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Home My WebLink AboutPR13051:KINDER MORGAN PIPELINETo: From: Subject: Date: Mayor, City Council & City Manager Mark T. Sokolow, City Attorney ~ ~ P. R. No. 13051, Council Meeting March 1, 2005 February 24, 2005 Attached is P. R. No. 13051 a Resolution as it pertains to a License Agreemen5 with Kinder Morgan Te]as Pipeline, L.P. MTS:ts Attachment cc: Direcsor of Public Works VIA FACSIMILE (713) 495-7406 Marty Taylor Sr. Right-of-Way AgenL KINDER MORGAN TEJA~ PIPELINE, L.P. 500 Dallas, Suite 1000 Houston, TX 77C02 z.prl30$1.memo P. R. No. 13051 02/24/05 ts RESOLUTION NO. A RESOLUTION AS IT PERTAINS TO A LICENSE AGREEMENT WITH KINDER MORGAN WHEREAS, the City of Port Arthur, renewed a five year license with Tejas Partnership for a public right of way at a per year; and in April 1999 South Pipeline cost of $1601.82 WHEREAS, the License expired on April 6, 2004; and WHEREAS, Kinder Morgan has been on the City's Right-of-Way for one year without paying funds thereof; and WHEREAS, it has been recommended that Kinder. Morgan pay $5,000 for the period of April 6, 2004 to today's date, as denoted in Exhibit "A"; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: ~ Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is herein authorized to execute a new License Agreement with Kinder Morgan, as delineated in Exhibit ~A", at $2,402.70 per year with Kinder Morgan paying the City an additional $5,000 for the period of time of April 6, 2004 until March 1, 2005. z.pr130§l Section 3. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. BEAD, ADOPTED AND APPROVED on this __ day of , A.D., 2005, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor , Councilmembers ; ; ; NOES: ATTEST: OSCAR ORTIZ, MAYOR EVANGELINE GREEN, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: STEVE FITZGIBBONS, CITY MANAGER z .pr13051 EXHIBIT "A" OSCAR G. ORTIZ MAYOR JOHN BEARD JR. MAYOR PRO-TEM COUNCIL MEMBERS: CRAIG HANNAH FELIX A. BARKER THOMAS J. HENDERSON MARTIN FLOOD RONN E H. THOMPSON DELORIS PRINCE MICHAEL ~SHANE' S NEGAL City of Texas MARK L SOKOLOW CITY ATi'ORN EY February 22, 2005 Fax No. (713)495-7406 Mr. Marty Taylor Sr. Right-of-Way Agent Kinder Morgan Tejas Pipeline L.P. 500 Dallas. Suite 100 Houston. Texas 77002 Re: License Agreement permitting the operation and maintenance of a 4" gas line on Public-Right-of-Way (Old Canal Right-of-Way) in the City of Port Arthur. Texas. Dear Mr. Taylor: The License Agreement that was dated April 6. 1999. and approved by the City of Port Arthur. Resolution No. 99-68, was for a period of five years. This agreement expired on that date in 2004. The License Agreement was not renewed in 2004, nor was a premium paid for that year. We find. however that your payment was made for the year 2003. I am enclosing a copy of a renewal of the agreement. The new agreement if for a period of five years, the premium being $2.402.70 per year. The execution by City officials is contingem upon our receiving the specified amount of $2.~02.00 for this years' premium plus an amount of $5.000.00 for the year of 2004. during which time there was no agreement in effect. Please deliver a check for $7.402.00. The agreement will be on the March r~t. City Council meeting for approval for the period from March 1st. 2005. to March 1s,, 2010. The Council will also need to approve the $5,000.00 payment for 2004. Sincerely, Attachment cc: Director of Public Works Mark Sokolow City Attorney z.blank, ltr RO. BOX 1089 · PORT ARTHUR TEXAS 7764%1089 · 409/983-8126 · FAX 409/983-8124 EXHIBIT "B" LZCENSE AGREEMENT STATE OF TEXAS COUNTY OF 3EFFERSON KNOW ALL MEN BY THESE PRESENTS: THAT the City of Port Arthur, a municipal corporation organized and existing under the laws of the State of Texas (hereinafter called "Licensor"), for and in consideration of the sum of Two Thousand Four Hundred Two and 70/100 $2,402.70 Dollars per year ($15.00 per rod per year) with the first year's premium to it in hand paid by Kinder IVlorgan Tejas Pipeline, L.P (herein after called "Licensee'~ and the successive payments due on or before March 1st of each successive year for a duration of five (5) years, hereby grants unto the said Licensee a right, privilege and License for the purpose of maintaining, operating, replacing and repairing an existing 4" natural gas pipeline and all appurtenances thereto, including but not limited to, air patrol markers, valves and corrosion control equipment, for the transportation of liquids, gases, solids or mixtures of any or all thereof, in, under and across the following described public right-of-way situated in Jefferson county, Texas to wit: The said 4-inch natural gas line is located five (5) feet from the Westerly line of the canal right-of-way (a~er entering from the Northwest corner of Lot 12, Block 8) extending from the southeasterly line of Lot 1, Block 8, northerly to the northeasterly line of Lot 10, Block l0 of the Port Acres Subdivision as recorded in Volume 4, Pages 42-47, Hap Records of Jefferson County, Texas. Said alignment to be as further depicted in Exhibit "A" attached hereto and made a part of hereof, for all purposes. Said License is granted subject to the following provisions: 1. Excavations made on Licensor's property shall be promptly refilled by Licensee, the earth well tamped, the ground left in the same condition as before the laying of said pipeline and the locations of the pipeline will be marked with the marker properly maintained and plainly visible. II. It is expressly understood and agreed that Licensee shall have the right to reasonable ingress to and egress from the above-described tract of land at all times for the aforesaid purposes of this license. III. In consideration of the privileges herein described, Licensee agrees to indemnify and hold harmless Licensor from any and all claims, suits for damages to property or injuries or death to persons arising from the construction, maintenance, use and removal of said pipeline. The Licensee must abide by all safety precautions as mandated by state, local and federal government, as well as industry standards. The licensee must also maintain liability insurance in the amount of $3,000,000.00 to protect against spills, environmental damage, explosions and releases. Rights herein granted are personal and not assignable without Licensor's prior written consent. The provisions herein shall be binding upon successors and assigns of both parties. Upon termination hereof, as determined by Paragraph VI! below, Licensee shall promptly remove said pipeline from the property of Licensor at Licensee's cost unless the City, at its discretion chooses to permit the line to remain in place. V. This License is subject to all existing easements of record. VI. This agreement is effective on March 1, 2005. This agreement may be terminated by either party giving ninety (90) days written notice and license payments will be prorated accordingly. Signed and agreed to on the day of ., 2005 APPROVED AS TO FORM: CITY OF PORT ARTHUR CiL-y Attorney By City Manager Director of Public Works Attested: City Secretary Signed and Agreed to on the KINDER MORGAN TE]AS PIPELINE L. P. day of 2005 Signature Name (typed) Title Witness: C\mw~pipeline agreemen~ G41h STAEET ST. 63.~d ST~£E~/ y/ STREET Gist STREET