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Ordinance No. 13,991ORDINANCE NO. 13,991 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A PIPELINE PERMIT TO HSC PIPELINE PARTNERSHIP, LLC, TO INSTALL A NEW 16 -INCH ETHYLENE 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. WHEREAS, HSC Pipeline Partnership, LLC, has submitted a pipeline application to install a new 16 -inch ethylene 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 HSC Pipeline Partnership, 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 HSC Pipeline Partnership, LLC, for the 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 HSC Pipeline Partnership, LLC, corresponding to the Pipeline. Section 3: That the City Council of the City of Baytown hereby establishes ONE HUNDRED THOUSAND AND N0/100 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 affirmative vote of the City Council of the City of Baytown this the 10th day of January, 2019. A ST: L TICIA BRYSCH, Ci lerk APPROVED AS TO FORM: ACIO RAMIREZ, SR , fity Attorney �J EATHER BETANCOURTH, Mayor Pro Tem COBFSOI Legal\Karen\Files•.CityCounciI'.Ordinances\2019Uanuary 10\NewPipelinePermit2HSCPipelinePartneishipLLC.doc 2 e`rc"- . r COBFSOI Legal\Karen\Files•.CityCounciI'.Ordinances\2019Uanuary 10\NewPipelinePermit2HSCPipelinePartneishipLLC.doc 2 Exhibit "A" Pipeline Permit Number: P-19-01 CITY OF BAYTOWN PIPELINE PERMIT Permittee's Name: HSC Pipeline Partnership, LLC Address: City: State: Zip: PO Box 4324 Houston Texas 77210 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: Pipeline Destination Point: Mont Belvieu Affected Public Ways: Points Pipeline Crosses Public Ways: ➢ Tri -Cities Beach Road The points at which the pipeline will run or cross any Public Way are depicted in site map, which is attached hereto as Exhibit "B" and incorporated herein for all intents and purposes. Description of Pipeline: The 16 -inch pipeline used to transport ethane, in an existing pipeline corridor within both 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 16.000 inches and a wall thickness of 0.0.500 inches. The will be API 5L X 60 carbon steel pipe with a M I -S 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 10`s day of January 10, 2019, 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 January 2019. Jose A. Pastrana, P.E. Director of Engineering FAKarenTileMmergency ManagementTipeline Regulatory FormsVnvista ftelinePermit.doc Exhibit "A" Permit Number: 19-011 INDEMNITY k. FMJL`J1 V T STATE OF TEXAS § COLTIM Or- RAMS § For and in consideration of die 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 Ilie City of Baytown, which consideration and sufficiency thereof is hereby acknowledged and reccivcd, rtsc Pipeaha Parmarss]M t: c , a corporation authorized to do business in the Stale of Texas, hereinafter "Perminee " 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 AGAINSTANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES Or 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, REPLACE ME NT, ADJUSTMENT ORREMOVAL 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 TATE 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 THAI' NEGLIGENCE AND PC' RMITTEE'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 DAr5= RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. Indemnity A�rmcnt. Page t Permit Number: Failure of either party hereto to insist on the strict p. fointaime of any of d1v abovc•referenrcr ordinanm requirements or of the indemnity contained hereinabove or to exercise any rights or remedies accnting Lli munder upon default or failure of performance shalt not be considered a waiver of the right to insist on and to enforeebyan appropriate remmiy, strict compliance with anyother obligation hereunderorto exercise any right or remedy occurring as a result of any future default or failure of performance This Agwement shall in all respects be interpreted and construed in accordance with and governed by the latus of rite State of Texas, regardless of the place of its execution or performance. The place of making and the place of performance for till 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 detennination slial t not affect any other term of this Agreement, which shall continue in full force and effect. The officers executing this Agreement on behalf ofthe parties hereby represent that such officers have full authority to execute this Agreement and to bind the party helslie represents. SIGNED this '� day of PERMIT? EE HSC Pipeline Partnership, LLC Company Nnme Signature of Authorized Officer Mare D. Tuusend Printers Name Agent and Allorney-in-Fact Title Indemnity Mtreament, Nuke 7 Permit Number: /9-0 CITY OF BAYTOWN RICHARD L. DAVIS, City Manager ATTEST. LETICIA BRYSCH, City Clerk STATE OF TEXAS COUNTY OF RARRIS Before me, L , G. Niro rt , the undersigned notary public, on this day personally appeared Marc O.'rausend in his/her capacity as Agent and Attorney -In -Fig of 14SC Pipeline Partnetslap. LLC , on bchnlf of such corporation X _ known to me; proved to me on ilia 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 lire acknowledging person} (Check ant) to be the person whose frame is subscribed to the foregoing instrument, and acknowledged to ore that he/she executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , —..- -- m.%nioAtliouloCUELOfl11 11EnA Public, MAe o1 TOMIS Comm. Expires 07-7u•2020 Nota Public in and forilrc State of Texas IC t 7901;73[33 Notary c:lklh!4'cmerecne)mgmt\Pmnittmindann ity. Aprccaint I dlz Rx_6U ut, Papp 3 Exhibit "B" 0 O zz a =-� z m m m = v tit ` _ 1 �� � ^ � ''`?� �t., %1� 111`; � �1� � '�r \ :�. '• � , � 1 1 - y r ` i PROPOSED PIPELINE g �� z r,