HomeMy WebLinkAbout1991-1922 - Ordinance - 10/10/1991ORDINANCE NO. 1922
AN ORDINANCE GRA/~TING A PIPELINE FRANCHISE ORDINANCE TO UNION
PACIFIC TEXAS GATHERING, INC. TO GATHER, COLLECT, RECEIVE,
TRANSPORT FOR COLLECTION AND STORE OIL, GAS, OR OTHER FLUIDS
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, CON-
DITIONS, OBLIGATIONS, AND LIMITATIONS UNDER WHICH SAID FRAN-
CHISE 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 ORDI-
NANCE IS PASSED ARE OPEN TO THE PUBLIC AS REQUIRED BY LAW;
DECLARING AN EMERGENCY SO AS TO SUSPEND THE RULE REQUIRING TWO
SEPARATE READINGS OF AN ORDINANCE BEFORE IT IS EFFECTIVE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Union Pacific Texas Gathering, Inc., desires to re-
ceive a franchise from the City of College Station, Texas for
the purpose of crossing Greens Prairie Road in the city limits
of College Station, Texas; and
WHEREAS, the College Station City Council desires to enter
into a franchise agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEGE STATION, TEXAS, T~AT:
SECTION 1.
USE OF STREETS AND PUBLIC PLACR~
The City of College Station, Texas (hereinafter called
"City"), hereby grants, subject to the limitations specified
in Section 6. hereinbelow, to Union Pacific Texas Gathering,
Inc., (hereinafter called "Company"), its successors and
assigns, consent to use and occupy the present and future
streets, alleys, highways, easements, public places, public
thoroughfares, and grounds owned or controlled by City for the
purpose of laying, maintaining, constructing, operating, and
replacing therein and thereon pipelines and all other appur-
tenant equipment needed and necessary to gather, collect,
transport in, out of, and through City to an approved storage
or disposal site or for injection into a transportation
pipeline oil, gas and other fluids used or produced in connec-
tion with oil and gas operations within the corporate city
limits; said consent being granted for the term to expire on
September 30, 2001.
SECTION 2.
PLACEMENT OF COMPANY EOUIPMENT
BARRICADING, AND RESTORATION OF
STREETS AND ALL OTHER PUBLIC PROPERTY
Company shall lay, maintain, construct, operate, and replace
its pipeline system and other equipment so as to interfere as
Ordinance No. 1922 Page 2
little as possible with traffic. The placement of all
pipelines and other appurtenant equipment shall be subject to
the approval of the City Manager or his designee prior to con-
struction. Reproducible copies of all maps showing the loca-
tion of all pipeline and other appurtenant equipment shall be
furnished to the City Manager or his designee. When Company
shall make or cause to be made excavations or shall place ob-
structions in any street, alley, highway or public place, the
public shall be protected by barriers and lights placed,
erected and maintained by Company in compliance with Traffic
Controls for Streets and Highway Construction and Maintenance
Operations" of the Texas Manual of Uniform Traffic Control De-
vices. Company shall repair, clean up, and restore to as good
a condition as before commencement of work, all property, pub-
lic and private, disturbed during the construction and repair
of its system. In the event Company fails to restore the
street, alley, highway, public 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 giv-
ing Company ten (10) days' written notice. Company shall,
within ten (10) days after receiving a bill, which may include
a penalty of twenty-five percent (25%) for such cost, pay the
actual cost plus the penalty for such service. All construc-
tion and other work done by Company in the operation of its
business, under and by virtue of this Ordinance, shall be in
conformance with the ordinances, rules and regulations now in
force and that may hereafter be adopted by City relating to
the use of streets, alleys, highways, easements, public
places, public thoroughfares, and grounds of City.
SECTION 3.
Company shall protect and hold City harmless against all
claims for damages to any person or property by reason of the
construction and maintenance of Company's system and facili-
ties or in any way growing out of the granting of this fran-
chise, either directly or indirectly, or by reason of any act,
negligence, or nonfeasance of the contractors, agents or em-
ployees of Company; Company shall refund to City all sums
which City may have been required to pay by a decision of a
court of competent jurisdiction in accordance with the provi-
sions of this section; and Company shall indemnify and hold
City harmless from and on account of all damages, costs,
expenses and causes of action that may accrue to or be brought
by any person or corporation at any time hereafter by reason
of the exercise of the rights and privilegee of Company, its
contractors, agents or employees, hereby granted or the abuse
thereof. U~on the commencement of any suit or proceeding at
law against City relating to or oovering any matter wherein
Company has agreed, as stipulated above, to indemnify and save
Ordinance No. 1922 Page 3
harmless City, City shall tender the defense of said suit or
proceeding at law to Company; and Company shall thereupon, at
its own cost and expense, defend, compromise, or settle the
same. Any settlement involving a claim or cause of action
against city shall release City from any and all liability as
a result of said claim or cause of action.
