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HomeMy WebLinkAbout1994-2046 - Ordinance - 01/13/1994ORDINANCE NO 2046 AN ORDINANCE GRANTING A PIPELINE FRANCHISE ORDINANCE TO HARVEY SWD LIMITED, A TEXAS LIMITED PARTNERSHIP, TO GATHER, COLLECT, RE- CEIVE, TRANSPORT FOR COLLECTION AND STORAGE OF SALTWATER USED OR PRODUCED IN CONNECTION WITH OIL AND GAS OPERATIONS IN AND AROUND COLLEGE STATION, TEXAS; PROVIDING FOR PAYMENT OF FEES AND CHARGES FOR PERMITS AND THE USE OF STREETS, ALLEYS, PUBLIC WAYS, AND PUBLIC PROPERTY; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS UNDER WHICH SAID FRANCHISE SHALL BE EXERCISED, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING A SAVINGS CLAUSE, FINDING AND DETERMINING THAT THE MEETINGS AT WHICH THE ORDINANCE IS PASSED ARE OPEN TO THE PUBLIC AS REQUIRED BY LAW, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, HARVEY SWD LIMITED, a Texas Partnership, desires to receive a franchise from the C~ty of College Station, Texas, for the purpose of uflhz~ng and crossing the easements and streets within the City limits of College Station, Texas, and WHEREAS, the College Station City Council desires to enter ~nto a franchise agree- ment, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, THAT SECTION 1. USE OF STREETS AND PUBLIC PLACES The C~ty of College Station, Texas (hereinafter called "City"), hereby grants to HARVEY SWD LIMITED (hereinafter called "Franchisee"), its successors and assigns, consent to use and occupy the present and future streets, alleys, high- ways, easements, public places, pubhc thoroughfares, and grounds owned or con- trolled by C~ty for the purpose of laying, maintaining, constructing, operet~ng, and replacing therein and thereon p~pelines and all other appurtenant equipment needed and necessary to gather, collect, transport for collection in, out of, and through City to an approved storage or disposal site or for injection ~nto a transpor- tation pipeline, saltwater used or produced in connection with oil and gas operabons within the corporate city I,m~ts, said consent being granted for the term to expire on November 30, 2003 SECTION 2 PLACEMENT OF COMPANY EQUIPMENT, BARRICADING, AND RESTORATION OF STREETS AND ALL OTHER PUBLIC PROPERTY Franchisee shall lay, mainta n construct operate, and replace its p~peline system and other equipment so as to interfere as little as poss b e w th traffic and C~ty utili- ties. The placement of all plpehnes and other appurtenant equipment shall be sub- ject to the approval of the City Manager or h~s designee prior to construction Reproducible copies of all maps showing the location of all pipelines and other appurtenant equipment shall be furmshed to the C~ty Manager or his designee When Company shall make or cause to be made excavations or shall place obstructions ~n any street, alley, h~ghway or pubhc place, the public shall be pro- tected by barriers and lights placed, erected and maintained by Company ~n corn- Ordinance No. 2046 Page2 ~)liance w,t.h, Traffic Controls for Streets and Highway Construction and Maintenance peratlons of the Texas Manual of Uniform Traffic Control Devices Franchisee shall repair, clean up and restore to asgood a condition as before commencement of work, all property, public and private, disturbed dunng the construction and repair of ts system In the event Franchisee fails to restore the street, alley, highway, pubhc or private property to as good a condition as before the commencement of the work within a reasonable time, City may restore or maintain same, after glwng Franchisee ten (10) days written notice Franchisee shall, w~thin ten (10) days after receiving a bill, wh ch may include a penalty of twenty-five percent (25%) for such cost pay the actual cost plus the penalty for such service All construction and other work done by Franchisee in the operation of ~ts bus ness, under and by virtue of this Ordinance, shall be in conformance with the ordinances, rules and regula- bons now ~n force and that may hereafter be adopted by City, and all laws of the State of Texas and United States relating to the use of streets, alleys, highways, easements, public places, public thoroughfares, and grounds of City SECTION 3. HOLD HARMLESS Franchisee shall protect and hold C~ty harmless against all habfl~ty and claims for damages to any person or property by reason of the construction