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Ordinance No. 3,48621014 -15 ORDINANCE NO. 3486 AN ORDINANCE AUTHORIZING THE PAYMENT OF UP TO TWENTY FIVE HUNDRED & N01100 ($2,500.00) DOLLARS TO HOUSTON LIGHTING & POWER COMPANY AS ITS COSTS FOR THE RELOCATION OF A HOUSTON LIGHTING AND POWER POLE IN ORDER TO FACILITATE THE CONSTRUCTION OF A CITY DRAINAGE IMPROVEMENT; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, the City of Baytown is constructing drainage improvements to serve the Glen Meadow Subdivision; WHEREAS, it is necessary to relocate a Houston Lighting & Power pole and guy wire in order to facilitate the City's drainage improvements; WHEREAS, it is in the best interest of the City and its citizens to make the drainage improvements including the re- location of the Houston Lighting & Power pole and guy wire; WHEREAS, the cost of relocating said structures is estimated to be not more than Two Thousand Five Hundred & No /100 ($2,500.00). WHEREAS, the City Council of the City of Baytown desires to authorize payment up to such amount; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown hereby authorizes the payment of up to Twenty Five Hundred & No /100 ($2,500.00) Dollars to Houston Lighting & Power for the cost to Houston Lighting & Power to relocate its power pole and guy wire to facilitate the construction of the City's drainage improvements. A copy of Houston Lighting & Power's procedure for such relocation is attached and marked Exhibit "A ". Section 2: That this Ordinance shall take effect from and after its passage. 21014 -15a INTRODUCED, READ and PASSED By the affirmative vote of the City Council on this the 14th day of ATTEST: EILEEN 1'. HALL,' City Clerk APPROVED: RANDALL B. iROM, City orney f) October . 1982. N • OTTO, "Attachment A" 21014 -15b The Light COiL parry Houston Lighting & Power P.O. Sox 1700 Houston, Texas 77001 (713) 228 -9211 Mr. Fritz Lanham, City Manager City of Baytown P.O. Box 424 Baytown, Tx 77520 RE: EASEMENT GRANT TO -CITY OF WITHIN THE BAYTOWN -CEDAR 122 -82 -133 Dear Mr. Lanham: October 4, 1982 BAYTOWN FOR 4 -24" DRAINAGE PIPES BAYOU RIGHT OF WAY; P.S. 122; PNO Houston Lighting & Power Company has completed its review of the information sent to this Company regarding the proposed installation of 4 -24" drainage pipes within the above referenced Houston Lighting & Power Company right of way. Based on the information provided, this Company will pose no objection to the granting of the easement necessary for the proposed installation.' However, the granting of this Company's permission is subject to the agreement of the City of Baytown (Grantee) to the following: 1) Grantee hereby binds itself, its successors, assigns, agents, and licensees to indemnify and.hold Houston Lighting & Power Company harmless from all claims, lawsuits, costs, and damages for injury to any person or property arising out of or in any way connected with the construction and use of the subject drainage pipes on Houston Lighting & Power Company's property, except where such injuries are caused solely by the negligence of Houston Lighting & Power Company, its agents or employees. 2) Grantee hereby binds itself, its successors, assigns, agents, and licensees to adhere to the specifications outlined in the following attachment: a) Items 1 -17 of the attached "Construction Requirements for Pipelines on Houston Lighting & Power Company Substation and Power Plant Property Right of Way" during the course of all work performed on the right of way and b) Items 1 -6 of the attached "Construction Requirements for Pipelines Crossing Houston Lighting & Power Company's Fuel Oil Pipeline ". 21014 -15c Houston Lighting & Power Company Mr. Fritz Lanham, City Manager -2- October 4, 1982 3) Grantee agrees to assume all liability for any damage to Houston Lighting & Power Company's facilities when such damage is caused by or in any way - connected with these installations. 4) Grantee agrees to reimburse Houston Lighting & Power Company for the cost of any temporary or permanent alterations or repairs to its facilities necessitated by these installations. 5) The easement to be granted will be for the width of 20' together with the rights of ingress and egress to construct, remove, repair, main- tain, and inspect said drainage pipes at the locations which have been submitted and approved by Houston Lighting & Power Company's Transmission Department. If`any alterations are required in the drainage pipes route, they must be approved by Houston Lighting & Power Company prior to construc- tionband a metes & bounds description must be submitted. 6) The subject drainage pipes shall be installed within the easement area granted by Houston Lighting & Power Company. If at-a later date the drainage pipes are found to be outside of its approved location, then Grantee will, at its own cost and expense, relocate the said structure to its proper easement location. Grantee agrees to provide Houston Lighting & Power Company with accurate certified metes & bounds descriptions of the drainage pipes in order to prepare an easement instrument. 7) Grantee agrees to reimburse Houston Lighting & Power Company for the actual overtime cost incurred by this Company as a direct result of on site supervision for inspection purposes by Houston Lighting & Power Company personnel. 8) Houston Lighting & Power Company also maintains distribution facilities along and within this right of way. It will be necessary to adjust said distribution facilities in conflict with the requested easement. The estimated cost of relocation is $1,875.00. Since this work would be for the benefit of the City of Baytown, then the City of Baytown must reimburse Houston Lighting & Power Company all related costs. It is requested that the City of Baytown provide this Company a certified copy of a City Council Motion authorizing this reimbursement. Upon receipt of said Council Motion, this Company can then issue the necessary.work order and begin preparation of the joint use instrument. 