SECTION 4.
INSURANCE
Company shall carry a policy or policies of insurance issued
by an insurance company or companies authorized to do business
in the State of Texas. Such policy or policies in the aggre-
gate shall provide for the following minimum coverages:
GENERAL LIABILITY. Standard comprehensive general lia-
bility including coverage for premises, operations,
explosion, products-completed operations, blanket con-
tractual liability, underground property damage, broad
form property damage, independent contractors and per-
sonal injury:
(1) Bodily injuries, $2,000,000 each occurrence,
$2,000,000 aggregate;
(2) Property damage, $2,000,000 each occurrence,
$2,000,000 aggregate;
B. AUTOMOBILE LIABILITY
(1) Minimum Combined Single Limit of $1,000,000.00 per
occurrence for Bodily Injury and Property Damage.
The Business Auto Policy must show Symbol i in the
Covered Autos Portion of the liability section in
Item 2 of the declarations page.
C. WORKERS' COMPENSATION
(1) Employer's Liability limits of $100,000.00 for each
accident is required.
(2) Texas Waiver Of Our Right 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' Com-
pensation coverage 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.
Ordinance No. 1922 Page 4
D. CERTIFICATES OF INSURANCE
Certificates of Insurance shall be prepared and executed
by the insurance company or its authorized agent, and
shall contain provisions 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)
Sets forth all endorsements and insurance coverages
according to requirements and instructions contained
herein.
(4) Shall specifically set forth the notice of cancel-
lation, termination, or change in coverage provi-
sions to the City of College Station.
Original endorsements affecting coverage required by
this section shall be furnished with the cer-
tificates of insurance.
SECTION 5.
RELOCATION OF COMPANY EOUIPMENT
If City, within and without the city limits, in constructing
its sewers, streets, utilities or other public works should
require any pipelines or other Company equipment to be shifted
or relocated, such pipelines or other equipment shall be
shifted or relocated by Company at its own expense as and when
required by City.
SECTION 6.
LAYING OF LINES IN ADVANCE OF PAVING
Whenever City, within and without the city limits, shall com-
mence to pave any street or alley in which any part of the
pipeline system of Company already exists, or in which Company
may propose to place its system, Company may be required, at
no expense to City, in advance of such paving, to renew such
system, if defective or inadequate in size, and to lay lines,
or renew the same, if inadequate in size or defective. Com-
pany shall be given sixty (60) days' written notice of the
intention of City to pave any such street or alley and speci-
fying the new locations for the lines. Within sixty (60) days
from receipt of such notice, Company shall initiate work and
thereafter proceed in a workmanlike manner to the completion
of the necessary work. If Company should fail to so proceed
and such street or alley is thereupon paved, except in an
Ordinance No. 1922 Page 5
emergency, Company shall for three (3) years thereafter not be
allowed to cut such pavement or excavate in such paved street
or alley for any purpose, except by first obtaining the writ-
ten permission of the City Manager under such terms and condi-
tions as City may prescribe, unless for emergency repairs, in
which case no permission will be required.
SECTION
MAPS. PLATS. PLANS
~mpany.~all submit maps, plats or plans showing th~ loca-
ion, el=~er ~ctual.or proposed, of the course and alignment
~f any pipeline which has ~ot heretofore been constructed,
installed and approved by City.. Said maps, pl~ts, or plans
shall also show an accurate profile of the pipeline to be in-
stalled and all other infrastructure, whether public or pri-
vate, within twenty feet (20') of each side of the proposed
location of the pipeline.
Any additions, deletions, or corrections must be specifically
approved by the City Manager or his designee.
Company shall also file with the City Manager or his designee,
maps, plats or plans showing the location, course and align-
ment of its system in place which has not heretofore been con-
structed, installed and approved by City and as it is con-
structed in the extraterritorial jurisdiction of the City of
College Station, and that part of Company,s system will be
governed by this franchise. Company hereby agrees that in the
event the County of Brazos does not exercise its authority in
regard to Company,s business in the City of College Station
extraterritorial jurisdiction that Company will submit itself
to the jurisdiction of the City of College Station and that
part of Company,s system will be governed by this franchise.
