Ord 05-89 1/17/1989 ORDINANCE NO. ))�1y
ORDINANCE PERMITTING AND REGULATING THE
CONSTRUCTION, MAINTENANCE AND USE OF A PIPELINE
OWNED BY THE TRUST PIPE LINE COMPANY AND OPERATED
BY THE AMERICAN PETROFINA PIPE LINE COMPANY -
ACROSS, OVER AND UNDER CERTAIN STREETS AND PUBLIC
RIGHTS-OF-WAY OF THE CITY OF WICHITA FALLS;
PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY
WHEREAS, The Trust Pipe Line Company, hereafter referred to
as "The Company", desires use of certain public rights-of-way
within the City of Wichita Falls for the purposes set forth below
pursuant to the provisions of the laws of the State of Texas; and
WHEREAS, the City Council of the City of Wichita Falls has
determined that the Company is entitled to a license authorizing
the use of public rights-of-way in accordance herewith for the
installation and use of a pipeline system; and
WHEREAS, the City Council of the City of Wichita Falls
hereby finds that the proposed use of the public streets and
rights-of-way for such purpose is in the public interest and that
such license should be granted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1: A license for the use of certain streets and
rights-of-way of the City of Wichita Falls is granted to the
Company and accepted by the Company as noted above, subject to
the following terms and conditions.
ARTICLE 1. PURPOSE:
That the City of Wichita Falls (hereinafter the "City")
hereby grants to the Company, and its successors and assigns, a
license to acquire, erect, construct, repair, replace,
reconstruct, maintain, use, and operate in, over, under, along,
and across certain streets, highways, alleys, bridges, and public
ways of the City (hereinafter the "public right-of-way") all
necessary or desirable pipelines, structures or appurtenances
(hereinafter the "facility" or facilities) in connection with a
pipeline (hereinafter the "system") , subject to the provisions of
this ordinance. This ordinance is written to authorize a license
for the installation of a pipeline system in accordance with
plans to be submitted and approved by the City Engineer.
ARTICLE 2. REGULATION OF CONSTRUCTION:
The work done by the Company in installing, constructing,
replacing, reconstructing, maintaining, or repairing the system
shall be subject to and governed by all laws, rules, and
regulations of the City and State of Texas, that are applicable
to insuring the work done does not inconvenience the public in
the use of the public right-of-way including, but not limited to,
the following:
A. Prior to installation or construction of any
significant changes to the system which would require excavation
or for other such disturbances of the right-of-way after the
effective date of this ordinance, the Company shall submit
engineering plans to the City Engineer for review and approval,
pursuant to the standards generally applicable to requests for
licenses to use the public right-of-way. Approval of such plans
will not be unreasonably delayed, withheld or denied by the City,
but the City shall have the right to determine both the location
and depth (if underground) within the public right-of-way where
facilities may be placed.
B. All excavations and other construction in the
streets shall be so carried out as to interfere as little as
practical with the surface use of the streets and sidewalks and
with the surface use of private property, in accordance with any
lawful and reasonable direction given by or under the authority
of the governing body of the City under the police and regulatory
powers of the City necessary to provide for public convenience.
The Company shall, at the company's cost, promptly restore all public
right-of-way excavated or disturbed by the Company to
substantially the same condition as before such excavation and to
the reasonable satisfaction of the City.
C. Except in an emergency, the Company shall not
excavate or disturb any pavement in any public right-of-way or
significant amounts of any unpaved public right-of-way without
first securing the permission of the City Engineer. Such
permission shall not be unreasonably delayed, withheld or denied
if the proposed excavation or disturbance is in accordance with
the terms of this ordinance. The City Engineer shall be notified
as soon as practicable regarding work performed under emergency
conditions.
D. The City shall have the power at any time to order
and require the Company to remove or abate any facility that is
determined to be dangerous to life or property, and in case the
Company, after notice, fails or refuses to comply, the City shall
have the power to remove or abate same at the expense of the
Company, all without compensation or liability for damages to the
Company.
ARTICLE 3. WORK BY OTHERS:
The City reserves the right, subject to further conditions
described in this paragraph, to lay and permit to be laid, storm
sewer, sanitary sewer, gas, water, and other pipelines or cable
or conduits, and to do and permit to be done any underground and
overhead installation or improvement that may be deemed necessary
or proper by the governing body of the City in, across, along,
over or under any public right-of-way occupied by the Company,
and to change any curb or sidewalk or the grade of any street.
