Ordinance No. 15,548 ORDINANCE NO. 15,548
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO LCY ELASTOMERS LP, TO
INSTALL ONE NEW 4-INCH PIPELINE, APPROXIMATELY 0.3 MILES IN
LENGTH; ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING
AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE THE
PERMIT THEREFOR;MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS, LCY Elastomers LP, has submitted a pipeline application to install a new 4-
inch butadiene products pipeline in the City limits and!or its extraterritorial jurisdiction
(hereinafter referred to as the "Pipeline"); 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 a permit for the Pipeline; and
WHEREAS,the City Council has received such report and has determined that,based upon
the representations of LCY Elastomers LP, 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 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 LCY Elastomers LP, for the
Pipeline described therein and authorizes and directs the Director of Engineering to execute such
permit in the location 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 LCY Elastomers LP, corresponding to the
Pipeline.
Section 3: That the City Council of the City of Baytown hereby establishes FIVE
1iUNDRED 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 14a'day of September, 2023.
RANDON C ETI LO, Mayor
ATTEST: �pYT�N/N
O� o••o•••o•o•�T
'D o�• •o
n e
ANGELA ACKSO *Clerk' •�
_\ s
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1. �xl y coccano• o��
APPROVED AS T F RM.
SCOTT LgrD, City Attorney
RAKaren AndersonlORDINANCES\2023\2023.09.14\PiplinePermit-LCYElastomers.docx
2
EXHIBIT "A"
Permit No. E023060003
PIPELINE APPLICATION
companyNam"*LCY Elastomers LP Principal Contact for subminallnfomtation:Frances Hammond
Addrm-4803 Decker Dr Title ofPrineipal Contact:EHS Manager
City. Baytown State:TX Principal Contact's Phone Number: Principal Contact's Facsimile Number.
Company's Phone Number. Company's Facsimile Number: Twenty-Four Hour Emergency Conteci:281-424-6148
Person Submitting Application:Frances Hammond Title of Twenty-Four Hour Emergency Contact LCY Control Room
Title of petwa Submitting Application: E H S Manager Emergency Contact's Phone Number. Emergency Contact's Facsimile Number
281-424-6143
Applicant's Phone Number. Applicant's Facsimile Number:
181-424-6105
origtnPoint: Exxon/TPC meter site IkstinationPoint:LCY Baytown facility
Maxim=Allowable Operating Pressure: 1480 p s i g Normal Operating Prmure. 140 psi g
Maximum Allowable Temperature(if applicable): Dcsign Strogth rot Unregulated Pipelines:35,000 psi
' 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 can be reasonably obtained,drawings must show the location of other
pipelines and utilities which will be crossed or paralleled within five feet(S').
• 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 �jjgrofile drawings for all public way crossings if requested by the director or emergency management and
(11) a I s cumt ja�d ui ng tie location,
map;sseitd d alignment of the proposed pipeline and all public ways in which the proposed
(iii) 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 rulestregulations. (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).
1.as the applicant herein,acting in my capacity for the above-referenced company,hereby avow that the pipeline for which this application is
made will comply with the applicable standards required by Article V of Chapter 34 of the Code of Ordinances of the City of Bayt a,Texas as well
as all applicable federal,state and local laws and regulations.
plicant's Signature
The Director of Engineering and Inspections has the right to require the submission of additional information.
R:Mpdbm
Permit Number: E023060003
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
�ttv- B ytown, ich consideration and sufficiency thereof is hereby acknowledged and received,
CY gas omers L ,a limited partnership 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 INDEMNIFY, PROTECT AND
DEFEND TILL CITY FROM THE CONSEQUENCES OF(1)THE CITY'S
OWN NEGLIGENCE, WHERE THAT NEGLIGENCE AND
PERMITTEE'S NEGLIGENCE ARE CONCURRING CAUSES OF THE
INJURY, DEATH OR DAMAGE; AND/OR (II) 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: EO23060003
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 heishe represents.
Indemnitv Agreement.Page 2
Permit Number: E023060003
SIGNED this_i-7 day of A 5 ,20 13
PERMITTEE
I-C y G'L 4S'TO Mr---A,-9 LP
Company Frame
Signature o Authorized Officer
C:L I N c- 2-a-S
Printed Name
C FD
Tittc
CITY OF BAYTOWN
L
JAS E. RE YNO t Manager
AI'TEST:
ANGELA JACKSON,City Clerk
APPROVED AS''O FORM:
O OND, City Clerk
Indemnity Agreement Page 3
Permit Number: E023060003
STATF,OF TEXAS §
COUNTY OF OAYYf S §I
Befor�rz
C�Irnn W�' the undersigned notary public, on this day personally
appealed in his/her capacity as G FV of
L on behalf of such (n„;ted paYGntrf 4,D
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 I -c day of Ufa 20U
14A IAn
Notary Public in and for the State of Texas
r
Hua-Chun Wei
Fle'-
, MyCommiea on Expires, # 05/01/2024
• �1r IO Mo 192481101
Indemnity Ameement Page 4
Permit Number: EO23060003
It\Scott%ContractslPertnttteclndcmmty Agreement I doc
Indemnity Agreement.Page 5
BOND
(License or Permit -Continuous)
Bond No. 016240877
KNOW ALL MEN BY THESE PRESENTS:
THAT WE LCY Elastomers LP as
Principal, and Liberty Mutual Insurance Company , a
corporation duly incorporated under the laws of the State of CT and authorized to do
business in the State of Texas , as Surety, are held and firmly bound unto
City of Baytown , as Obligee, in
the penal sum of Five Hundred Thousand&00/100 ( $500,000.00 ) Dollars,
for the payment of which we hereby bind ourselves, our heirs, executors and administrators,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has obtained or is about to obtain a license or permit for
Building a pipeline to carry butadiene from ExxonMobil metering station to LCY Elastomers at 4803 Decker Dr.Baytown,Tx
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the
Principal shall faithfully comply with all applicable laws, statutes, ordinances, rules or
regulations, pertaining to the license or permit issued, then this obligation shall be null and
void; otherwise to remain in full force and effect.
