HomeMy WebLinkAboutRES 09-357 RESOLUTION NO. 09-357
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to grant a Pipeline License
Agreement to TE Products Pipeline Company, LLC,to install a ten inch (10")Valero lateral
pipeline to cross within City of Beaumont limits near West Port Arthur Road for the purpose
of transporting oil, gas, water or related refined products.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
December, 2009.
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1 LU
- Mayor Becky Ames -
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CITY OF BEAUMONT
APPLICATION FOR
PIPELINE LICENSE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
Business Name:_TE Products Pipeline Company, LLC Business Phone: (713) 803-2556
Business Address: C/O Paul Lair; P.O. Box 4324• Houston TX 77210-4324
The City of Beaumont, hereinafter called"City", for and in consideration of the sum
specified herein $500.00 hereby
grants to TE Products Pipeline Company,LLC 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 property situated
in the City of Beaumont, Jefferson County, Texas, and being more particularly described in
Exhibit"A" attached hereto and made a part hereof for all purposes.
Street Name or R.O.W. Description Length (Linear Feet
The proposed 10" Pipeline is within the city limits of Beaumont
No City of Beaumont ROW'S are crossed.
1
COST OF LICENSE:
Licensee shall make payment to the City of Beaumont as follows:
° License Agreement fee - $500.00
° Annual fee of $2.25 per linear foot of pipeline located within City property.
Said fee shall be reset on January 31, 2011 and shall be reset every ten
(10)years, thereafter, to a level to be determined by the City Council or their
delegated representative.
All fees,including the first annual fee for linear foot usage 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:
° 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
annual 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 so
as it does not interfere with the use of the City property.
2
° 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 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.
° 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.
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.
° 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.
° 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. Written proof of said permission is to be
provided to the City as part of the application process. Approval of this license
agreement excludes permission to do any construction on property which is
3
not owned by the City of Beaumont.
° Any licenses, permits or agreements required by another governmental 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 governmental entity, then documentation
regarding such will be provided to the City of Beaumont.
° Licensee shall provide copies of all necessary agreements to be obtained
from other 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 the cleanup and remediation of
contaminated areas due to exposure or release of product and any and all costs
associated with said cleanup and remediation.
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)
4
Installation will be done in accordance with all City standards and statutes of
the State of Texas.
REQUIRED COVERAGE:
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
$1,000,000.00 per incident
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.
° Licensee shall have in force with the City a surety bond in the rinci al
p p
amount of$1,000,000.00. 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 giving 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.
° 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.
° 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
5
connection with the performance of any work or repairs that may be done
upon the property 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.
OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.:
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.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 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 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 relocated.
° 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 parry who may be responsible for damages to Licensee's
6
facilities.
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 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:
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 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.
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:
Nonassignable
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 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:TE Products Pipeline Company
P.O. Box 3827
Beaumont, Texas 77704 Address of Licensee:_ C/O Paul Lair; P.O Box 4324
Attn: City Manager City and State of Licensee: Houston, TX 77210-4324
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
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 Mana 5er and the seal of the City to be herewith affixed by the City
Clerk, this � ' day of_ � ���w1 �' A.D. 20 0
CITY OF BEAUMONT, TEXAS
By: L". l
Kyle Hayes, City Manager
am:
1 n�
It APPLICANT'S COMPANY NAME:
(Licensee)
t� TE Products Pipeline Company, LLC
o
Represented by:
Paul Lair
Title
ATTEST:
By:ayvw. ' 'Secret 4l
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X= 3,532.434.29'
Y=13,948,457.42'
LAT: 30' 00 42.04' N
LON: 94 03 25.71' W
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PROPOSED 10•
VALERO LATERAL
X= 3,528,874.83' �• PIPELNE
Y=13.943.938.46,
' a LAT. 29. 59' 58.83' L
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GRAPHIC SCALE •-.
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PROPOSED 10' PIPELINE
JEFFERSON COUNTY, TEXAS
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PROJECT LOCATION VICINITY MAP
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10" VALERO LATERAL
STA. 6+29
X= 3,531,914.96'
Y= 13,948,403.17'
LA T. 30' 00" 41.72"
ti LON. 94' 03' 31,64"
HDD EXIT `'
10" VALERO LATERAL \1��
X= 12+48.69 : O� a
X= 3,531,533.89" _
Y= 13,947,914.22' • STA. 0+00
T LA T. 30' 00' 37.04" BEGINNING OF
LON. 94' 03',y.21.21" 0 PROPOSED 10'
VALERO LATERAL
PIPEUNE
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BORE ENTRY -/
STA. STA 48f38 O
X= 3,529,898.74'
Y= 13,945,149.56-
LA T. 30' 00' 10.38"
ION. 94' 03' 56.1 1"
BORE EXIT TEPPCO
TANK FARM
STA. 49+38 !
