Ordinance No. 14,118ORDINANCE NO. 14,118
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO EXXONMOBIL PIPELINE
COMPANY TO INSTALL A NEW 24-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 24-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 11 th day of July, 2019.
AT EST:
L .TICIA BRYSCH, City erk
APPROVED AS TO FORM:
Ct&NACIO RAMIREZ, SR., Ci (y Attorney
R: Karen Files City Council Ordinances\2019 July 1 I NewPipelinePennit2ExxonMobilPipelineCompany.doc
Exhibit "A"
Pipeline Permit Number: P-19-03
CITY OF BAYTOWN
PIPELINE PERMIT
Pennittee's Name:
ExxonMobil Refining and Supply Company
Address:
City:
State:
zip:
22777 Springwoods Village
Baytown
Texas
77520
Pkwy
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:
North Burnett
feline Destination Point:
West Baker Road
Affected Public Ways:
Points Pipeline Crosses Public Ways:
➢ North Burnett Drive
The points at which the pipeline will run or cross any
➢ Post Oak Drive
Public Way are depicted in Exhibit "B," which is attached
➢ Pin Oak Street
hereto and incorporated herein for all intents and purposes.
➢ Red Bud Lane
➢ Caldwell Street
Description of Pi en line:
➢ Lazy Lane
The 24-inch pipeline used to transport sizing diesel and/or
➢ Tanglewood Street
sizing gasoline. The pipeline will include a maximum
➢ Honeysuckle Drive
operating pressure of 1440 PSI, a minimum test pressure
➢ Timberlane
of 1440 PSI, and have minimum yield strength of 50,000
➢ Wildrose Street
PSI. The carrier pipe has an outside diameter of 24.000
➢ Meador Lane
inches and a wall thickness of 0.0.500 inches. The will be
➢ Bayway Drive
API 5L X 60 ERW pipe with a MLS fusion bond epoxy
➢ West Baker Road
coating under the roads.
This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the 1 I'h
day of July 27, 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 July 2019.
Ajay Shakyaver, P.E.
Interim Director of Engineering
F: Karen Files Emergency Management Pipeline Regulatory Forms lnvistaPipelinePertnit.doc
Permit Number: _, —1 -0
PIPELINE APPLICATION
Company Name:
Principal Contact for Submittal Information:
ExxonMobil Pipeline Company
Nic Bethany
Address:
TideofPrincipal Contact:
22777 S rin woods Village Pkwy
Permit Agent
City. Spring Stater
Principal Contact's Phone Number.
Principal Contact's Facsimile Number.
601-672-9376
Company's Phone Number.
601-672-9376
Facsimile Number.
F�s
Twenty -Four Hour Emergency Contact:
Nic Bethany
PersonSubmittin Application:
Title of Twenty -Four Hour Emergency Contact:
Nic BetEany
Permit Agent
Title of Person Submitting Application:
Emergency Contact's Phone Number.
Emergency Contact's Facsimile Number.
Permit Agent
601-672-9376
Applicant's Phone Number.
Applicant's Facsimile Number.
601-672-9376
Origin Point:
North Burnett
Destination Point:
West Baker
Maximum Allowable Operating Pressure: Normal Operating Pressure: I
1440 PSI
Maximum Allowable Temperature (if applicable):
N/A
Design Strength for Unregulated Pipelines:
N/A
• Attach a description of the substance(s) to be transported and include any applicable Material Safety Data Sheets.
° Attach engineering plans, drawings and/or maps with summarized specifications showing the horizontal pipeline location, pipeline covering
depths, and location of shutoff valves. (To the extent that information can be reasonably obtained, drawings must show the location of other
pipelines and utilities which will be crossed or paralleled within five feet (S')).
• Attach a description of the consideration given to API, ANSI an all other applicable public safety standards and the avoidance of existing
inhabited structures and congregated areas.
• Attach a summary description of the time, location, manner, means and methods of the proposed construction, including, but not limited to.
the following:
(`) detailed cross tceo dmatprrofile drawings for all pdublic way crossings if requested by the director or emergency management and
prepare(n) p�plaeQane sialf�e�aQus�ng ttie atfac�ie�map; an
alignment of the proposed pipeline and all public ways in which the proposed
the design criteria as it applies to existing infrastructure, under which the pipeline will be constructed.
• Identify each pipeline as regulated under interstate or intrastate safety rules/regulations. (Where a pipeline is unregulated as to either or both
intrastate or interstate safety ruleslregulations, please specify and identify (a) the exculpatory rules or regulations governing the pipeline and
(b) the operating conditions of the pipeline, which give rise to such unregulated status).
I, as die applicant herein. acting in my capacity forthe above -referenced company, hereby avow that the pipeline for which this application is
made will comply with die applicable standards required by Article V of Chapter 34 of the Code of Ordinances of the City of Baytown, Texas as well
asall applicable federal, state and local laws and regulations.
PermitNumber: I i3
INDEN LAITY AGREEMENT
STATEOFTEXAS
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,
ExxonMobil Pipeline Company 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 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 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 (I) THE CITY'S OWN NEGLIGENCE, WHERE
THAT NEGLIGENCE AND PERMITTEE'S NEGLIGENCE ARE
CONCURRING CAUSES OF THE INJURY, DEATH OR DAMAGE;
AND/OR (I1) 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 DAMAGE RESULTS FROM THE SOLE
NEGLIGENCE OF THE CITY UNMIXED WITH THE FAULT OF ANY
OTHER PERSON OR ENTITY.
Indemnity Agreement Page I
Permit Number. I Cl
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 this_`.,= -_day of `-;,��r.. 20
--
PERMIITEE
ExxonMobil Pipeline Company
Company Name
Signature of Authorized Officer
MA ITk-t l^s Q
Printed Name
Title
Indemnity Agreement, Page 2
Applicanes Signature ,
The Director of Engineering and Inspections has the right to require the submission of additional information.
R thpchau [] /�
ATTEST_
LETICIA BRYSC}f, ChY Cleric
TATEOFTEXAS §
OUNTY OF HARRIS §
RIC HARD L. DAVIS, City Manager
Before me,
appeared w the undersigned notary public, on this day
in his/her capacity as ,
_ 1�'�f �fiJedESr.
/ on behalf of such corporation
t! 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 governor
state government that contains the photograph and signature of the acknowtedgint
(Check one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me t
executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this
o+� DAVID W. SINCL4IR
My Notary ID # 1461798
Expires August 6, 2020
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PROPOSED 24" 120"
7X-25B PIPELINE
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