Ordinance No. 14,078ORDINANCE NO. 14,078
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO EXXONMOBIL PIPELINE
COMPANY TO INSTALL A NEW 20-INCH GASOLINE PIPELINE IN AN
EXISTING PIPELINE CORRIDOR; ESTABLISHING THE AMOUNT OF THE
BOND; AUTHORIZING AND DIRECTING THE ACTING 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, ExxonMobil Pipeline Company, has submitted a pipeline application to
install a new 20-inch gasoline pipeline in the City limits and/or its extraterritorial jurisdiction
(hereinafter referred to as the "Pipeline"); and
WHEREAS, the Acting 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 ExxonMobil Pipeline Company, 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 ExxonMobil Pipeline
Company for the Pipeline described therein and authorizes and directs the Acting 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 ExxonMobil Pipeline Company
corresponding to the Pipeline.
Section 3: That the City Council of the City of Baytown hereby establishes FIVE
HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) 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 91h day of May, 2019.
BRANDON CAPETILLO, Nfiyor
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
4W�4�n�
ACIO RAMIREZ, SR., OK Attorney
R:1Karen\FileslCity Council Ordinances\2019\May 9 NewPipelinePermit2ExxonMobilPipelineCompany.doc
Exhibit "A"
Pipeline Permit Number: P-19-02
CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Nano:
ExxortMobil Pipeline Company
Address: City' - gtat:
22777 Springwoods Village Spring Texas
Pitwy
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
Mont Belvieu
>a Beyway Drive The points at which the pipeline will run or cross any
Public Way are depicted In site map, which Is attached
hereto and Incorporated herein for all Intents and purposes.
2mriplioon f P�jpeline•
The 20-inch pipeline used to transport gasoline. within the
city limits and the ETJ. The pipeline will include a
maximum operating pressure of 2180 PSI. The carrier pipe
has an outside diameter of 20.000 inches and a wad
thickness of 0.0.500 inches. API 51. X 80 carbon steel
pipe with a FBEIARO 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 9iE
day of May 2019, grants Permittec 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, Pennittee has agreed to hold harmless and indemnify rite 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 2019.
A,jay Shakyaver, P.E.
Interim Director of Engineering
F JCa.en FlitsEmergaey Mtoganeol Pipeliae Resultlory FinaU tmiu�PipesaePrnoil.doc
Exhibit "A"
PermitNumber: - 0 Z-
INDEMNITY AGREEMENT
STATEOFTEXAS
COUNTY OF HARRIS
For and in consideration of the City of Baytown issuing a permit in accordance with Chapter 34
"Enviro►unent," Article V "Hazardous Substances, Liquids and Gas Pipelines" of Ilse Code of Ordinances of the
City of Baytown. which consideration and sufficiency thereof is hereby acknowledged and received,
ExxohMobil Pipeline Company a corporation authorized to do business in the State of Texas, hereinafter
"Permtt►ee," 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
AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF
ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL
EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS' FEES
FOR INJURY TO OR DEATH OF ANY PERSON, OR FOR DAMAGE
1.0 ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH
THE CONSTRUCTION, MAINTENANCE, OPERATION, REPAIR,
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 CI1 Y 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;
ANDIOR (11) PERMITTEE'S JOINT AND SOLE NEGLIGENCE.
FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH SHALL HAVE NO APPLICATION TOANY CLAIM, LOSS,
DAMAGE, CAUSE OF ACTION, SUIT AND LIABILI fY WHERE THE
INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE
NEGLIGENCE OF THE CITY UNMIXED WITH THE FAULT OF ANY
OTHER PERSON OR ENTITY.
Indemni►y Apmgmnt Page I
Permit Number Iq - Q 2-
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 th y o _
PERMUTEE
ExxonMobil Pipeline Company
Company Name
Signature of Authorized Officer
Matthew Horneman
Printed Name
Attorney in Faqt
Title
Indemnity Agreement, Page 2
Permit Number: Iq
CITY OF BAYTOWN
RICHARD L. DAVIS, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
S1-ATEOF TEXAS §
COUNTY OF HARRIS §
Before me, David W. Sin, (p'r the undersigned notary public, on this day personally
appeared Matthew Homeman in his/her capacity as Attorney in Fact of
ExxonMobil pine Comoanx on behalf of such corporation
X 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 ,..f K day of �_ 2019
OR
DAVID W. SINCLAIR ` '�
0. My Notary ID 11451798 `
k;�• • Expires August 6, 2020
Notary Public n and for1he State o Texas
e `RIb2J cmetgeneym{m,�Pamilleelnde,omty 1lgctemtol
Indamnhy Aanpement. Page 3
PROPOSED
PIPELINE