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HomeMy WebLinkAboutOrdinance 10530 y > d . f r ORDINANCE NO. AN ORDINANCE PERMITTING AND REGULATING THE CONSTRUC- TION, MAINTENANCE AND USE OF A SUBSURFACE LIQUID PETROLEUM PRODUCTS PIPELINE BY KOCH REFINING COMPANY ACROSS , OVER AND UNDER CERTAIN STREETS , HIGHWAYS , PUBLIC RIGHTS-OF- WAY, AND CERTAIN PARK PROPERTY OF THE CITY OF FORT WORTH; MAKING THIS ORDINANCE CUMULATIVE OF ALL PROVISIONS OF ORDINANCES AND THE CODE OF THE CITY OF FORT WORTH ( 1985 ) , AS AMENDED, AND REPEALING ALL PRIOR ORDINANCES IN DIRECT CONFLICT HEREWITH, SPECI- FICALLY INCLUDING THE REPEAL OF ORDINANCE NO. 10375; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Koch Refining Company, a Delaware corporation, here- inafter referred to as "Koch" , desires the use of certain public street rights-of-way and park property within. the City of Fort Worth, for the purposes set forth below, pursuant to the previ- sions of the laws of the State of Texas; and WHEREAS, it is the position of the City of Fort Worth that Koch must obtain a license in order to use the public rights-of- way and park property; and WHEREAS, the Fort Worth City Council has determined that it is appropriate to grant said license to Koch; and WHEREAS, the Fort Worth City Council has previously adopted Ordinance No. 10375 relating to the grant of a license to Koch; and WHEREAS, Koch has requested and Fort Worth has agreed to repeal said Ordinance No. 10375 and to adopt this ordinance in substitute therefor; and WHEREAS, in regard to the use of City park property, the City Council has conducted a public hearing pursuant to Chapter 26 , Texas Parks and Wildlife Code, on January 23, 1990 ; and WHEREAS, the City Council has determined that there is no feasible and prudent alternative to the use of the park property for the purpose herein stated and that all reasonable planning has been done to minimize harm to the park land; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 . PURPOSE THAT the City of Fort Worth (hereinafter referred to as the "City" ) hereby grants to Koch for the full term of forty ( 40 ) years from the date of passage of this ordinance, a non-exclusive license ( "License " ) to install , maintain , repair , replace , operate and remove in, under, along and across certain streets and other public rights-of-way of the City and across certain City park property (hereinafter collectively referred to as the "Licensed Area " ) , a single underground fuel pipeline fourteen inches ( 1411 ) in diameter for the transportation of liquid petroleum products and all structures and appurtenances necessary therefor (the "Pipeline" ) , subject to the provisions of this ordi- nance. The public right-of-way which Koch shall 'use pursuant to this ordinance shall be the following, as same are encountered on 2 the route shown specifically on Exhibit "A" attached hereto and incorporated herein by reference for all purposes incident here- to: ROSEDALE STREET ARGYLE AVENUE AVENUE D RIVERSIDE DRIVE VICKERY BOULEVARD LANCASTER AVENUE BEACH STREET FIRST STREET BELL SPUR MOSIER VALLEY ROAD AMERICAN AIRLINES BOULEVARD FAA BOULEVARD TRINITY BOULEVARD The system will cross or run along approximately 5 , 206 linear feet of City right-of-way. In addition, pipeline will cross or run along approximately 680 linear feet of City park property located in Gateway Park , as more specifically described in Exhibit "B" attached hereto and incorporated herein. SECTION 2 . REGULATION OF CONSTRUCTION The work done by Koch in installing, maintaining, repairing, replacing, operating and removing the Pipeline shall be subject to and governed by all applicable federal, state and local laws , rules and regulations . Koch shall further comply with all City requirements, regulations and directives to insure the work done does not inconvenience the public in the use of the Licensed Area, including but not limited to the following: A. Prior to any construction, maintenance or other changes to the Pipeline which will require any digging, cutting, occupa- tion, or any other such disruption of the City right-of-way or 3 City property after the effective date of this ordinance , Koch shall submit engineering plans and construction schedules to the City for review and approval, pursuant to the standards generally applicable to requests for the privilege to use the public right- of-way, including the City' s utility location and coordination policy. Approval of such plans will not be unreasonably delayed, unreasonably withheld or unreasonably denied by the City. B. All excavations, construction, or maintenance in the streets shall be carried out so as to interfere as little as practicable