HomeMy WebLinkAboutOrdinances (O-93-930)-01/04/1993
ORDINANCE NO. 0-93-930
AN ORDINANCE PERMITTING AND REGULATING THE CONSTRUcrION,
MAINTENANCE AND USE OF A SUBSURFACE LIQUID PETROLEUM
PRODUCTS PIPELINE BY EXPLORER PIPELINE COMPANY ACROSS, OVER
AND UNDER CERTAIN STREETS, HIGHWAYS, PUBLIC RIGHTS-OF-WAY OF
THE CITY OF COLLEYVll.LE; MAKING THIS ORDINANCE CUMULATIVE OF
ALL PROVISIONS OF ORDINANCES AND THE CODE OF THE CITY OF
COLLEYVll..LE, AND REPEALING ALL PRIOR ORDINANCES IN DIRECT
CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, Explorer Pipeline Company, a Delaware corporation, hereinafter referred
to as "Explorer", desires the use of certain public street rights-of-way within the City
of Colleyville, for the purposes set forth below, pursuant to the provisions of State or
federal laws as applicable; and
WHEREAS, it is the position of the City of Colleyville that Explorer must obtain a
license in order to use the public rights-of-way; and
WHEREAS, the Colleyville City Council has determined that it is appropriate to
grant said license to Explorer;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS AS FOLLOWS:
SECTION 1.
PURPOSE
THAT the City of Colleyville (hereinafter referred to as the "City") hereby
grants to Explorer for the full term of ~i ai) years from the effective date of
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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 a single underground liquids petroleum pipeline twelve and three
quarters inches (12 3/4") in 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:
JOHN McCAIN ROAD
BRANSFORD ROAD
PLEASANT RUN ROAD
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The system will cross approximately 12~ linear feet of City right-of-way.
SECTION 2.
REGULA nON OF CONSTRUCTION
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The work done by Explorer 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. Explorer 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, occupation, or any other such
disruption of the City right-of-way or City property, Explorer 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 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
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for public convenience and safety. Explorer shall as promptly as is practicable and
reasonable in the circumstances restore all public right-of-way and property excavated
by Explorer to substantially the same condition as before such excavation and to the
reasonable satisfaction of the City. Explorer shall comply with all other construction
requirements of the City and its 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
promulgated,
C. Except in an emergency, Explorer shall not excavate any pavement
in any public right-of-way or significant amounts of any unpaved public right-of-way
or other City property without first securing the pennission of the City, but such
permission shall not be unreasonably delayed, unreasonably withheld or unreasonably
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
Explorer, at Explorer's expense, to repair, remove, or replace any Explorer system
facility that is unreasonably dangerous to life and/or property. In the event Explorer,
after notice and reasonably sufficient time, fails or refuses to correct such condition,
the City shall have the power to request removal of the same by a qualified contractor,
at the expense of Explorer and without compensation or liability for damages to
Explorer, PROVIDED THAT the City gives twenty-four hours actual notice to
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Explorer of its intent to repair, remove or replace 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 subject 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; (2) the rights of any other
governmental entity; and (3) the rights of any person, corporation 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").
B. City may require Explorer, upon reasonable notice, to relocate its pipeline
system because of changes in the grade of a street or to accommodate any other public
use of the Licensed Area required by the City. In the event relocation is required in
order to enable the City, other governmental entity, or a Permitted User to use the
Licensed Area, Explorer shall perform the required relocation as soon as practicable, at
Explorer's sole expense and without claim for reimbursement or damages against the
City, or other governmental entity, or Permitted User,
C. In the event City requires Explorer 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
Explorer's obligation that such Non-Permitted User shall have undertaken with solvent
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bond to reimburse Explorer for any such loss and expense which will be caused by or
arise out of such relocation of Explorer's pipeline system.
SECTION 4.
USE; SAFETY PROVISIONS
(a) Explorer represents and agrees that the design, construction,
operation and maintenance of the Pipeline is regulated by and shall fully meet the
requirements of 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.
(b) Explorer further agrees to the following conditions for the
installation, operation and maintenance of the Pipeline:
(1) minimum of five feet of fIll cover;
(2) erosion controls;
(3) a phone link communication and supervisory control system,
in conformance with 49 CPR 195, will be in place when Pipeline operations
commence, (such system shall be maIllled continuously - 24 hours a day, 365 days a
year - although 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 Explorer may
occur);
(4) a leak detection system will be installed which scans the
entire Pipeline at appropriate intervals;
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(5) the cathodic protection system shall be designed so that it
will not interfere with adjacent utilities;
(6) the Pipeline shall only carry liquid petroleum products,
mixing components, or derivatives (e.g. gasolines, diesels and aviation fuels); no
butane, propane, or natural gas will be transported through the Pipeline;
(7) modifications to the Pipeline shall be constructed with pipe
in conformance with 49 CFR 195;
(8) All testing of the Pipeline shall be performed as required by
49 CPR 195;
(9) All other reasonable regulations normally imposed by the
City upon petroleum product pipelines, to the extent that such regulations are not
inconsistent with or superseded by 49 CFR 195 or any other federal safety standards.
