Ordinance No. 3,38020513 -5
ORDINANCE NO. 3350
AN ORDINANCE AUTHORIZING THE PAYMENT OF TWENTY FIVE
THOUSAND FOUR HUNDRED SIXTY & N01100 ($25,460.00)
DOLLARS TO HOUSTON LIGHTING & POWER COMPANY AS ITS
COSTS FOR THE RELOCATION OF A HOUSTON LIGHTING AND
POWER PIPELINE IN ORDER TO FACILITATE THE LOCATION
OF A CITY DRAINAGE PIPE.
WHEREAS, the City of Baytown is constructing a drainage
pipeline to serve the Glen Meadow Subdivision;
WHEREAS, it is necessary to construct this line over
and across a Houston Lighting & Power Company Pipeline;
WHEREAS, it is necessary to relocate Houston Lighting
& Power's pipeline in order to facilitate the City's drain-
age pipeline;
WHEREAS, it is in the best interest of the City and
its citizens to make the drainage improvements including the
relocation of Houston Lighting & Power's pipeline.
WHEREAS, the cost of relocating said pipeline shall be
Twenty Five Thousand Four Hundred Sixty & No /100 ($25,460.00)
Dollars;
WHEREAS, the City Council of the City of Baytown desires
to authorize payment of such amount; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That the City Council of the City of
Baytown hereby authorizes the payment of Twenty Five Thou-
sand Four Hundred Sixty & No/100 ($25,460.00) Dollars to
Houston Lighting & Power for the cost to Houston Lighting
& Power to relocate its pipeline to facilitate the placement
of the City's drainage pipeline. A copy of Houston Lighting
& Power's procedure for such relocation is attached and
marked Exhibit "A ", and a copy of the metes and bounds marked
Exhibit "B ".
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Section 2: That this ordinance shall take effect
from and after its passage.
INTRODUCED, READ and PASSED by the affirmative vote
of the City Council of the City of Baytown on this the 13th
day of May , 1982.
ATTEST:
M LEEK P. HALL, City Clerk
c;/
METT � H UTTO, Mayor
APPROVED:
RANDALL B. STRONG, City A rney
-2-
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The LA ht
Company
Houston Lighting&. Power
February 18, 1982
Mr. Fritz Lanham, City Manager
City of Baytown
P. 0. Box 424
Baytown, Texas 77520
Dear Mr. Lanham:
We have recently been working with Mr. Norman Dykes, City Engineer, con-
cerning the proposed 75 foot wide drainage easement crossing of the Houston
Lighting & Power Baytown Cedar Bayou right -of -way, PS 122. It is identified
by the City on a drawing entitled "Glen Meadows Subdivision Out Fall Ditch"
sheet 2 of 2, dated June 25, 1981, revised September 30, 1981.
The City's plans propose a 48 inch diameter reinforced concrete pipe to
cross the HL &P right -of -way and the 12 inch fuel oil pipeline located within
the right -of -way. It will be necessary to lower the pipeline approximately
2.41 feet to accommodate the drainage pipe in the easement.
We are agreeable to lowering these facilities as requested on the basis
of the City reimbursing the Company for the actual cost of the work performed
which is estimated to be $25,460.00. The City will be invoiced within 60 days
after completion of the work.
In addition, we ask that the City provide a metes and bounds description
of the easement tied to a HL &P property corner. This will be used in the
preparation of the easement instrument.
The attached specifications titled " CONSTRUCTION REQUIREMENTS FOR DITCHES
OF HOUSTON LIGHTING & POWER COMPANY RIGHT -OF -WAY" and "CONSTRUCTION REQUIRE-
MENTS FOR PIPELINES CROSSING THE HOUSTON LIGHTING & POWER COMPANY FUEL OIL
PIPELINE" must be used during construction of the drainage ditch.
Should you find the foregoing terms acceptable, we would appreciate your
acknowledging acceptance by signing in the space provided and furnishing us
with a certified copy of the Council motion accepting the proposal. Upon
acceptance the Company will begin work on the project and provide easement
instruments for the drainage facilities at no additional cost to the City.
