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HomeMy WebLinkAbout1994-2073 - Ordinance - 06/23/1994ORDINANCE NO 2073 AN ORDINANCE GRANTING A PIPELINE FRANCHISE ORDINANCE TO ADVANCE HYDROCARBON CORPORATION, A TEXAS CORPORATION, TO GATHER, COLLECT, RECEIVE, TRANSPORT FOR COLLECTION AND STOR- AGE 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, ADVANCE HYDROCARBON CORPORATION, a Texas Corporabon, desires to receive a franchise from the C~ty of College Station, Texas, for the purpose of ubhz~ng and crossing the easements and streets w~thm the C~ty hm~ts of College Stahon, Texas, and WHEREAS, the College Stahon C~ty Council desires to enter into 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 "C~ty"), hereby grants to ADVANCE HYDROCARBON CORPORATION (hereinafter called "Franchisee"), ~ts successors and assigns, consent to use and occupy the present and future streets, alleys, h~ghways, easements, pubhc places, pubhc thoroughfares, and grounds owned or controlled by City for the purpose of laying, mamta~mng, constructing, operating, and replacing therein and thereon p~pehnes and all other appurtenant equipment needed and necessary to gather, collect, transport for collection ~n, out of, and through C~ty to an approved storage or d~sposal s~te or for ~njecbon ~nto a transportahon p~pehne, saltwater used or produced ~n connection w~th o~1 and gas operabons w~th~n the corporate c~ty hm~ts, sa~d consent being granted for the term to expire on June 1, 2004 SECTION 2 PLACEMENT OF COMPANY EQUIPMENT, BARRICADING, AND RESTORATION OF STREETS AND ALL OTHER PUBLIC PROPERTY Franchisee shall lay, maintain, construct, operate, and replace its p~pellne system and other equipment so as to ~nterfere as little as possible w~th traffic and City ubh- bes The placement of all pipelines and other appurtenant equipment shall be sub- ject to the approval of the City Manager or his designee prior to construction Reproducible cop~es of all maps showing the location of all p~pehnes and other appurtenant equipment shall be furnished to the C~ty Manager or h~s 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 pubhc shall be pro- tected by barriers and hghts placed, erected and maintained by Company m corn- Ordinance No 2073 Page 2 phance with Traffic Controls for Streets and H~ghway Construction and Maintenance Operations" of the Texas Manual of Uniform Traffic Control Dewces Franchisee shall repair, clean up, and restore to as good a condition as before commencement of work, all property, publ,c and private, disturbed dunng the construct,on and repair of its system. In the event Franchisee fa~ls to restore the street, alley, h~ghway, public or private property to as good a cond~bon as before the commencement of the work w~thin a reasonable time, C~ty may restore or maintain same, after giwng Franchisee ten (10) days written notice Franchisee 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 construction and other work done by Franchisee ~n the operation of ~ts bus~ness, under and by virtue of this Ordinance, shall be ~n conformance with the ordinances, rules and regula- bons now in force and that may hereafter be adopted by C~ty, and all laws of the State of Texas and United States relabng to the use of streets, alleys, h~ghways, easements, public places, pubhc thoroughfares, and grounds of C~ty SECTION 3 HOLD HARMLESS Franchisee shall protect and hold C~ty harmless against all hab~hty and claims for damages to any person or property by reason of the construchon and maintenance of Franchisee°s system and fac~hbes or ~n any way growing out of the granbng of th~s franchise, e~ther d~rectly or ~nd~rectly, or by reason of any act, neghgence, 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 deci- sion of a court of competent lur~sd~cbon ~n accordance w~th the prows~ons of th~s section, and Franchisee shall ~ndemn~fy and hold C~ty harmless from and on account of all hab~hty, 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 r~ghts and pnwleges of Franchisee, its contractors, agents or employees, hereby granted or the abuse thereof Upon the commencement of any su~t or proceeding at law against C~ty relating to or concermng any matter whereto Franchisee has agreed, as sbpulated above, to indemnify and save harmless C~ty, C~ty shall tender the defense of sa~d su~t or pro- ceed~ng at law to Franchisee, and Franchisee shall thereupon, at ~ts own cost and expense, defend, compromise, or settle the same Any settlement mvolwng a claim or cause of acbon against C~ty shall release City from any and all hab~hty as a result of sa~d claim or cause of action SECTION 4 INSURANCE Franchisee shalJ carry a pohcy or pohc~es of insurance issued by an insurance com- pany or compames authorized to do business in the State of Texas Such pohcy or pohc~es ~n the aggregate shall prowde for the following mm~mum coverages A GENERAL LIABILITY