Loading...
Ordinance No. 12,761ORDINANCE NO. 12,761 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A PIPELINE PERMIT TO DOW HYDROCARBONS AND RESOURCES, LLC, TO INSTALL ONE NEW TWELVE -INCH PIPELINE IN AN EXISTING PIPELINE COORIDOR; 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, Dow Hydrocarbons and Resources, LLC, 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 Dow Hydrocarbons and Resources, 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 Dow Hydrocarbons and Resources, 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 Dow Hydrocarbons and Resources, LLC, corresponding to the pipeline. Section 3: That the City Council of the City of Baytown hereby establishes TWO MILLION AND NO. /100 DOLLARS ($2,000,000.00) 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 affirmat�ote of the City Council of the City of Baytown this the 8th day of January, 2015. DONCARLOS, Mayor A LETICIA BRYSCH, City Merk APPROVED AS TO FORM: O�oo ono oo•"' C."� z \ • � 1 r•o 1 � i 0 d —_ 'LP,•, �� 4NANIORAMIREZ, SR , ity Attorney :1, C0BFS01 ''.Lega1'tKaretrFi1es',City Council`.Ordinances\2015Vanuary 8 NewPipelinePennit2DowHydrocarbons &ResouroesLLC.doc Exhibit "A" Pipeline Permit Number: P -14 -05 CITY OF BAYTOWN PIPELINE PERMIT Permittee's Name: Dow Hydrocarbons and Resources LLC Address: City: State: Zip: 1254 Enclave Pkwy Houston Texas incorporated herein for all intents and purposes. 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: Dow Plant, Texas City Pipeline Destination Point: Phase 1 - 800feet in City Limits parallel Evergreen Road Affected Public Ways: Points Pipeline Crosses Public Ways: 800 feet parallel to Evergreen The points at which the pipeline will run or cross any Public Road from Ship Channel Way are depicted in Exhibit "13," which is attached hereto and incorporated herein for all intents and purposes. Description of Pipeline: The 12 -inch pipeline used to transport ethane products, in an existing pipeline corridor within both the city limits and the ETJ. The pipeline will include a maximum operating pressure of 2160 PSI, a normal operating pressure 1200 - 2000 PSI, and have minimum yield strength of 77,000 PSI. The carrier pipe has an outside diameter of 12.750 inches and a wall thickness of 0.312 inches. The pipe will include 12 -14 mils fusion bond epoxy coating and be API 5L 2M or N X 65 ERW type. This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the I 1 tl, day of December, 2014, grants Permittee the privilege to construct, operate, repair and maintain the proposed pipeline described in and in accordance with Permittee's application, tiled 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 December, 2014. Jose A. Pastrana, P.E. Director of Engineering FAKaren \Files\Erncrgenry Management\Pipeline Regulatory Forms \InvistaPipelinePermit.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 Baytown, which consideration and sufficiency thereof is hereby acknowledged and received, Dow Hydrocarbons and Resources LLC, a limited liability compenx p GgFQgF8$igA, 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 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 (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: 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, Hams 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 day of , 20_. PERMIME Dow Hydrocarbons and Resources LLC Company Name ture of Authorized Officer Jere H. Dial Printed Name Attomey -in -Fact Title Indemnity Aaseement 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, L t& A7jra rt1ouJ6- , the undersigned notary public, on this day ersonally appeared 'ct , in his/lier capacity as ► h r ` --fel- of ,w jregr, LLjL, on behalf of such QoffeM4" 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 LISA R ARAMBULA * * NOTARY PUBLIC State Of Tem Comm E�.07/23/2017 caldhMemergency mgmtlPemi itteel ndemni ly.Agreement Indemnity Agreement, Page 3 200 o and for the State of Texas Exhibit "B"