Loading...
Ordinance No. 13,840ORDINANCE NO. 13,840 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH EXXON MOBIL CORPORATION FOR THE PLANTING OF TREES AT DESIGNATED LOCATIONS WITHIN THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ***************************************************************************** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager and City Clerk of the City of Baytown to execute and attest to an an agreement with Exxon Mobil Corporation for the planting of trees at designated locations within the City of Baytown. A copy of said agreement is attached hereto, marked Exhibit "A" and incorporated herein for all intents and purposes. Section 2: 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 affirmative City of Baytown, this the 9th day of August, 2018. 6-1 ATT E T: TICIA BRYSCH, City rk APPROVED AS TO FORM: ACIO RAMIREZ, SR. ity Attorney of the City Council of the ee0lieFye �* \ ��©ees e• y�� 0 ^ e o e e° e o F �lcobfs0111ega11Karen\Files-City CouncihOrdinances\201MAugust 9'•.ExxonMobil`rreeAgreement.doc Mayor Exhibit "A" August 6, 2018 Mayor Stephen DonCarlos City of Baytown Parks and Recreation Department 2401 Market St. Baytown, TX 77520 Re: Tree Planting Agreement Dear Mayor DonCarlos: Exxon Mobil Corporation ("ExxonMobil") appreciates the opportunity to partner with the City of Baytown ("City") on a Supplemental Environmental Project ("SEP") to plant trees in the community. This SEP will be completed pursuant to the Consent Decree identified as Civil Action No. 4:17-cv-3302 between the United States of America and the Louisiana Department of Environmental Quality and Exxon Mobil Corp. and ExxonMobil Oil Corp. ("Consent Decree"). The Consent Decree was approved by the court and effective on June 6, 2018. The parties have agreed to document the plan for implementing the SEP. As we've discussed, the SEP involves the planting of approximately 1,458 trees in five phases between the fall of 2018 and the fall of 2020. In accordance with Appendix 2.1 of the Consent Decree, the attached Exhibit A sets forth further terms of the SEP, including a list of EPA -approved tree species, required planting locations and a schedule. By countersigning this letter, the City agrees to the terms herein, including Exhibit A, and agrees that any payments made to the City under this agreement will only be utilized for the SEP. ExxonMobil appreciates the opportunity to support the City of Baytown through this SEP. We also appreciate the City's leadership in facilitating the planting process. If you have any questions about this letter, the SEP, or other concerns, please contact Connie Tilton at 346-259-7342. EXXON MOBIL CORPORATION r� Afame: MLaw 1fflLoigh fool -- Tille: BTCP Sile Manager Date: - 6 I l (,; CITY OF BAYTOWN Nance: — - — Tille: Date: Exhibit A Baytown Area Phyto -Pollution Reduction SEP Purpose: The purpose of the Baytown Area Phyto -Pollution Reduction SEP is to improve air quality and achieve other environmental benefits through the planting of trees in areas in the City of Baytown, Texas. Approximately 50% of the total number of trees to be planted will be planted within a 1 -mile radius of the ExxonMobil's Baytown Facilities. The remaining trees will be planted within a 4 -mile radius of the ExxonMobil's Baytown Facilities. All locations where trees will be planted are depicted in the attached map ("Legend for Tree Locations"). The environmental benefits are expected to include, among others, the reduction of ozone, nitrogen dioxide, sulfur dioxide, and particulates, as well as the generation of oxygen, resulting in improved air quality, and the reduction of carbon dioxide, a greenhouse gas. Trees planted near high -traffic roadways also act as vegetative buffers which reduce the transport of particulate emissions from roadway traffic. Roadside vegetation has been shown to reduce a population's exposure to air pollution through the interception of airborne particles and through the uptake of gaseous air pollution via leaf stomata, in addition to affecting pollutant transport and dispersion. The Baytown Area Phyto -Pollution Reduction SEP is expected to supplement the number of trees which would normally be planted in the communities near the Baytown Facilities by the City of Baytown using its own funds. Thus, the City of Baytown will not reduce the amount of its own funds expended for tree planting in the SEP -designated areas as a result of these funds. Scope: The City of Baytown (the "City") will plant approximately 1,458 trees in designated areas in Baytown as defined below. The trees will be placed in existing wells in sidewalk locations or new ones will be created. The trees will be one of the species on the following Table of Acceptable Tree Species, all of which have been pre- approved by the Director of the Baytown Parks and Recreation Department (the "Director"). The trees will be at least 2.5 caliper and at least 8 feet in height at the time of planting, unless the Director approves a smaller size. The City will also ensure that trees planted under the Baytown Area Phyto -Pollution Reduction SEP are covered by a warranty of at least two years and are inspected pursuant to the City's contracted tree planting specifications during the two-year period. At its own election or at the request of the Director, ExxonMobil may submit a request for EPA's review and approval that proposes other tree species that may be used to fulfill the requirements of this SEP in addition to those listed in the Table of Acceptable Tree Species. Any additional tree species proposed must meet the same specifications listed in this SEP, and ExxonMobil must submit data quantifying potential VOC emissions from the proposed species. EPA's decision to approve or deny the ExxonMobil's request will not be subject to judicial review. Page 1 of 5 In implementing the Baytown Area Phyto -Pollution Reduction SEP, ExxonMobil will spend approximately $1,000,000 in SEP Eligible Costs. SEP Eligible Costs shall only include the costs of acquiring the trees, planting trees, and work directly related to such planting (such as sidewalk preparation, soil