Ordinance No. 12,501ORDINANCE NO. 12,501
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN AMENDMENT TO A PIPELINE PERMIT
GRANTED TO SEAWAY CRUDE PIPELINE CO., LLC, TO INSTALL ONE
NEW 30 -INCH PIPELINE; AUTHORIZING AND DIRECTING THE
DIRECTOR OF ENGINEERING TO ISSUE THE AMENDED PERMIT
THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS, on July 11, 2013, the City Council granted a pipeline permit to Seaway
Crude Pipeline Co., LLC, ("Seaway Crude") concerning the installation of one new 30 -inch
pipeline in the City limits and/or its extraterritorial jurisdiction (hereinafter referred to as the
"Pipeline"); and
WHEREAS, Seaway Crude has requested that the pipeline permit be amended so that it
may place its pipeline over the City's utility lines in two locations; and
WHEREAS, the Public Works Department supports the request over Bush Road and
supports the request over Quail Hollow Drive between Baker Road and Woodstone Drive on the
condition that Seaway Crude pays SIXTY-FOUR THOUSAND AND NO/100 DOLLARS
($64,000.00) to the City in order for the City to pipe burst its utility line in the area; and
WHEREAS, the Director of Engineering, based upon the assessment of the Director of
Planning and Development Services, the Fire Chief, the Director of Public Works/Utilities, and
the Emergency Management and Preparedness Coordinator as to compliance with Article V of
Chapter 34 of the Code of Ordinances of the City of Baytown, Texas, and based upon his
examination of the application and plans for the Pipeline, has issued a report to the City Council
recommending granting an amendment to Pipeline Permit No. 13-02 for the Pipeline; and
WHEREAS, the City Council has received such report and has determined that, based
upon the representations of Seaway Crude Pipeline Co., LLC, the application meets all
applicable provisions of Article V of Chapter 34 of the Code of Ordinances of the City of
Baytown, Texas, as well as all federal and state regulations; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Pipeline Permit No. 13-02 approved by City Council on July 13,
2013, is hereby amended only to the extent necessary to allow the Pipeline to be placed over City
utilities on Bush Road as requested and on Quail Hollow Drive under the condition that Seaway
Crude Pipeline Co., LLC, pays the City SIXTY-FOUR THOUSAND AND N0/100 DOLLARS
($64,000.00) and does not commence construction in the area of Quail Hollow Drive until after
the City has completed pipe bursting its utility line on Quail Hollow between Baker Road and
Woodstone Drive. Said amendment is attached hereto as Exhibit "A" and incorporated herein
for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmativevo e of the City Council of the
City of Baytown this the 13th day of March, 2014.
CST
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ATTEST: 4
APPROVED AS TO FORM:
NACIO RAMIREZ, SR.,(C Attorney
S
RAKaren\Files\City Counci110rdinances\2014\March 13\PipelineAmendment4SeawayCrudePipeline.doc
2
CARLOS, Mayor
Exhibit "A"
Pipeline Permit Number: P13-02
CITY OF BAYTOWN
AMENDED PIPELINE PERMIT
Permittee's Name:
Seaway Crude Pipeline Company LLC
Address:
City:
State:
Zip:
1100 Louisiana Street, Ste. 1000
Houston
TX
77002
Reason for permit:
New Pipeline
X Adjustment, relocation, replacement, movement of an existing pipeline to a position greater than fifty (50)
feet from its original position
Pipeline Origin Point:
Echo Facility Houston, TX
Pipeline Destination Point:
Mont Belvieu, Texas.
Affected Public Ways:
Points Pipeline Crosses Public Ways:
➢ West Baker Road
West Baker Road from Quail Hollow Drive to Woodstone
Description of Pipeline as adjusted, relocated, replaced, and/or moved:
The 30 -inch pipeline used to transport natural gas liquids, in an existing
pipeline corridor within both the city limits and the ETJ, and transmission
corridor, and an electrical corridor. The pipeline will include a maximum
testing pressure of 2220 PSIG, a normal operating pressure of 1400 PSI,
and have minimum yield strength of 70,000 PSI. The carrier pipe has an
outside diameter of 30.000 inches and a wall thickness of .0.618 inches.
The will be API 5L X 70 DSAW pipe with a MILS ARO coating, and
MILS FBE Coating.
Pipeline Permit No. P-13-02 is hereby amended by the Director of Engineering after having been approved by the City Council
on the 13`h day of March, 2013. This Amended Pipeline Permit grants Permittee the privilege to adjust, relocate, replace,
and/or move the pipeline described in and in accordance with Permittee's amended pipeline application, filed with the
Department of Engineering. The issuance of this Amended Pipeline Permit is expressly contingent upon Permittee's
compliance with the applicable standards required by all applicable federal, state and local laws as well as the regulations
contained in Article V of Chapter 34 of the Code of Ordinances of the City of Baytown, Texas, which are incorporated herein
by this reference for all intents and purposes. Furthermore, in consideration of granting this Amended Pipeline Permit,
Permittee agrees to hold harmless and indemnify the City in accordance with Section 34-234 of the Code of Ordinances,
Baytown, Texas. Such indemnity, which was signed for the issuance of the original permit shall be deemed and construed to
extend to this Amended Permit as well. Such indemnity is attached hereto as Exhibit "A" and incorporated herein for all
intents and purposes.
