Ordinance No. 14,244ORDINANCE NO. 14,244
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN AMENDMENT TO
THE TREE PLANTING AGREEMENT WITH EXXON MOBIL
CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes
and directs the City Manager and City Clerk of the City of Baytown to execute and attest to an
Amendment to the Tree Planting Agreement with Exxon Mobil Corporation. A copy of said
amendment is attached hereto, marked Exhibit "A" and incorporated herein for all intents and
purposes.
Section 2: 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 241h day of October, 2019.
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., C' Attorney
B NDON CAPETILLO, Nfayor
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Exhibit "A"
CITY OF BAYTOWN
BMTOM PARKS AND RECREATION DEPARTMENT 2407 Market Street • P.O. Box 424
Baytown, Texas 77522-0424
(281) 420.6597 • (281) 420-6586 Rax
October 11, 2019
Exxon Mobil Corporation
Attn: Ms. Mary Kate Lightfoot
5000 Bayway Drive
Baytown, TX 77520
Re: Amendment to the Tree Planting Agreement dated August 13, 2018
Dear Ms. Lightfoot:
This letter serves as an Amendment (the "Amendment") to the Tree Planting Agreement dated
August 13, 2018 (the "Agreement"), whereby, for good and valuable consideration, which are hereby
acknowledged and confessed by both Exxon Mobil Corporation ("ExxonMobil") and the City of Baytown
(the "City"), ExxonMobil and the City agree as follows:
the City shall:
a. obtain from a contractor a one-year warranty, rather than a two-year warranty;
b. make quarterly inspections of the trees planted pursuant to the Agreement, starting
after the one-year warranty expires, for a period of one year;
c. make a summary report of the observations noted during the quarterly inspections;
d. provide the summary report to ExxonMobil; and
e. plant replacement trees after receipt of funds from ExxonMobil for such purpose.
2. ExxonMobil shall self -insure the second year of the warranty period by providing money
for trees that need to be replaced pursuant to the quarterly report provided by the City of
Baytown. Such money shall be forwarded to the City of Baytown within thirty (30) days
of ExxonMobil's receipt of a report indicating replacement tree(s) are necessary.
To this end, Exhibit "A" of the Agreement is hereby amended and is attached hereto and incorporated
herein for all intents and purposes.
The provisions of this Amendment and the Agreement should be read together and construed as
one agreement; provided that, in the event of any conflict or inconsistency between the provisions of this
Amendment and the provisions of the Agreement, the provisions of this Amendment shall control.
Should the above -referenced terms and conditions be acceptable to you, please execute this
Amendment and return the same to my attention at the above -referenced address. Should you have any
questions or if I may be of any assistance, please do not hesitate to contact me. Thank you for your
assistance in this matter.
Sinc 4rely,Scott
Director of Parks and Recreation
Amendment to the Tree Planing Agreement
October 11, 2019
Page 2
AGREED:
Exxon Mobil Corporation, Inc.
By: /M I _ �y
,0'� LI 4 t] 0` (Date)
Printed Name
j ChCrn i ckTtknk. 5 +e- � a o-yr
Title
AGREED:
City of Baytown
By:
RICHARD L. DAVIS, City Manager (Date)
llcobfsOl Nega6karemnicy,.Contracts',Exxon Tree Planting AgreemenAAmendment doe
DIANA K. HESSLER
,:%Notary Public, State of Texas
Comm. Expires 12-06-2020
Notary ID 129225765
Exhibit A
Baytown Area Phyto-Pollution Reduction SEP.
Purpose:
The purpose of the Baytown Area Phyto-Pollution Reduction SEP is to improve air
quality and achieve other environmental benefits through the planting of trees in areas in the
City of Baytown, Texas. Approximately 50% of the total number of trees to be planted will be
planted within a 1-mile radius of ExxonMobil's Baytown Facilities. The remaining trees will be
planted within a 4-mile radius of ExxonMobil's Baytown Facilities. All locations where trees
will be planted are depicted in the attached map ("Legend for Tree Locations"). The
environmental benefits are expected to include, among others, the reduction of ozone, nitrogen
dioxide, sulfur dioxide, and particulates, as well as the generation of oxygen, resulting in
improved air quality; and the reduction of carbon dioxide, a greenhouse gas. Trees planted near
high -traffic roadways also act as vegetative buffers which reduce the transport of particulate
emissions from roadway traffic. Roadside vegetation has been shown to reduce a population's
exposure to air pollution through the interception of airborne particles and through the uptake of
gaseous air pollution via leaf stomata, in addition to affecting pollutant transport and dispersion.
