HomeMy WebLinkAboutResolution - 2010-R0221 - Application For Installation Of Pipelines W/Lake Alan Water System Project - 05/13/2010Resolution No. 2010-RO221
May 13, 2010
Item No. 5.3
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby acknowledge and
ratify the "Application for Installation of Pipelines," in connection with the Lake Alan
Henry Water System Project - Raw Water Pipeline, providing for eight (8) Garza County
roadway crossings and the payment to Garza County, Texas of $25,216.00 in associated
permits, maintenance and damages to the roadways, engineering, inspection and legal
fees, and all related documents. Said "Application for Installation of Pipelines" and the
related "Approval" and "Specifications for Placing Waterline Within the Rights of Way,
Paralleling or Crossing All County Roads in Garza County, Texas," are attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council
Passed by the City Council on May 13, 2010
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M MARTIN, MAYOR
ATTEST:
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RebeceN Garza, City Secretary
APPROVED' AS TO CONTENT:
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Marsha Reed, P.E., Chief Operations Officer
JCG - Q `.CITYATTV014MResolutions\RES Application for Installation of Pipeline.Garza County 5.13.10.doc
Resolution No. 2010-R0221
APPLICATION FOR INSTALLATION OF PIPELINES
NUMBER DATE/PRECINCTS
TO THE HONORABLE COMMISSIONER'S COURT:
GARZA COUNTY, TEXAS
Formal notice is hereby given that the City of Lubbock, Texas (the "City" or
"Lubbock") proposes to place a single forty-two inch (42") or forty-eight inch (48") freshwater
pipeline and related appurtenances (collectively, the "Pipeline") within, over and across the
rights-of-way of each of County Road Nos. 105, 115, 125, 160, 210, 226, 298, and 310 in Garza
County, Texas, by open ditch or bore, as indicated for each specific County Road, in accordance
with (i) the terms of the Approval set forth below, and (ii) the construction plans and
specifications dated &,joU, j 9 , 20 6Q, provided in triplicate with this Application (the
"Plans").
The location and description of the proposed Pipeline is more fully shown on the Plans.
The Pipeline will be constructed and maintained by the City on the County rights-of-way as
directed by the County Commissioners Court and in accordance with governing laws and the
below Approval.
Construction of the Pipeline will be performed by and on behalf of the City by
V AW j , contractors ("Contractor"), who shall be bound by all of the
terms and conditions of the Approval set forth below.
Construction of the Pipeline will begin on or before the _L day of -' , 2010.
City of Lubbock, Texas
By:'
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Address:
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Resolution No. 2010-RO221
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APPROVAL
TO: City of Lubbock, Texas DATE:
The Commissioners' Court of Garza County, Texas (the "County"), approves of the location of
on County rights-of-way of the City of Lubbock's (the "City") Pipeline as shown on the Plans
except as noted below. This Approval is conditioned upon compliance by the City and the
Contractor at all times with the Plans and applicable laws and the terms of this Approval. Any
changes to the Plans must be resubmitted to the County for approval.
It is expressly understood that Garza County does not purport hereby to grant any right, claim,
title, or easement in or upon any roadway, other than as defined herein.
All work on the right-of-way shall be performed in accordance with the Approval set forth
below, the Garza County Public Works Department, the Plans, the rules, regulations and
policies of Garza County and all applicable laws, rules, and regulations. In any instances where
the foregoing conflict, the stricter standard shall prevail. In the event of a dispute as to the
governing standard, the determination of the Garza County Public Works Department shall be
binding. The installation shall return the right-of-way and the roadway surface to existing or
better condition and adequate provisions must be made to cause minimum inconvenience to
traffic and adjacent property owners as set out herein. Special specifications for construction of
the Pipeline are set forth below and in the attached Plans:
Please notify County Commissioners at (806) 495-4405, forty-eight (48) hours prior to starting
construction of the Pipeline within each right-of-way segment, in order that the County
Commissioners may, at its option, have a representative of the County present. Any additional
notice required or permitted to be given to the County or the Commissioners' Court shall be
given by calling the foregoing number during normal business hours.
BY: 9�9v7,
COUNTY JUDG OR PRESIDING OFFICER
SPECIFICATIONS FOR PLACING WATERLINE WITHIN THE
RIGHTS OF WAY, PARALLELING OR CROSSING ALL COUNTY
ROADS IN GARZA COUNTY, TEXAS;
1. As used herein, the term "Garza County Public Works Department" shall mean the CT
Brannon Corporation, Calvin T. Brannon, P.E., or his authorized representative. References to
the "County Commissioners" or the "Commissioners' Court" or to the "County" shall refer to
the Commissioners' Court of Garza County, Texas.
2. (a) The Pipeline shall be of sufficient strength to resist rupture by normal excavation
work within the right of way.