EXHIBIT "A"
P.O. Box 210 . 333 Ward Road . Baytown, Texas 77520 . (713) 427 -7581
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Houston Lighting & Bower Company
Mr. Fritz Lanham, City Manager
Page 2
Sincerely yours,
Jim F. 4fer
District Manager
Approved and accepted this
day of , 19
By
JFS:fe
Attachments
1.
2.
3.
4.
5.
RM
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CONSTRUCTION REQUIREMENTS FOR PIPELINES CROSSING
The Houston Lighting & Power Company Fuel Oil Pipeline
As a prerequisite to obtaining a pipeline easement and /or permission
to install a pipeline across the Houston Lighting & Power Company Fuel Oil
Pipeline, the pipeline owner, its.contractor and /or subcontractor shall
agree to the following construction requirements:
The pipeline owner shall notify the Houston Lighting & Power Company System
Dispatcher (659- 8777), at least forty -eight (48) hours prior to the said
crossing.
The pipeline shall be installed beneath the Houston Lighting & Power Company
pipeline. A (minimum) vertical, wall to wall, clearance of eighteen (18)
inches must be maintained between pipes.
The pipeline owner is not to probe or excavate for the location of the Houston
Lighting & Power Company pipeline. (Upon request, Houston Lighting & Power
Company will furnish a survey crew to stake the exact location and depth of
its pipeline.)
The pipeline owner shall agree to assume all liability for any damage to the
Houston Lighting & Power Company pipeline (its insulation, cathodic protection,
etc.), when such damage is caused by, or in any way connected with the
pipeline installation.
The pipeline owner shall agree that it will not connect drainage bonds between
its pipeline and the Houston Lighting & Power Company pipeline.
The pipeline owner shall agree that the said pipeline crossing will not be
backfilled until a Houston Lighting & Power Company inspector has approved
the crossing installation.
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CONSTRUCTION REQUIREMENTS FOR DITCHES
ON
HOUSTON LIGHTING & POWER COMPANY RIGHT -OF -WAY
As a prerequisite to obtaining a ditch easement and right -of -way
from Houston Lighting & Power Company, the developer shall agree to,
shall be responsible for, and shall require that his contractor
and/or subcontractors abide by the following construction
requirements:
1. The developer shall assume the responsibility for notifying all
parties having an- interest -in or an- easement -on, under, or above
the subject Houston Lighting & Power Company property or
right -of -way. The construction requirements of these parties
with prior rights shall be observed; however, the Houston
Lighting & Power Company construction requirements shall be
adhered to as a minimum.
2. Houston Lighting & Power Company Transmission Engineering
Division (713 - 966 -5011) shall be notified seven (7) days prior to
beginning ANY TYPE of work so that inspection may be arranged.
The developer shall give the name and telephone number of his
representative, or inspector responsible for ditch construction,
to insure that a preliminary and final inspection of the Houston
Lighting & Power Company structures and properties will be
performed. The repair of damages to Houston Lighting & Power
Company facilities, caused by the developer's contractor, shall
be paid by the developer. No work for initial installation shall
be performed on Saturdays, Sundays, and Holidays on Houston
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Page 2
Lighting & Power Company property unless approved by Houston
Lighting & Power Company.
3. The developer's representative, agent, or inspector shall have a
copy of the signed agreement or letter of authority to construct
ditches on Houston Lighting & Power Company property at the
construction site whenever ANY TYPE of work is being performed on
Houston Lighting & Power Company Right -of -Way.
4. Any violation of the requirements contained herein shall be
considered as grounds, by the Houston Lighting & Power Company
inspector, to cause construction to cease until corrective
actions are taken. If the contractor fails or refuses to modify
his procedures in an acceptable manner, the attached letter
agreement may be declared null and void upon written notification
by Houston Lighting & Power Company to the developer.