with the surface use of the streets and sidewalks and with the surface use of public or private property, in accordance with any lawful and reasonable direction given by or under the authority of the governing body of the City or under the police and regulatory powers of the City necessary to provide for public convenience . Koch shall as promptly as is practicable and reason- able in the circumstances restore all public right-of-way and property excavated by Koch to substantially the same condition as before such excavation and to the reasonable satisfaction of the City. Koch shall comply with all other construction requirements of the City and its Transportation/Public Works Director with respect to hours of construction and/or maintenance operations in busy peak traffic hours , barricading requirements , and/or any other reasonable construction rules which may be lawfully promul- gated. Koch shall further comply with all reasonable require- ments of the City' s Park and Recreation Director regarding work done on City park property. 4 C. Except in an emergency, Koch shall not excavate any pave- ment in any public right-of-way or significant amounts of any unpaved public right-of-way or other City property without first securing the permission of the City, but such permission shall not be unreasonably delayed, unreasonably withheld or unreason- ably denied if the proposed excavation is in accordance with the terms of this ordinance . The City 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 Koch to remove or abate any Koch system facility that is unreasonably dangerous to life and/or property. In the event Koch, after notice, fails or refuses to comply, the City shall have the power to remove or abate same at the expense of Koch, all without compensation or liability for damages to Koch, PRO- VIDED THAT the City gives twenty-four L241 hours ' actual notice to Koch of its intent to remove or abate a system facility, so that the pipeline may be shut off . SECTION 3 . NONEXCLUSIVE LICENSE ; WORK BY OTHERS A. This license is nonexclusive and is made expressly sub- ject and subordinate to ( 1 ) the right of the City to use the Licensed Area for any purpose that the governing body of the City may deem necessary or proper, and ( 2 ) the rights of any other governmental entity, and ( 3 ) the rights of any person, corpora- tion or other entity having an existing franchise or other use agreement covering the Licensed Area as of the effective date of this Ordinance (the "Permitted Users " ) . 5 B. City may require Koch, upon reasonable notice, to relo- cate its pipeline system because of changes in the grade of a street or to accommodate any other use of the Licensed Area required or permitted by the City. In the event relocation is required in order to enable the City, other governmental entity, or a Permitted User to use, or use with greater convenience, the Licensed Area, Koch shall perform the required relocation as soon as practicable, at Koch ' s sole expense and without claim for reimbursement or damages against the City. C. In the event City requires Koch to relocate its pipeline system for the benefit of any person, entity or corporation (Non-Permitted User) other than the City , other governmental entity, or a Permitted User, it shall be a condition precedent to Koch' s obligation that such Non-Permitted User shall have under- taken with solvent bond to reimburse Koch for any such loss and expense which will be caused by or arise out of such relocation of Koch' s pipeline system. D. In the event any relocation hereunder involves that portion of the Pipeline located within City park property, City shall provide alternate right-of-way to Koch without charge . SECTION 4 . USE: SAFETY PROVISIONS (a) Koch agrees that the design, construction, operation and maintenance of the pipeline shall fully meet the requirements of the Texas Railroad Commission and the United States Department of Transportation as set forth in the Code of Federal Regulations , as well as all other applicable standards , laws , rules and regulations . 6 (b) Koch further agrees to the following conditions for the installation, operation and maintenance of the Pipeline: ( 1 ) minimum of five feet of soft fill cover; ( 2 ) erosion controls with bi-annual testing to determine depth of cover; ( 3 ) installation of a warning tape or warning material one to two feet above the Pipeline; (4) where applicable, the Pipeline shall be gradually deepened as it runs under stream and river beds in order to maintain the minimum five feet of cover in all areas; ( 5 ) warning signs shall be placed at 1 , 000 foot intervals for the entire distance that the Pipeline runs through City right-of-way or property; ( 6 ) the Pipeline shall be constructed of smooth steel which is of at least . 