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HomeMy WebLinkAboutContract 8611 CONSENT AGREEMENT CITY SECRETARY %1-1/ '6 'rdE STATE OF TEXAS CONTRACT NO. COUNTY OF TARRANT THIS AGREEMENT made and entered into the jf day of 19 b y and between the City of Fort Worth, a municipal corporation of Tarrant County, Texas, acting herein by and through R. N. Line, its duly authorized City Manager, and The Permian Ccr oration F- fox 1183 Houston, Texas 77001 - Encroachment - Two 6 inch Oil Pipelines in the Railroad right-of-way north approximately 1900 feet. hereafter referred to as Grantee. W I I N E S S E T H: 1. For and in consideration of the payment by Grantee of the annual charges set out below and the true and faithful performance of the mutual covenants herein contained, the City of Fort Worth hereby grants to Grantee the permission to en- croach upon, use and occupy portions of the space on and/or above the public streets for the purposes as described and located in Exhibit "A" attached hereto, said Exhibit "A" is incorporated herein by reference and is to be considered as a part of this instrument. 2. All construction, niaintenance and operation in connection with such encroach- ment and use shall be performed in strict compliance with the Charter, Ordinances I o, 3-22 New 'I 1 5--t-rr-04 h 1-20400 visa FT ,�11 Tra. and Codes of the City of Fort Worth and in acclordance with the directions of the Director of Public Works of said City, Ali plans and sD�cifications therefor shall 'ce subject to tte prior approval of 1-he D"ractor of Public Works, but such approval shall not relieve Grantee of responsibility for concept, design and computation in the preparation of such plans and specifications. 3. Upon completion of construction and thereafter, there shall be no encroach- ments in, under, on or above the surface area of the streets and sidewalks, involved, except as shown on Exhibit "A" referred to in paragraph 1. 4� The Grantee, at no expense to the City, shall make Proper provision for the relocation and./or installation of any utilities affected by such encroachment and use including the securing of approval and consent from the utility companies and the appropriate agencies of the State and its political subdivisions. In the event any installation, reinstallation, relocation or repair of any existing or future utility or improvements owned or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, mainten- ance or existence of such encroachment and use, Grantee shall pay to the City an additional amount equal to such additional cost as determined by the Director, of Public Works of the City of Fort Worth. 5. in order to der-ray a!-'L costs of inspection and supervision which the City of Fort Worth has incurred or might incur as a result of the construction, reconstruc- tion or maintenance of the enroaChments and u,,es provided for by this contract and 73-212 New 1--20400 agreement, Grantee binds and obligates itself, its heirs and assignees to pay' to the City of Fort Worth at the time this agreement is executed the sum of Dollars ($0.00 ) ; and Grantee further agrees, binds and obligates itself, its heirs and assignes to pay to the City of Fort Worth the sum of Thirty and nOL1OQ----------------------- Dollars ($30.00 ) per annum for each year thereafter during the term hereof, the first such annual payment becoming due on or before the first day of January, 1976 , and a like amount be- coming due and payable on or before the first day of each January thereafter during the term hereof. In the event that the City Council of the City of Fort Worth determines that the amount of any such annual payment has not defrayed, or will not defray, all of the costs of inspection and supervision, the City may, as often as necessary, adjust the amount of such annual payments to be made by Grantee; and in the event of such adjustment of the amount of said annual payments, Grantee covenants and agrees to pay to the City on or before the first day of January of each year during the remaining term of this contract, or until another such adjust- ment, the amount of the adjusted annual payments. 6. The initial term of this agreement shall be twenty-five (25) years, commenc- ing on the date this agreement is executed. 