In permitting such work to be done, the City shall not be liable
to the Company for any damage so caused, nor shall the City be
liable to the Company for any damages arising out of the
performance by the City or its contractors or subcontractors, not
willfully and unnecessarily occasioned; provided, however,
nothing herein shall relieve any other person or corporation from
liability for damage to the facilities of the system. If the
City requires the Company to relocate, alter, change, adjust, or
conform its facilities because of changes in the grade of a
street or in the location or manner of constructing a water pipe,
sewer pipe, or other underground or aboveground structure owned
by the City, the Company shall make the required alterations or
changes as soon as practicable when ordered in writing by the
City Engineer without claim for reimbursement or damages against
the City. If these requirements impose a financial hardship upon
the Company, the Company shall have the right to present
alternative proposals for the City's consideration. If the City
requires the Company to remove, alter, change, adapt or conform
its facilities to enable any other corporation or person, except
the City, to use, or to use with greater convenience, any public
right-of-way, the Company shall not be required to make any such
changes until such other corporation or person shall have
undertaken with solvent bond to reimburse the Company for any
loss and expense which will be caused by or arise out of such
removal, alteration, change, adaptation or conformance of the
Company facilities; provided, however, the City shall never be
liable for such reimbursement.
ARTICLE 4 . CONSTRUCTION BY ABUTTING OWNERS:
In the event that the governing body of the City authorizes
abutting land owners to occupy space under the surface of any
public right-of-way after the date of this license, such grant to
abutting landowners shall be subject to the rights of the Company
described in this ordinance.
ARTICLE 5. RIGHTS IN THE EVENT OF ABANDONMENT:
In the event that the governing body of the City closes or
abandons any public right-of-way which contains any existing
facilities of the Company, any conveyance of land contained in
such closed or abandoned street, alley, highway or public place
shall be subject to the rights of the Company described in this
ordinance. If such street closure is initiated by the City for a
public improvement project, as described in Article 3, City shall
have the right under Article 3 hereof to require the Company to
relocate its facilities at no expense to the City. In the event
that any portion of the public right-of-way that includes
facilities of the system becomes the subject of condemnation
proceedings, it is agreed that the Company property rights and
interest in such public right-of-way shall be severed from the
City's interest in such proceedings and any such condemnation
awards shall be specifically allocated between the Company's
interest and the City's interest. The City shall make a diligent
effort to notify the Company within a reasonable time of any
condemnation action (or threatened action) filed against the
public right-of-way that affects any facility of the system, or
any proposed sale in lieu of condemnation.
ARTICLE 6. INDEMNITY:
The Company shall indemnify and save and hold harmless the
City and all of its officers, agents, and employees from all
suits, actions, or claims of any character, style, and
description, brought for or on account of any injuries or damages
received or sustained by any person or any property occasioned
by, or arising out of, the erection, construction, replacement,
reconstruction, maintenance, or repair and operation of the system
in the City; and the Company will be required to pay any judgment
with costs, which may be obtained against the City arising out of
such injury or damage.
ARTICLE 7. RECORDS:
The Director of Public Works eity-Emg4neet of the City of Wichita
Falls shall have the right to be kept fully informed as to
matters pertaining in any way to the Company's exercise of its
rights under this ordinance including the installation,
construction, replacement, construction, maintenance, and repair
of the facilities of its system in Wichita Falls. The Company
shall keep complete and accurate maps, construction drawings and
specifications describing the location of facilities of its
system in Wichita Falls. Maps, construction drawings and
specifications kept by the Company in accordance with this
ordinance shall provide for separate and specific identification
of those facilities of the system that are located in the public
right-of-way. Any and all maps, construction drawings, and
specifications required by this ordinance shall be kept and
maintained by the Company. The City shall have the right, at
reasonable times and for reasonable purposes, to inspect such
maps, construction drawings and specifications. The Company
shall fully cooperate in making available its maps, construction
drawings, and specifications for inspection.
ARTICLE 8. NOTICE:
Any notice or communication required in the administration
of this ordinance shall be sent as follows:
Wayne Bartlett, President
Trust Pipe Line Company
P.O. Box 1311
Big Spring, TX 79721
Director of Public Works
city-Bmgimeer
1300 7th Street
P.O. Box 1431
Wichita Falls, TX 76307
ARTICLE 9. FEE: $1. 00
A. This fee represents the lease value of the public
right-of-way to be used by the Company for the construction of
L
new facilities. Any use of public right-of-way other than that
in connection with the construction of facilities described in
plans to be provided by the Company to the City is not authorized
by this ordinance. The fee payment shall be exclusive of and in
addition to all general municipal taxes of whatever nature,
including but not limited to ad valorem taxes, sales taxes, and
special taxes and assessments for public improvements except as
hereinafter provided.