219 inch thickness X-65; ( 7 ) nondestructive testing at the following intervals shall be conducted utilizing industry standard ' s best available technology to examine pipe wall thickness and potential pitting: every five (5 ) years during the first ten ( 10) years of this License, every three ( 3 ) years during the second ten ( 10) years, and every one and one-half ( 1-1/2 ) years during the final twenty (20) years of this License; ( 8) a phone link communication and supervisory control system will be in place when Pipeline operations commence and will be upgraded to a satellite communication and supervisory control system as soon as such satellite system is reasonably available to Koch (such system shall be manned continuously - 24 hours a day, 365 days a year - although 7 temporary interruptions in supervisory control caused by maintenance, repair or improvement of the equipment involved in the furnishing of supervisory control or caused by other matters beyond the reasonable control of Koch may occur) ; ( 9) a leak detection system will be installed which scans the entire Pipeline at four to five second intervals; ( 10) the cathodic protection system shall be designed so that it will not interfere with adjacent utilities; and ( 11 ) the Pipeline shall only carry liquid petroleum products (e. g. gasolines, diesels and aviation fuels) . No butane, propane, or natural gas will be transported through the Pipeline. SECTION 4 . CONSTRUCTION BY ABUTTING OWNERS In the event that the governing body of the City of Fort Worth authorizes abutting landowners to occupy space under the surface of any public right-of-way after the adoption of this ordinance, such grant to abutting landowners shall be subject to the prior rights of Koch described in this ordinance. SECTION 5 . RIGHTS IN THE EVENT OF ABANDONMENT OF PUBLIC RIGHT-OF-WAY In the event that the governing body of the City of Fort Worth closes or abandons any public right-of-way which contains the system of Koch installed hereunder, any conveyance of any interest in the land contained in such closed or abandoned street, alley, highway or public place shall be subject to the rights of Koch described in this ordinance. In such event, the rights of Koch shall be confined to a ten ( 10) foot wide non- exclusive license , the centerline of which shall be the 8 centerline of the Pipeline. 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 Koch's 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 Koch's interest and the City's interest . The City shall make a diligent effort to notify Koch within a reasonable time of any condemnation action (or threatened action) filed against the public right-of-way that affects any facility or the system, or any proposed sale in lieu of condemnation. In the event any such public right-of-way is sold by the City in lieu of condemnation, the monies paid therefor shall be apportioned between the City and Koch in the same manner as an award in condemnation proceedings . SECTION 6 . REMOVAL OF PIPELINE At such time as this License expires by its terms or is terminated in accordance herewith, Koch, upon its receipt of written notice issued by the City, shall, within a reasonable period of time, remove the Pipeline from the Licensed Area, and shall restore such area to its former condition. If Koch fails to remove the Pipeline and restore the Licensed Area within a reasonable period of time after its receipt of such notice, or if such work is not done to the reasonable satisfaction of the City, then in either event the City shall have the additional right, at its option, to do all work necessary to restore such area to its former condition or cause such work to be done, and to assess the reasonable cost of such work against Koch. 9 SECTION 7 . INSURANCE (a) Koch shall obtain and maintain during the term of this License the following policies of insurance with companies reasonably satisfactory to the City: ( 1 ) Commercial general liability insurance , with a company approved to do business in the State of Texas , including contractual liability and independent contractor coverage , insuring against bodily injury and property damage, naming the City as additional insured, to protect the City from and against any and all claims for damages to persons or property arising hereunder, to the extent of the amount of insurance specified in this Section ( 7 ( a ) ( 1 ) . Such insurance shall be in the amount of $2 , 000 , 000 per occurrence and in the aggregate. ( 2 ) Umbrella excess liability insurance against bodily injury and property damage, naming