Ordinance No. 8,86620000323 -01
® AN ORDINANCE APPROVING THE APPLICATION OF LAVACA PIPE
LINE 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, Lavaca Pipe Line Company ( "Lavaca Pipe Line "), has submitted one
pipeline application for a 12.750 inch steel pipeline (the "Pipeline ") to carry Ethane, Propane and
Ethylene from Mont Belvieu to Texas City, crossing through the City of Baytown rights -of -way
at the following locations: Bayshore Drive, Martha Street, Brownwood Drive, Steinman Street,
Wood Street, Shreck Avenue, Greenbriar Drive, Bayway Drive, Baker Road, Spur 330 (Decker
Drive) and Garth Road; 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 Lavaca Pipe Line, 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 Lavaca Pipe Line.
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 Lavaca Pipe Line 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.
20000323 -1a
® INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 23rd day of March, 2000.
v
ATTEST:
ax--4 f((
G- W. MIT , City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, S ity Attorney
c: \MyDocuments\ Council \99- 00\March\LavacaPipeLinePennit
A, c.
PETE C. ALFARO, ayor
Permit No.
NEW PIPELINE APPLICATION
Origin Point: Destination Point:
Mont Belvieu Texas City, Texas
Maximum Allowable Operating Pressure: Normal Operating Pressure:
2160 si 1440 psi
Maximum Allowable Temperature (if applicable): Design Strength for Unregulated Pipelines:
110° F N/A
Attach a description of the substance(s) to be transported and include any applicable Material Safety Data Sheets.
■ Attach engineering plans, drawings and/or maps with summarized specifications showing the horizontal pipeline location, pipeline
covering depths, and location of shutoff valves. (To the extent that information can be reasonably obtained, drawings must show the
location of other pipelines and utilities which will be crossed or paralleled within five feet (5')).
■ Attach a description of the consideration given to API, ANSI an all other applicable public safety standards and the avoidance of existing
inhabited structures and congregated areas.
■ Attach a surnmary description of the time, location, manner, means and methods of the proposed construction, including, but not limited
to, the following:
(i) detailed cross section/profile drawings for all public way crossings if requested by the director or emergency management and
preparedness coordinator;
(ii) aplan accurately showing the location, course and alignment of the proposed pipeline and all public ways in which the proposed
pipeline shall be laid using the attached map; and
(iii) the design criteria as it applies to existing infrastructure, under which the pipeline will be constructed.
■ Identify each pipeline as regulated under interstate or intrastate safety rules /regulations. (Where a pipeline is unregulated as to either
or both intrastate or interstate safety rules /regulations, please specify and identify (a) the exculpatory rules or regulations governing dic
pipeline and (b) the operating conditions of the pipeline, which give rise to such unregulated status).
I, as the applicant herein, acting in my capacity for the above - referenced company, hereby avow that the pipeline for which this
application is made will comply with the applicable standards required by Article II of Chapter I I 1 of the Code of Ordinances of the City of
B rtown, Texas as well as all applicable federal, state and local laws and regulations.
EXHIBIT A Ap tcant's Signature
The Director of Engineering and Inspections has the right to require the submission of additional information.
c:k1h25\Emcrgcncy ManaScnncnt44Nc,vPipclinc .Application
Principal Contact for Submittal Information:
any Name
Lavaca Pipe _Line Coitipany`
BMH Ea leton, Inc. — John T hurst
I
Title of Principal Contact
� Address
'
201!Formosa Drive
Project Manager
State.:_
Principal Contact's Phone Number:
Principal Contact's Facsimile Number:
City.
Point. Coiifort
I.—Texas
(713).871 -8787
713 871 -1914
Company's: Phone Number::
Company's Facsunile Number:.
T�centy Four Hour Emergency Contact:
46 (36 7�O
8T= 229
J. W.':, Debolt
Person Submttting on:
Title of Twenty-Four Hour Emergency Contact
Jack Wu
..Pipeline Manager Seadrift Pipeline Com an
Title of Person Submitting Application
Emergency Contact's Phone
Emergency Contact's Facsimile .
