Ordinance No. 3,60830428 -3
ORDINANCE NO. 3608
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK OF THE CITY OF BAYTOWN TO
EXECUTE AND ATTEST TO AN AGREEMENT WITH HOUSTON
LIGHTING & POWER FOR AN EASEMENT ACROSS HOUSTON
LIGHTING & POWER PROPERTY FOR THE EXTENSION OF
ROLLINGBROOK DRIVE; AND AUTHORIZING THE PAYMENT OF
$29,523.00 FOR ENCASEMENT OF A PIPELINE; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
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 approves,
authorizes, and directs the City Manager and City Clerk of the City of Baytown to
execute and attest to an agreement with Houston Lighting & Power for an easement
across Houston Lighting & Power property for the extension of Rollingbrook Drive.
A copy of said Agreement is attached hereto, marked Exhibit "A ", and made a part
hereof for all intents and purposes.
Section 2: That the payment of $29,523.00 to Houston Lighting & Power for
the encasement of their fuel oil pipeline is hereby authorized.
Section 3: This ordinance shall take effect from and after its passage.
INTRODUCED, READ and PASSED by the affirmative vote of City Council
of the City of Baytown on this the 28th day of April, 1983.
AMEN CANNON, Mayor
ATTEST:
P.
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, C[t ttorney
30428 -3a
The Licht
company Houston Lighting & Power P.O. Box 1700 Houston, Texas 77001 (713) 228-9211
Mr. Fritz Lanham
City Manager
City of Baytown
P. 0. Box 424
Baytown, Texas 77520
RE: EASEMENT GRANT TO THE
DRIVE AND A DRAINAGE
RIGHT OF WAY
Dear Mr. Lanham:
April 22, 1983
CITY OF BAYTOWN FOR THE EXTENSION OF ROLLINGBROOK
STRUCTURE ACROSS THIS COMPANY'S BAYTOWN -CEDAR BAYOU
Houston Lighting & Power Company has completed its review of the informa-
tion sent to this Company regarding the proposed installation of a road and
drainage structure across the above referenced Houston Lighting & Power
Company fee strip and adjoining easement. Based on the information provided,
this Company will pose no objection to the granting of the easement /permis-
sion to cross necessary for the proposed installations. However, the grant-
ing 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
installations 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..." during the course of all work performed
on the right of way.
Houston Lighting & Poker Company
Page 2
30428 -3b
(b) Items 1 -16 of the attached "CONSTRUCTION REQUIREMENTS
FOR STREETS AND ROADS" during the course of all work
Performed on the right of way.
(3) Grantee agrees to assume all liability for any damage to
Houston Lighting & Power Company 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. It will
be necessary to encase this Company's fuel oil pipeline in
order to allow the construction of the proposed road and storm
sewer at an estimated cost of $29,523.00. Since the work will
be for the benefit of the City of Baytown, then the City of
Baytown must reimburse Houston Lighting & Power Company of all
related cost. It is requested that the City of Baytown provide
this Company with 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.
(5) The subject roadway shall be installed within the easement area
granted by Houston Lighting & Power Company. If, at a later date,
any portion of the roadway is found to be outside of its approved
location, then Grantee will, at its own cost and expense, relocate
the said roadway to its property easement location. Additionally,
the storm sewer will extend beyond the proposed north right of
way line of Rollingbrook Drive. A revised metes and bounds descrip-
tion covering an additional fifteen feet on the north side of the
proposed road needs to be provided in order to facilitate the
preparation of the formal easement instrument.
(6) Grantee agrees to reimburse Houston Lighting & Power Company for
the actual overtime labor cost incurred by this Company as a direct
result of on site supervision for inspection purposes by Houston
Lighting & Power Company personnel.
(7) There will be no charge for the easement grants, provided that
Houston Lighting & Power Company incures no assessment charges as
a result of the construction of the proposed installations across
the subject right of way.
(8) Grantee agrees to refrain from placing and shall remove all signs,
structures, building materials, spoil, and debris from Houston
Lighting & Power Company's right of way during the course of the
construction and use of the roadway and adjacent property.
Houston Lighting& Power Compan�-
Page 3
30426 -3c
If all the above conditions are not fulfilled and /or this agreement
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 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 agreement, Grantee may notify Houston Lighting & Power Company
of its intent and may begin construction on this Company's property.
RWS /csm
Attachments
ACCEPTED AND AGREED
This _ day of
BY:
Fritz Lanham, City Manager
City of Baytown
Very truly yours,
C1 - 1) \ 1-0
Ronald W. Stokes
Land & Right of Way Department
229 -7329
19
Houston Lighting & Power Company
STATE OF TEXAS
COUNTY
Page 4
30428 -3d
BEFORE ME, the undersigned authority, a Notary Public in and for
County, Texas, on this day personally appeared Fritz Lanham
City Manager, City of Baytown, Texas known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and consideration therein
expressed in capacity therein stated and as the act and deed of said City.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
A. D. is .
Notary Public, _ County, Texas
30428 -3e
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 Lightine & 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.
hall be installed beneath the Houston Lighting & Pow any
pipeline. A (minimum) vertica wa 1, c ear 1$)
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
back£illed until a Houston Lighting & Power Company inspector has approved
the crossing installation.
30428 -3f
CONSTRUCTION REQUIREMENTS FOR STREETS AND ROADS
ON
HOUSTON LIGHTING A POWER COMPANY SUBSTATION AND
POWER PLANT PROPERTY AND RIGHT -OF -WAY
As a prerequisite to obtaining a street 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:
I. 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 shall be adhered to
as. a minimum.
2. Houston Lighting & Power Company Transmission Engineering
Division (713 - 966 -6011) 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 the street
installation, 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
Lighting & Power Company property unless approved by Houston
Lighting & Power Company.
30428 -3g
Page 2
3. The developer's representative,"agent, or inspector shall have a
COPY of the signed agreement or letter of authority to construct
the street 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. Adequate drainage shall be provided at each street
or road crossing.
6. 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.
7. 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.
8. Houston Lighting & Power Company structures located within ten
(10) feet of the Proposed street or roadway will be relocated at
3042$ -3h
Page 3
the developer's expense. The structures will be relocated by
Houston Lighting & Power Company construction forces, and a
90 -day notice will be required before such relocations will be
performed.
9. No structures of any type shall be constructed on the Houston
Lighting & Power Company Right -of -Way unless described in detail
in the formal easement document. If any structure such as an
overpass or underpass is installed, all costs to adjust existing
installations will be at the developer's expense.
10. Barricades to protect Houston Lighting & Power Company
structures may be installed as required by Houston Lighting &
Power Company Engineering before construction of the street or
road begins.
11. The developer shall install, for Houston Lighting & Power
Company's use, a twenty (20) foot wide drive on both sides of the
street or road. The drives shall be located with their
centerline 49 feet Wes4 of the Ea Houston Lighting &
Power Company right -of -way line. Curb cut -outs shall be
installed on a five (5) foot radius.
12. 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.
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.
w
30428 -3i
Page 4
14. 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.
15. Upon completion of the street 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 may be necessary to
remedy such defects.
REV. 1 -23 -81