Ordinance No. 13,768ORDINANCE NO. 13,768
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, VOIDING PIPELINE PERMIT NO. 18-02, WHICH WAS GRANTED
IN ERROR TO LONE STAR MONT BELVIEU LP, VIA ORDINANCE NO.
13,738 ON APRIL 12, 2018; AND GRANTING SUCH PIPELINE PERMIT TO
FLST LLC D/B/A LAVACA LST PIPELINE LLC, FOR THE INSTALLATION
OF ONE (1) 16 -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.
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WHEREAS, on April 12, 2018, the City Council of the City of Baytown, Texas, passed
Ordinance No. 13,738, which awarded three pipeline permits to Lone Star Mont Belvieu LP; and
WHEREAS, Permit No. 18-02, which was attached as Exhibit `B" to such ordinance,
pertained to a permit application submitted by FLST LLC d/b/a Lavaca LST Pipeline LLC, for
the installation of one (1) 16 -inch pipeline in the City limits and/or its extraterritorial jurisdiction
(hereinafter referred to as the "Pipeline"); and
WHEREAS, the City Council desires to void Permit No. 18-02, which was granted in
error to Lone Star Mont Belvieu LP, via Ordinance No. 13,738 on April 12, 2018, and issue
Permit No. 18-04 to FLST LLC d/b/a Lavaca LST Pipeline LLC; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown hereby voids Permit No. 18-
02, which was granted in error to Lone Star Mont Belvieu LP, via Ordinance No. 13,738 on
April 12, 2018.
Section 2: That, subject to receipt of the bond specified in Section 4 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 FLST LLC d/b/a Lavaca
LST Pipeline LLC, for the new pipeline described therein and authorizes and directs the Director
of Engineering to execute such permits.
Section 3: That, subject to receipt of the bond specified in Section 4 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 FLST LLC d/b/a Lavaca LST
Pipeline LLC, corresponding to the pipeline.
Section 4: 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 5: 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
City of Baytown this the 10th day of May, 2018.
ATTEST:
LE ILIA BRYSCH, City Jerk
APPROVED AS TO FORM:
WYNACIO RAMIREZ, SR., City rney
S
vote of the City Council of the
DONCARLOS,
R^KarenTiles.City Council`.Ordinances\2018\May 10\NewPipelinePermit2FLSTLLCdbaLavacaLSTPipelineLLC.doc
Exhibit "A"
Pipeline Permit Number: P-18-02
CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
FLST LLC d/b/a Lavaca LST Pipeline Company
Address:
City:
State:
Zip:
1300 Main Street
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:
Bayway Drive
Pipeline Destination Point:
North of Miller Cut Off Road
Affected Public Ways:
Points Pipeline Crosses Public Ways:
➢ Bayway Drive
The points at which the pipeline will run or cross any Public
➢ Wooster
Way are depicted in Exhibit "13," which is attached hereto and
incorporated herein for all intents and purposes.
Description of Pipeline:
The 16 -inch pipeline used to transport ethylene products,
within the city limits and the ETJ. The pipeline will include a
maximum operating pressure of 2160 PSI, The carrier pipe
has an outside diameter of 16.00 inches and a wall thickness
of 0.500 inches.
This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the
10th day of May 2018, 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 May 2018.
Jose A. Pastrana, PE
Director of Engineering
F: Karen Files Emergency Management Pipeline Regulatory Forms\lnvistaPipelinePermit.doc
Exhibit "A"
Permit Number: - C: -)
II1'1VEl711\aL AG1\EEM E191
ti 1A IT. ()I TEXAS
CHUM -I'1. Or 1IAMUIi ;
I or and in consideration of, the ('its% of II'moml issuing a hermit in accordance %%ith Chapter :-1
"I:neirt�ltnunl." Article V 'I11141111MIS Stthaanec.. I.i►luitls,uul (1a4 Pipelill" ol'tlte Code nl'Urdinances of the•
Cite of q•lown. which consideration and sufliciello fhercol' is �hereb} achno�t ed;_ed and received.