Presilent Lavaca Pipe Line
Company
Number''_
er
Number.
Applicant' Phone ;Number
Applicants Facsimile Number.
(800)`947 -1628
(.361):553 -3308
.(361) .987 77G.:
361:
987 =2729
Origin Point: Destination Point:
Mont Belvieu Texas City, Texas
Maximum Allowable Operating Pressure: Normal Operating Pressure:
2160 si 1440 psi
Maximum Allowable Temperature (if applicable): Design Strength for Unregulated Pipelines:
110° F N/A
Attach a description of the substance(s) to be transported and include any applicable Material Safety Data Sheets.
■ Attach engineering plans, drawings and/or maps with summarized specifications showing the horizontal pipeline location, pipeline
covering depths, and location of shutoff valves. (To the extent that information can be reasonably obtained, drawings must show the
location of other pipelines and utilities which will be crossed or paralleled within five feet (5')).
■ Attach a description of the consideration given to API, ANSI an all other applicable public safety standards and the avoidance of existing
inhabited structures and congregated areas.
■ Attach a surnmary description of the time, location, manner, means and methods of the proposed construction, including, but not limited
to, the following:
(i) detailed cross section/profile drawings for all public way crossings if requested by the director or emergency management and
preparedness coordinator;
(ii) aplan accurately showing the location, course and alignment of the proposed pipeline and all public ways in which the proposed
pipeline shall be laid using the attached map; and
(iii) the design criteria as it applies to existing infrastructure, under which the pipeline will be constructed.
■ Identify each pipeline as regulated under interstate or intrastate safety rules /regulations. (Where a pipeline is unregulated as to either
or both intrastate or interstate safety rules /regulations, please specify and identify (a) the exculpatory rules or regulations governing dic
pipeline and (b) the operating conditions of the pipeline, which give rise to such unregulated status).
I, as the applicant herein, acting in my capacity for the above - referenced company, hereby avow that the pipeline for which this
application is made will comply with the applicable standards required by Article II of Chapter I I 1 of the Code of Ordinances of the City of
B rtown, Texas as well as all applicable federal, state and local laws and regulations.
EXHIBIT A Ap tcant's Signature
The Director of Engineering and Inspections has the right to require the submission of additional information.
c:k1h25\Emcrgcncy ManaScnncnt44Nc,vPipclinc .Application
Permit Number:
INDEMNITY AGREEMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
For and in consideration of the City of Baytown issuing a permit in accordance with Chapter 11
"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, " Lavaca Pipe Line Company a corporation
authorized to do business in the State of Texas, hereinafter "Permittee," hereby agrees as follows:
PERMITTEE AGREES TO AND SHALT. 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 LIABELITY OF EVERY KIND, INCLUDING ALL
EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS' 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 CDEMNIFY, 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 (Il) 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 (nftinnily Aerccmcn(, Pabc I
C
Permit Number:
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
govemed by the laws of the State of Texas, regardless of the place of its execution or performance.
The place of malting 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 , 199_.
PERNI=EE
Lavaca Pipe Line Company
Company Name
n )�
Signa e of Authorized Officer
Jack Wu
Printed Name
® Indcmnity Acrccmcnt, Ngc 2
v
Permit Number:
CITY OF BAYTOWN
BOBBY ROUNTRL-E, City Manager
ATTEST:
EILEEN P. HALL, City Clerk
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me on this day personally appeared
In
his/her capacity as . of
on behalf of such corporation, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and consideration therei►i
expressed.
SUBSCRIBED AND SWORN before me this _ day of
c:' da h241cnwrl;rncynignN'crmittccIji& nn it y.ni7ecmrnt
0 1ndt;nTi itv Al!rccmctlt, Pabc 3
Notary Public in and for the State of Texas