This bond shall become effective on August 1,2023
PROVIDED, that regardless of the number of years this bond is in force, the Surety shall not
be liable hereunder for a larger amount, in the aggregate, than the penal sum listed above.
PROVIDED FURTHER, that the Surety may terminate its liability hereunder as to future acts
of the Principal at any time by giving thirty (30) days written notice of such termination to the
Obligee.
SIGNED, SEALED AND DATED this July 17,2023
LCY Elastomers LP
Principal
Liberty Mutual Insurance Company
C
By: . a .
S-2151A(6110) Rachel A.Chaveriat Attomey-in-fact
This Power of Attorney limits the acts of those named herein,and they have no authority to
Liberty bind the Company except In the manner and to the extent herein stated.
mutilate Liberty Mutual Insurance Company
SURETY The Ohio Casualty Insurance Company Cedifcate No 8204866
West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company Is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duty organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly
organized under the laws of the State of Indiana(herein collectively called the'Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint,
Rachel A.Chaveriat
all of the city of Knoxville state of Tennessee each Individually if there be more than one named,its true and lawful attomey-in-fact to
make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in
pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their
own proper persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seats of the Companies have been affixed
thereto this 15th day of February,2021.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
P� INS u �-tv INsu tNsu , West American Insurance
Company
j rPo�r �� J3°o�o�rbo `4PPoq�
a3 'gym
a 19122 ^ 0 1919` o a 1991 c By:
c" .aa y� NAMP6�R D '�� rND1ANP dtf r• 1� �yt • 1•� �M • A� David M.Carey,Assistant Secretary
STATE OFPENNSYLVANIA ss m 0
COUNTY OF MONTGOMERY m
ca cra
p1 On this 15th day of February 2021,before me personalty appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, c
a> The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes therein
o m contained by signing on behalf of the corporations by himself as a duly authorized officer. 8 y
N > !E Q
IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written
-p �yA� 9}F
0 N b,� �4 Commonwealth of Pennsylvania-Public
Seal Cn
0 � h � l• Teresa Pastella.Notary Public a Q
Montgomery County
N 0 c4 My commission 9)#es March 28,2025 BY:A�� 9.
o�% q y ' c01"""ss10n number 1126044 Teresa Pastella,Notary Public c E
C f0 AY Member.PemisyMania Association or himades
N w This Power of Attorney Is made and executed pursuant to and b authod of the following laws and Authorizations of The Ohio Casual Insurance Company,Llbe Mutual < �-
rn Y P Y authority 9 BY CasualtyttY Q o
to 9) Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: 4-C)C ARTICLE IV-OFFICERS:Section 12 Power of Attorney. o N
0 c m
Any officer or other officia:of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the 3 oQ
ui President may prescribe.shall appoint such attomeys-in•fact.as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and de' 0-•iver as surety cN
o T any and all undertakings,bonds.recognizances and other surety obligations.Such atoomeys-in-fad subject to the limitations set forth in their respective powers of attorney, "°Q
a >1 sha!I have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such v
ip c instruments shall be as binding as I signed by the President and attested to by the Secretary Any power or authority granted to any representative or attomeyln-fact under the a cO
oN provisions of this article may be revoked at any time by the Board.the Chairman,the President or by the officer or officers granting such power or authority v
Z ARTICLE XIII•Execution of Contracts:Section 5.Surety Bonds and Undertakings eo
Any officer of the Company authorized for that purpose in wrifing by the chairman or the president.and subject to such limitations as the chairman or the president may prescribe, .0 m
shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make.execute,seal,acknowledge and deliver as surety any and all undertakings, r`o 2
bonds,recognizances and other surely obligations Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shah have full power to bind
the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company When so executed such instruments shall be as binding
as if signed by the president and attested by the secretary.
Certificate of Designation-The President of the Company.acting pursuant to the Bylaws of the Company,authorizes David M Carey,Assistant Secretary to appoint such attomeys-
infact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings.bonds,recognizances and other
surety obligations.
Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary
of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the
Company w:th the same force and effect as though manually affixed.
I,Renee C Llewellyn the undersigned,Assistant Secretary,of Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company and West American Insurance Company
do hereby certify that this power of attorney executed by said Companies is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 17th day of July 2023
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dJ'•eACNua yo�'NArr a� rs �ouN* aD Renee C.Lleweltyn,Assistant Secretary
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