Ordinance No. 12,589ORDINANCE NO. 12,589
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO NUSTAR LOGISTICS, L.P.,
TO INSTALL ONE NEW TWELVE -INCH PIPELINE; 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, NuStar Logistics, L.P., has submitted a pipeline application to install one
new twelve -inch (12 ") 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 NuStar Logistics, L.P., 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 NuStar Logistics, L.P., for
the new pipeline described therein and authorizes and directs the Director of Engineering to
execute such permit.
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 NuStar Logistics, L.P., corresponding
to the pipeline.
Section 3: That the City Council of the City of Baytown hereby establishes FIVE
MILLION AND NO/ 100 DOLLARS ($5,000,000.00) 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 vo,e of the City Council of the
City of Baytown this the 24th day of July, 2014.
STEPHW H.- 6NCARLOS, Mayor
LETICIA BRYSCH,
t
NACIO RAMIREZ, �SR., C' Attorney
'AC01317SOI1LegahKaren \Files',City CoundhOrdinances\2014Wly 24W ewPipelinePennit2NuStarLogistics .doc
Exhibit "A"
Pipeline Permit Number: P -14 -02
CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
NuStar Logistics, L.P.
Address:
City:
State:
Zip.
19003 IH -10 West
San Antonio
Texas
78257
Reason for permit:
X New Pipeline
Adjustment, relocation, replacement, movement of an existing pipeline to a position greater than fifty (50) feet
from its original position
Pipeline Origin Point:
Mont Belvieu, TX
Pil2eline Destination Point:
Tie into existing pipeline near Red Bluff Rd & Shaver Street
Pasadena, TX
Affected Public Ways:
Points Pipeline Crosses Public Ways:
• BAYWAY DRIVE
The points at which the pipeline will run or cross any Public
• PARK STREET
Way are depicted in Exhibit "B," which is attached hereto and
• NORTH STREET
incorporated herein for all intents and purposes.
• SAN JACINTO RIVER AUTHORITY
Description of Pipeline:
• HCFCD UNIT 0107 -00 -00
• DECKER DRIVE
The 12 -inch pipeline used to transport liquid
• W. FORK GOOSE CREEK
propane /Butane /Isobutane /natural gas products, in an existing
• EMMET HUTTO BLVD NORTH
pipeline corridor within both the city limits and the ETJ. The
• EMMET HUTTO BLVD SOUTH
pipeline will include a maximum allowable pressure of 1,480
• GARTH ROAD
PSI, a normal operating pressure of 1,050 PSI, The carrier
• W. BAKER ROAD
pipe has an outside diameter of 12.750- inches and a wall
• HCFCD UNIT 0105 -00 -00
thickness of .375 inches. The will be API 5L X 52 pipe with a
• W. CEDAR BAYOU LYNCHBURG
ROAD
MILS FBE +20-40 mils ARO coating.
• N. MAIN STREET
• BARKALOO ROAD
• ARCHER ROAD
• CROSBY CEDAR BAYOU ROAD
• HCFCD UNIT Q112 -00 -00
• HCFCD UNIT Q114 -00 -00
• SJOLANDER ROAD
• HCFCD UNIT Q117 -00 -00
This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the 24th
day of July 2014, grants Permittee the privilege to construct, operate, repair and maintain the proposed pipeline described in and
in accordance with Permittee's application, filed with the Director of Engineering. The issuance of this 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
Pipeline Permit, Permittee has agreed to hold harmless and indemnify the City in accordance with Section 34 -234 of the same.
Such indemnity is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
This permit shall be valid for a period of thirty (30) years, commencing on the date of issuance indicated hereinbelow.
Issued this the day of July 2014.
Jose A. Pastrana, P.E.
Director of Engineering
F \Karen%Fdcs\Emergency ManagementTipeltne Regulatory Forms4nvistaPipelinel'emut doc
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 Rnvtnwn whirh rnmideration and sufficiency thereof is hereby acknowledged and received,
NuStar Logistics, L.P. , a corporation authorized to do business in the State of Texas,
hereinafter "Penmittee," 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 THE 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 Ag2ement. Page 1
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, I larris 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 lie /she represents.
SIGNED this � day of i2 ' .20
T
PERMITTEE
NuStar Logistics, L.P., a Delaware limited partnership
By: NuStar GP, Inc., its general partner
Compan amc
Signature of Authorized Of tcer
Amy L. Perry
Printed Name
Senior Vice President, Corporate Secretary &
General Counsel — Corporate & Commercial Law
Titic
Indemnity Agreement, Page 2
Permit Number:
CITY OF BAYTOWN
ROBERT D. LEIPER, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, , the undersigned notary public,
appeared in his/her capacity as
, on behalf of such corporation
(Check one)
known to me;
on this day personally
of
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}
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
c- Wh24kmcrgcncymgmt\Pcrmincclndcmnity .Ag=mcnt
Indemnity A Bement, Page 3
200
Notary Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF BEXAR §
This instrument was acknowledged before me on this Ath day of April , 2014, by Amy
L. Perry, the Senior Vice President, Corporate Secretary & General Counsel — Corporate & Commercial
Law of NuStar GP, Inc., a Delaware corporation, general partner of NUSTAR LOGISTICS, L.P., a
Delaware limited partnership, on behalf of said limited partnership.
JONATHAN PIPER
Notary Public, State of Texas Notary Public Signature
My Commission Expires
s :!.Iit.t... . December 19. 2015
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