preparation, staking, etc.). SEP Eligible Costs shall not include any administrative costs incurred by the City of Baytown or others in connection with the SEP or otherwise. Project Schedule: The Baytown Area Phyto -Pollution Reduction SEP will be implemented in five (5) phases: • Phase 1: Approximately 292 trees shall be planted during the fall of 2018. • Phase 2: Approximately 292 trees shall be planted during the spring of 2019. • Phase 3: Approximately 292 trees shall be planted during the fall of 2019. • Phase 4: Approximately 291 trees shall be planted during the spring of 2020. • Phase 5: Approximately 291 trees shall be planted during the fall of 2020. The phasing set forth above may be revised by mutual, written agreement of the ExxonMobil and the EPA to account for the availability of trees and other factors, as long as the entire amount of approximately 1,458 trees is planted by December 31, 2020. The timing of any of the phases may also be revised by mutual, written agreement to allow for the trees to be planted under the best weather conditions possible. Payment Schedule: Upon receipt of a completed W-9 from the City, ExxonMobil will pay the City five (5) installments of Two Hundred Thousand Dollars ($200,000.00) according to the following schedule: • Payment 1: $200,000 within 45 days of execution of the Agreement to be used for Phase I • Payment 2: $200,000 on or before February 15, 2019 to be used for Phase 2 • Payment 3: $200,000 on or before August 15, 2019 to be used for Phase 3 • Payment 4: $200,000 on or before February 15, 2020 to be used for Phase 4 • Payment 5: $200,000 on or before August 15, 2020 to be used for Phase 5 SEP Reports: As part of a Semi -Annual Report required by Section X of the Consent Decree (Reporting Requirements), until this SEP is completed, ExxonMobil must submit to EPA a report that identifies the locations of the trees planted, the species of trees planted, and an itemization of the SEP Eligible Costs incurred since the last report submitted by the ExxonMobil. In addition, each report shall explain any problems encountered in performing the SEP and any proposed solutions. Page 2 of 5 As part of the first Semi -Annual Report due after the Phase 5 planting is completed, ExxonMobil shall include a completion report for the Baytown Area Phyto -Pollution Reduction SEP that: i) identifies the locations of all of the trees planted, ii) identifies the species of all of the trees planted, iii) includes an itemized listing of all SEP Eligible Costs expended (including backup documentation), iv) identifies any trees that needed to be replaced during the warranty period as of the date of the report, and v) estimates the environmental benefits achieved as a result of the Baytown Area Phyto -Pollution Reduction SEP. EPA may, in its sole discretion, require information in addition to that described above reasonably necessary to determine the adequacy of project completion or the eligibility of SEP Eligible Costs expended and ExxonMobil shall provide such information. To facilitate ExxonMobil's reporting obligations under the Consent Decree, as described above, on or before December 31 and June 30 of each year, the City will provide to ExxonMobil a report that identifies the locations of the trees planted, the species of trees planted, and an itemization of the SEP Eligible Costs (including backup documentation) incurred since the last update and identifies any trees that needed to be replaced during the warranty period as of the date of the report. Project Planting Details: A. The trees will be planted in nine (9) primary areas around Baytown, Texas, as described below. The City has chosen these locations for tree plantings in an effort to maximize their environmental and public health benefits: 1. Along major thoroughfares lacking in tree cover: a. That are key entries to the city: i. Spur 330 & I-10, ii. SH 146 to Main, and iii. SH 146 Business to South Alexander Drive; b. Areas along 330 near the ExxonMobil's Baytown Facilities. 2. At various city parks, at entrances with little or no trees. 3. Within large city parks, along park roads which have little or no trees to create shaded corridors. 4. In and around park parking lots to reduce the heat island effect. 5. Along jogging and walking trails within city parks. 6. Along the Goose Creek Trail System where trees can be planted and are currently unavailable to provide shade. Page 3 of 5 7. At existing picnic areas where shade shelters do not provide adequate shade. 8. At key locations within parks which need screening or shade 9. During each seasonal planting, a percentage of trees from 5% to 10% will be reserved for locations within parks where new projects are taking place which were unforeseen or unexpected at the time this proposal was created. B. The current estimate is to plant 1,458 trees sized in the following manner within the areas listed immediately above. The percentages were worked out in order to try to balance the number of each size of tree to be planted: • 30 gallon: 16% • 45 gallon: 23% • 65 gallon: 27% • 100 gallon: 34% C. Species of trees to be planted conform to the City's usual list of trees selected for mass plantings during past efforts to green park and public areas or to provide perimeter buffers at new parks. The actual numbers of each species to be planted will be determined by the sites chosen and based on the varieties of trees already existing within the parks or other facilities or the varieties needed for environmental balance as well as a balance between evergreen and deciduous species. List of Acceptable Tree Species Common Name Scientific Name River Birch Betula Nigra Cedar elm Ulmus crassifolia Drummond Red Maple Acer rubrum var dummondii Red Maple Acer rubrum Basham Crape Myrtle Lagerstroemia Indica `Basham' Eastern Redbud Cercis canadensis Eastern Redbud Cercis canadensis `Forest Pansy' Little Gem Magnolia Magnolia grandiflora `Little Gem' Sweetbay Magnolia Magnolia virginiana Bald Cypress Taxodium distichum Pecan Carya Illinoinensis Pride of Houston Yaupon Holly Ilex vomitoria Page 4 of 5 Possumhaw Holly Ilex decidua Possumhaw viburnum Vibumum nudum Page 5 of 5