=2,000' City of Beaumont map or United States Geological Survey
Map)
o 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.
o 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.
o 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)
- -- o Installation will be done in accordance with all City standards and statutes
of the State of Texas.
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REQUIRED 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:
o Bodily ides: $ 300,000.00 per person
$1,000,000.00 per incident
o Property Damage: $1,000,000.00
Such insurance shall be 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.
o- Licensee shall have in force with the City a surety bond in the principal
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 good 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.
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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 in the course
of such contractor's performance of any contract with the City.
OTHER CONSTRUCTILQNl1IAINTENANCE WITHIN R.O.W.
o City will use it's 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.O.W. involved with this license.
Notification, to Licensee, of other construction and/or maintenance
permitted by the City and within the R.O.W. involved with this license will
be the responsibility of the company obtaining said permit.
Licensee shall mark the location of its lines within forty-eight (48) hours
after receipt of such 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 changes 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 R.O.W. and which are required 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 to be located.
o City reserves the right to lay, and to permit to be 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 or permitting
any such work, the City of Beaumont 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.
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o Whenever by reason of the change in the grade of any street occupied by
Licensee's 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
License thereto, such change shall be made promptly by Licensee at its cost
and without claim for reimbursement or damages against City. If the
change is demanded by the City for the benefit of any other person or
private corporation, except the City or the Texas Department of
Transportation, Licensee shall be reimbursed 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 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 changing in any manner of the
pipeline where same is in a City street, alley, easement or other right-of-
way.
NOTIFICATION/INSPECTION:
o Any and all work to be 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.
o Licensee shall provide the City (Public Works Department - Engineering
Division) twenty-four (24) hours prior to the installation of the lines
permitted by this license. Licensee shall also notify the City twenty-four
(24) hours prior to any street or R.O.W. crossing. A representative will
be 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 (48)
hours prior to completion of work and removal of equipment from the job
site to permit the City to make an inspection.
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SPECIAL CONDITIONS:
Nonassignable
This license is personal to the Licensee. It is nonassignable and any attempt to assign this li cense
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 terminated by 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 than 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: ExxonMobil oil Corporation
P.O. Box 3827
-Beaumont, Texas 77704 Address of Licensee: P. 0. Box 3311
— --Attn: City Manager City and State of Licensee: Beaumont Tx 77704
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.
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Commencement of work on the pipeline by Licensee after the 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 Clerk,
this day of , A.D. 20
CITY OF BEAUMONT, TEXAS
By:
Kyle Hayes, City Manager
ATTEST:
City Clerk
APPLICANT'S COMPANY NAME:
(Licensee)
ExxonMobil Oil Corvoration
Represented by:
Attorney-in-Fact
Title
ATTEST:
By:
Secretary
DMPIPELINE Revised 2-03-2000
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EXXONMOBIL OIL CORPORATION
1 10/03 T.C. ISSUED FOR PERNR GO COGEN
0 10/03 T.r- ISSUED FOR APPROVAL GO LOCATION MAP
`V. GATE BY °ESCR1°T0t C1" CITY OF BEAUMONT PROPERTY
PROJECT NO- 3563 JEFFERSON COUNT`!. TEXAS
DRAWN 3Y:T.C. -DATE:10/03 OWG. NO. 2 OF 2 REV.
MUSTANG ENGINEERING, L.P. CHECKED BY:GO DATE-10/03
HCIUSTON,TSCAS � ".2wo• APP_DG 3 63-9352
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JEFFERSON COUNTY , TEXAS
DAVID BROWN LEAGUE, A-5
E STREET
� _._-SYCANIOR
PROPOSE 2-16 PIPELINES
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PROPOSED
2 - 16" PIPELINES
CROSSING SYCAMORE STREET