SECTION s.
CONSTRUCTION BY ABUTTING OWNERS
In the event that the governing body of the City of Colleyville grants abutting
landowners the right 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 extent permitted and determined by law, to any prior rights of Explorer, as
granted by this ordinance.
SECTION 6.
RIGHTS IN THE EVENT OF ABANDONMENT OF PUBLIC RIGHT-OF-WAY
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In the event the governing body of the City of Colleyville vacates or abandons
any public right-of-way which contains the system of Explorer installed hereunder. any
conveyance of any interest in the land contained in such vacated or abandoned street.
alley. highway or public place shall be subject to the rights of Explorer described in
this ordinance. In such event. the rights of Explorer shall be confined to the subject
street, alley. highway or public place. and shall not exceed a twenty (20) foot wide
non-exclusive license. the centerline of which shall be the centerline of which shall be
the 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 Explorer'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 Explorer's interest and the
City's interest. 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
Explorer in the same manner as an award in condemnation proceedings,
SECTION 7.
REMOVAL OF PIPELINE
At such time as this License expires by its terms or is terminated in accordance
herewith, Explorer. upon its receipt of written notice issued by the City. shall, wi~ a
reasonable period of time, remove the Pipeline from the Licensed Area. and shall
,
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restore such area to its former condition. If Explorer fails to remove the Pipeline and
restore the Licensed Area within a reasonable period of time after its receipt of such
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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 remove the Pipeline and 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
Explorer,
SECTION 8.
INSURANCE
A. Explorer 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. 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. 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.
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(3) Pollution liability insurance of a type and amount from time
to time reasonably available to Explorer in the insurance marketplace, Upon final
passage of this ordinance, Explorer 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 Explorer in the future. For so long as
insurance of this type is reasonably available to Explorer, 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 Explorer, Deductibles on this
type of insurance, if any, shall be the sole responsibility of Explorer, 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 Section
7A(3) shall not exceed a combined annual aggregate of $10,000,000. Explorer shall
carry all insurance at its sole expense and shall provide certificates of insurance to the
City that shall indicate that no cancellation or substantial modifications of such
insurance will be effective without first giving thirty (30) days written notification to
the City. The insurance must be maintained and evidence of such insurance provided
to the City throughout the term of this License.
S. City and Explorer agree that in the event that Explorer desires not to
furnish the types and amounts of insurance prescribed in Section 7A above, then
Explorer shall maintain, in lieu of such insurance and insurance amounts, a self-
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insurance program which will provide a guarantee that Explorer will fulfill its liability
obligations contemplated in Sections 7 A and 8 hereof. Explorer acknowledges that the
City has agreed to such self-insurance based on the information and representations
contained in the Financial Statements of Explorer Pipeline Company for December 31,
1992 and 1991. City agrees that such self-insurance is acceptable to the City in lieu
of the insurance requirements, provided that City, in its sole discretion, is reasonably
satisfied and reasonably assured that:
(a) a "Throughput and Deficiency Agreement", as described in note 4
of Explorer's 1991 and 1992 Financial Statements remains in effect in substantially the
form described therein;
(b) Explorer's financial condition, the fmanciaI condition of its
stockholders and of its parent companies remain substantially the same as or greater
than they are as of the date of Explorer's 1991-1992 Financial Statements.
To enable the City to satisfy itself as to the existence of conditions (a) and (b)
above, Explorer agrees, as a condition to the City's agreement to consider the use of
self-insurance in lieu of the insurance requirements, to annually furnish to the City a
copy of Explorer's Financial Statement for the previous year, with an independent
auditors report, which reflects the subject "Throughput and Deficiency Agreement" and
the fmanciaI ability of the stockholders and parent companies of Explorer to fulfill
their obligations under such Agreement.
