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Home My WebLink AboutOrdinance 13155ORDINANCE NO. ~ I ~,S AN ORDINANCE AMENDING SECTIONS 1, 3 AND 12 OF ORDINANCE NO. 11445 BY REVISING THE LOCATION AND NUMBER OF LINEAR FEET PERMITTED FOR THE CONSTRUCTION, MAINTENANCE, AND USE OF A SUBSURFACE LIQUID PETROLEUM PRODUCTS PIPELINE BY EXPLORER PIPELINE COMPANY, ACROSS, OVER AND UNDER CERTAIN STREETS, HIGHWAYS AND PUBLIC RIGHTS-OF-WAY OF THE CITY OF FORT WORTH; AND BY REVISING THE FEE PAID TO THE CITY OF FORT WORTH BY EXPLORER PIPELINE COMPANY FOR THE CONSTRUCTION, MAINTENANCE AND USE OF SAID PIPELINE IN THE CITY STREETS, HIGHWAYS AND PUBLIC RIGHTS-OF-WAY; REVISING THE DEFINITION OF THE TERM "PERMITTED USER"; PROVIDING FOR ACCEPTANCE HEREOF BY EXPLORER PIPELINE COMPANY; MAKING THIS ORDINANCE CUMULATIVE OF ALL PROVISIONS OF ORDINANCES AND THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDNG FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1. That City of Fort Worth Ordinance No 11445, on file m the office of the City Secretary of the City of Fort Worth, is hereby amended by amending Section I thereof in its entirety, and following said amendment, Section I of said Ordinance No 11445 shall be and read as follows, to wit: "SECTION I" "PURPOSE" "That the Crty of Fort Worth (hereinafter referred to as the `City') hereby grants to Explorer and its successors and assigns, for a term beginning on the date of passage of this ordinance and ending on December 9, 2018, anon-exclusive license ("License") to install, maintain, repair, replace, operate and remove in, under, along and across certain streets and other public nghts-of--way of the City a single underground liquids petroleum pipeline twelve and three quarters inches (12 '/a ") m diameter for the transportation of liquid petroleum products, and all structures and appurtenances necessary therefor ("The Pipeline"), subject to the provisions of this ordinance. The public right-of--way which Explorer shall use pursuant to this ordinance shall be the following street crossings ("Licensed Area"), as same are encountered on the route shown specifically on Exhibit "A" attached hereto and incorporated herein by reference for all purposes incident hereto BEACH STREET LONG AVENUE SYLVANIA AVENUE WATAUGA ROAD COLD SPRINGS ROAD CHESSER BOYER ROAD The system will cross approximately 8921inear feet of City right-of--way" SECTION 2. That City of Fort Worth Ordinance No 11445 is hereby further amended by amending Section 12 thereof in rts entirety, and following said amendment, Section 12 of said Ordinance No 11445, as amended, shall be and read as follows, to wit: "SECTION 12" "LICENSE FEE" "EXPLORER shall pay to the City of Fort Worth $14,661 00 representing the License Fee for the term of the privilege granted hereunder Said amount shall consist of $12,661 00 License Fee received on November 16, 1993 under City of Fort Worth Ordinance No 11445 and $2,000 00 License Fee to be paid to the City upon approval of the ordinance authorizing the pipeline crossing of Chesser Boyer Road by the City Council. The License Fee shall be exclusive of and in addition to all general mumcipal taxes of whatever nature, including but not limited to ad valorem taxes and special taxes and assessments for public improvements. The License Fee shall not be affected by any relocation of Explorer facilities required by the City pursuant to this ordinance." SECTION 3. That City of Fort Worth Ordinance No 11445 is further amended by providing that the term "Permitted User" appeanng in Section 3 of said Ordinance also shall apply to the additional public right-of--way granted under this amendment, and to the extent that said term applies to the additional public right-way, the term "Permitted User" shall include the City or any person or 2 corporation or other entity franchised by the City as of the effective date of this amendment, or having an existing use agreement m those portions of the additional rights-of--way granted hereunder SECTION 4. That City of Fort Worth Ordinance No 11445 is further amended by amending Exhibit "A" to said Ordmarrce to include the map attached hereto as Attachment "A", depicting the pipeline crossing of Chesser Boyer Road SECTION 5. Pursuant to Section 2 of Chapter XXV of the Charter of the City of Fort Worth, and as a condition precedent to the effectiveness of this amended license, Explorer acknowledges, by the signature hereunder of its duly authorized representative, that rt accepts and agrees to the terms, conditions and provisions of Ordinance No 11445, as amended hereunder, thus constituting a contract and agreement between the City and Explorer This amendment shall not become effective until accepted and agreed to in writing by Explorer as herein prescribed. Should Explorer fail to accept and agree to this ordinance and amendment by its signature hereunder within thirty (30) days after adoption by the City Council, such ordinance and amendment shall not thereafter take effect by a subsequent written acceptance. SECTION 6. