Ordinance No. 8,80120000113 -10
Ordinance No. 8801
® AN ORDINANCE APPROVING THE APPLICATION OF AIR PRODUCTS, L.P., 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, Air Products, L.P., ( "Air Products ") has submitted a pipeline application for a 12.750"
pipeline, which will run from Air Products' Exxon Baytown Facility across West Baker Road to the Enichem
Elastomers Facility, and which will carry nitrogen (hereinafter referred to as the "Pipeline "); 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 permits for the Pipeline; and
WHEREAS, the City Council has received such report and has determined that, based upon the
representations of Air Products, 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 Pipeline proposed by Air Products, L.P.
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 agreements with Air Products, L.P.,
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 13`x' day of January, 2000.
r
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED' r`S TO FORM:
etKNACIO RAMIREZ, SR., i Attorney
c: klh2191CityCouncill OrdinancesW ewPipelinePermit .AirProductslncorporated 123099
/ 1, r! �, C /-x 4 " r -
PETE C. ALFARO, Iffayor
Pipeline Permit Number:
• CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
Air.Prodticts, L.P.
Address:
City:.
State:
21p
12600 Nortlborough Driue;
Houston
Texas
77067 -3293
Suite 196
and purposes.
Description of Pipeline:
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:
Air Products' Exxon Baytown Facility
Pipeline Destination Point:
Enichem Elastomers' Baytown Facility
Affected Public Ways:
Points Pipeline Crosses Public Ways:
The points at which the pipeline will run or cross any
• West Baker
Public Way are depicted in Exhibit `B," which is
attached hereto and incorporated herein for all intents
and purposes.
Description of Pipeline:
12.750 -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 IP day of January, 2000, 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 12000.
HOWARD WELLSPRING
Director of Engineering and Inspections
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Permit, Page Solo
STATE OF TEXAS
® COUNTY OF HARRIS
v
INDEMNITY AGREEMENT
For and in consideration of the City of Baytown accepting a registration in accordance with Chapter
1 1'/4 "Emergency Management and Preparedness," Article II "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, AIR nlz0UuCr.5 L. P. a corporation
authorized to do business in the State of Texas, hereinafter "Registrant," hereby agrees as follows:
REGISTRANT 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
REASONABLE EXPENSES OF LITIGATION, COURT COSTS AND
REASONABLE ATTORNEYS' FEES FOR INJURY TO OR DEATH OF
ANY PERSON, OR FOR DAMAGE TO ANY PROPERTY, ARISING OUT
OF THE CONSTRUCTION, MAINTENANCE, OPERATION, REPAIR,
REPLACEMENT, ADJUSTMENT OR REMOVAL OF ANY PART OR
ALL OF THE PIPELINE REGISTERED HERETN TO THE EXTENT AND
IN THE PROPORTION OR PROPORTIONS THAT SUCH INJURIES,
DEATHS, OR DAMAGES ARE CAUSED BY (1) THE NEGLIGENCE OF
REGISTRANT AND /OR (U) THE JOINT NEGLIGENCE OF THE CITY
WHERE SUCH NEGLIGENCE IS CONCURRENT WITH THE
NEGLIGENCE OF REGISTRANT AND REGISTRANT IS MORE THAN
FIFTY PERCENT (50 %) AT FAULT.
IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH
REGISTRANT AND THE CITY, THAT THE INDEMNITY PROVIDED
FOR HEREIN IS AN INDEMNITY BY REGISTRANT TO INDEMNIFY,
PROTECT AND DEFEND THE CITY FROM THE CONSEQUENCES OF
(n THE NEGLIGENCE OF REGISTRANT AS WELL AS (0) THE CITY'S
OWN ORDINARY NEGLIGENCE, WHERE THE CITY'S NEGLIGENCE
AND NEGLIGENCE OF REGISTRANT ARE CONCURRING CAUSES OF
THE INJURY, DEATH OR DAMAGE AND REGISTRANT IS MORE
THAN FIFTY PERCENT (50'%,) AT FAULT.
THE INDEMNITY PROVIDED HEREIN SHALL HAVE NO
APPLICATION TO ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION,
SUIT AND LIABILITY WHERE THE INJURY, DEATH OR DAMAGE
RESULTS FROM (1) THE SOLE NEGLIGENCE OF THE CITY
UNMIXED WITH TIIE FAULT OF REGISTRANT; (11) ANY
INTENTIONAL, WILLFUL OR GROSSLY NEGLIGENT CONDUCT ON
THE PART OF THE CITY; (III) ANY NEGLIGENCE OF THE CITY
OTHER TITAN WHEN REGISTRANT IS MORE THAN FII, T1' PERCENT
(50' %,) AT FAULT; OR (IV) ANY CONSEQUENTIAL DAMAGES.
Indemnify A6rccincm, Pasc I EXHIBIT A
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 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 this2-9ay of �.. _ _ 1991.
ATTEST:
EILEEN P. HALL, City Clerk
Indemnity AgrecmcM. Pa;c
REGISTRANT
AIR PRODUCTS, L.P.
Company Name
Signat e of Authorized Off er
Rick J. Thibodeaux
Printed Name
Senior Real Estate Representative
Title
CITY OF BAYTOWN
BOBBY ROUNTRE , City Manager
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me on this day personally appeared Rick J. Thibodeaux
in
his/her capacity as Sr. Real Estate Representative of Air Products, L.P.
on behalf of such corporation, known to me to be the person whose name is subscribed to the fore -oink
instrument and acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
SUBSCRIBED AND SWORN before me this29tAy of November
i Norary P:Nic, Srarc of `Iczas
My Commissicn Expires
September 16, 2003
hIf1.N��
c:W, h24lc mcrgenrymgnt \Rcgistrantindcmnity.Agrccmcnt
Indcnutity Ayrccmcnt, P:iSc 3
Notary Public in and for the. Late of Texas