5. Under no circumstances shall the natural drainage pattern of the
Houston Lighting & Power Company Right -of -Way be blocked by
construction.
6. the high bank of the ditch shall not be closer than twenty (20)
feet to any structure foundation measured at ground level, unless
approved by Houston Lighting & Power Company.
7. Ditch design shall be such that erosion is controlled by side
slopes, natural vegatation, riprap or other approved methods as
shown on submitted drawings.
8. No structure of any type shall be constructed on the Houston
Lighting & Power Company Right -of -Way unless described in detail
in the formal easement document.
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Page 3
9. A minimum 20 -foot wide area shall be left free of obstacles and
equipment at all times to provide a.passable area for Houston
Lighting & Power Company heavy equipment along its right -of -way.
10. No equipment or material shall be permitted on the right -of -way
at a height greater than 15 feet above natural ground elevation.
Cranes, lifts, etc. shall be blocked so that operators may not
bring the boom to a greater height.
11. The developer shall install, for Houston Lighting & Power
Company's use, a twenty (20) foot wide roadway across the ditch.
This roadway sha 1 be located with its centerline feet
Sof the ®r-f Houston Lighting & Power Company
Right -of-Way line and shall have a minimum load capacity of H2O
loading.
12. The developer shall insure that his contractors and /or agents
are familiarized with and comply with all local, state, and
federal codes for operating equipment within the areas of high
voltage power lines.
13. Spoiling will be allowed as approved by Houston Lighting & Power
Company Engineering, if provisions for adequate drainage of the
Houston Lighting & Power Company Right -of -Way are provided.
14. The elevation beneath a Houston Lighting & Power Company
transmission tower within the limits of the proposed work shall
be maintained equal to or greater than the surrounding finished
grade elevation. Spoil material shall not exceed the elevation
of the concrete cap of the tower foundation. The spoil material
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Page 4
beneath the tower shall be compacted with a tamper or hand
vibratory equipment and shaped to a smooth finish to provide
proper drainage. No self - propelled equipment shall be allowed
directly beneath the tower.
15. Upon completion of the ditch installation, the Houston Lighting
& Power Company right -of -way shall be graded to a smooth finish
and all excess material shall be either removed from the
right -of -way or distributed on the right -of -way as directed by
the Houston Lighting & Power Company inspector. All trash or any
other objectionable materials resulting from construction shall
be removed from the property by the contractor. The natural
drainage pattern of the right -of -way or property shall be
maintained, and all previously existing ditches shall be
re- established.
16. The developer shall guarantee all work performed by him or his
agent against any and all defects-in workmanship and shall, at
his sole cost and expense, make repairs as necessary to remedy
such defects.
Rev. 2 -21 -80
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EXHIBIT "B"
BEING a tract or parcel of land containing 0.036 acres of
land in the J. W. Singleton Survey, Abstract No. 709 and
lying within that certain 1.077 acre tract as• conveyed to
Houston Lighting & Power Company on September 10, 1970 and
recorded in Film Code 120 --32 --1726 through 120 -32 -1728 (Vol.
8140, Page 121) of the Deed Records of Harris County,'Texas,
said 0.036 acres being a 20.0 foot wide drainage easement
and which is more particularly described by metes and bounds
as follows:
BEGINNING at a 5/8 inch iron rod marking the Northeast
corner of said 1.077 acre tract of land;
THENCE South 12003' 50" East along the East line of
said 1.077 acre tract of land a distance of 79.26 feet
to a point for a corner, said corner being the Northwest
corner of the Glen ?,Meadow, Section III Subdivision as
recorded in Vol. 156, Page 75 of the Map Records of
Harris Coutny, Texas;
THENCE South 780 37' 40" West a distance of 20.0 feet
to a point for a corner;
THENCE North 120 03' 50" West a distance of 78.96 feet
to a point on the North boundary line of said 1.077
acre tract of land;
THENCE-North 780 14' 30" East a distance of 20.0 feet
to the Point of Beginning, being a tract of land contain-
ing 0.036 acres of land, more or less.'