Company agrees and consents to the mutual 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 with the property owner,
but once
such arrangement? are made, Company s~all not deny
mutual.access ~o City premised up?n the restrictiveness or.ex-
cluslvlty of 1ts easement or right-of-way grant. Provided
however, if Company within such easements or rights-of-way
should require any of City's sewers, utilities, other public
works or other equipment to he shifted or relocated, such
sewers, utilities, other public works or equipment shall be
shifted or relocated by City, at its own expense, as and when
required by Company. City shall protect and hold harmless the
Company against any claims for damages to any person or
Ordinance No. 1922 Page 6
property by reason of the use, construction, relocation or
maintenance of City's property, within the Company's easements
or rights-of-way.
SECTION 8.
FRANCHISE FEES. RENTAL, ETC.
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Company agrees to pay as consideration for the granting
of this franchise a fee of Four Hundred Eighty Dollars
($48o.oo).
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Company shall pay on or before each and every anniversary
date of this franchise a fee adopted by Council resolu-
tion and based upon the number of feet of plpeline in-
stalled and in use, but which shall include projects
under construction, said fee to be for the expenses of
City involved in administering, maintaining records,
supervising inspections, and regulating the use and main-
tenance of Company,s facilities located within the juris-
diction of City.
Company shall pay on or before each and every anniversary
date of this franchise a fair rental value adopted by
Council resolution and based upon the number of feet of
pipeline installed and in use in any street, alley, ease-
ment, or other public property owned or controlled by
City, but which shall include projects under construc-
tion.
Prior to each and every time Company begins construction
of a segment of its system Company shall obtain a con-
struction and inspection permit fr~m the City Manager or
his designee and pay the fees associated therewith.
Each and every time Company proposes to cross any street,
alley, easement, or other public property owned or con-
trolled by City, Company shall obtain a permit from the
City Manager or his designee and pay the fees associated
therewith.
Each and every time Company proposes to abandon, tem-
porarily abandon, or re-activate all or any part of its
system, Company shall obtain a permit from the City Man-
ager or his designee and pay the fees associated there-
with.
SECTION 9.
Company hereby agrees that it will not arbitrarily refuse to
provide service to anyone that it is economically feasible for
Company to serve. In the event that a party is refused set-
Ordinance No. 1922 Page 7
vice, said party may request a hearing before the City Council
of City, said hearing to be held within forty-five (45) days
from the date of the request for hearing. The Council may
order Company to provide service, amend the franchise, revoke
the franchise or take any other action necessary to bring Com-
pany into compliance with the intent of the Council in grant-
ing this franchise. The Council shall render its opinion at
its next regular meeting, but in no event shall it be required
to act in less than seven (7) days.
SECTION 10. NOT AN EXCLUSIVE FRANCHISE
The rights, privileges, and franchises granted by this ordi-
nance are not to be considered exclusive, and City hereby
expressly reserves the right to grant, at any time, like priv-
ileges, rights, and franchises as it may see fit to any other
person or corporation on the same terms and conditions that
this franchise is granted.
SERVICE 11. VENUE
The venue of all actions at law and in equity, concerning any
matter or controversy growing out of or incident to any exer-
cise or abuse of the privileges and powers granted hereunder,
or any default of the duties or obligations imposed hereunder,
or any controversy concerning rates, in which City is a party,
shall be in the State courts of competent jurisdiction of
Brazos County, Texas; and Company, by the exercise of the
privileges and the enjoyment of the benefits of this fran-
chise, expressly agrees in all such matters to submit to the
jurisdiction of the courts of the State of Texas, and hereby
expressly waives whatever rights it may have to be sued or
proceeded against in any other tribunal; provided, however,
that if the laws of the State of Texas require such matters to
be first submitted to a regulatory body of the State of Texas,
same shall be done before recourse may be had to the State
courts; and provided further that this section is subject to
the jurisdiction of other courts as required by law.
SECTION 12. PARTIAL INVALIDITY
If any section, sentence, clause, or phrase of this ordinance
is for any reason held to be illegal, ultra vires or uncon-
stitutional, such invalidity shall not affect the validity of
the remaining portions of this ordinance.
SECTION 13. PURCHASE OF FRANCHISE
This franchise may be purchased from Company by City in accor-
dance with applicable state laws and the Charter of City.
Ordinance No. 1922 Page 8
SECTION 14.
COMPLIANCE WITH LAWS,
CHARTER AND ORDINANCES
This franchise is granted subject to the laws of the United
States of America and its regulatory agencies and commissions,
the laws of the State of Texas and its regulatory agencies and
commissions, the Charter of City, and resolutions of City, not
inconsistent herewith.
Company hereby agrees that with regard to the pipe and other
materials and equipment installed it shall provide a certifi-
cate that such installation was made in accordance with the
laws and regulations pertaining thereto.