the City as additional insured, to protect the City from and against any and all claims for damages to persons or property arising hereunder, to the extent of the amount of insurance specified in this Section 7 (a) (2 ) . Such insurance shall be in the amount of $8,000, 000 per occurrence and in the aggregate that follows the form of and is in excess of the commercial liability coverage referenced above. (3 ) Pollution liability insurance of a type and amount from time to time reasonably available to Koch in the insur- ance marketplace . Upon final passage of this ordinance, 10 Koch will evidence insurance of this type in the amount of $10, 000, 000 . The City acknowledges , however, that insurance of this type and amount may not be reasonably available to Koch in the future. For so long as insurance of this type is reasonably available to Koch, such insurance shall name the City as additional insured, to protect the City against any and all claims for damages to persons or property arising hereunder, to the extent of $10 , 000 , 000 or such lesser amount as may then be reasonably available to Koch . Deductibles on this type of insurance, if any, shall be the sole responsibility of Koch, so long as the deductibles are disclosed to the City upon request . It is understood and agreed that the coverage provided to the City as additional insured under the coverage to be obtained pursuant to Section 7 (a) ( 2 ) and this Section 7 (a) ( 3 ) shall not exceed a combined annual aggregate of $10 , 000 , 000 . Koch shall carry all insurance at its sole expense and shall provide certificates of insurance to the City that shall indicate that no cancellation will be effective without first giving thirty ( 30 ) days written notification to the City. The insurance must be maintained and evidence provided throughout the term of this License. (b) It is understood and agreed that Koch or Koch ' s contrac- tors shall at all times while engaged in the installation, mainte- nance, repair or replacement of the Pipeline during the term of this License carry the following minimum insurance with companies 11 approved to do business in the State of Texas and reasonably satisfactory to the City, insuring Koch against any and all claims for injuries to persons or damage to property as a result of or arising out of such installation, maintenance, repair or replacement by Koch or Koch ' s contractors of the Pipeline: ( 1 ) Workers compensation insurance as required by Texas law with the policy endorsed, where available, to provide a waiver of subrogation as to the City , and employer ' s liability insurance of not less than $500 , 000 per accident . ( 2 ) Commercial general liability insurance, including completed operations, independent contractor and contractual liability, insuring each contractor ' s liability for bodily injury, and for damage to property of third parties , in the amount of $500 , 000 per occurrence and in the aggregate . Each contractor 's policy shall name the City as additional insured . ( 3 ) Commercial auto liability insurance , covering owned, hired and nonowned vehicles, with minimum limits of $500 , 000 per accident, for bodily injury and property damage combined . The City shall be named as additional insured. (4 ) During initial construction of the Pipeline and during repairs or major alterations thereof , Koch ' s contractor shall obtain umbrella excess liabiltiy coverage insuring the contractor for an amount not less than $5 , 000 , 000 combined single limit, for bodily injury and property damage liability, including death, in excess of the liability coverage required above , with the City as additional insured. 12 ( c ) It is understood and agreed that where the phrase ,com- mercial general liability insurance " is used in this Section 7 it shall mean with respect to renewals thereof , the then standard form adopted by Insurance Services Office, Inc . , or its industry successor. The commercial general liability insurance must be at least as broad as the then standard form. The umbrella coverage must follow the form of the underlying commercial general lia- bility. The City acknowledges that , while Koch is currently evidencing "occurrence" coverage under such insurance, this type of coverage may not be reasonably available to Koch in the future and that, accordingly, such "occurrence" coverage may be amended at some future date, without the prior approval of the City, to "claims made" coverage if such "occurrence " coverage is no longer reasonably available to Koch. Notice of such change in coverage will be provided to the City at the time the new coverage takes effect . (d) The City reserves the right to review the amounts of