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Ordinance No. 8,106971009 -7 ORDINANCE NO. 8106 AN ORDINANCE APPROVING THE APPLICATIONS OF ARCO PIPE LINE FOR TWO NEW PIPELINES; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING AND INSPECTIONS TO ISSUE PERMITS THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, Arco Pipe Line Company has submitted pipeline applications for a four inch (4 ") pipeline and an eighteen inch (18 ") pipeline, both of which will run from Tabbs Bay across Evergreen Road, Tri- Cities Beach Road, and Cedar Bayou to the Bayer facility; and WHEREAS, the Director of Engineering and Inspections, based upon the assessment of the Director of Planning and Community Development, the Fire Chief, the Director of Public Works, and the Emergency Management and Preparedness Coordinator as to compliance with Article 11 of Chapter 1 PA of the Code of Ordinances of the City of Baytown, and based upon his examination of the applications and plans for the proposed pipelines, has issued a report to the City Council recommending granting permits for both the four inch (4 ") and eighteen inch (18 ") pipelines; and WHEREAS, the City Council has received such report and has determined that the application meets all applicable provisions of Article 11, of Chapter 1 1'/4 of the Code of Ordinances of the City of Baytown as we] I as al I federal and state regulations; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown hereby authorizes and directs the Director of Engineering and Inspections to execute the Pipeline Permit, which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes, for the four inch (4 ") pipeline proposed by Arco Pipe Line Company. Section 2: That the City Council of the City of Baytown hereby authorizes and directs the Director of Engineering and Inspections to execute the Pipeline Permit, which is attached hereto as Exhibit "B" and incorporated herein for all intents and purposes, for the eighteen inch (18 ") pipeline proposed by Arco Pipe Line Company. Section 3: That the City Council of the City of Baytown hereby authorizes and directs the City Manager and the City Clerk to execute and attest to the corresponding indemnity agreements for the four inch (4 ") and eighteen inch (18 ") pipelines with Arco Pipe line Company. 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 9th day of October, 1997. r•` PETE C. ALFARO, Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR., Attorney c:k1h60\ Ordinances \NewPipeline Perm it. ArcoPipeLinc • • Pipeline Permit Number: CITY OF BAYTOWN PIPELINE PERMIT Permittee's Name: Arco Pipe Line Company Address: City: State: Zip: 15600 JFK Boulevard, Suite 300 Houston Texas 77032 Reason for permit: ❑ 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: Tabbs Bay and Evergreen Road Pipeline Destination Point: Bayer Refinery Affected Public Ways: Points Pipeline Crosses Public Ways: The points at which pipeline will run or cross in any Public Way are depicted in Exhibit "B," which is • Evergreen Road attached hereto and incorporated herein for all intents • Tri- Cities Beach Road and purposes. • Tabbs Bay Description of Pipeline: • Cedar Bayou Eighteen inch (18 ") pipeline which will transport anhydrous hydrogen chloride as described in Permittee's application which is made a part hereof for all intents and purposes by this reference. This Pipeline Permit, issued by the Director of Engineering and Inspections after having been approved by the City Council on the 9`h day of October, 1997, 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 and Inspections. 