�in_ 5-u51naSS a5 a corporation authori/ed to do husinrss in the .Starr of fcsas.
hrrcinalicr I'crn ltee." hcreh% ala•ccs as filllo%c.. Lowaca- LS- —P I • LG pe l . ,,e� C
PERMITTEE AGREES TO AND tiIIALI. IN1)Ell INIFY, HOLI)
IIAIl1ILESS AND DEFEND, 111ECITY, ITS OFFICERS, AGENTS AND
1 EMPLOYEES, COLLECTIVELY Irl'FERIZED TO AS "CI'T'Y." FROM
AND AGAINST ANN' AND ALL C LAINTS, LOSSES, DAMAGE'S, CAUSES
OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING
ALL EXPENSES OF LITIGATION', COURT CO. "TS, AND ATTORNEYS'
FINIS ["Oil INJURY TO Oil DI'A'1'1.1 OF ANN' PERSON, Oil FOR
DANIAGE TO ANY PROPERTY, ARISING OUT OF Oil IN
CONNECTION WITH THE CONSTRUC'T'ION, MAINTENANCE
OI'F.IlATION, REPAIR, REPLACEMENT, ADJUSTMENT OR IMMOVAL,
OF ANY PART OR ALL OF '!'III; PIPELINE PER.N1ITTED HEREIN,NVIIERE SUCH INJURIES, DEATHS Oil DA1'IAGES ARE CAUSED BY
THE CONCURRENT NEGIJGENCE OF TIII? CI7'1' ANU I'1?11�N11T'I'l:l:
AND/OR 131' "1'111: JOINT OR SOLE NEGLIGENCE OF THE
PERMITTEE. IT 1S THE EXPRESSED INTENTION OF THE PARTIES
HEERE1'O, 130711 PEMMITTEE AND T11111" TIIIAT THE
INDEUMNITY PROVIDED FOR IN THIS PARAGRAPI-I IS AN'
1NDEMNrn, in, PERMITTEE. TO INDEMNIFY, PROTECT AND
DEFEND TIIE CITY h11O1.1 TILE CONSI?QUENCI:S OF (I) T} -IE CI'I'N''S
OWN NEGIAGENC E', NVIIERE THAT NEGLICEN'C E AND
PERNHTTEE'S NEGLIGENCE ARE CONCURRING CAUSES OF THE
INJURY. DEATII OR DAMAGE; AND/Oil (II) PEMMITTEE'S JOINT
AND SOLE. NEGLIGENCE:. FURTIIE:RNIORE, T11E INDENINITY
PROVIDED FOR IN THIS PAIZAGRA1111 SHALL HAVE NO
APPLICATION TO ANY CLAIM, LOSS, DAIMAGE, CAUSE OF AC" i'ION,
SUIT AND LIA131LITY NN'11EIZE THE INJUIlV, Dls'A"1 H Oil DAMAGE
RESULTS FROM'1'IIF. -SOLE NE(:LIGENC'I-' 01, 1'I1E CI'1')' UNMIXED'
NN11TH THE FAULT OF ANN' OTIIER PERSON OR ENTrrY.
Indellmin AL-reelncnl.
Permit Number: / cY - r7 J
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 inappropriate 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 conustrued 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 malting
and the place of performance for all purposes shall be Baytown. I lams County. Texas.
All parties agree that should any provision of this Agreement lie 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 L .-)()16
PCRIIIITTEE
LL p i
ELS o,n `�u5//) as _
Company Name a L/acm e -5f1. P;pp,(inv_ LLC
Printed Name
title , S ,. u (,..f a�
Indenurih Agreement. Page 2
Permit Number:
CIT1 Or BAVTO'%VN
RICI-IAR b VIS. City i\'lanager
ATTE T:
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1
L - ICIA BRYSCUL City rk 1
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STATE OP •fEXAS
ti
COUNTY 01. 11ARRIS
lieffile• ,f the unclersigned notary pt blic, oI lis day personally
appeared 4prQ e _. itl his4im- capacity as r of
L - .. -i.� f on behal f of such corporation
known to file:
provcd to file on the oath of _ : or
proved to me through his/her current
description of identification card or otherdocument issued by the federal governmen -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 instrunlent. and acknowledged to me that hclshc
executed that instrument for the purposes and consideration therein expressed.
Given under Illy hand and seal of of lice this clay of i
MARIA E. ACOSTA
`. fir nQN,
'0 `,:Notary Public, State of Texas
Comm. Expires 11-19-2021
Notary ID 7346525
hun��
c+61112-hemernenc%menn;l'enmltceInde mnll} Agreemew
Indemnity Agreement. Pale 3
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Notary Public in and for the State of Texas
may,