and maintenance of Franchisee's system and facilities or ~n any way growing out of the granting of th s franchise either directly or indirectly, or by reason of any act, negligence, or nonfeasance of the contractors, agents or employees of Franchisee Franchisee shall refund to C ty all sums which C~ty may have been required to pay by a decks on of a court of competent jurisdiction in accordance with th.e prov?lons of. th~s section; and Franchisee shall indemnify and hold C ty harmless Trom ana on account of all liability, damages, costs, expenses, and causes of action that may accrue to or be brought by any person or corporation at any t~me hereafter by reason of the exercise of the rights and privileges of Franchisee, ~ts contractors, agents or employees, hereby granted or the abuse thereof Upon the commencement of any suit or proceeding at law against City relating to or concermng any matter wherein Franchisee has agreed, as stipulated above, to indemnify and save harmless City, City shall tender the defense of said suit or pro- ceeding at law to Franchisee; and Franchisee shall thereupon, at its own cost and expense, defend, compromise, or settle the same. Any settlement involving a claim or cause of acbon against C~ty shall release City from any and all liability as a result of said claim or cause of action SECTION 4 INSURANCE Franchisee shall carry a pohcy or pohcles of insurance issued by an insurance com- pany or companies authonzed to do business in the State of Texas Such policy or policies in the aggregate shall prowde for the following m~nimum coverages: A GENERAL LIABILITY Standard comprehensive general liability ~nclud~ng coverage for premises, operations, explosion, products-completed opera- tons, b anket contractual liability, underground property damage, broad form property damage, independent contractors and personal injury. 01/15~94 Ordinance No 2046 Page 3 (2) Bodily injunes, $2,000,000 each occurrence, $2,000,000 aggregate; Property damage, $2,000,000 each occurrence, $2,000,000 aggregate; AUTOMOBILE LIABILITY (1) Minimum Combined Single Limit of $1,000,000.00 per occurrence for Bodily Injury and Property Damage (2) The Bus~ness Auto Policy must show Symbol 1 in the Covered Autos portion of the liability section in item 2 of the declarations page. WORKERS' COMPENSATION (1) Employer's Liability hmits of $100,000 00 for each accident is required. (2) Texas Waiver Of Our R~ght To Recover From Others Endorsement, WC 42 03 04 shall be included in this policy. (3) Texas must appear in Item 3A of the Workers' Compensahon cover- age or Item 3C must contain the following. All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV and WY CERTIFICATES OF INSURANCE Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain prowsions and warranting the following (1) The company is licensed and admitted to do business in the State of Texas (2) The insurances set forth by the insurance company are underwritten on forms which have been provided by the Texas State Board of Insurance or ISO. (3) (4) (5) Sets forth ail endorsements and insurance coverages according to requirements and ~nstructions contained here~n Shall specifically set forth the notice of cancallahon, termination, or change in coverage provisions to the C~ty of College Station Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance Ordinance No 20 ~. 6 Page 4 E. CITY AS ADDITIONAL INSURED The C~ty of College Station, its officials, employees and volunteers, are to be added as "Additional Insured" to the General Liability policy The coverage shall contain no special limitations on the scope of protection afforded to the OWNER, its officials, employees or volunteers SECTION 5. RELOCATION OF COMPANY EQUIPMENT f C~ty within and without the city limits, in constructing its sewers, streets, utihtles or other public works should require an.y plpehn, es o.r ..oth.er equ. ipm.ent, own.ed or o. per- atad by Franchisee under this ~-rancnise to De snittea or relocate~3, sucn plpe,nes or other equipment shall be shifted or relocated by Franchisee at its own expense as and when required by City SECTION 6 LAYING OF LINES IN ADVANCE OF PAVING Whenever City, with n and without the city limits, shall commence to pave any street or alley ~n which any part of the pipehne system of Franchisee already exists, or ~n which Franchisee may propose to p ace ts