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
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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.
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/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.
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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
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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,
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QUBMITTED BY!
DISPOSITION By COUNCIL:
PROCESSED BY
APPROVED OTHER (DESCRiBE)
C�W SECRETARY
...........
DATE
CITY MANAGER