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 II of Chapter 11'/4 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 1 PA -28 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 1997. c:k1h6MEmergcncy Managementll'ipeline Regulatory Forms\NcwPipclinc.Pcmiit EXHIBR B Permit, Page Solo HOWARD WELLSPRING Director of Engineering and Inspections Pcrrtri[ t1'urrlbcr: fNDEi� -1 N ITY AGREENTENT ST..►L0 F TEX 5 C0�-iti� OF - zd yr =rte_ lcY ly1`.- ,2c :.-n °_:l[ ^ p�rr:•:l! !.l accord.zic_ �- L-ld Pr_0zr,"- ��ss,' _ FT! rl llLl� L:. LO S,a CtS. L QL"C!s Z�d G is hercoy acam) Cady o� 0„n��ces o� ti. Ci; jai :+Z:rio:L s l- lawlcd d w .4 nice carsider2[ion 2�d 5a,�lcianc: ' S= z.d r_c_ly- ARCO Pipe Line Company ' -or do Siai PCrntit Nurn(rCr: 0 Failure of chcr t; L{ Daf, hereto EO I 15 On it iii Dt" ,,,c` ordinance require e-tts e = si :a. OFan, - m or of h rude Inlay or t e above -re._� mced rt,m, tdles 20c� nr c0i1i2!i rl�r�:i-200vt ' -[ [ E. ^.t:. t�•!t: ❑7C:::'er�..r. C_ :�;i Or Ea O:itr�[St 2iw :It:niS of Di the r[QiZt 10 insist : _ t J` �� iu: ' C 5ioall f'Ot bt conslC:: , ,l an and to c,forct nv an := Obligation htrtund °r rtnn• -,•Y, strict cornplia,nct LL•itit z- : oth,; or to exercise any rlchi or rt +-n_dy : rr L failure of performance• occ as a rtsuft of any n tur. ee7z. !r or This Aarttiil ent s;2!1 in 2!! respc :s bt ant_- p;t:td and consiru -d in zccord2nc� «•it,I an governed by the laws of the State o► Tcxas rt��r - _ - The !ace 3- ditss of th_ D!2ce of its execution or Dt; for mane-. p of n2�ing a-td the pl2ct of otrorrnz:,ce for I! PL 'I z.. PL'IPosts si211 bt Sz..�ot':n H1 - -;; r�,•- =L!I G2.,;:S 2�,'t, t;.zt s;�o!'Ir zr -D. untni0rct20ft such dtte:jillil2i10n rr atl;i0.i Oi :.:5 �?rt` i_.li Ot C�tttr'1!nt� i0 Ot !i,':2!Id or zr:tct ZT; other ttr,m 0E this grt' -,"nt lt, w continua in n:[l farce and tiicci. h'ch Snall Tht o�3lctrs executing i orlctrs hav= full th s �;rtc,-lcnt on bt _!i Of tht oa:,Ics her • - 2uthorit io tt -- tars tbY r- present ;,nit such Y L-cuit s rc_-� z '; -it nd to bind the pz„y htJsh� rtprtsznE;. SIGa±ftD this y of l 4411, PcR :�I(TTEE ARCO Pine Line Companv Co:�p2nv i`Iz.:.= P r 2 -Lure of .�u�7Onzcd O��ICer Pamela w. Allen Pri t;_d varrtz-- Attorney--in -fact '' -In ire °!n -n . P•r,� i • ^.TTEST: Ea.EEN P. J4 rL, City CI rc STATE OF TEX =.5 CO U_N Y T O, � = ti... S 3 PCt'[Illt tNuMbcr: CITY OF BAYTOWN LOBBY ROUNTnEE Ci;y X-fan2b_r EV01-: rn_ [tin :liis d2y �r _ = :5J7_Iy apo =d Pamela W. Allev hisl'n -r caoaci,y u Attoznev -in -fact of ARCO Pi e to on behalf oi•such OF fzjov.� to Mc to o- �• Line Conoanv '&'.strum-, t uy�05� panic is Su55cr10cd1to tht for -,^ ' 7{ 2r1d 2Cn- 10:vI�Cfn -'j i0 r7!_ i :?i f ° CX= +.r �Oi l� = xpr =ss_d - 1' `h- sam= for the o -' lases Zrld conside:zcion SU3SC:' 'L: -� =O � `'`0 S ?'Qty° J_:Or_ ;,� ��• - {� �. �iJA ES CiA; -RC _T. t C/llrflllr� �_ •'1 /ll, rf �l1111J�J' rtt,+�tt�tt� 2"' O I TY'+iJ 199 -7, o �otzry Puo[ic in z-�d ror tic State oi'TcxzS E Y7 E ti ' L i �. . . . (y =131 � _ - _ � . ' •� - 1'` � 4J \\ r° � 03 \; _ I � �+o^' T7 HIBIT ar s I d + s ` !'