Standard comprehensive general hab~hty ~nclud~ng coverage for premises, operations, explosion, products-completed opera- boris, blanket contractual hab~hty, underground property damage, broad form property damage, independent contractors and personal ~njury Ordinance No. 2073 Page 3 B D Bodily ~nluries, $2,000,000 each occurrence, $2,000,000 aggregate; (2) 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 Business Auto Pohcy must show Symbol 1 ~n the Covered Autos portion of the liablhty sechon in item 2 of the declarations page WORKERS' COMPENSATION (1) Employer's L~abihty hmits 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' 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 ~ts authonzed agent, and shall contain prowmons and warranbng 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 prowded by the Texas State Board of Insurance or ISO (3) Sets forth all endorsements and ~nsurance coverages according to requirements and instruchons contained here~n (4) Shall specifically set forth the notice of cancellabon, term~nahon, or change in coverage provisions to the City of College Station (5) Original endorsements affecting coverage required by th~s section shall be furnished with the certificates of insurance Ordinance No 2073 Page 4 E CITY AS ADDITIONAL INSURED The C~ty of College Stat,on, its officials, employees and volunteers, are to be added as "Additional Insured" to the General L,abd~ty pohcy The coverage shall contain no special hm~tat~ons on the scope of protect,on afforded to the OWNER, ,ts off,- c~als, employees or volunteers SECTION 5 RELOCATION OF COMPANY EQUIPMENT If City1 w~th~n and w~thout the c~ty hm,ts, ~n construcbng ~ts sewers, streets, utd~tles or other pubhc works should require any p~pehnes or other equipment owned or oper- ated by Franchisee under th~s Franchise to be shdted or relocated, such p~pehnes or other equipment shall be sh~fled or relocated by Franchisee at ~ts own expense as and when required by City SECTION 6 LAYING OF LINES IN ADVANCE OF PAVING Whenever C~ty, w~th~n and w~thout the c~ty hm~ts, shall ~ommence to pave any street or alley ~n which any part of the p,pehne system of Franchisee already exists, or in which Franchisee may propose to place ~ts system, Franchisee may be required, at no expense to C~ty, ~n advance of such pawng, to renew such system, if defecbve or inadequate in size, and to lay hnes, or renew the same, ~f inadequate in size or defecbve Franchisee shall be g~ven s~xty (60) days written nobce of the ,ntenbon of C~ty to pave any such street or alley and specifying the new Iocahons for the hnes W~th~n s~xty (60) days from receipt of such not~ce, Franchisee shall ,inflate work and thereafter proceed ~n a workmanhke manner to the complebon of the necessary work If Franchisee should fad 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 cutbng such pavement or excavabng in such paved street or alley for any purpose, except by first obtaining the written permission of the C,ty Manager or h~s designee under such terms and condibons as C~ty may prescribe unless for emergency repairs, ~n which case no permission w~ll be required SECTION 7 MAPS, PLATS, PLANS Franchisee shall submit maps, plats or plans showing the Iocabon, e~ther actual or proposed, of the course and ahgnment of any p~pehne which has not heretofore been constructed, installed, and approved by C~ty Sa~d maps, plats, or plans shall also show an accurate profile of the p~pehne to be ~nstalled and all other ~nfrastruc- ture, whether pubhc or pnvate, w~th~n twenty feet (20') of each s~de of the proposed Iocabon of the p~pehne Any add~bons, deletions or correcbons to the maps, plats or plans submitted to C~ty must be specifically approved by the C~ty Manager or h~s designee Franchisee shall also file w~th the C~ty Manager or h~s designee, maps, plats or plans showing the Iocabon, course and ahgnment of ~ts system m place which has not heretofore been constructed, installed and approved by C~ty and as ,t ~s con- structed m the extraterritorial junsd~cbon of C~ty, and that part of Franch~see's sys- tem wdl be governed by th~s franchise Franchisee hereby agrees that m the event Brazos County, Texas, does not exercise ~ts authority ~n regard to Franch~see's Ordinance No 2073 Page 5 bus~ness ,n C~ty's extraterritorial junsdlcbon that Franchisee wdl submit ~tself to the jurisdiction of C~ty and that part of Franch~see's system wdl be governed by th~s franchise Franchisee agrees and consents to the use of ~ts easements and rights-of-way by City City recognizes that where the use of an easement or nght-of-way ~s restncted and/or exclusive C~ty shall make separate arrangements w~th the property owner However, once such arrangements are made, Franchisee shall not deny access to C~ty prem,sed upon the restrict,veness or exclusivity of ~ts easement or right-of-way grant provided that ~f