The Baytown Area Phyto-Pollution Reduction SEP is expected to supplement the
number of trees which would normally be planted in the communities near the Baytown
Facilities by the City of Baytown using its own funds. Thus, the City of Baytown will not
reduce the amount of its own funds expended for tree planting in the SEP-designated areas as a
result of these funds.
Scope.
The City of Baytown (the "City") will plant approximately 1,458 trees in designated
areas in Baytown as defined below. The trees will be placed in existing wells in sidewalk
locations or new ones will be created. The trees will be one of the species on the following
Table of Acceptable Tree Species, all of which have been pre- approved by the Director of the
Baytown Parks and Recreation Department (the "Director"). The trees will be at least 2.5
caliper and at least 8 feet in height at the time of planting, unless the Director approves a smaller
size. The City will also ensure that trees planted under the Baytown Area Phyto-Pollution
Reduction SEP are covered by a warranty of one year. ExxonMobil will provide the warranty for
one year commencing after the end of the first warranty. The City will ensure that the trees are
inspected throughout both warranty periods on at least a quarterly basis, commencing on the
warranty start date. If, based upon the inspection, a tree planted pursuant to this Agreement is
found to be in need of replacement, as determined in the sole discretion of the City's Parks and
Recreation Director, the City shall notify in writing:
1. its contractor, if during the first warranty period, of the need to replace the tree and
require replacement within thirty (30) days of such notification; or
2. ExxonMobil, if during the second warranty period, of the need to replace the tree.
Within thirty (30) days of such notification, ExxonMobil shall pay the City the cost
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of the replacement and planting of a new tree. Thereafter, the City shall purchase and
replace the tree.
At its own election or at the request of the Director, ExxonMobil may submit a request for
EPA's review and approval that proposes other tree species that may be used to fulfill the
requirements of this SEP in addition to those listed in the Table of Acceptable Tree Species.
Any additional tree species proposed must meet the same specifications listed in this SEP, and
ExxonMobil must submit data quantifying potential VOC emissions from the proposed species.
EPA's decision to approve or deny ExxonMobil's request will not be subject to judicial review.
In implementing the Baytown Area Phyto-Pollution Reduction SEP, ExxonMobil will
spend approximately $1,000,000 in SEP Eligible Costs. SEP Eligible Costs shall only include
the costs of acquiring the trees, planting trees, and work directly related to such planting (such
as sidewalk preparation, soil preparation, staking, etc.). SEP Eligible Costs shall not include
any administrative costs incurred by the City of Baytown or others in connection with the SEP
or otherwise.
Project Schedule:
The Baytown Area Phyto-Pollution Reduction SEP will be implemented in five (5)
phases:
• Phase 1: Approximately 292 trees shall be planted during the fall of 2018.
• Phase 2: Approximately 292 trees shall be planted during the spring of 2019.
• Phase 3: Approximately 292 trees shall be planted during the fall of 2019.
• Phase 4: Approximately 291 trees shall be planted during the spring of 2020.
• Phase 5: Approximately 291 trees shall be planted during the fall of 2020.
The phasing set forth above may be revised by mutual, written agreement of
ExxonMobil and the EPA to account for the availability of trees and other factors, as long as
the entire amount of approximately 1,458 trees is planted by December 31, 2020. The timing
of any of the phases may also be revised by mutual, written agreement to allow for the trees to
be planted under the best weather conditions possible.
Payment Schedule:
Upon receipt of a completed W-9 from the City, ExxonMobil will pay the City -five (5)
installments of Two Hundred Thousand Dollars ($200,000.00) according to the following
schedule:
• Payment 1: $200,000 within 45 days of execution of the Agreement to be used for Phase 1
• Payment 2: $200,000 on or before February 15, 2019 to be used for Phase 2
• Payment 3: $200,000 on or before August 15, 2019 to be used for Phase 3
• Payment 4: $200,000 on or before February 15, 2020 to be used for Phase 4
• Payment 5: $200,000 on or before August 15, 2020 to be used for Phase 5
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SEP Reports:
As part of a Semi -Annual Report required by Section X of the Consent Decree
(Reporting Requirements), until this SEP is completed, ExxonMobil must submit to EPA a
report that identifies the locations of the trees planted, the species of trees planted, and an
itemization of the SEP Eligible Costs incurred since the last report submitted by ExxonMobil.
