HomeMy WebLinkAboutCity Council Resolutions (R-03-2156)-05/20/2003
RESOLUTION R-03-2156
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
COLLEYVILLE AND EXPLORER PIPELINE FOR THE CONSTRUCTION OF
COTTON BEL T TRAIL, PHASE I
WHEREAS,
DART granted an easement to Explorer Pipeline Company and
the City of Colleyville and both licenses are "nonexclusive" and
require both Explorer and the City to occupy the same land area
and/or land area in close proximity to each other of the DART
property; and
WHEREAS,
both the City of Colleyville and Explorer Pipeline Company desire
to work with and cooperate with each other in order tha.t pipeline
and trail construction, maintenance, and use are compatible to the
extent possible; and both the City and Explorer Pipeline wish that
public safety be optimized on the DART property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the Cottonbelt Hike and Bike Trail Construction and Maintenance
Agreement, hereby attached as Exhibit "A", is approved.
AND IT IS SO RESOLVED.
APPROVED THIS -U> ~ DAY OF Y?t. ~ 2003 BY A VOTE OF
...5" AYES, 0 NAYS AND 0 ABSTENTIONS.
ATTEST:
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Cynthia Singleton, TRMC
City Secretary
CITY OF COLLEYVILLE
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Donna Arp
Mayor
Attachment "A"
Cottonbelt Hike and Bike Trail Construction
and Maintenance Agreement
WHEREAS, by instruments of record dated June 19, 1971 and October
11,2993, recorded in Volume 10146, Page 690 and Volume 11573 page 755 of
the Deed Records of Tarrant County, Texas, Dallas Area Rapid Transit ("DART")
granted to EXPLORER PIPELINE COMPANY, a Delaware Corporation
("Explorer"), a license across the land described therein, (the "Property");
WHEREAS, DART also granted by an instrument dated September 30,
1998 to the City of Colleyville (the "City"), a municipality formed under the laws of
the State of Texas, a license across the land described therein (the "Property");
WHEREAS, DART's licenses to both Explorer and City are "nonexclusive"
and require both Explorer and City to occupy the same land area and/or land
area in close proximity to each other on the Property;
WHEREAS, Explorer owns and operates within the Property a high
pressure, hazardous liquid pipeline carrying refined petroleum products;
WHEREAS, Explorer selected said pipeline's routing on the Property, the
DART railroad right-of-way, as railroad properties for increased public safety for
pipelines due to reduced excavation and encroachment by third parties and
reduced close range exposure to individuals should an environmental release
occur;
WHEREAS, City acknowledges that placement of a hike and bike trail
directly over and/or within close proximity of Explorer's high-pressure petroleum
products pipeline has certain elements of risk;
WHEREAS, both City and Explorer wish to work with and cooperate with
each other in order that pipeline and trail construction, maintenance and use are
compatible to the extent possible; and both City and Explorer wish that public
safety be optimized on the Property;
NOW, THEREFORE, in consideration of the premises and the covenants
herein Explorer agrees to the construction and maintenance of the Cotton belt
Hike and Bike Trail (the "Trail") subject to the following terms and conditions:
1. Explorer shall be listed as an additional insured under the Trail
construction contractor's general liability policy, which covers
liability for or on account of injury to or death of persons or damage
to property resulting from construction of the Trail. The insurance
policy will have a limit of not less than two million dollars
($2,000,000) for bodily injury and property damage per occurrence
and not less than two million dollars ($2,000,000) aggregate for all
occurrences;
2. Explorer shall receive notice at least 48 hours in advance of any
Trail construction activities over or near its pipeline by contacting
Mr. Mike Tucker, Greenville Area Manager, 2856 County Road
2168, Caddo Mills, Texas 75135, (903) 527.1262;
3. Trail construction activities near Explorer's pipeline will not occur
unless an Explorer representative has been timely notified. The
Explorer representative will have full authority to stop any
construction activity if, in his sole discretion, Explorer's pipeline or
appurtenances are in danger of being damaged or if there is a
threat to public safety. Explorer will indemnify the City for
construction delay charges it incurs in the event a decision by
Explorer to stop construction is found to be unreasonable;
4. The Trail construction contractor shall not permit excavation nor
allow heavy equipment to work within ten (10) feet of Explorer's
pipeline without prior approval of Explorer's representative.
Explorer will indemnify the City for construction delay charges it
incurs in the event it is found that Explorer's approval was
unreasonably withheld;
5. In the event of any change or modification to the Trail construction
plans signed by the Texas Department of Transportation on
October 15, 2001, the Trail construction contractor will prior to
construction, provide a written copy of said plans to Explorer for
review and approval, and such approval by Explorer will not be
reasonably withheld;
6. Explorer agrees to mark its pipeline with pipeline markers provided
and installed by it;
7. City will contact the Explorer Pipeline Area Manager at 2856
County Road 2168, Caddo Mills, Texas 75135, phone (903)
527.1262, at least 48 hours before undertaking any future
maintenance or construction activities requiring excavation and/or
operation of heavy equipment over or near Explorer's pipeline;
8. City will place a Texas "One Call," the current number being (800)
545.6005, at least 48 hours before undertaking any future
maintenance or construction activities requiring excavation and/or
operation of heavy equipment over or near Explorer's pipeline so
that the pipeline's location may be marked prior to any such
activities.
Each of the parties has full power and authority to enter into and carry out
its obligations under this Agreement. The undersigned are duly
authorized by the respective parties to execute this Agreement in their
representative capacities by all necessary corporate proceedings. The
terms, conditions and provisions of this Agreement shall extend to and be
binding upon the successors and assigns of the parties hereto. To
facilitate the execution of this Agreement, it may be executed in
counterparts, all of which shall constitute one Agreement. A copy of this
Agreement is as effective as its original.
IN WITNESS WHEREOF, the parties have set their hands
and seals this 161:'- day of _jv:(\~ 2003.
EXPLORER PIPELINE COMPANY
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CITY COUNCI L APPROVED
C~~V~LLE
Donna Arp ~
Mayor
MAY 2 0 2003