system, Franchisee may be required, at no expense to City, in advance of such paving, to renew such system, if defect ve or inadequate in s~ze, and to lay lines, or renew the same, if inadequate ~n s~ze or defective Franchisee shall be given sixty (60) days written notice of the intention of City to pave any such street or alley and spec~y~ng the new locations for the lines. Within sixty (60) days from receipt of such notice, Franchisee shall ~nitiate work and thereafter proceed ~n a workmanhke manner to the completion of the necessary work. If Franchisee should fail to so proceed and such street or alley ~s thereupon paved, except ~n an emergency, Franchisee shall for three (3) years thereafter be proh b ted from cutting such pavement or excavating in such paved street or alley for any purpose, except by f mt obtaining the wntten permission of the City Manager or h~s designee under such terms and conditions as City may prescnbe unless for emergency repairs, in which case no permission w~ll be required. SECTION 7. MAPS, PLATS, PLANS Franchisee shall submit maps, plats or plans showing the location, e~ther actual or proposed, of the course and a gnment of any pipeline which has not heretofore been constructed, installed, and approved by City. Said maps, plats, or plans shall also show an accurate profile of the pipehne to be ~nstalled and all other infrastruc- ture, whether pubhc or private, within twenty feet (20') of each side of the proposed location of the pipehne Any additions, deletions or corrections to the maps, plats or plans submitted to City must be specifically approved by the City Manager or his designee. Franch see sha also file with the City Manager or h~s designee, maps, plats or plans showing the location, course and al!gnm, ent of ~ts s.y. ste_rn.inaPnl~lce which has not heretofore been constructed, installe(3 an~3 approveo Dy ~Jny as it is con- structed in the extraterritorial jurisdiction of City, and that part of Franch~see's sys- tem w~ll be governed by this franchise Franchisee hereby agrees that in the event Brezos County, Texas, does not exercise its authonty in regard to Franchisee's j.~c ordmanc~n'e) 01/13'94 Ordinance No. 2046 Page 5 bus ness in C~ty's extraterritorial jurisdiction that Franchisee will submit itself to th.e jurisdiction of City and that part of Franchlsee's system will be governed by th~s franchise. Franchisee agrees and consents to the use of its easements and rights-of-way by City. City recognizes that where the use of an easement or right-of-way is restricted and/or exclusive City shall make separate arrangements w~th the property owner However, once such arrangements are made, Franchisee shall not deny access to City premised upon the restnctiveness or exclusivity of its easement or right-of-way grant provided that if Franchisee within such easements or rights-of-way should require any of City's sewers, utihfles, other public works or other equipment to be sh~fted or relocated, such sewers, utilities, other pubhc works or equipment shall be shifted or relocated by City, at ~ts own expense, as and when required by Fran- chisee. City sha protect and hold harmless Franchisee against any claims for damages to any person or property b~ reason of the use construction, relocation or mainte- nance of City's property, w~th~n the Franchisee's easements or rights-of-way SECTION 8. FRANCHISE FEES, RENTAL, ETC Franchisee agrees to pay as consideration for the granting of th~s franchise a mimmum fee of Five Hundred Dollars ($500). The fee shall be calcul.ated by computing the actual man-hours expended by City staff in processing th~s franchise apphcation times the applicable hourly rate of each employee Franchisee shall pay on or before each and every anniversary date of th~s franchise a fee adopted by C~ty Council resolution and based upon the number of feet of p~peline installed and in use. Such franchise fee shall inc ude projects under construction, said fee to be for the expenses of City involved in administenng, maintaining records, supervising ~nspections, and regulating the use and maintenance of Franch~see's faciht~es located within the jurisdiction of City C Franchisee shall pay on or before each and every anniversary date of this franchise a fa r rental value adopted by City Council resolution and based upon the number of feet of pipeline installed and in use in