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Ordinance No. 8,713990928 -1 ORDINANCE NO. 8713 AN ORDINANCE APPROVING THE APPLICATION OF EXXON CHEMICAL COMPANY ® FOR ONE 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, Exxon Chemical Company ( "Exxon Chemical "), has submitted one pipeline application for a six-inch pipeline (the "Pipeline ") to carry nitrogen, originating at the Exxon Chemical Plant facility and entering the City of Baytown city limits at Bayway Drive and West Road and terminating at Exxon's Bayway Metering Station; 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 Pipeline, has issued a report to the City Council recommending granting the permit for the Pipeline; and WHEREAS, the City Council has received such report and has determined that, based upon the representations of Exxon Chemical, the application meets all applicable provisions of Article V of Chapter 34 of the Code of Ordinances of the City of Bayto n 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 Pipeline proposed by Exxon Chemical Company. 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 with Exxon Chemical Company, corresponding to the Pipeline. 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 28' day of September, 1999. �� ( � PE E C. ALFARO, Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, EE, ity Attorney c:\MyDocuments\ Council \meetings\September\NewPipel inePermitExxonChemical.doc Pipeline Permit Number: CITY OF BAYTOWN PIPELINE PERMIT Permittee's' Name:. Exxon Chemical Company_ Address.. Ctty.:... State Ztp. 5000 Bayway Drive Baytown Texas 77520 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: Exxon Chemical's Baytown Facility Pipeline Destination Point: Exxon's Bayway Metering Station Affected Public Ways: Points Pipeline Crosses Public Ways: The points at which pipeline will run or cross any • Bayway Drive Public Way are depicted in Exhibit `B," which is • West Street attached hereto and incorporated herein for all intents and purposes. Description of Pipeline: 6 -inch pipeline which will transport nitrogen 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 28`b day of September, 1999, 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 1999. 0 C:\MyDocumentsTipeline Permits \6InchNitrogenExxonChemical. doe EXHIBIT A Permit, Page Solo HOWARD WELLSPRING Director of Engineering and Inspections 0 INDEMNITY AGREEMENT STATE OF TEXAS § 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, Exxon Chemical 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 ATTORNEY'S 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 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 (II) 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. 0 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 Permit Number: 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 '1999. PERMITTEE EXXON CHEMICAL COMPANY Company Name Signature of Authorized Officer Printed Name Title PA ATTEST: EILEEN P. HALL, City Clerk STATE OF TEXAS § COUNTY OF HARRIS § Before me, appeared of Permit Number: CITY OF BAYTOWN ROBERT D. LEIPER, Acting City Manager , the undersigned notary public; on this day personally in his/her capacity as on behalf of such corporation, 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 government or any state government that contains the photograph and signature of the acknowledging person) (✓ one) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he /she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of 1999. Notary Public in and for the State of Texas cAMyDocuments\Pipeline PertnitsU ndemnityAgreemen tFor6InchNitrogenPipelineE xon.doc 3 829 I7 eAWAY DRIVE 827 EXXON BTRF 0 szs w o� I� C802 PIPE RACK "F" ROAD CROSSING BAYTOWN STATION 2 KEY PLAN NOTES 1. FOR CONCRETE GENERAL NOTES SEE DWG 688 -36 -7002.