Ordinance No. 14,136ORDINANCE NO. 14,136
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO FLST LLC, D/BiA LAVACA
LST PIPELINE LLC, TO INSTALL A NEW 16-INCH GASOLINE PIPELINE;
ESTABLISHING THE AMOUNT OF THE BOND; AUTliORIZING 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, FLST LLC, d/b/a Lavaca LST Pipeline LLC, has submitted a pipeline
application to install a new 16-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 FLST LLC, d/b/a Lavaca LST Pipeline 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 FLST LLC, d/b/a Lavaca
LST Pipeline LLC, 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 FLST LLC, d/b/a Lavaca LST
Pipeline LLC, 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 81h day of August, 2019.
ATTEST:
LEtICIA BRYSCH, CiV Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., C' Attorney
yor
BRANDON CAPETILL
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R:IKarenTilmCity Council Ordinances\2019Wugust 8 NewPipelinePennit2FLSTLLCdbaLavacaLSTPipelineLLC.doc
Pipeline Permit Number: P-19-04
CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
FLST LLC dlb/a Lavaca LST Pipeline LLC
Address:
City:
State:
Zip:
1300 Main Street
Houston
Texas
77002
Reason for permit:
X New Pipeline
0 Adjustment, relocation, replacement, movement of an existing pipeline to a position greater than fifty (50)
feet from its original position
Pipeline Origin Point:
Lone Star — Mont Belvieu, Tx
Affected Public Ways:
➢ John A Street
➢ Ashby Street
➢ West Baker Road
➢ Wade Road
➢ Gwenn Lane
➢ W. Cedar Bayou Lynchburg
➢ John Martin
Pipeline Destination Point:
Baytown
Points Pipeline Crosses Public Ways:
The points at which the pipeline will run or cross any
Public Way are depicted in Exhibit "B," which is attached
hereto and incorporated herein for all intents and purposes.
Description of Pipeline:
The 16-inch pipeline used to transport petroleum products,
including Acetylene, in an existing pipeline corridor within
both the city limits and the ETJ. The pipeline will include a
maximum operating pressure of 2,160 PSI, a minimum test
pressure of 2,700 PSI, and have minimum yield strength of
70,000 PSI. The carrier pipe has an outside diameter of
16 -inches and a wall thickness of 0.500 inches. The pipe
will include 14 -16 mils fusion bond epoxy coating and be
API 5L X 70 ERIN type.
This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the 8th
day of August, 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 August 2019.
Ajay Shakyaver, P.E.
City Engineer
F:VCaren\Files Emergency Management\Pipeline Regulatory Forms InvistaPipelinePermit.doc
Exhibit "A"
PIPELINE APPLICATION
Company Nerve: F L S T t_ Q e
L.(A✓cICA LST PI e)-ne (o"pc,n� l_.LC
Addass:
I$6o iMo_t r\ .Sl r ef`t
Cite t 10 5 fG to sT:
Company's Phone Number. Company's Facsimile Number:
i. — III
Person Submitting Application
itAA o yi a � )(f 1 V-<, c {n
Title of Pam Submitting Application:
�Pf min � P
Applicant's Phone Number. Applicant's ode Number.
f12a. t rha_t — 7"'Al. A11rn
Origin Point:
Loaf S +-Or : Went $
Maxirman Allowable Operating Pressure: n l r_ ,1 f
Maximum Allowable Temperature (if applicable)
N IA
Principal Contact forsubmind btfomha6un:
Rtr K H0,Ple,
Tide of Principal Contact:
Permit No.
19-04
fyl cr. /
itPrincipal Contact's Phone Number. Principal Coaum's Facsimile Number.
-
Twenty -Four Hour Emergency Contact:
Title of Twenry•Four Hour Etttagsnuy Contact
1 U i 0 ri I ri ft
Emergency Contact's Phone Number. Emergency Contact's FaAft Number.
V 1- '631- -74-73
Destination Point:
Normal Operating Pressure: / a I (O O e S r
Design Strength for Unregulated Pipelines:
. 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 or other
pipelines and utilities which will be crossed or paralleled within rive feet (51).
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, Includin& but not limited to,
the folrowing:
(i) dperetatp � �seyyct$i� W file drawings for all public way crossings if requested by the director or emergency management and
(ii) phpellnIan e ebeltt d tus rig the alocati d , c p, end d alignment of the proposed pipeline and all public ways in which the proposed
(ift) 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 rules/regulallons. 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 the applicant herein, acting in my capacity for the above-referenoed company, hereby avow that the pipeline for which this application is
made will comply with the applicable standards required by Article v of chapter 34 or the Code of ordinances of the City of Baytown, Texas as well
as all applicable rederal, state and local laws and regulations.
Applicant's S
The Director of Engineering and Inspections has the right to require the submission of additional Infomtation.
RApdmn
1
Exhibit "B"
Permit Number:
INDEMNITY AGREEMENT
STATE OF TEXAS
COUNTY OF IIARRIS
For and in consideration of the City of Baytown issuing a permit in accordance with Chapter 34
"Environment," Article V "I lazardous Substances, Liquids and Gas Pipelines" of the Code of Ordinances of the
City of Baytown, which consideration and AYjciency thereof is hereby acknowledged and received,
l_5T �—�� n h Soh SS SSLgUqCCi�s,Ta cor ti�n°M1ii�io ize4 io do business in the State of Texas,
hereinatir "Permittee," hereby agrees as follows:
PERMITTEE AGREES TO AND SHALL INDEMNIFY, HOLD
HARMLESS AND DEFEND, THE CITY, ITS OFFICERS, AGENTS ANp
EMPLOYEES, COLLECTIVELY REFERRED TO AS "CITY," FROM
AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES
OF ACTION, SUITS AND LIABILITY OF EVERY HIND, 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 PERMITTEF 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
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
Perrnit Number:
19-04
Failure of either party hereto to insist on the strict performance of any of the above -referenced
ordinance requirements of 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.
Phis 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 purpose-, 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 04day of _ _ 200
PERMITTEE
t= L5T L.L C cLoin) bVS; ne55 RS
L.ciV,j A LST fipPl.ne �6Mrgry LLC
company Name
I ire f Auth zed Off er
✓
Printed Name
Title
Indemnit� A reement, Page 2
Vroe PrOsIdent, Lend and FUght of Way
Permit Number:
19-04
CITY Or BAYTOWN
RICHARD L. DAVIS, City Manager
ATTEST:
L,ETICIA BRYSCH, City Clerk
STATE OF TEXAS
COUN I'Y OI HARRIS
Be re me, U(Le- -� 6 ,the undersigned notary public, on this day personally
appeared in his/her capacity asp_• L Pe7O of
A4 n°T as LaUad L , on behalf of such corporation
PA It rt
known to me;
proved to me on the oath of or
T 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 _La�_ clay of�_ _ , 200f)
�K 4�� 66--t, --
try Public in a r the State of Texas
c\kIh24%emcrgencymgmlll'enrnitcelndernnity.Agrccmnt
t HURIE J BRITON
Indemnity Agreement, Page 3 Notary puhhc, State or Texas
comm. Expirne I0.06 a0113
NotarY ID 174905
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