any street, alley, easement, or other public property owned or controlled by C~ty, but which shall ~nclude projects under construction. Prior to each and every time Franchisee begins construction of a segment of its system Company shall obtain a construction and ~nspectlon permit from the C~ty Manager or his des gnee and pay the fees associated therewith Each and every t~me Franchisee proposes to cross any street, alley, ease- ment or other public property owned or controlled by City, they shall obtain a permit from the City Manager or h~s designee and pay the fees associated therewith. Ordinance No. 2046 Page6 F Each and every time Franchisee proposes to abandon, temporarily abandon, or reactivate all or any part of its system, Franchisee shall obtain a permit from the C~ty Manager or his designee and pay the fees associated there- with SECTION 9. DUTY TO SERVE Franch see hereby agrees that ~t will not arbitrarily refuse to prov,de service to anyone that it is economically feasible for Company to serve. In the event that a party is refused service, said party may request a hearing before the City Council, sa~d heanng to be held wlth{n forty-five (45) days from the date of the request for heanng. The City Council may. (1) order Franchisee to provide serv~ca, (2) amend the fran- ch se (3) revoke the franchise, or (4) take any other action necessary to bring Franchisee nto compl~anca with the intent of the City Council in granting th{s fran- chise The City Council shall render its opinion at ts next regular meeting, but ~n no event shall it be required to act in less than seven (7) days. SECTION 10 INSTALLATION OF METER Franchisee shall install upon or ~mmediately adjacent to the prem{ses of each producer a meter of standard type or other approved measuring device for the purpose of measuring accurately the product to be purchased or transported by Franchisee SECTION 11. NOT AN EXCLUSIVE FRANCHISE The r ghts, privileges, and franchises granted by th~s ordinance are not to be considered exclusive, and City hereby expressly reserves the nght to grant, at any time, like privileges, rights, and franchises as ~t may see fit to any other person or corporation on the same terms and condit{ons that th~s franchise is granted. SERVICE 12 VENUE All the rights and privileges granted under th~s franchise are to be performed in Brazos County Texas and the venue of all actions at law and in equity, concerning any matter or controversy grow ng out of or incident to any exerc, ls.e or abu. s.e ~ the privileges and powers granted hereunder, or any default of the oufies or OD{ gafions imposed hereunder, or any controversy concerning rates, in which City is a party, shall be in the State court of competent junsdiction of Srazos County, Texas. Fran- chisee by the exercise of the priwleges and the enjoyment of the benefits of this franch se, expressly agrees in all such matters to submit to the jurisdict{on of the courts of the State of Texas, and hereby expressly waives whatever nghts it may have to be sued orproceeded against ~n any other tnbunal; provided, however, that if the laws of the State of Texas require such matters to be first submitted to a regu atory body of the State of Texas same shall be done before recourse may be had to the State courts, and prowded further that this section ~s subject to the juris- diction of other courts as required by law. Ordinance No. 2046 Page7 SECTION 13 PARTIAL INVALIDITY If any section, sentence, clause, or phrase of this ordinance is for any reason held to be illegal, ultra vires, or unconstitutional, such invalidity shall not affect the valid- ~ty of the remaining portions of this ordinance. In such an event, the parties shall use their best efforts to replace the respective provision or provisions with legal terms approximating the original intent of the parties SECTION 14 PURCHASE OF FRANCHISE This french~se may be purchased from Franchisee by City in accordance with apph- cable state laws and the Charter of City SECTION 15 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Th~s franchise is granted subject to the laws of the United States of America and its regulatory agencies and commissions, and the laws of the State of Texas and its regulatory agencies and commissions, the Charter of C~ty, and resolutions of City, not inconsistent herewith French~see hereby agrees that with