Ord 125-88 11/15/1988 CITY COUNCIL BILL #405-A
ORDINANCE NO. / t-f/
ORDINANCE PERMITTING AND REGULATING THE
CONSTRUCTION, MAINTENANCE AND USE OF A PIPELINE
BY CONOCO 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, Conoco Pipe Line Company, hereafter referred to as
"Conoco", 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 Conoco 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 Conoco
and accepted by Conoco 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 Conoco, 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 Conoco 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, Conoco 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.
Conoco shall promptly restore all public right-of-way excavated
or disturbed by Conoco to substantially the same condition as
before such excavation and to the reasonable satisfaction of the
City.
C. Except in an emergency, Conoco 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 Conoco to remove or abate any facility that is
determined to be dangerous to life or property, and in case
Conoco, after notice, fails or refuses to comply, the City shall
have the power to remove or abate same at the expense of Conoco,
all without compensation or liability for damages to Conoco.
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 Conoco, 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
Conoco for any damage so caused, nor shall the City be liable to
Conoco 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 Conoco 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, Conoco
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 Conoco, Conoco
shall have the right to present alternative proposals for the
City's consideration. If the City requires Conoco 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, Conoco shall
not be required to make any such changes until such other
corporation or person shall have undertaken with solvent bond to
reimburse Conoco for any loss and expense which will be caused by
or arise out of such removal, alteration, change, adaptation or
conformance of Conoco 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 Conoco
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 Conoco, any conveyance of land contained in such
closed or abandoned street, alley, highway or public place shall
be subject to the rights of Conoco 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 Conoco 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 Conoco 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 Conoco's interest and the City's
interest. The City shall make a diligent effort to notify Conoco
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:
Conoco 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 of the system in the City; and Conoco 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 City Engineer of the City of Wichita Falls shall have
the right to be kept fully informed as to matters pertaining in
any way to Conoco'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. Conoco 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 Conoco 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 Conoco. The City shall
have the right, at reasonable times and for reasonable purposes,
to inspect such maps, construction drawings and specifications.
Conoco 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:
President
Conoco Pipe Line Company
600 N. Dairy Ashford
Houston, TX 77079
City Engineer
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 Conoco for the construction of 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 Conoco 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 Conoco facilities required by
the City pursuant to Article 3 of this ordinance.
ARTICLE 10. ASSIGNMENT:
The rights granted by this ordinance inure to the benefit of
Conoco, 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 Conoco 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
Conoco hereunder, and (ii) is bound to the same extent as Conoco
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:
Conoco, 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-Conoco company; provided that Conoco 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
Conoco 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 Conoco
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 begin at the street intersection of General Custer and
Geronimo, and extend northeasterly to David and Sabota Streets,
as shown on the plat attached, such facilities to be built in
accordance with plans prepared by Corlett, Probst & Boyd dated
October 1988.
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 15TH DAY OF NOVEMBER, 1988.
M A Y O R
ATTEST:
Ci Clerk
Accepted:
Conoco Pipe Line Company
By:
President
V
Ad 287458
Affidavit of Publication
THE STATE OF TEXAS
ORDINANCE NO.123-88
ORDINANCE CANCELING THE COUNTY OF WICHITA
FIRST REGULAR CITY COUNCIL
MEETING OF DECEMBER, 198
(Pi ORDINANCE NO.124-88 tre)
ORDINANCE WAIVING SEC-
TION November
22-1(a)(9)OF THE CODE On this day of
OF ORDINANCES TO PERMIT
THE POSTING OF ADVERTISING
SIGNS AT WEEKS AND HAMIL- 1988
TON TENNIS CENTER, JUNE 1
9-16, 1989 A.D. personally appeared before me, the undersigned authority
ORDINANCE NO.125-88 Dar . c e Ming
ORDINANCE PERMITTING AND bookkeeper
REGULATING THE CONSTRUC-
TION,MAINTENANCE AND USE for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
OF A PIPELINE BY CONOCO PIPE
LINE COMPANY - ACROSS,
OVER AND UNDER CERTAIN Times/Record News, a newspaper published at Wichita Falls in Wichita County,
STREETS AND PUBLIC RIGHTS-
OF-WAY OF THE CITY of Texas, and upon being duly sworn by me, on oath states that the attached
WICHITA FALLS; PROVIDING
FOR PUBLICATION; AND advertisement is a true and correct copy of advertising published
DECLARING AN EMERGENCY ``
ORDINANCE WAIVING IV NG APP in one ( 1 ) issues thereof on the following dates:
,ORDINANCE WAIVING APPEN-
DIX A SUBDIVISIONS SECTION 9
(B) (2) (a) OF THE CODE OF
ORDINANCES WITH RESPECT TO; November 25 , 1988
PLACING CURB AND GUTTER j
ON SUNSET LANE,LOT 4,BLOCK r s
37 OF THE JOHN HIRSCH,SUB-
DIVISION(A REPEAT OF A POR- %a.N..i......C: \ Y k;'v\;9
TION OF BLOCK 37) I
Bookkeeper for Times Publishing Compan
of Wichita Falls
(SEAL) Subscribed and sworn to before me this the day and year first above written.
t% I`Il j 3CINE LEWIS
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RECEIVED 6P9 ---,a,,,.h,„ ;;,...u,.:
CITY CLERK'S OFFICE
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