(b) All pipeline crossings under the roadbed of a surfaced or paved or blacktop road
shall be placed by boring. Where right of way widths permit, boring shall extend for a
minimum distance of pavement width plus twenty (20) feet, no ditch or excavation work shall
extend nearer than ten (10) feet to the edge of the paved surface of any low traffic roadway; and
no nearer than thirty (30) feet to the edge of any high traffic roadway. All pressurized pipeline
crossings under the roadbed of a gravel, or an un -surfaced or non -paved road shall be by open
ditch. In all instances (whether the Pipeline is placed in an open ditch or bore) the pressurized
Pipeline shall be enclosed in satisfactory casing pipe extending from right of way line to right of
way line. The casing shall have a minimum cover of at least two (2) feet within the right of
way.
3. The PARAGRAPH applies in all instances where an open ditch is utilized to lay the
pipeline in which event the following conditions shall govern:
(a) All backfilling of dirt or caliche, within roadway width, shall be done within plus or
minus three percent of optimum moisture, in six (6) inch lifts and tamped sufficiently to obtain
95% Standard Proctor density when tested in accordance with ASTM D-698. Density tests shall
be furnished to the County from a reliable testing laboratory within ten (10) business days from
the time the City receives the tests.
(b) Cuts, backfill, replacement of base material and re -surfacing of the roadway are to
be performed in a neat and workmanlike manner and shall conform to the Plans.
4. Roadways damaged by the installation of the Pipeline shall be repaired to a condition
reasonably equal to or better than that which existed prior to commencement of construction of
the Pipeline and otherwise as reasonably directed by the Garza County Public Works
Department.
5. Barricades, warning signs and flagman shall be provided by the City and its Contractor
and shall at all times be in accordance with the current edition of the Texas Manual of Uniform
Traffic Control Devices.
6. The City shall use reasonable fire protection measures and shall comply with any County
burn ban regulations as may be enacted from time -to -time by Garza County.
7. The City shall provide for at least one open lane of travel surface along each affected
right of way at all times (which may be outside of the existing roadway but within the right of
way) and for paved roadways, one-half of the paved travel surface must be open to traffic at all
times. Additionally, the entire roadway must at all times be maintained by the City in a
condition that is in accordance with the Texas Manual on Uniform Traffic Control Devices.
8. The County or its representatives may inspect each crossing at any time. Further, the
City shall inspect each completed crossing at least quarterly for eighteen months after the
completion of the crossing in question. In the event of any roadway or right of way damage that
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is reasonably determined by the County Commissioners to be solely related to the installation of
the Pipeline (including damage by traffic, maintenance operations, highway construction or re-
construction, erosion, subsidence or any other reason whatsoever, the City shall at its sole cost
and expense make repairs to the roadway promptly. All repairs shall meet the approval of the
Garza County Commissioners, whose approval shall not be unreasonably withheld. In the event
of any emergency the County shall have the right, but not the obligation, to make repairs at the
City's expense and the City shall reimburse the County for such documented expenses within
thirty (30) days of a request therefore.
9. Both the temporary backfill and the permanent repair to any trenched roadway surface
shall be placed and maintained smooth and at equal elevation to the surrounding pavement
surface, and shall be of a quality equal to or better than the pre -construction roadway condition.
10. All installations of buried cables, pipes, conduits, etc. are to be approved by the
Commissioner's Court.
11. The Commissioners Court is to be notified forty-eight (two (2) business days) prior to
the beginning of construction upon any crossing of any County right of way.
12. The City will give plans to the County for substantial modification or further expansion
of the Pipeline and the County will have 30 days to review and approve the plans prior to
commencement of the work, which approval shall not be unreasonably withheld. A new
Application may be required as a condition of approval.
13. The City will minimize erosion and sedimentation resulting from the proposed
installation.
14. As -built plans/certification of construction are required and must be signed and sealed
by a State of Texas Licensed Professional Engineer and delivered to the Commissioners Court
within ten (10) days from the time the City receives them.
15. The City shall be responsible for its own negligence, to the extent allowed by law, for
the construction of the Pipeline; however, nothing in this Approval shall be construed as a
waiver of any immunity or limitation of damages provided by the Texas Tort Claims Act or
other law.
16. All new application submissions, including any submissions for modifications and
relocations shall be in accordance with the governing laws, rules, regulations and policies
existing at the time of submission. In the event the City fails to comply with any or all of the
requirements as set forth in an application for any subsequent approval, the County may take
such action as it deems appropriate to compel compliance including, but not limited to,
terminating this Approval and denying access to County rights of way, provided that the County
has given the City notice of the violation or deficiency and a reasonable opportunity to cure.
17. Upon submission of this Application, the City shall pay to the County the following fees
and expenses: (i) $2,500.00 as a permit fee, (ii) $6,316.00 for damage and maintenance costs
based upon $10 per linear foot of the Pipeline (631.60 linear feet), (iii) $12,400 for fees of the
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Inspecting Engineer, and (iii) $4,000 for legal fees for the drafting and negotiation of this
Permit.
18. A check or money order in the amount of $25,216.00 shall accompany this Application.
Money will be returned if permit is denied.
19. Each person signing this document on behalf of any party hereto warrants and represents
that he or she is duly authorized by all necessary and appropriate action to execute this
document and has the power to bind such party to act in accordance with this document.
AP ROVE BY THE COUNTY COMMISSIONERS' COURT in special meeting on
2010.
GOVERNING SPECIFICATIONS to be in effect as of the date of this Permit.
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