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HomeMy WebLinkAboutRES 94-008 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 Citgo Pipeline Company. The agreement is substantially in the form attached hereto. PASSED BY THE CITY COUNCIL of the City of Beaumont this the /X2�( day of _ _, 1994. - Mayor - V THE STATE OF TEXAS: COUNTY OF JEFFERSON: The City of Beaumont,hereinafter called "City", for and in consideration specified herein One Hundred Ninety Six Dollars and 00/100 - $196.00 hereby grants to CITGO Pipeline Company 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 situated in The City of Beaumont, Jefferson County, Texas, to-wit: Street No. of Feet Old Voth Road 71 Ft. Lawrence Drive 73 Ft. Helbig Road 52 Ft. 1 EXHIBIT "A" This license is granted by The City of Beaumont subject to the following conditions: General 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's Engineering Division and/or the Texas Department of Transportation. o The pipeline shall be constructed in such a manner as approved by the City's Engineering Division and/or the Texas Department of Transportation so as in no way to interfere with the use of the public streets and alleys. o The pipeline shall be installed a minimum of five (5') feet below the lowest proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City Engineer and/or Texas Department of Transportation. If the pipeline is to be bored,bore pits shall be backfilled according to the City of Beaumont Construction Manual. o The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. o Excavations necessary for the construction,repair, or maintenance of the pipeline shall be performed in such a manner as will not cause any inconvenience to the public and Licensee shall promptly restore 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,all streets,alleys,or easements, excavated by it. o Operations along roadways shall be performed in such a manner that all excavated materials 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. 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 Any construction which takes place in, on, under, above, or across property not ow.-c:buy&":Ci j s u:ii?r..ia:m audiii:,iai p uission by the owner(s) of the property involved. Approval of this license agreement 2 excludes permission to do any construction on property which is not owned by the City of Beaumont. o Barricades, warning signs and lights, and flagmen when necessary shall be provided by the contractor or owner. 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 Engineer in advance. 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 of 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. 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 water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to alter, encase, change, adopt or conform the pipeline of Licensee 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, or easement. 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. o If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of i*.:.ag- connection with the performance of any work or repairs that may be 3 done upon the streets, alleys, or easements mentioned herein, 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. o The pipeline shall be maintained and operated in such a manner as not to leak and/or damage to the streets. Leaks or other defects are to be repaired immediately by Licensee at its own cost. o The Licensee shall be responsible for any and all cost associated with the relocation of the pipeline. o Permits which allow lines to be maintained or constructed in City right- of-way shall be obtained by Licensee or his contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. o Licensee shall furnish the City with a certificate of insurance issued by an insurer acceptable to the City showing that the licensee has in force, and will maintain in force during the construction or required maintenance of line, liability insurance of not less than $300,000.00 for any one accident and property damage insurance of not less than $50,000.00, or to applicable City insurance requirements, at the time of construction and shall be maintained in force during the life of the pipeline and no modification or change of insurance carriage and provision shall be made without ten(10) days written advance notice to the City. o Licensee shall have in force with the City a surety bond in the principal amount of $10,000.00. 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 article. The bond shall provide that it may not be cancelled without thirty (30)days'prior written notice to the City. The bond shall be good for a period of one (1) year from the day of issuance of the permit. o Licensee shall make payment to the City of Beaumont as follows: o License Agreement fee $500.00. o Annual fee of $1.00 per linear foot of pipeline within the City right-of-way. Said fee shall be reset on January 31, 4 1 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. License Agreement fee, first annual fee for linear foot useage and Street Cut and Barricading Permit shall be made to the Engineering Division payable to the City of Beaumont prior to any construction. o Licensee agrees that it shall mark the location of its lines within forty- eight (48) hours after receipt of notification of proposed construction. Licensee shall maintain a local telephone number to be called for location of lines. Calling this number by persons desiring to excavate shall constitute notification to locate such lines. Failure to respond by Licensee shall alleviate the responsibility of the person requiring the lines to be located. o This pipeline license is assignable subject to all the terms and conditions imposed herein. o Licensee will notify the Engineering Division of the City of Beaumont twenty-four (24) hours in advance prior to the installation of the lines permitted by this license. o Installation will be done in accordance with all ordinances of the City of Beaumont and statutes of the State of Texas. SPECIAL CONDITIONS: Nonassienable 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. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing 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 D. 4. Box 3827 Address of Licensee Beaumont, Texas 77704 City of Licensee 5 Upon cancellation, the line shall be removed and property restored to a condition acceptable to the City Engineer. Commencement of work on the pipeline by Licensee after the date of this 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. 19 CITY OF BEAUMONT, TEXAS By: Ray A. Riley, City Manager ATTEST: Rosemarie Chiappetta, City Clerk APPLICANT'S COMPANY NAME: CITGO Pipeline Company Represented by d Ti Manager, Pip elid,,4 perations ATTEST: By: Secretary PIPELINE Revised 11-2-93 6 s