21014 -15d Houston li;hfing & Power Company Mr. Fritz Lanham, City Manager -3- October 4, 1982 9) The proposed drainage installation will cross under this Company's fuel oil pipeline. The Grantee must agree to maintain a minimum of 18 inches (wall to wall) vertical clearance below the fuel oil pipe- line. Since the top of the fuel oil pipeline is at an elevation of 43.41 feet, the top of the proposed drainage pipes can be no higher than an elevation of 40.51 feet. Also the proposed drainage facility must be installed by boring with the edge of the bore pits at least 10 feet on either side of the fuel oil pipeline. This Company under- stands that the City of Baytown Engineer will revise the current design of the project to meet these requirements. If all the above conditions are not fulfilled and /or this agree- ment is not executed and returned within 60 days of the above date, this agreement and the offer to grant the easement shall.become null and void. If the foregoing terms and conditions are acceptable, please have Mr. Fritz Lanham, City Manager sign and return the original of this agreement, thereby indicating acceptance of the terms herein contained. Take care to have the signature properly notarized in the acknowledgement statement provided. Upon return of the executed original of this agree- ment and the deposit, Grantee may notify Houston Lighting & Power Company of its intent and may begin construction on this Company's property. Very truly yours, Tom McDonald, Agent Land & Right of Way Department 229 -7330 TM /mr Attachments ACCEPTED AND AGREED This day of , 1982 BY: Name Title STATE OF TEXAS 21014 -15e County r BEFORE ME, the undersigned authority, a Notary public in and for County, Texas, on this day personally appeared known to me to be the person whose name is /are subscribed to the fore- going instrument and acknowledged to me that executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _ day of. A.D. 19 Notary public County, Texas == 21014 -15f CONSTRUCTION REQUIREMENTS FOR PIPELINES ON HOUSTON LIGHTING & POWER COMPANY SUBSTATION, POWER PLANT PROPERTIES AND RIGHTS -OF -WAY. As a prerequisite to pipeline installation on Houston Lighting & Power Company fee property or easements, hereinafter called Right -of -Way, the pipeline owner shall agree to and be responsible that his contractor and /or subcontractors abide by the following construction requirements: 1. The pipeline owner is responsible 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 pipeline owner shall give the name and telephone number of his representative, or inspector respon- sible for the pipeline installation, to insure that a pre- liminary and final inspection of the Houston Lighting & Power Company structures and properties will be performed. The repair of damages to Houston Lighting & Power Company facil- lities, caused by the pipeline owner's contractor, shall be paid by the pipeline owner. No work for 11 21014 -15g Page 2 initial installation shall be performed on Saturdays, Sundays, and Holidays on Houston Lighting & Power Company property unless approved by Houston Lighting & Power Company. 3. The pipeline owner's representative, agent, or in- spector shall have a copy of the signed agreement or letter of authority to construct pipelines on Houston Lighting & Power Company Right -of -Way 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 con- struction 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 pipeline owner. 5. Under no circumstances shall the natural drainage pattern of the Houston Lighting & Power Company Right -of -Way be blocked by construction. 6. Pipelines shall have minimum cover of four (4) feet for longitudinal installations on R.O.W. 21014 -15h Page 3 and pu r (4 ) feet for perpendicular crossings measured from the top of the pipe to the natural ground level. 7. Sloughing or caving of an open excavation shall be controlled. The installation of sheet piling, cribbing or other protective measures will be required when stipulated by the Houston Lighting & Power Company inspector. 8. Trenching or excavation operations will not be permitted within twenty (20) feet of any structure foundation measured at ground level, unless approved by Houston Lighting & Power Company. 9. Pipelines to be installed within twenty (20) feet of any 'structure foundation shall be installed by either boring, tunneling, or other protective methods ap- proved by Houston Lighting & Power Company's Engin- eering Department. Where boring is performed, the hole shall not be more than one (1) inch greater than the Q.D. of the pipe and the protective Coating or casing. Where tunneling is performed and column bents for concrete are used, the top of the concrete shall be a minimum of three (3) feet below ground level and the remainder of the column shall be filled with base material or selected clay and compacted to 95% standard proctor density. Dewatering will be per- mitted only if approved by Houston Lighting & 21014 -15i Page 4 Power Company's Engineering Department. 10. Trenches shall be backfilled and compacted suffi- ciently to prevent future settlement and crowned as required by the Houston Lighting & Power Company inspector. 11. No structure of any type shall be constructed on the Houston Lighting S Power Company Right -of -Way unless described in detail in the formal agreement document, except for test point terminals and pipe- line markers, which shall be installed in locations such that they do not create an obstruction to Houston Lighting & Power Company equipment traveling the Right -of -Way. 12. A minimum 24 -feet 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. 13. 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. 14. The pipeline owner 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. 21014 -15j Page 5 15. Upon completion of the pipeline 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 material 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- p established. 16. 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 eleva- tions. Spoils material shall not exceed the eleva- tion of the concrete cap of the tower foundation. The spoil material beneath the tower shall be com- pacted with a tamper or hand vibratory equipment and shaped to a smooth finish to provide proper drainage. Absolutely no self - propelled equipment shall be allowed directly beneath the tower. 17. The pipeline owner shall guarantee all work performed by him or his agent against any and all defects in work- manship and shall, at his sole cost and expense, make repairs as may be necessary to remedy such defects. REV. 7 -23 -81 21014 -15k 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: 1. 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. No work for initial installation shall be performed on Saturdays, Sundays and Holidays on Houston Lighting & Power Company property unless approved by Houston Lighting & Power Company. 2. 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. 3. 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). 4. 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. 5. The pipeline owner shall agree that it will not connect drainage bonds between its pipeline and the Houston Lighting & Power Company pipeline. 6. 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. REV. 2 -23 781