Franchisee w,th~n such easements or nghts-of-way should require any of Cfty's sewers, utd~bes, other publ,c works or other equipment to be sh~fted or relocated, such sewers, ut,l~bes, other public works or equipment shall be sh~fted or relocated by C~ty, at ~ts own expense, as and when required by Franchi- see C~ty shall protect and hold harmless Franchisee against any claims for damages to any person or property by reason of the use, construchon, relocabon or mainte- nance of City's property, w~thin the Franch~see's easements or rights-of-way SECTION 8 FRANCHISE FEES, RENTAL, ETC A Franchisee agrees to pay as conslderabon for the granbng of this franchise a minimum fee of Five Hundred Dollars ($500) The fee shall be calculated by computing the actual man-hours expended by C~ty staff ~n processing this franchise apphcatlon braes the apphcable hourly rate of each employee B Franchisee shall pay on or before each and every anniversary date of th~s franchise a fee adopted by C~ty Councd resolution and based upon the number of feet of p~peline ~nstalled and ~n use Such franchise fee shall include proJects under construction, sa~d fee to be for the expenses of City ~nvolved ~n adm~n~stenng, ma~nta~mng records, superwslng inspections, and regulating the use and maintenance of Franchlsee's facd~bes located w~thm the jurisdiction of C~ty C Franchisee shall pay on or before each and every anniversary date of th~s franchise a fair rental value adopted by C~ty Councd resolubon and based upon the number of feet of p~pel~ne installed and in use in any street, alley, easement, or other public property owned or controlled by City, but which shall ~nclude proJects under construcbon D Prior to each and every brae Franchisee begins construction of a segment of ~ts system, Company shall obtain a construction and mspecbon permit from the C~ty Manager or h~s designee and pay the fees associated therewith E Each and every bme Franchisee proposes to cross any street, alley, ease- ment or other public property owned or controlled by C~ty, they shall obtain a permit from the C~ty Manager or h~s designee and pay the fees associated therewith Ordinance No 2073 Page6 F Each and every bme 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 h~s designee and pay the fees associated there- with. SECTION 9 DUTY TO SERVE Franchisee hereby agrees that ~t will not arbitrarily refuse to prowde 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 C~ty Council, sa~d hearing to be held w~thin forty-five (45) days from the date of the request for heanng The C~ty Council may (1) order Franchisee to prowde service, (2) amend the fran- chise, (3) revoke the franchise, or (4) take any other acbon necessary to bring Franchisee into comphance w~th the intent of the C~ty Council m granbng th~s fran- chise The C~ty Council shall render its opfmon at its next regular meeting, but ~n no event shall ~t be required to act in less than seven (7) days SECTION 10 INSTALLATION OF METER Franchisee shall install upon or ~mmed~ately adjacent to the premises of each producer a meter of standard type or other approved measunng device for the purpose of measunng accurately the product to be purchased or transported by Franchisee SECTION 11 NOT AN EXCLUSIVE FRANCHISE The rights, pnwleges, and franchises granted by this ordinance are not to be considered excluswe, and City hereby expressly reserves the right to grant, at any bme, hke pnwleges, rights, and franchises as ~t may see fit to any other person or corporation on the same terms and condlbons that th~s franchise ~s granted SERVICE 12 VENUE All the rights and pnwleges granted under th~s franchise are to be performed ~n Brazos County, Texas and the venue of all acbons at law and ~n equity, concermng any matter or controversy growing out of or ~ncldent to any exercise or abuse of the pnwleges and powers granted hereunder, or any default of the dubes or obligations ~mposed hereunder, or any controversy concerning rates, m which C~ty ~s a party, shall be ~n the State court of competent junsd~ct~on of Brazos County, Texas Fran- chisee, by the exercise of the pnwleges and the enjoyment of the benefits of this franchise, expressly agrees ~n all such matters to submit to the junsd~cbon of the courts of the State of Texas, and hereby expressly waives whatever rights ~t may have to be sued or proceeded against m any other tnbunal, prowded, 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 prowded further that th~s secbon ~s subject to the juns- d~cbon of other courts as required by law Ordinance No 2073 Page 7 SECTION 13 PARTIAL INVALIDITY If any section, sentence, clause, or phrase of th~s ordinance ~s for any reason held to be illegal, ultra vires, or unconstitutional, such ~nvahd~ty shall not affect the vahd- ity of the remaining portions of this ordinance In such an event, the parties shall use their best efforts