the insurance required in this Section. Such review shall be conducted no more frequently than at intervals of five ( 5 ) years . At such review, -the City may require a reasonable increase in the amounts of insurance . Failure by Koch to obtain such shall be grounds for termination of this License . SECTION 8 . INDEMNITY AND RELEASE (a) Koch agrees to indemnify and defend (with counsel of Koch' s choice) the City, and City' s officers , employees , agents , and contractors (while acting within their official capacities ) 13 against any and all claims for injuries ( including death ) , damages, costs and expenses ( including reasonable attorney' s fees and court costs ) , to persons or property, resulting from ( 1 ) the negligence of Koch or its representatives , agents , contractors , invitees or employees in connection with the Licensed Area during the term of this License or (2 ) the act or omission of any person entering upon the Licensed Area during the term of this License . (b) Koch agrees to indemnify and defend (with counsel of Koch ' s choice) City, and City' s officers , employees , agents and contractors (while acting in their official capacities ) against any and all claims for injuries ( including death) , damages , costs and expense_ � -,,cluding reasonable attorney ' s fees and court costs ) , to persons or property, resulting from any violation of RCRA, CERCLA or any other federal , state or local environmental statute, regulation or ordinance by Koch , including , without limitation, all claims in connection with the presence within the Licensed Area or release from or to the Licensed Area of hazard- ous substances or liquid or solid waste disposed of or otherwise released into the environment as a result of Koch' s use of the Licensed Area for the purposes herein stated. (c ) As to the City, Koch agrees to accept and assume all risks in connection with the use and occupancy of the Licensed Area, including acceptance of same "As Is " and "With All Faults " . The City makes no warranties or representations , express or implied, concerning the condition or suitability of the Licensed Area for any particular use or purpose. In the event, through the negligence or fault of the City, the Pipeline or other prop- 14 erty of Koch is damaged or destroyed, or use thereof is inter- rupted, Koch hereby agrees to unconditionally waive, release and indemnify the City from any loss , cost, damage or claim Koch or any entity served by Koch may have sustained or may claim in con- nection with such negligence or fault of the City, as well as any repair or replacement costs . (d) In regard to any claim of indemnity for loss covered by Sections 8 (a) and 8 (b) , 1 ) The City shall promptly notify Koch, in writing, of such loss and ( 2 ) in respect of any loss covered by Section 8 (a) , if the damage or injury giving rise to such loss involves the possible diminution in value of assets of the City, the City shall have exerted reasonably diligent efforts to avoid such diminution . (e) The indemnities set forth in this Section shall survive the expiration or termination of this License with regard to events occurring during the term of this License or while Koch continues to use, or has improvements in the Licensed Area . SECTION 9 . TERMINATION FOR CAUSE (a) The governing body of the City reserves the right, sub- ject to subsection (b) below, to terminate this ordinance and License by means of ordinance or resolution duly adopted by such governing body upon, but only upon, the happening of any of the following events of default: ( 1 ) Breach of any of the provisions of Section 4 (b) above by Koch. 15 ( 2 ) Koch ' s failure to provide and maintain the insur- ance coverages required by Section 7 above . ( 3 ) Koch ' s failure to comply with any applicable federal, state or local law or regulation relating to the construction, operation or maintenance of the Pipeline . ( 4 ) Any lien related to Koch ' s activities filed against the Licensed Area or other City property and not released or otherwise removed or bonded within sixty ( 60 ) days after written notice, from any source, to Koch of the filing thereof . ( 5 ) Any other breach by Koch of the terms of this License . (b) Provided, however, that the City shall not be entitled to exercise its right of termination hereunder unless written notice of such default shall have been delivered to Koch, and ( 1 ) Koch shall have failed to cure such default within sixty ( 60 ) days after its receipt of such notice, if same is susceptible of being cured within said sixty ( 60 ) day period, or ( 2 ) in the event that cure is not possible by the exercise of reasonable diligence within such cure period