Ordinance No. 15,254 ORDINANCE NO. 15,254
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO WINK TO WEBSTER
PIPELINE, LLC, TO INSTALL ONE NEW 36-INCH PIPELINE;
ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING AND
DIRECTING THE ACTING DIRECTOR OF ENGINEERING TO ISSUE THE
PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, Wink to Webster Pipeline, LLC, has submitted a pipeline application to
install a new 36-inch crude products pipeline in the City limits and/or its extraterritorial
jurisdiction (hereinafter referred to as the "Pipeline"); and
WHEREAS, the City Engineer, 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 a permit for the Pipeline; and
WHEREAS, the City Council has received such report and has determined that, based
upon the representations of Wink to Webster Pipeline, 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 l: That, subject to receipt of the bond specified in Section 3 hereof, the City
Council of the City of Baytown hereby grants the Pipeline Permit, which is attached hereto as
Exhibit "A" and incorporated herein for all intents and purposes, to Wink to Webster Pipeline,
LLC, for the Pipeline described therein and authorizes and directs the City Engineer to execute
such permit in the Iocation illustrated in the site map, which is attached hereto as Exhibit "B" and
incorporated herein for all intents and purposes.
Section 2: That, subject to receipt of the bond specified in Section 3 hereof, the City
Council of the City of Baytown hereby authorizes and directs the City Manager and the City
Clerk to execute and attest to an indemnity agreement with Wink to Webster Pipeline, LLC,
corresponding to the Pipeline.
Section 3: That the City Council of the City of Baytown hereby establishes FIVE
HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) as the amount of the bond or
other form of security satisfactory to the City, which shall be tendered prior to any construction,
repair, adjustment, relocation or replacement of the pipeline pursuant to Section 34-233 of the
Code of Ordinances, Baytown, Texas.
Section 4: 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 affirmative vote of the City Council of the
City of Baytown this the 27 h day of October, 2022.
epYTo!.gc,, BRANDON CAPETMILLCF, Mayor
AM 6< ......... .
J °, N
ANGELA AC SON, City Clerk' r
9
APPROVED TO FORM:
SCOTT LE OND, City Attorney
RAKaren Anderson\ORDINANCES\2022\2022.10.27\PiplinePennit-W Wc2Webster.doc
2
EXHIBIT "A"
Permit No.
PIPELINE APPLICATION
WINK TO WEBSTER PIPELINE LLC I
p
By plains Pipeline, LP, its Construction ManagerPrincipal Contact for Submittal Information. George N. Polydoros,Jr.
By Plains GP LLC, its General PartnerPO Box9677 Tide of Principal Contact Vice President
City. Spring State: TX Principal Contact's Phone Number: Principal Contact's Facsimile Number:
71 •4R3.5 1113 " .
Company's Phone Number. Company's Facsimile Number. Twenty-Four Hour Emergency Contact: Jason Hill
7
Person Submitting Application: Jason Hill Title of Twenty-Four Hour Emergency Contact Agent
Title of Person Submitting Application: Emergency Contact's Phone Number. Emergency Contact's Facsimile Number:
Agent (main)713-64611100 NA
(cell) 817-307-5792
mber.Applicant's Phone Nu Applicant's Facsimile Number:
l?•3o7• Sr? NA
Origin Point: 29144113.56"N, -95`1'35.93"W Destination Point: 29*44'56.62"N;-94'59'25.42"W
Maximum Allowable Operating Pressure: 1,300 Normal Operating Pressom: NA
Maximum Allowable Temperature(if applicable): NA Design Strength for Unregulated Pipelines: NA
Attach a description of the substance(s)to be transported and include any applicable Material Safety Data Sheets.
Attach engineering plans,drawings and/or maps with summarized specifications showing the horizontal pipeline location,pipeline covering
depths,and location of shutoff valves. (To the extent that information cam be reasonably obtained,drawings must show the location of other
pipelines and utilities which will be crossed or paralleled within five feet(5')).
