Ordinance No. 13,087ORDINANCE NO. 13, 087
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO ENTERPRISE PRODUCTS
OPERATING, LLC, TO INSTALL A NEW TWELVE -INCH (12 ") 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, Enterprise Products Operating, LLC, has submitted a pipeline application to
install a 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 Enterprise Products Operating, 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 Enterprise Products
Operating, 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 Enterprise Products Operating, LLC,
corresponding to the pipeline.
Section 3: That the City Council of the City of Baytown hereby establishes FIVE
HUNDRED 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 affirmativ vote of the City Council of the
City of Baytown this the 10th day of December, 2015.
_
APPROVED AS TO FORM:
4 NA CIO RAMIREZ, SR., it Attorney
STJZPHEN H. DONCARLOS,
Cy �ODOf100DOV `�!�
°
D
171 � �� �f� Z• °
�( a
R:1Kared+Files'4City Counc&Ordinances\2015 December 10' ,NewPipelinePermit2EnterpriseProductsO eratingLLC.doc
EXHIBIT A
Permit Number: "05
INDEMNITY AGREEMENT
S1 ATE OI-- `fL-NAS §
COUNTY Of- HARRIS
I;or and in consideration of the City of Baytown issuing a permit in accordance with Chapter 4
-En %ironment." Article V "I-larardous Substances. Liquids and Gas Pipelines" of the Code of Ordinance" of the
City of Baytown, which consideration and sufficiency thereof is hereby acknowledged and received.
Enterprise Products Operating LLC, a corporation authorized to do business in the State of -texas.
hereinafter "Permittec," 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 ANN PROPERTY, ARISING OUT OF OR IN
CONNECTION WITH THE CONSTRUCTION, MAINTENANCE,
OPERATION, REPAIR, REPLACEI TENT, ADJUSTIIENT OR REMON'AL
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 PERtNIITTEE AND THE CITN, 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) PERNIITTEE'S JOINT
AND SOLE NEGLIGENCE. FURTHERMORE, TIIE 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.
IndenlnhN \ereement. Page I
EXHIBIT A
Permit Number: IS t
Failure of either party hereto to insist on the strict performance of any of the aboN e- referenced
ordinance requirements or of` the indemnity contained hercinabove or to exercise any ri-hts or remedies
accruing thereunder upon default or failure of performance shall not he considered a waiver ol'the right to
insist on and to enforce by in appropriate remedy, strict compliance \\ ith any otherobligation hereunderorto
exercise any right or remedy occurrent as a result okmy future default or failure ol'performanee.
This Age- cennent shall in all respects be interpreted and construed in accordance N\ ith and go\ erred h�
the laN\ s of the State of Texas. regardless of the place of ils execution or performance. The place (if making
rind 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 imaltd rn-
unenforceable. such determination shall not affect any other term ol'this Agreement. 11'hich 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" daps of 20 Ur,
PE.R..N1fTI'EE
Enterprise Products Operating LLC
Company Name - --
Signature of'Authorizcd Officer
Marc D. Tausend
Printed Name
Agent and Attorney -in -Fact
Tills
Indemnit% agreement. Page
ATTEST:
LETICIA BRYSCH. City Clerk
STATE OF TEXAS
ti
COUNTY OF HARRIS §
e
Belore me.
appeared Marc D. T usend
Enterprise Products Operating LLC
EXHIBIT A
Permit \umber: /S__ C6
CITY OF BAYTOWN
city Manager
the undersigned notary public. on this clay personally
his her capacity aS Agent & Attorney- in -Fa,t of
Oil behall'of such corporation
known to me:
pro-, ed to me on the oath of :or
proved to me throu"h his her current
description of identi fication card or other document issued by the federal 4uov ernment or any
state goy ernment that contains the photograph and signature of the acknox%ledging person;
(Check one)
to be the person whose name is subscribed to the foregoing instrument, and ackno\% ledged to me that lie she
executed that instrument Ior the puiposes and consideration therein expressed.
Given under my hand and seal ofoffice this 2'� day of '.Ay 200
CODY TREVINO
"�► =_ Notary Public. State of Texas
My Commssion Expires
.tune 01, 2015 Nota n Public in and Ior the State of Texas
L LM4 urmr,xn.%mLDm I'mrimmIndcmmh %,_rccin¢nl
Indemnit\ Agreement. Paee 3
EXHIBIT B Pipeline Permit Number: P -15 -5
CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
Enterprise Products Operating LLC
Address:
City:
State:
Zip:
1100 Louisiana Street, Ste. 1000
Houston
Texas
77002
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:
Air Products facility; located
South of Baker Rd & West of
Decker Drive - Baytown
Pipeline Destination Point:
Enterprise PDH facility; located west of Hatcherville Rd & 1 mile
north of FM 1942
Affected Public Ways:
Points Pipeline Crosses Public Ways:
➢
Decker Drive
The points at which the pipeline will run or cross any Public Way
➢
W. Baker Road
are depicted in Exhibit "B," which is attached hereto and
➢
Quail Hollow Drive Busch Road
incorporated herein for all intents and purposes.
Description of Pipeline:
➢ Cedar Bayou Lynchburg Road
➢
Lone Star Ave
The 12 -inch pipeline used to transport nitrogen within both the city
➢
Archer Road
limits and the ETJ. The pipeline will include a maximum operating
➢
Wallisville Road
pressure of 720 PSI, a normal operating pressure of 250 PSI. The
➢
➢
Haney Road
Barbers Hill Road
carrier pipe has an outside diameter of 12.750- inches and a wall
➢
Danek Road
thickness of .50 inches. The will be API 5L x 52 PSL2 pipe with a
MILS FBE14 mils ARO coating.
Directionally drilled pipe has additional 30 mils abrasion - resistant
overlay coating.
This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the 10th
day of December 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 December 2015.
Jose A. Pastrana, P.E.
Director of Engineering
F %Karen +Files%Emergency ManagementTipeline Regulatory Forms InvistaPipelinePermit.doc