HomeMy WebLinkAboutRES 95-218 RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to accept a pipeline license agreement with
Anadarko Petroleum Corporation. The agreement is substantially in the form attached
hereto as Exhibit "A".
PASSED BY THE CITY COUNCIL of the City of Beaumont this the -c;2W, day of
, 1995.
4
- Mayor -
CITY OF BEAUMONT
APPLICATION FOR
PIPELINE LICENSE AGREEMENT
THE STATE OF TEXAS:
COUNTY OF JEFFERSON:
Business Name: Anadarko Petroleum Corporation Business Phone: (71 1) 875_1 100
Busing Addr=17401 Northchase Houston, Texas 77060
The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified
herein five hundred dollars ($500.00)
hereby grants to Anadarko Petroleum Corporation
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)
FM 3120 (Major Road) 200 feet
1
EXHIBIT "A"
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 any 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 All pipelines crossing public rights-of-way shall be bored from right-of-
way line to right-of-way Iine. 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.
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).
2
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.
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 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 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 Iicense
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.
3
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" = 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 to leak and/or cause damage to any City streets, alleys, 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.
4
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 injuries: $ 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 provide
that it may not be cancelled, altered, or otherwise modified without
fifteen (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
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
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 CONS'IRUMON/MATTVTF_NANCE WMHN 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 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.
6
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 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, easement or other right-
of-way.
NOTIFICATION/INSPECTION:
o 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 Iimits will be subject to periodic inspection
to ensure compliance with construction standards.
o Licensee shall provide the City with the name and local phone
number of the person in charge of work that will be performed.
o Licensee shall notify 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.
7
SPECIAL CONDITIONS:
Nonassinable
This license is personal to the Licensee. It is nonassignable and any attempt to assign this
license will terminate the Iicense 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: Anadarko Petroleum Cororation
P. O. Box 3827
Beaumont, Texas 77704 Address of Licensee: 17001 Northchase
Attn: City Engineer City and State of Licensee: Houston, Texas
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
Commencement of work on the pipeline by Licensee after the date of this fully executed
Iicense 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
APPLICANTS COMPANY NAME:
(LIcensee)
Anadarko Petroleum Corporation
Represented by:
nTitle
ATTEST: v sic f! ,1r�c�•�/ /��/,
By "
Lam' Secretary
MWLIPIPELINE Revised 08-22-94
9
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