to replace the respechve prows~on or prows~ons w~th legal terms approximating the original ~ntent of the part~es SECTION 14 PURCHASE OF FRANCHISE Th~s franchise may be purchased from Franchisee by City in accordance w~th apph- cable state laws and the Charter of C~ty SECTION 15 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES This franchise ~s granted subject to the laws of the Un~ted States of America and ~ts regulatory agencies and commissions, and the laws of the State of Texas and its regulatory agencies and commissions, the Charter of C~ty, and resolubons of C~ty, not ~ncons~stent herewith Franchisee hereby agrees that w~th regard to the p~pe and other materials and equipment ~nstalled ~t shall prowde a cerbflcate that such installation was made m accordance w~th the laws and regulabons 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 ~njury where death ensued from such injury to a person, any statute of hm~tat~on less than four (4) years SECTION 17 ACCEPTANCE OF TERMS OF FRANCHISE Franchisee shall have s~xty (60) days from and after the passage and approval of this ordinance to file ~ts written acceptance thereof w~th the City Secretary Upon the s~xty-flrst (61st) day after the third and final reading, it may take effect pursuant to C~ty of College Station Charter Sechon 120 If Franchisee, its successors and assigns, shall faithfully comply w~th all the terms, faithfully perform all the dubes and obhgabons, and faithfully observe and recognize all the hm~tabons and regulations contained ~n th~s ordinance and ~n the vahd ordi- nances of C~ty relabng to the conduct of Franch~see's bus~ness adopted hereunder or under the pohce powers of City, then the nghts, franchises, and prlwleges here~n granted shall extend from the date of the acceptance of th~s ordinance by Fran- chisee through June 1, 2004, otherwise, C~ty, after any matenal breach of the terms of th~s franchise has been judicially ascertained, may declare all rights granted hereunder to be abated and forfeited, prowded that prior to any request for a judicial determ~nahon of a mater~al breach of the terms of the franchise C~ty shall g~ve Franchisee thirty (30) days after whiten nohce to remedy the breach of any term of thru franchise Ordinance No 2073 Page 8 At midnight on June 1, 2004, ALL rights, franchises, and pnwleges here~n granted, unless they have already at that brae ceased, been forfeited, abandoned, or other- wise terminated, shall at once cease and terminate SECTION 18 RENEWAL OR EARLY TERMINATION OF FRANCHISE A Franchisee shall g~ve City written notice of any request for renewal of ~ts fran- chise six (6) months pnor to expirabon of the franchise granted by this ordi- nance B Franchisee may terminate th~s franchise pnor to the expiration hereof by giv- City wntten notice of such early termination s~x (6) months prior to the effecbve date of such early termination SECTION 19 ABANDONING OR TEMPORARILY ABANDONING A PIPING SYSTEM In the event of abandoning or temporarily abandomng a p~pehne system or any part thereof ~t shall be the duty of Company under observabon of the C~ty Manager or his designee that A Facd~ties to be abandoned or temporardy abandoned in place shall be d~s- connected from all sources of the transported fluid hqu~d such as other p~pe- lines, meter stations, control hnes, and other appurtenances, and B Facd~bes to be abandoned or temporanly abandoned ~n place shall be purged of the transported fluid and replaced w~th an ~nert material vented as appropriate and the ends sealed SECTION 20 TRENCHING All trenching shall be performed ~n accordance with OSHA Standards, as amended SECTION21 NOTICES Any notices required by th~s franchise to City shall be addressed to C~ty Manager C~ty of College Stabon Post Office Box 9960 College Stahon, Texas 77842-0960 Any nohce required by th~s franchise to Franchisee shall be addressed to Advance Hydrocarbon Corporahon 2506 Clark Lane Bryan, Texas 77805 Ordinance No. 2073 Page9 SECTION 22. Th~s franchise may not be assigned without the prior written consent of City SECTION 23. All ordinances or parts of ordinances In conflict with the provisions of th~s ordinance are hereby repealed SECTION 24. Should any section, paragraph, sentence, clause, phrase or word of th~s ordinance be declared unconshtubonal or invahd for any purpose, the remainder of this ordi- nance shall not be affected thereby. SECTION 25. It ~s hereby found and determined that the meebngs at which this ordinance was passed were open to the pubhc, as required by Govt Code §551 002, and that advance pubhc notice of brae, place, and purpose of sa~d meetings was g~ven PASSED, ADOPTED, and APPROVED by unanimous vote of the C~ty Council of the C~ty of College Staflon on the 23~:d. dayof Jtzne ,1994 APPROVED F~rst Considerabon & Approval Second Consideration & Approval Third Cons~derabon & Approval 6/09/94 6/23/94