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
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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
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