and Koch has notified the City of such fact and outlined a detailed schedule for the cure of such default promptly after Koch 's receipt of such notice, Koch shall have failed to prosecute such cure to completion in a reasonably diligent manner . If deemed necessary for safety reasons by the City, in the reasonable exercise of its discre- 16 tion, all uses of the Pipeline for the transmission of liquid petroleum products shall be suspended during any such extended cure period. (c) The right to terminate this License pursuant to this Section 9 shall be cumulative of any other remedies available to the City, at law or in equity, for Koch' s breach of this License. All such remedies may be exercised concurrently and whenever, and as often, as the need therefor arises . (d) Waiver of any breach does not constitute a continuing waiver or a waiver of any subsequent breach of this License . SECTION 10 . RECORDS The governing body of the City and its Public Utilities Supervisor shall have the right to be kept fully informed as to matters pertaining in any way to Koch ' s exercise of its rights under this ordinance, including the installation, maintenance, repair, replacement, operation or removal of the Pipeline . Koch shall keep complete and accurate maps , construction drawings and specifications describing the location of facilities of the system in Fort Worth. raps , construction drawings and specifica- tions kept by Koch in accordance with this ordinance shall pro- vide for separate and specific identification of the 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 within the city limits of Fort Worth . The City shall have the right, at reason- able times, for municipal purposes , to inspect and/or copy such 17 SECTION 12 . LICENSE FEE Koch shall pay to City a one-time fee of $155 , 000 fo° this License (the License Fee) . The License Fee shall be exclusive of and in addition to all general municipal taxes of whatever nature, including but not limited to ad valorem taxes and special taxes and assessments for public improvements . The License Fee shall be paid to the City of Fort Worth upon approval by the City Council of this ordinance. The License Fee shall not be affected by any required relocation of Koch facilities required by the City pursuant to this ordinance . SECTION 13 . PARTIES BOUND Except as otherwise expressly stated herein, the terms and conditions contained in this ordinance shall inure to the benefit of and be binding upon the City and Koch and their respective successors and permitted assigns . This ordinance contains the entire agreement between the City and Koch with respect to this License . No modificatin or change in the terms hereof shall be binding upon either party unless set forth in a document duly executed by the party sought to be bound or otherwise expressly approved in writing by such party. SECTION 14 . ASSIGNMENT (a) This License may not be assigned without prior written consent of the City, which will not be unreasonably withheld; provided, however, that the determination of the City Council in 19 this matter will be final and binding if made in good faith . Such assignment, if approved, shall recite that it is subject to the terms , restrictions , and conditions contained in this ordinance but shall not be conditioned on the payment of any additional consideration to the City, other than nominal adminis- trative expenses, if any. Notwithstanding the foregoing, Koch may assign this License to its parent corporation or any entity into which Koch or its parent corporation merges or any entity owned at least fifty percent ( 50%) by Koch or its parent. The assignee shall deliver a copy of the assignment, along with the assignee 's written acceptance of the provisions of this ordi- nance, to the "-* '-,r in accordance with Section 11 within ten ( 10) days after such assignment, who will then forward such assignment and written acceptance to the City Secretary. (b) Koch shall not be released from its obligations here- under unless the City has expressly approved such release in writing. SECTION 15 . MISCELLANEOUS The Public Utilities Supervisor, or his duly authorized representative, is the principal City official responsible for the administration of this ordinance, and Koch recognizes that questions regarding the interpretation or application of this ordinance shall be raised initially with the designated official . 