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Ordinance No. 8,275I ORDINANCE NO. 8275 AN ORDINANCE APPROVING THE APPLICATION OF UNITED BRINE PIPELINE COMPANY, L.L.C., FOR A NEW PIPELINE TO BE CONSTRUCTED WITHIN THE CITY OF BAYTOWN; ® 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, United Brine Pipeline Company, L.L.C., has submitted a pipeline application for a twelve -inch (12 ") pipeline, which will run from Texas Brine's Mont Belvieu Production Facility across Pinehurst Street, El Chaco Street and State Highway 146 to the Bayer Plant; 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 V of Chapter 34 of the Code of Ordinances of the City of Baytown, and based upon his examination of the applications and plans for the proposed pipeline, has issued a report to the City Council recommending granting permits for the twelve -inch (12 ") pipeline; and WHEREAS, the City Council has received such report and has determined that the application meets all applicable provisions of Article V, of Chapter 34 of the Code of Ordinances of the City of Baytown 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 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 twelve -inch (12 ") pipeline proposed by United Brine Pipeline Company, L.L.C. Section 2: 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 indemnity agreement corresponding to the twelve -inch (12 ") pipeline with United Brine Pipeline Company, L.L.C. Section 3: 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 14th day of May, 1998. /J,� t7 �� PETE C. ALFARO, Mayor AT'T'EST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: • 10114ACIORAMIREZ, SR. C* Attorney c: klh83\ OrdinanceslNewPipelinePermit .TexasBrinePipel ineCompany 0 Pipeline Permit Number: CITY OF BAYTOWN PIPELINE PERMIT Permittee's Name: United Brine Pipeline Company, L.L.C: Address: City: State: Zip: 4800 San Felipe Houston. Texas 77056 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: Texas Brine Company's Mont Belvieu Production Facility Pipeline Destination Point: Texas Brine Company's Baytown Evaporation Facility Affected Public Ways: Points Pipeline Crosses Public Ways: The points at which pipeline will run or cross any • Pinehurst Street Public Way are depicted in Exhibit "B," which is • El Chaco Street attached hereto and incorporated herein for all intents • State Highway 146 and purposes. Description of Pipeline: twelve -inch (12 ") pipeline which will transport a saturated sodium chloride solution 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 10 day of May, 1998, 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 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 1998. Permit, Page Solo � .� HOWARD WELLSPRING Director of Engineering and Inspections 0 LEGEND .... . ...... . .......... . WF r P Pco'ai,it Nunihcr: IND E JAJ NTITY AGREEMENT STATE OF TEXAS § C C0iL-,"''I ' OF HAS'PjS § For and in conside ;anon of the Ciry o[ BayZOwn issuing a permit in accordance «nth Chzoter "Emergency Manzgement and Preparedness," Articl 0 "H._,ardous Substances, Liquids and Gas Pipelines" of the Code of Ordinances of the City of BayT0V,n which consideration and sufficiency th_reoE is hereby acknowledged and received, United Brine Pipeline Company, LLC, a Texas limited liability company, },e,- e1 „a;,er "?-zrmittee hereo a� y Drees as follows: PERMITTEE AGREES TO AND SE.ALL 2NDEMN9.7Y, .HOLE ELAR -MESS AND DEFEND, TEE CITY, ITS OFFICERS, AGENTS ANI; ENEPLO� -EES, COLLECTIVELY REFERRED TO AS ..Crr -Y,' FRONT AND AGAINST ANY AND ALL CLAD, 'IS, LOSSES, DAMAGES, CAUSES OI ACTION, SUITS AND LIABILITY OF EVERY K.iND, 13''CLUDLNG ALL EXPENSES OF LMGATiO \, COU-RT COSTS, AND .ATTOR:YEYS' FEES FOR INJURY TO OR DEATE OF ANY PERSON, OR FOR DAMAGE TO ANY PROPERTY, AR.ISL�G OUT OF OR 2� CONNECTION WITH THE CONSTRUCTION, MACNTENANCE, OPERATION, REPAIR, REPLACEMENT, ADJUST-•IEN'T OR RE,110V.AL OF ANY PART OR ALL OF TEE PTELINE PER,'IITTED HEREIN, WHERE SUCP-I I,1'JURLES, DEATHS OR D.AINIAGES .AR.E CAUSED BY THE CONCURRENT NEGLIGENCC OF THE CITY AND PERMITTEI~ AND /OR BY THE JOINT OR SOLE NEGLIGENCE OF TAE PERMITTEE. IT IS THE E\PP,ESSED INTENTION OF THE PARTIES HERETO, BOTE PEI'MITTEE AND TOE CITY, TEL-',T THE INDEMNITY PROVIDED FOR IN THIS PAR.A•GR.APB IS AN INDEMNITZ' BY PERN-IITTEE TO I.tiDEMNIn', PROTECT .AND DEFEND THE CM' FR0,N1 TEE CONSEQUENCES OF (I) TEE CITY'S 0"'N' NEGLIGENCE, WRERE TEAT NEGLIGENCE AND PERMITTEE'S NEGLIGENCE ARE CONCURRING CAUSES OF THE INJURY, DEATH OR DAMAGE; AND /OR (n) PERMITTEE'S JOINT AND SOLE NEGLIGENCE. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN' THIS PARAGRAPH SHALL HAVE NO APPLICATION TO ANY CLAPtk1, LOSS, DA.-IAGG CAUSE OF ACTION-, SLIT AND LIABILITY WHERE TIME 11JiJR1', DEATH OR DAMAGE RESULTS FROM THE SOLE N'EGLIGEN'CE Of THE CITY U,INNJIXEI) WITH THE FAULT OF.ANY OTHER P'ERS01 Ott ENTITY. 0 P:Igc I • Permit iNumber: Failure of either party hereto to insist on the strict performance of a.tty of the above - referenced ordinance requirements or of the indemnity contained hereinabove or to exercise any ri,hts or remedies aecruV":g tht.-cunder upon dc`i,_!'.: or sinaii not Dz: cons{de't0 a wai 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 mal:ino and the place of performance for all purposes shall be Baytown, Harris County, Texas. All pa{-ties agree that should any provision of this .agreement be determined to be invalid or unenforceable, such determination shall not a<iect any other term of this .Agreement, i,vhich 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 U° — day of Aril 199 8 PER.MITTEE In 'lawalli:i:itf�igiiti�Ill��"LOAL n y . Signature of Audioriztd OrTicer LLC Company Narric Robert A. Baker Printed Name President Pcr•mit \'urnber: CITY OF BAYTOWN BOBBY ROUNTREE, City Manager ATTEST: EILEEN P. HALL, City Clerk STATE OF TEXAS § COUNTY OF HAR-R.IS § Before me on this day personally appeared - Robert A. Baker his/her capacity as President to oI United Brine Pipeline Company, LLC on behalf of such corporation, Down to me to be the person whose name is subscribed to the foregoing instrument and zc1mo� {rledged to me that he executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SNVORN bet "ore me this dzy o. Aril 1998. l r �ti11111ti11. � `titi ti . 1. � � �1`ti f e;V;lt124LIIt�TL 71c) -nI Vnttl'er:niuee htd�•nlnity.rl� eanrcnt In nuli. qrr m !l,P:iS c3