SECTION 15. LIMITATIONS OF ACTION
Company hereby agrees that it waives its right to plead, as a
defense, in any cause of action other than injury done to a
person or injury where death ensued from such injury to a per-
son, any statute of limitation less than four (4) years.
SECTION 16. ACCEPTANCE OF TERMS OF FRANCHISE
Company shall have sixty (60) days from and after the passage
and approval of this ordinance to file its written acceptance
thereof with the city Secretary. Upon the sixty-first (61st)
day after the third and final reading, it may take effect pur-
suant to City of College Station Charter Section 120.
If Company, its successors and assigns, shall faithfully com-
ply with all the terms, faithfully perform all the duties and
obligations, and faithfully observe and recognize all the lim-
itations and regulations contained in this ordinance and in
the valid ordinances of City relating to the conduct of Com-
pany,s business adopted hereunder or under the police powers
of City, then the rights, franchises, and privileges herein
granted shall extend from the date of the acceptance of this
ordinance by Company through September 30, 2001; otherwise,
City, after any material 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 determination of a mate-
rial breach of the terms of the franchise City shall give Com-
pany thirty (30) days after written notice to remedy the
breach of the terms of the franchise.
Ordinance No. 1922 Page 9
At midnight on September 30, 2001, ~ rights, franchises, and
privileges herein granted, unless they have already at that
time ceased, been forfeited, abandoned, or otherwise termi-
nnted, shell mt once cease end terminate.
SECTION 17. RENEWAL OR EARLY TERMINATION OF FRANCHIS~
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Company shall give City written notice of any request for
renewal of its franchise six (6) months prior to expira-
tion of the franchise granted by this ordinance.
Company may terminate this franchise prior to the expira-
tion hereof, by giving City written notice of such early
termination six (6) months prior to the effective date of
such early termination.
SECTION 18.
ABANDONING OR TEMPORARILY
ABANDONING A PIPING SYSTEM
In the event of abandoning or temporarily abandoning a
pipeline system or any part thereof, it shall be the duty of
Company under observation of the City Manager or his designee
that:
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Facilities to be abandoned or temporarily abandoned in
place shall be disconnected from all sources of the
transported fluid liquid such as other pipelines, meter
stations, control lines, and other appurtenances; and
Facilities to be abandoned or temporarily abandoned in
place shall be purged of the transported fluid and re-
placed with an inert material vented as appropriate and
the ends sealed.
SECTION 19. ~
All trenching shall be performed in accordance with OSHA Stan-
dards, as amended.
SECTION 20. NOTICES
Any notices required by this franchise to City shall be ad-
dressed to:
City Manager
City of College Station
Post Office Box 9960
College Station, Texas 77842-0960
Ordinance No. 1922 Page 10
Any notice required by this franchise to Company shall be ad-
dressed to=
Union Pacific Texas Gathering,
Post Office Box 7
Fort Worth, Texas 76101-0007
I nc.
SECTION 21.
This franchise may not be assigned without the written consent
of City.
SECTION 22.
Ail ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 23.
Should any section, paragraph, sentence, clause, phrase or
word of this ordinance be declared unconstitutional or invalid
for any purpose, the remainder of this ordinance shall not be
affected thereby.
SECTION 24.
It is hereby found and determined that the meetings at which
this ordinance was passed were open to the public, as required
by Article 6252-17, V.A.T.C.S., and that advance public notice
of time, place, and purpose of said meetings was given.
PASSED, ADOPTED and APPROVED by unanimous vote of the City
Council of the City of College Station on the 10th day of
October, 1991.
ATTEST:
City Secretary
APPROVED:
Mayo~
First Consideration & Approval:
Second Consideration & Approval:
Third Consideration & Approval:
9/12/91
9/26/91
10/10/91
LETTER OF ACCEPTANCE OF FRANCHISE
This Letter will serve as our formal acceptance of the
terms and conditions of the franchise agreement granted
to UNION PACIFIC TEXAS GATHERING, INC., on October 10,
1991, by the City of College Station by enactment of
Ordinance No. 1922 for the purpose of gathering, col-
lecting, receiving, transporting for collection and
storing oil, gas, or other fluids used or produced in
connection with oil and gas operations in and around
College Station, Texas, across certain public streets,
alleys, public ways, and public property, necessary or
convenient for rendition of oil and gas operations as
set forth in said ordinance. This ordinance takes
effect on its passage and expires on September 30,
2001.
I acknowledge that failure to file this written accep-
tance with the City Secretary within the number of days
provided for acceptance in the franchise will result in
expiration of the franchise.
UNION PACIFIC TEXAS GATHERING, INC.
Title. -~[to~'ne~-i~-Fac t