20 SECTION 16 . REPEALER; CUMULATIVE PROVISIONS Ordinance No. 10375, adopted August 2 , 1989 , is hereby spe- cifically repealed. Otherwise, this ordinance shall be cumula- tive of all provisions of ordinances and of the Code of the City of Fort Worth, Texas ( 1986 ) , as amended, except where the provi- sions of this ordinance are in direct conflict with the provi- sions of such ordinances and such Code, in which event , conflicting provisions of such ordinances and such Code are here- by repealed. SECTION 17 . SEVERABILITY It is hereby declared to be the intention of the City Council that the sections, paragraphs , sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance , since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 18 . ENGROSSMENT The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the 21 Caption and Sections 16 and 20 of this ordinance in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 19 . PUBLICATION The City Secretary of the City of Fort Worth is hereby directed to publish this ordinance in the official newspaper of the City once a week for four (4 ) consecutive weeks within a period of thirty ( 30) days after its passage, as required by Section 2 , Chapter XXV, of the City Charter. SECTION 20 . EFFECTIVE DATE This ordinance shall take effect and be in full force and effect from and after its passage and publication as required by Section 2 , Chapter XXV, of the City Charter , and it is so ordained. APPROVED AS TO FORM AND LEGALITY: A:>i, City Attorney Date: .2 �g 9g4 ADOPTED: O�rj I EFFECTIVE: �C -r 22 ACCEPTED AND AGREED TO by KOC H R E F I N I N G COMPANY t h i s day of �i�� 1990 . 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Blue Y• cs �t`�! •magi y1r A d ' t c Ilium IwR�A, C lu n Id end% m Jame -I m -j Ny pI C e on e >! b 6 ord 8 mL o •edv.t 6r T Ell n 1 _ 7"ube�¢° Georp� 6 . k �� z = m EINn - Av _� �I 4• Hol Y e 1 u 10 •eraeeeaee eeeeeeee +r.� � � - •••e.•••�-r—� c' _ t3 4 _ ----- _mot •ee�-•I..•R• rO.R 3000 KOCH PIPELINE l_RR i--r� .O 0 - •e-r.:.I�l (. trammel NI.. _Ds.le - -_ �•-- _—_ ---_� i 2500 Rd o x 0 b E m oD / l Herrlbn • �~ 1 April Bnete - Rd !Rolling Spring. -- se reel qe f � �a� ` �. 3 _' :: �•� Rue z l •shady Glen �i�� �• E kc VIN a Rn n ` Jim is Bull w y ( t '.fir _ eyp.'J.,:": I ul, .yam o Q MC�t joarltin r n+ir Rd d r �� �" o° _31111fi8o "t _— .._.._.•. .. — t v F ` � 00 cam/ or I Shell*..weir, Rl pb River ti Or .611110 30 c Kwooc X fill Hewn :�%Df weed LLs �rooke b+ e Ion w..<.. .a c• °', -:i-1; Ir AI is / } nlo•N•Del 16 17 18 SEE MAP ON PAGE 67 Exhibit W Page 7 of 8 SEE MAP ON PAGE 68 IB 19 20 U'r Blvd KOCH TERMINAL let 11 3600 1.bi m• G•04; ........... p 00000 .00 *0 ----------- -----------------—------- 04 wn 4* till, PIT. 6&m land —cl 7, 14*a n I •cbUM r. 77 Ve Tk"Lill lime Or t-k hOrn 4 mk r ,lo . , rl T"Oh I sr"em to► tit Y. wolohd CIV 7 0 � - - mays"Namh 0--nd 18 1!a 20 SEE MAP ON PAGE 88 Exhibit 'A' Page 8 of 8 SEE MAP ON PAGE S9 21 22 life . +, "1 I MIO: 1fk.. e. - Ab i�If1••.,�fD}�e ..^,�1'�:�i•'I.�,y�T ��� �I!' l;% �v�'F�1/11 t,��j..'a, '� ` `.� �' �► k. i$•< r�..}� • I£y,:w4o.. :?=t'- ... ,-i;;::`' S==rr^�+ ��'i5!•"� p�rj� my •v�.- K���i; ems{ rs IT le G11tit bj �.y'/� •=-a�.S•• ...i; � } tr�+� W�7ii •�= f � §� rrrz� C. 4p 4 plat: Igo .,Ly I. r t 9» !' `'f �• KOCH PIPELINE p m 4500 I L»rMno k Ct -•t• 1N S �• t 1=» 'g v brow• Gutntle X 1N %ii t �Ir! v.«ene Frye •�� , : ___ •��.. Routnp oo r.._ 4000 J r •td I �" S4tter refs rn sl E µe'" `�_�•• - ..�.._., cror Pip 9917•„y Yi Mr«r•Cr •lY,.t y:a• 21 22 SEE MAP ON PAGE 79 EXHIBIT " E3" ``,�.srr0.�-T.�✓os/.vLrv�.v,�'vi;,4 9GZ r I r fW1 t a&,4/Tf�lX.l.7 �.�ar Fitrr.>rrrivr J49'td Al:W dt.Jd Od" �r ww;- Qr9 .4c.�rs :JRVEYOR'S CERTIFICATION William S. Abraham, Teas Registered Pvblit Surveyor A� 1 ` +o.2052 do MreD certi� that the above plot was »" r r WILLIAM ABRAHAM +urveyed On the ground under my supervision and is true and :nP Correct to the best of my knowledge. William 9. Abrahorn, T:. Registered Public Surveyor No. 2052 Seals' /`•100 Tls�iO�,rur P109D C 94KOCH Dt own+ f'. C.rAAe �,�}� KOCH REFINING COMPANY Job �.1 -roca A Subsidiory or Kock Industrles,1". =4rrj7jt t1i 2',' I�'f�T--,� �T(�— --,fr?tld (HOC& No., ENER-1 111�,.N i f9Qe Ne, P1PfUNF FI D SF:RV EXHIBIT " ``p�,�,rD.�r.�✓os�.vt'�,,�c,s��'rv1;,49d2 _ �..ata�'iixrr,s'rt�er x/00`//�".fly •f�i99°1d'oz"e� d4dd,�' atq we'"v F-1 SURV$YOR'S CERTIFICATION 1, William S. Abraham, Texas Registered Public Surveyor * _ wa•.•.�w•.,. 1 No.2082, do hereby certify that the above plat was WILLIAM 8,A8RAHA4 surveyed on the ground under my supervision and is tru* and ' and correct to the best of my knowledge. 'O "Y P�4 William 3. Abraham, Tx. Registered Public Surveyor No.2052 2 Na���T a�IQ t%! x e Scoff, / ?DD' / r��ca����- P1a9a C 1111 KO C H Drown, ,�'e141 r No, Revieioa Dote KOCH REFINING COMPANY �job No. 'fX'X A Subsidiary of Koch lndustrlas,lao. — SurveyeG Zy, I/l% _n.__ 1�_ r y-�—fir- -- -- - - ritid 84ak No., Dale surveyed, 1%�%y0 ELF 1ER.