This amended permit shall be valid for the remainder of the term of the original Pipeline Permit.
Issued this the day of March 2014
JOSE A. PASTRANA, P.E.
Director of Engineering
Exhibit "A"
Permit Number:
INDEMNITY .AGREEMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
For and in consideration of the City of Baytown issuing a permit in accordance with Chapter 34
"Environment," Article- V "Hazardous Substances, Liquids and Gas Pipelines" of the Code of Ordinances of the
City of Baytown which consideration and sufficiency thereof is hereby acknowledged and received,
s�-'A- C4 -j- ��� G w.�7 , a corporation authorized to do business in the State of Texas,
hereinafter `Permittee," hereby agrees as follows:
PERMITTEE AGREES TO AND SHALL INDEMNIFY, HOLD
HARMLESS AND DEFEND, THE CITY, ITS OFFICERS, AGENTS AND
EMPLOYEES, COLLECTIVELY REFERRED TO AS "CITY," FROM
AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES
OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING
ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS'
FEES FOR INJURY TO OR DEATH OF ANY PERSON, OR FOR
DAMAGE TO ANY PROPERTY, ARISING OUT OF OR IN
CONNECTION WITH THE CONSTRUCTION, MAINTENANCE,
OPERATION, REPAIR, REPLACEMENT,ADJUSTMENT OR REMOVAL
OF ANY PART OR ALL OF THE PIPELINE PERMITTED HEREIN,
WHERE SUCH INJURIES, DEATHS OR DAMAGES ARE CAUSED BY
THE CONCURRENT NEGLIGENCE OF THE CITY AND PERMITTEE
AND/OR BY THE JOINT OR SOLE NEGLIGENCE OF THE
PERMITTEE. IT IS THE EXPRESSED INTENTION OF THE PARTIES
HERETO, BOTH PERMITTEE AND THE CITY, THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS AN
INDEMNITY BY PERMITTEE TO INDEMTIIFY, PROTECT AND
DEFEND THE CITY FROM THE CONSEQUENCES OF (n THE CITY'S
OWN NEGLIGENCE, WHERE THAT NEGLIGENCE AND
PERMITIEE'S NEGLIGENCE ARE CONCURRING CAUSES OF THE
INJURY, DEATH OR DAMAGE; AND/OR (Tn PER 0[TTEE'S JOINT
AND SOLE NEGLIGENCE. FURTHERMORE, THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO
APPLICATION TO ANY CLAM LOSS, DAMAGE, CAUSE OF ACTION,
SUIT AND LIABILITY WHERE THE INJURY, DEATH OR DAMAGE
RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY UNMIXED
WITH THE FAULT OF ANY OTHER PERSON OR ENTITY.
� i.eu.i � . •Nett e�
Permit Number:
Failure of either party hereto to insist on the strict performance of any of the above -referenced
ordinance requirements or of the indemnity contained hereinabove or to exercise any rights or remedies
accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to
insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder or to
exercise any right or remedy occurring as a result of any future default or failure of performance.
This Agreement shall in all respects be interpreted and construed in accordance with and governed by
the laws of the State of Texas, regardless of the place of its execution or performance. The place of making
and the place of performance for all purposes shall be Baytown, Harris County, Texas.
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in
full force and effect.
The officers executing this Agreement on behalfof the parties hereby represent that such officers have
full authority to execute this Agreement and to bind the patty helshe represents.
AdLayofSIGNEDthis 20 t3,
PERMrME
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Company Name
Signature of Authorized Officer
Printed Name
Titk
Indemnity Agreement, Page 2
STATE OF TEXAS
COUNTY OF HARRIS
Permit Number:
(on Go -4b rns,
13-6a
I-II t i,' Maf u er
Before me, Y't I _M • e undemignod notary public, on this day personally
geared MAx'c � in her capacity as a ' - of
Agmea
�-4G on behalf of
d �IM% �t�►IW�tcvkf.
✓� known to me;
proved to me on the oath of ; or
proved to me through Ws er current
{description of identification card or other documentissued by the federal government or any
(Check one) nd
state government that contains the photograph asignature of the acknowledging person}
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she
executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seat of office this -W�—day of2&&j 20jrLS
jWgM,-.-a APRIL MCCARtNEy
Notary Public. state of Texas
commissionMY , 6°sei Notary blie in and for the State of T
CikU24: magea j=MlPumutx6ukmrory.Asrc malt
IndemnityAgMMMj, Page 3