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Ordinance No. 8,86720000323 -2 ORDINANCE NO. 8867 ® AN ORDINANCE APPROVING THE APPLICATION OF LA PORTE PIPELINE COMPANY, L.P., 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, LaPorte Pipeline Company, L.P. ("LaPorte Pipeline "), has submitted one pipeline application for a 12.750 inch propylene pipeline (the "Pipeline ") to carry Petrochemicals between the cities of Mont Belvieu and La Porte, 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 La Porte Pipeline, 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 La Porte Pipeline. 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 La Porte Pipeline 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 -2a ® INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown this the 23rd day of March, 2000. C ATTEST: GT<y W. MITH, City Clerk APPROVED AS TO FORM: I ACIO RAMIREZ, SR. 'ty Attorney c:\MyDocuments\Council\99-00\March\LaPortePipelinePermit X.(� PETE C. ALFARO, Mayor Permit No. NEW PIPELINE APPLICATION Principal Contact for Submittal Information: J. E. Aikins Title of Principal Contact: Project Manager.(Acting as Agent). Principal Contact's Phone Number: Principal Contact's Facsimile Number: 713 - 871 -8787 713- 871 -1914 Twenty -Four Hour Emergency Contact: Pipeline Operator (LPPC) T;rle of Twenty -Four Hour Emergency Contact Origin Point: Mont Belvieu, TX Maximum Allowable Operating Pressure: 2160 psig Maxumum Allowable Temperature (if applicable): 250 °F Destination Point La Porte, TX Normal Operating Pressure: 1600 psig Design Strength for Unregulated Pipelines: 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 summary 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 rulcs/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 tic 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 tite pipeline for w}lich this application is made will comply with the applicable standards required by Article 11 of Chapter 11% of the Code of nanc of the City o 3aldnwri, Texas as well as all applicable federal, state and local laws and regulations. RNIMBIT A Applica is ignaturc The Director of Engineering and Inspections has the right to require the submission of additional information. cMh25\EmcrSency Mana Scmcnt \Nc %vPipeline.Application LJ 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 1 1'/. "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, La Porte Pipe Line Company., L.P. - a corporation authorized to do business in the State of Texas, hereinafter "Permittee," hereby agrees as follows: PERMITTEE AGREES TO AND SHALL INDEMNITY, 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 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. ® Indcnini��. _ Afrcciucnt, Pa6c I 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 ©f 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 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. 2��ro SIGNED this 02 day of -_. Indcm itv Aerccmcnl, Paj;c 2 PERNI=EE La Porte Pipeline Company, L.P. Company Name Signature bf Authorized Officer Steve Mims Printed Name (DWYA0411�. �- l Title El Permit Number: CITY OF BAYTOWN BOBBY ROUNTRE-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 ackmowledged to me that he executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this _ day of c:U:lh24k-nicrt;aic)-ni nlV'crmiIIcc1ndLinnity.Agcemcnl 0 fndCmnity A2recmcn1, Pabc 3 Notary Public in and for the State of Texas