--� • �[l�f�3 � Pone No. Approvsd Bye �' .t �._W PIPFUNE T1" SERV M Sheet 0 Of �' w.,��fA FIt�•i � A 000N , ..2 ` City of Fort Worth, Texas TRANSPORTATIONiPUBLI O .f MAtER A['IMINISIRA7.3Nmayor and Council Communication CITY MANA TE REFERENCE SUBJECT: ORDINANCE GRANTING FORTY-YEAR PAGE a , NUMBER LICENSE TO KOCH REFINING COMPANY FOR 2 -20-90 C-12175 PLACEMENT OF ITS PIPELINE IN CITY ' O} --_ Z-1& R n,I�,, P K PR ERTY RECOMMENDATION: It is recommended that the City Council adopt the attached Ordinance granting a forty-year license to the Koch Refining Company for a petroleum products pipeline to be constructed along and across certain street rights-of-way and City park property within the City of Fort Worth . The attached Ordinance repeals prior Ordinance No. 10375, adopted August 29, 1989, by the Council . DISCUSSION: For the past several months City staff has been in negotiation with Koch Refining Company (hereinafter called "Koch") regarding the proposed construc- tion of a petroleum products pipeline between the Koch Refinery in Corpus Christi and the DFW Airport. The proposed pipeline route is to be installed in and along approximately 5,206 linear feet of City street right-of-way. The purpose of this pipeline is to provide aviation fuels and products to major airline carrier operations at DFW Airport (American and Delta Airlines). The pipeline within the City will primarily be placed in a number of public streets and roads in the northeastern part of the City near the airport. The route will also include a small portion (approximately 680 linear feet) with- in Gateway Park. It will also be necessary to temporarily use a strip of work space immediately alongside the pipeline location during the process of construction. The pipeline will be built by a contractor, and the contractor is already at work between here and the Corpus Christi terminal . The attached Ordinance differs somewhat from standard street use and fran- chise ordinances . The majority of these changes involve the addition of provisions deemed necessary by the City staff in order to provide adequate safeguards for the operation and maintenance of the pipeline in the City right-of-way. Th:e City has hired an outside consultant to study both the safety of such pipelines and the advisability of locating such pipelines with- in City rights-of-way. The consultant has previously made reports to the City Council during the public hearing conducted pursuant to state law to allow for the placement of the pipeline within City park property. The consultant's recommendations regarding pipeline safety have been incorporated within the proposed ordinance. Another difference from the normal franchise ordinance is that the•.13cense is granted for a term of forty years rather than the noeKdl t'wen'ty-five year term. The reason for this departure is to provide a term .cons.i1stent with the forty-year agreement between Koch and the DFW Airport Board., wh.i ch was approved in May, 1989, and the proposed agree- ment between Koch and the Cities of Dallas and Fort Worth for use of the Rail - tran right-of-way, which is covered by separate ordinance. DATE REFERENCE SUBJECT: ORDINANCE GRANTING FORTY-YEAR PAGE NUMBER LICENSE TO KOCH REFINING COMPANY FOR 2 2 2-20-90 C-12175 PLACEMENT OF or STREETS AND CERTAIN PARK PROPERTY Under the terms of the proposed ordinance, Koch will pay a one time license- fee of $155,000.00, which is due and payable upon the passage° of the Ordi - nance. This breaks down into the following: $100,000.00 - Use of street rights-of-way $ 30,000.00 - Use of park property in Gateway Park $ 25,000.00 - Administrative fee to cover City staff time znd expenses in negotiation, publication, etc., of ordinance. The portion of the total consideration allocated for use of the park property shall be placed in a separate account and dedicated to the continued develop- ment of Gateway Park , as recommended by the Park and Recreation Advisory Board. WA:w/6 ***Amended ordinance by adding additional language to Section 5 (Rights in the vent of Abandonment of Public Right-of-way) to read as follows: In such event, the rights of Koch shall be confined to a ten (10) foot wide non-exclusive license, the centerline of which shall be the centerline of the Pipeline. That this sentence will be inserted after the first sentence under Section 5. APPROVED BY CITY COUNCIL AS ENDED FEB 20 1990 ciri Se=etWT of the city of Fort Worth,Toxor SUBMITTED FOR THE DISPOSITION BY COUNCIL: PROCESSED BY CITY MANAGER'S OFFICE BY: Ramon Guajardo 6191 ❑ APPROVED ORIGINATING OTHER (DESCRIBE) DEPARTMENT HEAD: X CITY SECRETARY ee Above FOR ADDITIONAL INFORMATION NQ,CONTACT: Ramon Gua�ardo 6191 Adopted Ordinance DATE