In addition, each report shall explain any problems encountered in performing the SEP and any
proposed solutions.
As part of the first Semi -Annual Report due after the Phase 5 planting is completed,
ExxonMobil shall include a completion report for the Baytown Area Phyto-Pollution Reduction
SEP that: i) identifies the locations of all of the trees planted, ii) identifies the species of all of
the trees planted, iii) includes an itemized listing of all SEP Eligible Costs expended (including
backup documentation), iv) identifies any trees that need to be replaced during the warranty
period as of the date of the report, and v) estimates the environmental benefits achieved as a
result of the Baytown Area Phyto-Pollution Reduction SEP. EPA may, in its sole discretion,
require information in addition to that described above reasonably necessary to determine the
adequacy of project completion or the eligibility of SEP Eligible Costs expended; and
ExxonMobil shall provide such information.
To facilitate ExxonMobil's reporting obligations under the Consent Decree, as described
above, on December 31 and June 30 of each year, the City will provide to ExxonMobil a report
that identifies the locations of the trees planted, the species of trees planted, and an itemization
of the SEP Eligible Costs (including backup documentation) incurred since the last update and
identifies any trees that need to be replaced during the warranty period as of the date of the
report.
Project PlantingDetails:
A. The trees will be planted in nine (9) primary areas around Baytown, Texas, as
described below. The City has chosen these locations for tree plantings in an effort
to maximize their environmental and public health benefits:
1. Along major thoroughfares lacking in tree cover:
a. That are key entries to the City:
i. Spur 330 & 1-10,
ii. SH 146 to Main, and
iii. SH 146 Business to South Alexander Drive;
b. Areas along Spur 330 near ExxonMobil's Baytown Facilities.
2. At various City parks, at entrances with little or no trees.
Page 3 of 5
3. Within large City parks, along park roads which have little or no trees to
create shaded corridors.
4. In and around park parking lots to reduce the heat island effect.
5. Along jogging and walking trails within City parks.
6. Along the Goose Creek Trail System where trees can be planted and are
currently unavailable to provide shade.
7. At existing picnic areas where shade shelters do not provide adequate
shade.
8. At key locations within parks which need screening or shade.
9. During each seasonal planting, a percentage of trees from 5% to 10% will
be reserved for locations within parks where new projects are taking place
which were unforeseen or unexpected at the time this proposal was
created.
B. The current estimate is to plant 1,458 trees sized in the following manner within
the areas listed immediately above. The percentages were worked out in order to
try to balance the number of each size of tree to be planted:
• 30 gallon: 16%
• 45 gallon: 23%
• 65 gallon: 27%
• 100 gallon: 34%
C. Species of trees to be planted conform to the City's usual list of trees selected for
mass plantings during past efforts to green park and public areas or to provide
perimeter buffers at new parks. The actual numbers of each species to be planted
will be determined by the sites chosen and based on the varieties of trees already
existing within the parks or other facilities or the varieties needed for
environmental balance as well as a balance between evergreen and deciduous
species.
List of Acceptable Tree Species
Common Name
Scientific Name
River Birch
Betula
nigra
Cedar Elm
Ulmus
crassifolia
Drummond Red Maple
Acer
rubrum
var dummondii
Red Maple
Acer
rubrum
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List of Acceptable Tree Species
Common Name
Scientific Name
Basham Crape Myrtle
Lagerstroemia
indica
'Barham'
Eastern Redbud
Cercis
canadensis
Eastern Redbud
Cercis
canadensis
'Forest Pansy
Little Gem Magnolia
Magnolia
grandiflora
'Little Gem'
Sweetbay Magnolia
Magnolia
virginiana
Bald Cypress
Taxodium
distichum
Pecan
Carya
illinoinensis
Pride of Houston
Yaupon Holly
Ilex
vomitoria
Possumhaw Holly
Ilex
decidua
Possumhaw viburnum
Viburnum
nudum
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