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, m which event conflicting provisions of such ordinances and such Code are hereby repealed. 3 SECTION 7. It is hereby declazed 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 or decree of any court of competent ~unsdiction, 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 S. That the City Secretary of the City of Fort Worth is hereby directed to publish this ordinance m its entirety once a week for four (4) consecutive weeks wrtlun a period of thirty (30) days after its passage in the official newspaper of the City, as required by Section 2 of Chapter XXV of the City Charter of the City of Fort Worth. SECTION 9. This ordinance shall be in full force and effect from and after its passage, publication, written acceptance and payment of the fee as prescribed hereinabove, and it is so ordained. AP VE~D' SAS TO FORM AND LEGALITY: G~ ~' Assistant City Attorn ~_ a~ -~7 Date: ' cr ADOPTED ~--_ % -- 9 7 EFFECTIVE 4 ACCEPTED AND AGREED TO BY • EXPLORER PIPELINE COMPANY By~ ~ R. Van Dyke President and Chief Executive Officer Apprgved as to form Curtis L. Craig C aC. t_.. • 5 .` ~o~ent~sr ~?° . ~~ f ~M ifs. I ` , ` ; -^ L ~ v raa f ~= u ~ ! ~ f ~- - - - °. `~ ~ #' l~?~J RG N ST :.~ El'A17E e Q{ ~ANG~AV~ .~'~ Chesser_ Boyer SY~.VA !A /EVE ~: y ~ =- HALTOi CfTY ~r~o u.esc Got-O 5 PRA ~ R I Exhibit "A" (Amended) City of Fort Worth, Texas Mayor and Council Communication DATE 09/16/97 _ REFERENCE NUMBER **G-1994 LOG NAME 02EXPL0 PAGE 1 of 1 SUBJECT ORDINANCE AMENDING ORDINANCE NO 11445 BY REVISING THE LICENSE GRANTED TO EXPLORER PIPELINE COMPANY FOR USE OF CERTAIN CITY STREETS RECOMMENDATION It is recommended that the City Council adopt the attached Ordinance which amends City Ordinance No 11445 by revising the location and number of linear feet permitted for the construction, maintenance and use of a liquid petroleum products pipeline by Explorer Pipeline Company (Explorer) under certain streets and public rights-of-way of the City of Fort Worth, and by revising the fee to be paid to the City for such use of said streets and rights-of-way DISCUSSION On November 9, 1993, the Fort Worth City Council adopted City Ordinance No 1 1445, granting to Explorer a license to use certain City streets and other public rights-of-way for the construction, maintenance and use of a liquid petroleum products pipeline The term of the license is for twenty-five (25) years from the date Ordinance No 11445 was adopted In consideration for the license to use the prescribed City streets, Explorer agreed to make a lump sum payment in advance of $12,661 00 Explorer is constructing an extension of its pipeline, which will cross Chesser Boyer Road ,and has requested that Ordinance No 1 1445 be amended to include the new street crossing In consideration of the expanded license, Explorer has agreed to make an additional payment of 52,000 00 The proposed pipeline will be a part of Explorer's interstate pipeline system, which is a common carrier system designed to transport petroleum products from the Louisiana-Texas Gulf Coast to Houston, Fort Worth, Dallas, Tulsa, St Louis and Chicago As provided for in Ordinance No 1 1445, Explorer has agreed that in addition to complying with the safety requirements mandated by Federal law, it will comply with all other safety regulations normally imposed by the City upon petroleum pipeline companies, to the extent that the City's regulations are not inconsistent with or superseded by the Federal safety standards for interstate carriers FISCAL INFORMATION/CERTIFICATION The Director of Fiscal Services certifies that Council action does not require the expenditure of City funds BT m Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) ` ~~ ' Charles Boswell 8511 8 ~ @t ~, B B ~ ` Originating Department Head: ~~ ~~~~ ~ ~~d@ Charles Boswell 8511 (from) S~P ~~ ~~~1 For Additional Information G8-~~..~ "~-~~~,,e~' Contact: Cit~;~:~,t~xk-y ~f ittas C,tq TMY Pori °~`cxt`~ i^r;*:R Danny Reed 6145 ~ t 'J l'iu,;'~i+.~'ts iJ~:.it1t':1 1" .', t ~). 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