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k'= 3,529,514,53' �Q y
Y= 13,945,095.63' /
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LA T. 30' 00' 09.88" O
-o LON. 94' 03' 57.10" O
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CROSSING
GARN — HDD EXIT AT DEPTH O
GARNER LATERAL 10" VALERO LATERAL
STA. 59+26.78
X= 3,529,083.95' ,t STA 54+14.50
Y= 13,,944,442.07' j X= 3,529,424.43'
LA T. 30' 00' 3.72" Y 13,944,824.82
LON. 94' 04' 5.71" i LAT. 30' 00' 07.37
LON. 94' 04' 01.66
STA. 65+33
END OF PROPOSED HDD ENTRY AT DEPTH
10" VALERO LATERAL 10" VALERO LATERAL
PIPELINE STA. 62+14.50
X= 3,528,892.72'
Y= 13,944,227.09'1.LA T. 30' 00' 01.68"
LON. 94' 04' 0799"
0' 400' 800'
GRAPHIC SCALE
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PROJECT CONSULTING SERVICES'INC.
PROPOSED 10' PIPELINE
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STA. 59,'-26.78
X= 3,529,083.95'
Y= 13,944,442.07'
LAT 30' 00' 3.72"
LON. 94' 04'j 7I J-1
512' 288'
800'
S 89' 56'24'E
LNVA CROSSING P�
GARNER LATERAL
STA. 59126.78
X= 3,529,083.95'
Y= 13,944,442.07' y
LA T. 30' 00' 3.72"
X LON. 94' 04' 5.71' Z
w 94' W
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NATURAL GROUND
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0 PIPELINE TO BE DRILLED. ly
R1000' R1000'
—8'
—16'
512' 288'
PROFILE
~ PROJECT CONSULTING SERVTCES,TNC.
o' 200' AF A
PROPOSED 10' PIPELINE CROSSING
HORIZONTAL SCALE GARNER LATERAL
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VERTICAL SCALE x APPAM er - °iVK
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1.0 GENERAL INFORMATION
1.1 APPLICANT/OWNER
TE PRODUCTS PIPELINE COMPANY, LLC.
P.O_ BOX 4324
HOUSTON, TX. 77210-4324
ATTN: MR. PAUL LAIR
1.2 PIPELINE NAME: 10' PIPELINE
JEFFERSON COUTNTY, TEXAS
1.3 PRODUCT: REFINED PRODUCT
2.0 PIPELINE DESIGN DATA
2.1 DESIGN CODES: THE DEPARTMENT OF TRANSPORTATION ('DOT' STANDARD CFR TITLE 49, PART
195, 'TRANSPORTATION OF HAZARDOUS LIQUID BY PIPE.IJNE' AND PART IV OF THE RAILROAD
COMMISSION PIPELINE SAFETY RULES AND ASME B31.4
2.2 DESIGN PRESSURE: 740 PSIG (MAXIMUM ALLOWABLE OPERATION PRESSURE)
2.3 HYDROSTATIC TEST PRESSURE 925 PSIG (MINIMUM)
I
3.0 CARRIER LINE PIPE
3.1 OUTSIDE DIAMETER: 10.750'
3.2 WALL THICKNESS: 0.250' MINIMUM
3.3 PIPE SPECIFICATION: APL 5L, GRADE X-52
3.4 SPECIFIED MINIMUM YIELD STRENGTH: 52,000 PSI
3.5 MATERIAL CARBON STEEL
3.6 PROCESS OF MANUFACTURE: ERW
3.7 EXTERIOR COATING: FUSION BONDED EPDXY AND ABRASION RESISTANT COATING IN DRILLS AND BORES
4.0 CATHODIC PROTECTION
4.1 RECTIFIER IMPRESSED CURRENT
5.0 CONSTRUCTION METHOD
5.1 PIPELINE WILL BE INSTALLED BY OPEN DITCH CONSTRUCTION AND BORE/HORIZONTAL DIRECTIONAL
DRILL INSTALLATION METHODS
PROTECT CONTTSULTING SERVICES;INC.
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r� PROPOSED 10' PIPEUNE CROSSING
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PIPE CFICCATIONS
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