Attach a description of the consideration given to API,ANSI an all other applicable public safety standards and the avoidance of existing
inhabited structures and congregated areas.
Attach a summary description of the time,location,manner,means and methods of the proposed construction,including,but not limited to,the
following:
(i) detailed cross section/profde drawings for all public way crossings if requested by the director or emergency management and
preparedness coordina[or,
(u) a plan accurately showing the location, course and alignment of the proposed pipeline and all public ways in which the proposed
pipeline shall be aid using the attached map;and
(iil) the design criteria as it applies to existing infrastructure,under which the pipeline will be constructed
Identify each pipeline as regulated under interstate or intrastate safety ndes/reguladons. (Where a pipeline is unregulated as to either or both
intrastate or interstate safety rules/regulations,please specify and identify(a)the exculpatory rules or regulations governing the pipeline and
(b)the operating conditions of the pipeline,which give rise to such unregulated status).
L as the applicant herein,acting in my capacity for the above-referenced company,hereby w th e pipeline for which this application is
made will comply with the applicable standards required by Article V of Chapter 34 of the Code Or ' ces of the City of B ayto exalt,as well
as all applicable federal,state and local laws and regulations.
pplicam's Signature
'the Director of Engineering and Inspections has the right to require the submission of additional information.
R:Taren AndersonVMCELLANEOUSV'ipchne Appllca6m.doex
Permit Number:
INDEMNITY AGREEMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
For and in consideration of the City of Baytown issuing a pemut 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,
_Wink to Webster Pipeline LLC 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 HIND,
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 EXPRESS INTENTION OF THE
PARTIES HERETO,BOTH PERMITTEE AND THE CITY, THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS AN
INDEMNITY BY PERMITTEE TO INDEMNIFY, PROTECT AND
DEFEND THE CITY FROM THE CONSEQUENCES OF(I)THE CITY'S
OWN NEGLIGENCE, WHERE THAT NEGLIGENCE AND
PERMITTEE'S NEGLIGENCE ARE CONCURRING CAUSES OF THE
INJURY, DEATH OR DAMAGE; AND/OR ([I) PERMITTEE'S JOINT
AND SOLE NEGLIGENCE. FURTHERMORE, THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO
APPLICATION TO ANY CLAIM, 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.
Indemnity Agreement,Page I
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 behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he/she represents.
SIGNED this L day of &,rogeK 2UZ2 .
PERIVIITTEE
WINK TO WEBSTER PIPELINE LLC
By Plains Pipeline, .,i Construction Manager
By Plains GP L , its lyneral Partner
Company e
Signa Authorized Officer
George N.Polydoms Jr
Printed Name
Vice President
Title
Indemnity Agreement.Page 2
Permit Number:
CITY OF BAYTOWN
RICHARD L. DAVIS, City Manager
ATTEST:
ANGELA JACKSON, City Clerk
STATE OF TEXAS §
COUNTY OF :Rkp= §
Before me, the undersigned notary public, on this day personally
appeared n pp2GE �. �D n his/her capacity as £ ss i of
Wr.hj dsTFRk�ra>trNE L.t—C. on behalf of such CoR pnIL#%
V known to me;
proved to me on the oath of ;or
proved to me through his/her current
(description of identification card or other document issued by the federal government or
any state government that contains the photograph and signature of the acknowledging
person)
(Check one)
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 seal of office this day of._ (3�ToB EfC- , 20,,2.
JASON RAY HILL
c Notary Public,Stateof Texas
:7Y.-T Comm.Expires 0&23-2026 No •y P blic in and for the St of exas
NotarylD t2133069
R:IKaren AndersonVvnSCELLANEOUSkPemitte Indemnity.Agreemend
Indemnity Agreement Page
EXHIBIT B - SITE MAP N1�
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PROPOSED OCKS
WINK TO WEBSTER
36" PIPELINE
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(Rush ISL/WD)
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