regard to the p~pe and other materials and equipment installed it shall provide a certificate that such installation was made in accordance with the laws and regulations pertaining thereto SECTION 16 LIMITATION OF ACTIONS Franchisee hereby agrees that ~t waives its right to plead, as a defense, ~n any cause of action other than ~njury done to a person or injury where death ensued from such ~njury to a person, any statute of limitation less than four (4) years SECTION 17. ACCEPTANCE OF TERMS OF FRANCHISE Franchisee shall have sixty (60) days from and after the passage and approval of th~s ordinance to file its written acceptance thereof with the City Secretary. Upon the sixty-first (61st) day after the third and final reading, ~t may take effect pursuant to City of College Station Charter Section 120 If Franchisee, its successors and assigns, shall faithfully comply w~th all the terms, faithfully perform all the duties and obhgaflons, and faithfully observe and recognize all the hmitaflons and regulabons contained in th~s ordinance and in the valid ordi- nances of City relating to the conduct of Franch~see's bus~ness adopted hereunder or under the police powers of C~ty, then the rights, franchises, and privileges here~n granted shall extend from the date of the acceptance of this ordinance by Fran- chisee through November 30, 2003; otherwise, City, after any matanal breach of the terms of this franchise has been judicially ascertained, may declare all rights granted hereunder to be abated and forfeited, provided that prior to any request for a judicial detarm~nation of a matenal breach of the terms of the franchise C~ty shall give Franchisee thirty (30) days after written notice to remedy the breach of any term of th~s franchise 01/13 Ordinance No 2046 Page 8 At m~dnight on November 30, 2003, ALL rights, franchises, and privileges herein granted, unless they have already at that time ceased, been forfeited, abandoned, or otherwise terminated, shall at once cease and terminate. SECTION 18 RENEWAL OR EARLY TERMINATION OF FRANCHISE A Franchisee shag ve C,ty written notice of any request for renewal of ~ts fran- chise six (6) months prior to expiration of the franchise granted by this ordi- nance. B Franchisee may terminate this franchise prior to the expiration hereof by giv- ing City written notice of such early termination six (6) months prior to the effective date of such early termination SECTION 19 ABANDONING OR TEMPORARILY ABANDONING A PIPING SYSTEM In the event of abandoning or temporarily abandoning a p~peline system or any part thereof it shall be the duty of Company under observation of the City Manager or h~s designee that' A. Facilities to be abandoned or temporarily abandoned in place shall be dis- connected from all sources of the transported fluid hquid such as other p~pe- lines, meter stations, control lines, and other appurtenances; and B. Fac~hties to be abandoned or temporarily abandoned in place shall be purged of the transported fluid and replaced w~th an inert mater~al vented as appropriate and the ends sealed. SECTION 20 TRENCHING All trenching shall be performed in accordance with OSHA Standards, as amended SECTION 21 NOTICES Any notices required by this franchise to City shall be addressed to' C~ty Manager City of College Station Post Office Box 9960 College Station, Texas 77842-0960 Any notice required by th~s franchise to Franchisee shall be addressed to Harvey' SWD Limited 1509 Oldham Lane Abllene, TX 79602 Ordinance No 2046 Page 9 SECTION 22 This franchise may not be assigned w~thout the prior written consent of C,ty. SECTION 23 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 24. Should any section, paragraph, sentence, clause, phrase or word of this ordinance be declared unconstitutional or invalid for any purpose, the remainder of this ordi- nance shall not be affected thereby. SECTION 25 It s hereby found and determined that the meetings at which this ordinance was passed were open to the public, as requ red by Govt. Code §551 002, and that advance public notice of time, place, and purpose of said meetings was g yen. PASSED, ADOPTED, and APPROVED by unanimous vote of the City Council of the City of College Station on the 13th day of Janu==y ,1994 APPROVED. F~rst Consideration & Approval Second Consideration & Approval Third Cons~derat,on & Approval: 11/11/93 12/9/93 1/13/94