7. Upon the termination of this agreement for any reason whatsoever, Grantee shall, at the option of the City and at no expense to the City, restore the public streets and adjacent supporting* structures to a condition acceptable to the Director of Public Works and in accordance with then ex sting Citv specifications. -3- /3-22 New It is further understood and agreed between the parties hereto that the legal title to city streets, which includes the portions of such streets used and en- croached upon as described herein, belongs to the State, and the City of Fort Worth exercises such powers over the streets as have been delegated to it by the Consititution of the State of Texas or by the Legislature; that the City of Fort Worth holds the streets as trustee for the Public: and that the City of Fort Worth cannot contract arjav its duty and its legislative power to control the streets for the use and benefit of the public. It is accordingly agreed that if the governing body of the City of Fort Worth, to wit, its City Council, should at any time during the term hereof determine in its sole discretion to use or cause or permit the said portions of the streets to be used for any other public pur- pose, including but not being limited to underground, surface or overhead communication, drainage, sanitary sewerage, transmission of natural gas or elec- tricity, or any other public purpose whether presently contemplated or not, then this agreement shall be automatically cancelled and terminated as provided in the preceding paragraph. 9. Grantee agrees to Comply fully with all applicable federal, state and muni- cipal laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of said encroachments and uses. I 10. -Grantee agrees to pay promptly when due ali fees, taxes or rentals provided for by this agreement or any federal , state or local statute, law or regulation, -4- 73-22 New 1-20400 Granree covenants and agrees to inderinify, and does hereby indemnify, hold harmlez;s and defend, the City of Fort Worth, its agents, servants or employees, fr_­m and against any and all claims for damages or injuries to persons or pro- perty of whatsoever kind or character, whether real or asserted, arising out of or incident to the construction, maintenance, occupancy, use, existence or loca- tIon of the said encroachments and uses; and Grantee hereby assumes all liability and responsibility for injuries, claims or suits for damages to persons or proper- ty, of whatsoever kind or character, whether real or asserted, occurring during the term of this agreement and arising out of or by reason of the construction, maintenance, occupancy, use, existence or location of the said encroachments and Uses 12. Grantee agrees to furnish proof that he has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "A". The amounts of such insurance shall be not less than the following: Property damage, per accident $ 50,000 Personal injury or death, per person 100,000 Personal injury or death, per accident 300,000 with the understanding of and agreement by Grantee that such insurance amounts may be revised upward at Grantor's option and that Grantee covenants and agrees to so revise such amounts within thirty (30) days, following notice to Grantee of such requirement. -5- 13-22 New 1-- 20400 Grantee agrees, binds and obligates itself, its heirs and assignees to main- tain and keep in force such liability insurance; proof of maintenance of such is Alts insurance shall be submitted w4th the annual payments under the same conditions and time as set out in Section 5. Each such insurance policy shall Provi-de that it cannot be cancelled or amended without a mininium of- thirty (30) days' advance no-Lice to the City, Grantee agrees to deposit with the City of Fort Worth when this agreement is executed a sufficient sum of money to be used to pay necessary fees to record chis consent agreement in its entirety and in the deed records of Tarrant County, Texas After being so recorded, the original hereof shall be returned to the City SEcretary of the City of Fort Worth, Texas, 14. This agreement shall be binding upon the parties hereto, their successors and assigns, EXECUTED this day of CITY OF FORT WORTH t By A R. N. Line City Manager AITEST' j City Secretary FORM A-';.%!D LEGALIT"17: ,PPROVED AS To City z'ittorney B y 17 7Z 5Z y t:�7�27'74, 75 AT" ESF py yv't 3- -6- n rc City of Fort Worth, Texas Cat,uytdl Communication ,�Yor and ONE UMEME, rnra,naa..s p n.`opaoann,rt 1Revisions inn Free Sche PAGE AUMBER dupe - Encroachments in the Pub- `, H/6/72 tp 1UL tt rp.nt do pwt r ._ .. ..... _._ ...... __.._ . -. .e..... ,.... �a ��f _e�y_�... ___ . . _ mm __..__ .. Chapter 45 of the Building Cn";o-+d (Ordinance Nan 4) specifies conditions under which encroachments in the public right-of-way may be constructed including requirements for liability insurance, execution of a consent agreement with the City, and payment tent:, o inspection partct..ionn t c es. Present "Fee Schedule On May 25, 1970 0 i C G-1573) ,, ra policy was adopted governing the encroachment of signs, marquees, ante. , into public property. This policy regulates the height at which these items may be placed and the " tom°nc they may extend into the r p.ght ant ayt w It further er sets the inspection fees for such encroach- ments t �d .rt t n 33y nr .