Ordinance No. 12,661ORDINANCE NO. 12,661
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO PHILLIPS 66 PIPELINE, LLC,
TO INSTALL ONE NEW EIGHTEEN -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.
*********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
WHEREAS, Phillips 66 Pipeline, LLC, has submitted a pipeline application to install one
new eighteen -inch (18 ") 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 Phillips 66 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 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 Phillips 66 Pipeline, LLC,
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 Phillips 66 Pipeline, LLC,
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 affirmativYv" e of the City Council of the
City of Baytown this the 25th day of September, 2014.
A ST:
A&A4�t� —
LETICIA BRYSC , City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., C' Attorney
STEPFXIkH. DOXCARLOS, Mayor
- -r
w� ;
UKarenTiles\City CouncillOrdinances\2014 \September 25\NewPipelinePermi t2Ph ill ipsWipelineLLC doc
Exhibit "A"
Pipeline Permit Number: P -14 -04
CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
Phillips 66 Pipeline, LLC
Address:
City:
State:
Zip:
915 South 8th Street
La Porte
Texas
77571
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:
Sweeney
Pipeline Destination Point:
Fractionator Mont Belvieu
Affected Public Ways:
Points Pipeline Crosses Public Ways:
Ashby Street
The points at which the pipeline will run or cross any Public
Bayway Drive
Way are depicted in Exhibit "B," which is attached hereto and
Park Street
incorporated herein for all intents and purposes.
➢ John A. Street
Description of Pipeline:
➢ North Street
The 18 -inch steel pipeline used to transport natural gas
➢ Decker /SH330
liquids, in an existing pipeline corridor within both the city
➢ Emmett Hutto Blvd
limits and the ETJ. The pipeline will include a maximum
➢ Garth Road
operating pressure of 1460 PSI, and have minimum yield
➢ West Baker Road
strength of 50,000 PSI. The carrier pipe has an outside
➢ Cedar Bayou Lynchburg Road
diameter of 18.000 inches and a wall thickness of 0.0.500
➢ North Main Street
inches. The will be API -51- X 60 SMLS pipe with a 14 -16MLS
➢ Barkaloo Road
fusion bond epoxy coating under the roads and 20 -25 MILS
➢ East Archer
ARO Coating
➢ Crosby Cedar Bayou Road
➢ Sjolander Road
IH -10
This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the 25th
day of September 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 September 2014
Jose A. Pastrana, P.E.
Director of Engineering
FAKaren\Files\Emergency ManagementTipeline Regulatory FonnsUnvistaPipelinePermit.doc
Exhibit "A"
Permit Number: — _
ENWE ff,flTY 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" ofthe Code of Ordinances of the
Ci of Baytown, w ich conti and sufficiency thereof is hereby acknowledged and received,
a corporation authorized to do business in the State of Texas,
hereinafl r "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 PEIRMITTEE
AND /OR BY THE JOINT OR SOLE NEGLIGENCE OF THE
PERNIITTEE. 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 (n THE CITY'S
OWN NEGLIGENCE, WHERE THAT NEGLIGENCE AND
PERNIITTEE'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: 14 - (: 4
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 orto
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 ay ofd , 2014
PERMITTEE
Company 1,1ame
ure-d Authorized Officer
Greg L. Cardwell
Printed Name
Attorney In Fact
Title
Indemnity Agreement. Page 2
Permit Number: )4-(41
CITY OF BAYTOWN
ROBERT D. LEIPER, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
STATE OF TEXAS
COUNTY OF HARRIS §
Before me, R ;c.Aaf -d Lee hello.. , the undersigned notary public, on this day personally
appeared Qra!� I. ear•dwei/ , in hi her capacity as ri Pa of
Ph; &'O s 66 rr 1-C , on behalf of such corporation
X 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 7u i, 20hq
* °. RICHARD LEE HELTON
o.a 6
��Notary Public, State of Texas
3 My Commission Expires Notary Public in and for the State of Texas
,,,,,,,�•N February 27, 2016
c.5 kUi241emergencymgndPennitteelndemnity.Agreement
Indemnity Agreement, Page 3
J x d6
� yJ
nn�
N
Exhibit "B"
i {
vi x-11
LNii
U
Z < U
� d
i
5
s
a
m �
H
O
U
m
0
E ?
O
a
•
Llll
r
W
■
Im
I
J
1 [f
■
LNii
U
Z < U
� d
i
5
s
a
m �
H
O
U
m
0
E ?
O
a
W
Im
I
J
1 [f
LNii
U
Z < U
� d
i
5
s
a
m �
H
O
U
m