In the event that the City is not reasonably satisfied or reasonably assured of
the existence of conditions (a) and (b) above, then City shall give written notice by
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certified mail to Explorer notifying Explorer of its dissatisfaction or lack of assurance
and the reason as therefor, and Explorer thereafter shall have sixty (60) days to furnish
revised or additional information as to conditions (a) and (b), so as to reasonably
satisfy and assure the City as to the existence of such conditions. If such additional
information is not furnished by Explorer within the said sixty (60) day period, or in
the event such additional information is furnished but does not reasonably satisfy the
City as to the existence of conditions (a) and (b), then City shall give written notice of
such and the reasons therefor by certified mail to Explorer, and thereafter Explorer
shall have sixty (60) days to furnish evidence to the City that it has acquired insurance
policies which are consistent with the insurance requirements imposed by the City on
pipeline companies at that time, or to furnish such other additional information which
reasonably satisfies and assures the City of the existence of conditions (a) and (b). If,
upon the expiration of the said sixty (60) day period, Explorer has furnished neither of
the above to the City, then City, by action of its City Council, may repeal this
ordinance and terminate the license and agreement granted hereunder, and City shall
not be liable in damages for same, either to Explorer, or to its stockholders or its
parent companies,
C. It is understood that in addition to Section 7 A or Section 7B above,
Explorer shall require its contractors, while engaged in the installation, maintenance,
orepair or replacement of the Pipeline during the term of this License, to carry the
following minimum insurance with companies approved to do business in the State of
Texas and reasonably satisfactory to the city, insurance Explorer and City against any
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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 of the Pipeline by
Explorer's contractors:
(1) Commercial general liability insurance, including completed
operations, independent contractor and contractual liability, insurance each contractor's
liability for bodily injury, and for damage to property of third panies, in the amount of
$500,000 per occurrence and in the aggregate. Each contractor's policy shall name the
City as additional insured.
(2) Commercial auto liability insurance, covering owned, hired and
non-owned vehicles, with minimum limits of $500,000 per accident, for bodily injury
and property damage combined. The City shall be named as additional insured.
(3) During initial construction of the Pipeline and during repairs or
major alterations thereof, Explorer's contractor shall obtain umbrella excess liability
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 named as additional insured,
D. It is understood and agreed that where the phrase "commercial 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 liability,
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E, In the event Explorer elects to furnish insurance policies in lieu of self-
insurance, the City reserves the right to review the amounts of the insurance required
by the City. Such review shall be conducted no more frequently than at intervals of
five (5) years, Upon such review, the City may require a reasonable increase in the
amounts of insurance. Failure by Explorer to obtain such additional insurance shall be
grounds for termination of this License.
SECTION 9.
INDEMNITY AND RELEASE
(a) Explorer agrees to indenmify and defend (with counsel of Explorer's
choice) the City, and City's officers, employees, agents, and contractors (while acting
within their official capacities) 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 the negligence of Explorer or its
representatives, agents, contractors, invitees or employees in connection with the
Licensed Area during the term of this License.
(b) Explorer agrees to indenmify and defend (with counsel of Explorer'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 expenses (including 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 Explorer,
including, without limitation, all claims in connection with the presence within the
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Licensed Area or release from or to the Licensed Area of hazardous substances or
liquid or solid waste disposed of or otherwise released into the environment as a result
of Explorer's use of the Licensed Area, when not caused by the negligence of the City,
and City's officers, employees, agents and contractors.
(c) As to the City, Explorer 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.
(d) In regard to any claim of indemnity for loss covered by Sections 8(a) and
8(b): (1) The City shall promptly notify Explorer, in writing, of such loss upon
receipt of notice of same, 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 Explorer continues to use, or has improvements in the Licensed Area,
SECTION 10.
TERMINA nON FOR CAUSE
(a) The governing body of the City reserves the right, subject to subsection (b)
below, to terminate this ordinance and License by means of ordinance or resolution
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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 above by Explorer.
(2) Explorer's failure to provide and maintain the insurance or self-
insurance coverages required by Section 7 above.
(3) Explorer'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 Explorer'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 Explorer of the fIling thereof.
(5) Any other breach by Explorer of the terms of this License.
(b) Provided, however, that with the exception of the termination rights
prescribed in Section 7 hereof, the City shall not be entitled to exercise its right of
termination hereunder unless written notice of such default shall have been delivered
to Explorer, and (1) Explorer shall have failed to cure such default within sixty (60)
clays 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 Explorer has notified the City of
such fact and outlined a detailed schedule for the cure of such default promptly after
Explorer's receipt of such notice, Explorer shall have failed to prosecute such cure to
completion in a reasonably diligent manner. If deemed necessary for safety reasons by
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the City, in the reasonable exercise of its discretion, 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
Explorer'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 11.
RECORDS
The governing body of the City and its Public Works Director shall have the
right to be kept fully informed as to matters pertaining in any way to Explorer's
exercise of its rights under this ordinance, including the installation, maintenance,
repair, replacement, operation or removal of the Pipeline, Maps, construction
drawings and specifications kept by Explorer in accordance with this ordinance shall
provide for separate and specific identification of the facilities of the system that are
located in the public right-of-way. Explorer will provide a full set of as-built
alignment drawings to the Department of Public Works of the City of Colleyville, or
other appropriate City departments as may be reasonably requested by the City. The
City shall have the right, at reasonable times, for municipal purposes, to inspect and/or
copy such maps, construction drawings and specifications, provided, however, that
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copies of such maps, construction drawings and specifications taken by the City shall
be returned to Explorer immediately upon completion of the City's use of same.
