Ordinance No. 12,846ORDINANCE NO. 12,846
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO EXXON MOBIL
CORPORATION TO INSTALL ONE NEW TWELVE -INCH PIPELINE IN AN
EXISTING PIPELINE CORRIDOR; 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, Exxon Mobil Corporation 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 Exxon Mobil Corporation, 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 Exxon Mobil Corporation 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 Exxon Mobil Corporation
corresponding to the pipeline.
Section 3: That the City Council of the City of Baytown hereby establishes ONE
HUNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00) 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 affirmative1* of the City Council of the
City of Baytown this the 23`d day of April, 2015.
ATTEST:
Ila
k-- LETICIA BRYSCH, rk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., Cit ttomey
STEP: CN MCARLOS, Mayor
R:1Karen\Files,City Council' Ordinances\2015Wpril 23' NewPipelinePermit2ExxonMobilCorporation .doc
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R:1Karen\Files,City Council' Ordinances\2015Wpril 23' NewPipelinePermit2ExxonMobilCorporation .doc
EXHIBIT A
Pipeline Permit Number: P -15 -01
CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
Exxon Mobil Corporation
Address:
City:
State:
Zip:
P.O. Box 3950
Baytown
Texas
77520
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:
ExxonMobil Refinery (P- 118slab)
Pipeline Destination Point:
ExxonMobil Refine Dock 2 — Mitchell Bay)
Affected Public Ways:
Points Pipeline Crosses Public Ways:
Bayway Drive
The points at which the pipeline will run or cross any Public Way
are depicted in Exhibit "B," which is attached hereto and
incorporated herein for all intents and purposes.
Description of Pipeline:
The 12 -inch pipeline used to transport Non - Potable Water, in an
existing pipeline corridor within both the city limits and the ETJ.
The pipeline will include a maximum operating pressure of 135
PSIG, a Normal Operating Pressure of 180 PSIG. The proposed
pipeline is an intrastate pipeline regulated by intrastate
rules /regulations.
This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the
23rd day of April, 2015.. 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 April, 2015.
Jose A. Pastrana, P.E.
Director of Engineering
F:VCaren.Files Emergency 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 Bayto� i, which consider ion and sufficiency thereof is hereby acknowledged and received,
�a M0 Gen° 4 5i#144 a corporation authorized to do business in the State of Texas,
TV
hereinafter "Permittee," 1 ereby agrees as follows:
PERINIITTEE 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.
Indemnitv Aureement. 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 hereinabo%e 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 Bayto% n, 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 'day of _ (Atr _ -'20/3 1--,
PERMITTEE
Company Name
Signature of Authorized Officer
Printed Name
Ti le
Indemnitv Aerecment, Page
Permit Number:
CITY OF BAYTOWN
ROBERT D. LEIPER, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
STATE OF TEXAS
COUNTY OF HARRIS
Before me, b; J i1t�_ 'C'& IC' , the undersigned notary public, on this day personally
appeared Crb in his %hcr capacity as L •Kfftit (1%_ of
_ t �e- Sc,t.. Gc,. , on behalf of such corporation
✓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 offrr
�'otary Public in and for the State of Texas
}.ih'd emergenc�ingmt' PcmliceIndemmty.Agrcemcnl
DIANA K. HESSLER
Indemnity Agreement, Page 3 =�� 4�= Notary Public. State of Texas
ai »= My commission Expires
December 06, 2016