� u nw rpp p thereafter ter for the term r the o se t I, agreement. Inspection fees for encroachments such as over-street and below-street building spaces have pactaenn established by City Council ctionn or;: consent regime nt presented to the ,it dnnurunnc;p.p. for its approval. A.list aunt" these ,r me nt currently in effect and the annual fees charged is attached. On April 19, 1971 (M&C C-1964) , as onn,sctru-nt agreement was prparrnved with the Part tdtrt°h National Bank for various over--head and under-street encroachments to be constructed as part of the bank's new u.w t p.c'ti npp. The ee charged were recommended by ax City SLaff committee, and the Council was advised at that time Erns", thant the °~tt;,afp would sItb,ndti nx;nscin'g encroachment polp.tl:""y and rec,d,annnnnenncp as uniform, equitable method of fixing fees, for all current and future encroachments, commensurate with the coats of processing prp l do ns and performing nannnn;ua l inspections. ectionns. Costs s p"nnaa,rnr!n eat tnn'n'p:;ocan„r.ionn and rad".p.ran ,:rlist";r:°at„n 've costs for processing nn:i encroachments are estimated as ,fdo p,,pd.fldm?s w tdr c'n,n;^S �an ttncy,, d n,ng Division: Processing of ApaluaJlicw,at.b„u.ru;n $15 Legal, Administrative and City Council Review and Action t',r45 Prop.esr tontt, Filing and ttu cordp nn��,.;, crntt p ucra l Expense! GOT tpT Annual, pa'a�w d tionl t nPnnrt C'r pAapnart.,nnnard°nt m Filing ,.k11!d Processing Building ttuowcp.,ndcpou`nt Filing and Processing Division %��� p.n`upGr�rrr�p��,.annt� Building o.ctar't t ,pn;e Prwa^rramrnttacanu su fi0 „p. n ,u iCJr DATE REFERENCE SUFUECT: Proposed Revisions in Fee PAGE NUM13ER Schedule - Encroachments in the 2 3 11/6/72 G-2101 of - V For small encroachments such as signs the fees currently being charged are no longer sufficient to cover the costs, while those being charged for over- head building structures generally exceed the actual costs. It is therefore proposed to revise the schedule of fees for encroachments so that charges are commensurate with the cost of services performed. For overhead or understreet structures, the Courts have ruled that the City of Fort Worth may not charge fees based on the value of the space used, but it may be entitled to reimbursement in the form of an inspection fee for expenses of inspection, supervision, maintenance, or other proper functions of the City caused by the encroachment, The proposed schedule increases the fees for signs, marquees, overhead wires, etc, , but generally reduces those for building extensions to a level consistent with the Court ruling. Reduc- tion of the fee schedule is consistent with the concepts of the Halprin Plan for future development of the Central Business District. This plan proposes to help offset the obstacles to redevelopment of the CBI resulting from small City blocks by encouraging over and under street connections of private pro- perty, The annual inspection fee for the Group Two encroachments listed below is less than the Group One encroachments because these items are given only on-site checks of the condition of the pavement above the conduit, condition of the wire covering, etc, In order to more accurately reflect the actual costs of inspections for building extensions above or below the right-of-way, a sliding scale is proposed for both the initial and annual fees for such structures as follows: Application Fee Annual Inspection Fee Type of Encroachrent Present - Proposed Present - Proposed Group 1. Awnings, marquees $100 825.00 $50.00 signs Group 2, Overhead wires, 50,00 100,00 10.00 30.00 underground conduits pipes and boxes Group 3. Others, including Negotiated .005 per Negotiated 1/10 of overhead walkways, cubic foot; applica- u Oder-or-over-street minimum of tion fee, building extension $'00 rounded minimum to nearest of $50 '310 rounded to near- est $10 DATE REFERENCE SUBJECT: Proposed Revisions in Fee Sche- i PAGE NUMBER dule - Encorachments in the Pub- 3 3 Effect of Existing Encroachment Agreements The staff has reviewed existing consent agreements for encroachments in the public right-of-way to determine the effect of the proposed fee schedule-, As a result of these changes, annual revenue will be reduced from approxi- mately $29,000 to $1,900. It is proposed that the staff be authorized to prepare amendments to existing consent agreements and apply the revised fee schedule described above; and further, that the staff be authorized to take necessary steps to obtain consent agreements for all other existing encroachments for which no agree- ments exist, Recommendations It is recommended: 1) That an ordinance be adopted establishing the schedule of inspection fees for encroachments in the public right-of-way as set forth above; 2) That the application of the new fee schedule be authorized on all existing encroachments where no consent agreement exists and on all consent agreements currently in force, with the amended consent agreements becoming effective on the annual renewal date, and 3) That the City Manager be authorized to execute the amended consent agreements and consent agreements on existing encroachments not covered by an agreement. RNL:mj Attach, —----------------------------- --------- ------------- ---- --------- ---------- QUBMITTED BY! DISPOSITION By COUNCIL: PROCESSED BY APPROVED OTHER (DESCRiBE) C�W SECRETARY ........... DATE CITY MANAGER