Ordinance No. 12,290ORDINANCE NO. 12,290
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO SEAWAY CRUDE PIPELINE
CO., LLC, TO - INSTALL ONE NEW 30 -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.
WHEREAS, Seaway Crude Pipeline Co., LLC, has submitted a pipeline application to
install one new 30 -inch pipeline in the City limits and /or its extraterritorial jurisdiction
(hereinafter referred to as the "Pipeline "); and
WHEREAS, Seaway Crude Pipeline Co., LLC, has indicated that the permit which it
now seeks is needed in lieu of Pipeline Permit No. 11 -07, which was approved by the City
Council on April 12, 2012, and was issued to its predecessor in interest HSC Pipeline Company;
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 Seaway Crude Pipeline Co., 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 Pipeline Permit No. 11 -07, which was approved by the City Council
on April 12, 2012, and was issued to Seaway Crude Pipeline Co., LLC's predecessor in interest
HSC Pipeline Company, is hereby revoked.
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 Seaway Crude Pipeline Co.,
LLC, for the new pipeline described therein and authorizes and directs the Director of
Engineering to execute such permit.
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 Seaway Crude Pipeline Co., LLC,
corresponding to the pipeline.
Section 4: That the City Council of the City of Baytown hereby establishes FIVE
MILLION AND NO /100 DOLLARS ($5,000,000.00) 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. ,10-.°?
INTRODUCED, READ, and PASSED by the affirma
City of Baytown this the 11 th day of July, 2013.
S
AT
t !ry
LEA.. t3'BR SC I;` ;'Clerk
E
APPRO:Ar- ORM:
eT6NACIO RAMIREZ, SR., C 't Attorney
vote of the City Council of the
:ODONCARLOS, Mayor
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EXHIBIT A
Permit Number:
INDEMNITY AGREEMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
For and in consideration of the 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 the
City of Baytown which consideration and sufficiency thereof is hereby acknowledged and received,
a corporation authorized to do business in the State of Texas,
hereinafter "Permittee," 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 TO 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 CITY FROM THE CONSEQUENCES OF (1) THE CITY'S
OWN NEGLIGENCE, WHERE THAT NEGLIGENCE AND
PERNUTTEE"S NEGLIGENCE ARE CONCURRING CAUSES OF THE
INJURY, DEATH OR DAMAGE; AND/OR (11) PERMITTEEIS 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 DAMAGE
RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY UNMIXED
WITH THE FAULT OF ANY OTHER PERSON OR ENTITY.
jgdemnjty.Ag=Me0t Page I
EXHIBIT A
Permit Number:,
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 behalfof the parties hereby represent that such officers have
full authority to execute this Agreement and to bind the party he/she represents.
SIGNED this to"' day of AX , 20 "t'.1
PERM MEE
Printed Name
Indemnity. Um .t, Page 2
EXHIBIT A
Permit Number:
CITY OF BA TOWN
ROBERT D. LEIPER, City Manager
ATTEST.-
LETICIA BRYSCH, City Clerk
STATE OF TEXAS
COUNTY OF HARRIS
0 1 -1 Before me, n V-taCa.!11!:::fn9d, he undersigned notary on this day personally
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appeared M44-4- in Wber capacity as E _Pat Of
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4M on behalf of eeeh rzy
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known to me;
proved to me on the oath of µ or
proved to me through his/her current
(description of identification card or other document issued by the federal government or any
state govenunent 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 one that he!she
executed that instrument for the purposes and consideration therein expressed.
it
Given under my hand and seal of office this I ()�'day OfAml 20*0.4
APRIL MCCARTNEY
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NozotV Public, Stole of Texos
M Y mm COission Expires
May 17, 2016
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Indemnity. Agrrement, Page 3
NotaryTublic in and for the State of
EXHIBIT A
Pipeline Permit Number: P -13 -02
CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
Seaway Crude Pipeline Company LLC
Address: City: State: Zip:
1100 Louisiana Street, Ste. 1000 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:
Echo Facility Houston, TX
Pipeline Destination Point:
Mont Belvieu, TX
Affected Public Ways:
Points Pipeline Crosses Public Ways:
➢
Decker Drive (spur 330)
The points at which the pipeline will run or cross any Public
➢
West Baker Road
Way are depicted in Exhibit "B," which is attached hereto and
➢
Bush Road
incorporated herein for all intents and purposes.
➢
Garth Road
➢
Cedar Bayou Lynchburg Road
➢
West Road
➢
East Road
Description of Pipeline:
➢
North Main Street
The 20 -inch pipeline used to transport natural gas liquids, in
➢
➢
Barkaloo Road
Crosby Cedar Bayou Road
an existing pipeline corridor within both the city limits and the
➢
Sjolander Drive
ETJ, and transmission corridor, and an electrical corridor. The
➢
Railway Street
pipeline will include a maximum testing pressure of 2220
➢
Bayou Boulevard
PSIG, a normal operating pressure of 1400 PSI, and have
➢
Highway 146
minimum yield strength of 70,000 PSI. The carrier pipe has an
➢
➢
Wallace Road
Needlepoint Road
outside diameter of 30.000 inches and a wall thickness of
➢
Ashby Street
.0.618 inches. The will be API 5L X 70 DSAW pipe with a
➢
John A Street
MILS ARO coating, and MILS FBE Coating.
➢
Park Street
➢
Kilgore Parkway
This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the 11 `"
day of July 2013, 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 July 2013.
Jose A. Pastrana, P.E.
Director of Engineering
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