Explorer shall fully cooperate in making available its maps, construction drawings and
specifications for inspection. Maps, construction drawings and specifications required
by this ordinance and maintained by Explorer shall not leave the possession of
Explorer, subject to the above.
SECTION 12.
NOTICE
Any notice or communication required in the administration of this ordinance
shall be sent as follows:
FOR THE CITY OF COLLEYVILLE:
City Secretary
City of Colleyville
P,O, Box 185
Colleyville, Texas 76034
FOR EXPLORER PIPELINE COMPANY:
Explorer Pipeline Company
Right-of-Way Coordinator
P,O. Box 2650
Tulsa, Oklahoma 74101
or to such other address as the parties may designate from time to time, by written
notice.
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SECTION 13.
LICENSE FEE
15,000,00
Explorer shall make a payment to the City of $l~OO, representing the
(JJs( ·
ninety-nine (99)
License Fee for the iw6D~ (1i) year term of the privilege granted hereunder. 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 upon
approval by the City Council of this ordinance, The License Fee shall not be affected
by an relocation of Explorer facilities required by the City pursuant to this ordinance.
In the event Explorer fails to deliver to the City the prescribed License Fee on or
before the 30th day following the date this ordinance is approved by the City Council,
this ordinance shall be null and void and shall have no force and effect. The signature
and date entered hereinbelow by the City Manager shall constitute evidence of the
receipt said payments to the City and the date of such receipt.
SECTION 14.
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
Explorer and their respective successors and pemritted assigns. 'This ordinance
contains the entire agreement between the City and Explorer with respect to this
License, No modification or change in the terms hereof shall be binding upon either
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party unless set forth in a document duly executed by the party sought to be botmd or
otherwise expressly approved in writing by such party.
SECTION 15.
ASSIGNMENT
(a) This License may not be assigned without prior written consent of the
City, which consent will not be unreasonably withheld; provided, however, that the
determination of the City Cotmcil in this matter will be fmal and binding if made in
good faith. Such assignment, if approved, shall recite that it is subject to the tenns,
restrictions, and conditions contained in this ordinance but shall not be conditioned on
the payment of any additional consideration to the city, other than the license fee
prescribed herein and any other nominal administrative expenses. Notwithstanding the
foregoing, Explorer may assign this License to any entity into which Explorer merges
or any entity owned at least fifty percent (50%) by Explorer. The assignee shall
deliver a copy of the assignment, along with the assignee's written acceptance of the
provisions of this ordinance, to the City 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) Explorer shall not be released from its obligations heretmder unless the
City has expressly approved such release in writing.
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SECTION 16.
MISCELLANEOUS
The Public Works Director, or his duly authorized representative, is the
principal City official responsible for the administration of this ordinance, and
Explorer recognizes that questions regarding the interpretation or application of this
ordinance shall be raised initially with the designated official.
SECTION 17.
CUMULATIVE PROVISIONS
This ordinance shall be cumulative of all provisions of ordinances and of the
City, except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances and such Code, in which event, conflicting provisions of
such ordinances and such Code are hereby repealed.
SECTION 18.
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.
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SECTION 19.
PUBLICA nON
The City Secretary of the City of Colleyville is hereby directed to publish this
ordinance in the official newspaper of the City as required by the City Chaner.
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.
ACCEPTED AND AGREED TO by Explorer Pipeline Company this ~ day
of
November
, 1993,
~~~
Curtis L. Craig
Attorney and Corpo e
Secretary
tt Van Dyke, sident
. ef Executive Officer
Payment of the fee prescribed in Section 12 has been received 'tIld accepted by
the Public Works Director for the City of Colleyville this ~day of Jalll"'''''' .
1991. 'I .
~ {AJ6-n~
Lloyd W cod ---
Public Works Director
AND IT IS SO ORDERED
The first reading and public hearing being conducted on the ']tl day of JJe~~/rlbU
1993,
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The second reading and public hearing being conducted on the&}'~t day of bUt fI"l bff.
1993.
The third reading and public hearing being conducted on the J-j~ day of J an u a (\!
1991.4 /
ATIEST:
CITY OF COLLEYVll...LE
C);tM/ ;J~'
ean Harris
City Secretary
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Richard Newton
Mayor
APPROVED AS TO FORM AND LEGALITY:
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Ross T. Foster
City Attorney
23
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