B. The fee established in Article 9A hereof shall not
be affected by any relocation of the Company facilities required
by the City pursuant to Article 3 of this ordinance.
C. The Company agrees to reimburse the City for the cost of inspection of the
Company's initial construction within the city. Such cost shall not exceed$3,000.00.
ARTICLE 10. ASSIGNMENT:
The rights granted by this ordinance inure to the benefit of
the Company, and any parent, subsidiary, affiliate or successor
entity now or hereafter existing. The rights shall not be
assignable without the express written consent of the governing
body of the City of Wichita Falls, except the Company may assign
its rights under this ordinance to a parent, subsidiary,
affiliate or successor entity without such consent, so long as
(i) such parent, subsidiary, affiliate or successor assumes all
obligations of the Company hereunder, and (ii) is bound to the
same extent as the Company hereunder. Any required consent is to
be evidenced by an ordinance or resolution of the governing body
of the City that fully recites the terms and conditions, if any,
upon which consent is given.
ARTICLE 11. LEASING OR DEDICATION OF FACILITIES:
The Company, without the consent of the City, shall not
sublease any of the public right-of-way it uses in connection
with its system to any non-company; provided that the Company
shall have the right to lease or dedicate its system or any
portion thereof, or otherwise make available facilities of the
system to other companies in the ordinary conduct of its
business, so long as the Company retains responsibility for
servicing and repairing the facilities of its system.
ARTICLE 12 . MISCELLANEOUS:
The Director of Public Works is the principal City official
responsible for the administration of this ordinance and the
Company recognizes that questions regarding the interpretation or
application of this ordinance shall be raised initially with said
Director of Public Works.
ARTICLE 13 . ROUTE OF PERMIT:
The route of the facility for which this permit is granted
shall be as shown on the plans, Drawing No. 8562-PL-004E, dated
December 27, 1988, prepared by Gibbs Ellison, Inc. , and the
facilities shall be built in accordance with such plans.
1
ARTICLE 14. EFFECTIVE DATE:
This ordinance is declared to be an emergency measure, and
it shall become effective immediately upon its passage.
PASSED AND APPROVED THIS THE 17TH DAY OF JANUARY, 1989.
M A Y O
ATTEST:
Jiii14
Cit Clerk
Accepted:
By:
President
Approved as to form:
A sistant City Attorney
Ad 295724
Affidavit of Publication
ORDINANCE NA APPROPRIATING THE STATE OF TEXAS
$54,623 FROM GENERAL FUNDS
EQUITY TO ACCOUNT COUNTY OF WICHITA
11-531.4387 FOR THE PURPOSE
OF PURCHASING 143 PARK
LIGHTING POLES AND 152 PARK e re)
(P LIGHTS.
ORDINANCE PERM T ING9AND On this 3rd day of February
REGULATING THE CONSTRUC-
TION,MAINTENANCE AND USE 1989
OF A PIPELINE OWNED BY THE
TRUST PIE LINE COMPANY A.D. personally appeared before me, the undersigned authority
AND RATED BY THE CAN APETROFINA PIPE�LINE; D a r i c e Ming
COMPANY • ACROSS, OVER bookkeeper
AND UNDER CERTAIN STREETS
AND PCITY WICHITA for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
OF THE CITY OF WICHITA FALLS;
PROVIDING FOR PUBLICATION;
AND DECLARING AN EMERG-
Times/Record News, a newspaper published at Wichita Falls in Wichita County,
E ORDINANCE NO.6-89 Texas, and upon being duly sworn by me, on oath states that the attached
ORDINANCE AMENDING
CHAPTER EIGHT, ARTICLE II,I advertisement is a true and correct copy of advertising published
SECTION 8.44 OF THE CODE OF
ORDINANCES REGULATING THE I in o.n e ( 1
FEES FOR SOUCITORS AND ITIN- issues thereof on the following dates:
ERANT MERCHANTS, PROVID-
ING AND EXEMPTION FOR NON F e b r u a r y 3 , 1989
PROFIT ORGANIZATIONS AND
DECLARING AN EMERGENCY.
ORDINANCE NO.7-89
ORDINANCE AUTHORIZING _
VISTA CABLEVISION TO OBTAIN
A SOLICITOR'S PERMIT TO c
ALLOW JONES INTERCABLE TO
CONDUCT A TELEMARKETING Bookkeeper for Times Publishing Company
CAMPAIGN TO FORMER
SUBSCRIBERS. of Wichita Falls
(SEAL) Subscribed and sworn to before me this the day and year first above written.
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