Ordinance No. 13,668ORDINANCE NO. 13668
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO TARGA NGL PIPELINE
COMPANY, LLC, TO INSTALL A TWENTY -INCH PIPELINE TO
TRANSPORT LPG (UN-ODORIZED) IN A NEW PIPELINE CORRIDOR IN
THE CITY'S EXTRATERRITORIAL JURISDICTION; 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, Targa NGL Pipeline Company, LLC, has submitted pipeline applications to
install a twenty -inch pipeline to transport LPG (un-odorized) in a new pipeline corridor in the
City's 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 applications and plans for the Pipeline, has issued a report to the City Council
recommending granting the permit for the Pipeline; and
WHEREAS, the City Council has received such report and has determined that, based
upon the representations of Targa NGL Pipeline Company, 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 Targa NGL Pipeline
Company, 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 Targa NGL Pipeline Company, LLC,
corresponding to the Pipeline.
Section 3: That the City Council of the City of Baytown hereby establishes ONE
MILLION AND NO/100 DOLLARS ($1,000,000.00) 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 affirmativefiGote of the City Council of the
City of Baytown this the 14th day of December, 2017. T
ATT ST:
L TICIA BRYSCH, City &&k
APPROVED AS TO FORM:
lcobfsOI%1egallKaren\FileslCity Council.Ordinances\2017\December14\NewPipelinePermit2TargaNGLPipeline.doc
Exhibit "A"
Pipeline Permit Number. P-17-04
CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
Targa NGL Pipeline Company, LLC
Address:
City:
State:
Zip:
1000 Louisiana Street, Ste.
Houston
Texas
1
11 4300
Descnptlon of Plpelme:
➢ Sralla Road
11
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:
Targa Mont Belvieu
Pipeline Destination Point:
Targa Galena Park
Affected Public Ways:
Points Pipeline Crosses Public Ways:
➢ Garth Road
The points at which the pipeline crosses the Affected
➢ Glenwood Road
Public Ways are depicted in Exhibit "B," which is attached
➢ Fairview
hereto and incorporated herein for all intents and purposes.
➢ Danek Road
Descnptlon of Plpelme:
➢ Sralla Road
The 20 -inch pipeline used to transport LPG, not through an
➢ Shell Road
existing pipeline corridor within the ETJ. The pipeline will
Crosby -Lynchburg Road
include a maximum operating pressure of 1480 PSI, a
➢ Winfree Road
minimum test pressure of 2200 PSI, and have minimum
➢ Hadden Road
yield strength of 60,000 PSI. The carrier pipe has an
➢ Crosby Bayou Road
outside diameter of 20.000 inches and a wall thickness of
➢ Barber's Hill Road
0.500 inches. The will be API 5L X 60 ERW pipe with a
fusion bond epoxy coating under the roads.
This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the 14th
day of December 2017, 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 2017.
Jose A. Pastrana, P.E.
Director of Engineering
F.\KatenVileslEmergency Management.Pipeline Regulatory Forms\lnvistaPipelinePermit.doc
EXHIBIT A
Permit Number: 17-04
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 Lias Pipelines" of the Code of Ordinances of the
City of Baytown, which consideration and sufficiency thereof is hereby acknowledged and received,
a.ra 9 V6 L F: gf J.,me (ya gqng LLC a corporation authorized to do business in the State of Texas,
herein er "Permittee," hereby a es 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 LIABII.ITY 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, REPMR 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 (In PERMTTTEE'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.
Indemniri Agreement, Page t
EXHIBIT A
Permit Number: 17-04
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, 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 thistday of _ �! AvS�' , 201
PERMITTEE
TQ,Tq &11,L f�nf �i�►P (cm04nV L -LG
Com any Nme
Signature of Authorized Officer
Mn(1 .IA Wlnffr
Printed Name
Indemnity Agnment, Page 2
EXHIBIT A
Permit Number: 17-04
CITY OF BAYTOWN
RICHARD L. DAVIS, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
STATE OF TEXAS §
§
COUNTY OF HARRIS §
Before me, ifJW1F— L-Srel(If the undersigned notary public, on this day personally
appeared �CIIrf.1�,n_ Lel n ( in his/her capacity as _ ., of
L� i C_ , 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 of _Aj ILd - , 2001
MICHELLE L. STELLY _S:C
My Notary ID # 11505873
Notary Public in and for the State of Te
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