Ordinance No. 8,95520000727 -3
ORDINANCE NO. 8955
® AN ORDINANCE AUTHORIZING THE CONVEYANCE OF AN 0.034 ACRE
PIPELINE EASEMENT TO COWBOY PIPELINE SERVICE COMPANY AND
APPROVING THE APPLICATION OF COWBOY PIPELINE SERVICE
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, Cowboy Pipeline Service Company ( "Cowboy ") has requested the City of
Baytown (the "City ") to convey to it an 0.034 acre pipeline easement; and
WHEREAS, the City does not object to such conveyance so long as the terms and conditions
specified by the City in such easement are satisfied by Cowboy;
WHEREAS, for and in consideration of FIFTEEN THOUSAND SEVEN HUNDRED
FIFTY -THREE AND NO /100 DOLLARS ($15,753.00), the City via this ordinance authorizes such
conveyance;and
WHEREAS, additionally, Cowboy has submitted a pipeline application for a 10 -inch pipeline
(the "Pipeline ") to carry hydrogen within the City of Baytown, crossing under the following rights -
of -way:
Rollingbrook Drive Hunter Street Market Street
North Airhart Street Doris Street West Main Street
Park Street West Texas Avenue Missouri Street
Meyers Street J.B. LeFevre Road
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 Cowboy, 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: The facts and matters set forth in the recitals of this ordinance are hereby
® found to be true and correct.
20000727 -3'a
® Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the Mayor of the City of Baytown to execute the pipeline easement, a copy of which is
attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes.
Section 3: 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 `B" and incorporated herein for all intents and purposes, for the Pipeline proposed by
Cowboy Pipeline Service Company.
Section 4: 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 Cowboy
Pipeline Service Company corresponding to the Pipeline.
Section 5: 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 27`h day of July, 2000.
ATTEST:
CT�� " W, MI ity Clerk
APPROVED'AS'TO FORM:
ACID RAMIREZ, ,City Attorney
0 c: kl h253\ Council\ Ordinances \CowboyPipelinePermit
2
PETE C. C. ALFARO, Mayor
PIPELINE EASEMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
THAT FOR AND IN CONSIDERATION of the sum of TEN DOLLARS ($10.00) and
other valuable considerations paid to City of Baytown (hereinafter referred to as "Grantor ") the
receipt of which is hereby acknowledged, Grantor does hereby grant to Cowboy Pipeline Service
Company, a Texas corporation whose mailing address is Two Allen Center, Suite 2250, 1200
Smith . Street, Houston Texas 77002, its successors and assigns (hereinafter referred to as
"Grantee ") a nonexclusive right -of -way and easement to lay, construct, maintain, operate,
replace, protect, repair and remove one (1) ten -inch (10 ") pipeline, including fittings, corrosion
control equipment and other supporting equipment (the pipelines, along with fittings, corrosion
control equipment and other supporting equipment are hereinafter collectively called the
"Pipeline ") for the transportation of hydrogen under (but not on or over) the following described
lands situated in Harris County and State of Texas, the center line of said right -of -way and
easement being more particularly identified and described in Exhibits "A" and `B" and depicted
on Drawings CA- 1460 -024 and CA- 1460 -010 attached hereto and made a part hereof for all
purposes, together with the right of ingress and egress within said right -of -way. In addition,
Grantor grants to Grantee the same rights as described above with respect to the lands described
in Exhibit "C" that is attached hereto and made a part hereof for all purposes, together with the
right of ingress and egress within said right -of -way.
Grantee agrees that its right of ingress and egress is limited to the right -of -way and to the
existing public roadways intersecting said right -of -way and that for purposes of initial
.construction Grantee may use during construction of said Pipeline a temporary work space, being
forty feet (40') in width, located adjacent to and parallel with the above - described permanent
right -of -way which right of utilization shall immediately terminate, ipso facto, upon the earlier to
occur of (i) the laying of the Pipeline; or (ii) January 1, 2001; provided that the land is not
occupied by substantial improvements. After termination, for purposes of maintenance or repair
of the Pipeline, Grantee has permission to use as working space, such parts of Grantor's land
adjacent to said right -of -way as is reasonably necessary to effect such maintenance or repair,
provided that the land is not occupied by substantial improvements.
Grantee agrees that, after commencing construction, it will pursue the work diligently to
effect prompt completion of the Pipeline, and following the construction or repair of its Pipeline,
it will restore the surface of the land traversed by the Pipeline as nearly as is practicable, to the
condition in which it existed prior to such construction or repair.
It is distinctly understood and agreed that this Pipeline Easement does not constitute a
conveyance of any part of the land above - described, nor of the minerals therein and thereunder,
but grants only the right -of -way and easement as above provided herein.
® Grantor hereby retains and reserves for itself and its successors and assigns the right to
use the right -of -way for any purpose and in any manner, including, but not limited to, the right to
Pipeline Easement, Page 1 EXHIBIT A
® construct or permit others to construct other pipelines alongside of and adjacent to Grantee's
Pipeline, the right to cross or to permit others to cross under or over Grantee's Pipeline with
pipelines, roads, streets, railroads, waterlines, sewer lines and other utilities or facilities so long
as such use does not unreasonably interfere with the rights of Grantee hereunder.
Grantee's Pipeline shall be designed, constructed, tested and operated in accordance with
all applicable governmental rules and regulations and all applicable safety rules and regulations
published by federal and/or state regulatory agencies having jurisdiction. If no such
governmental safety rules apply, then applicable industry standards and practices shall be
complied with. Upon request from Grantor or the owner of any of the land crossed by or situated
within five hundred feet (500') of said Pipeline, Grantee will provide written certification that
the Pipeline was so designed, constructed and tested and is being so maintained and operated.
Grantee further agrees that it shall install the Pipeline at a depth of at least three feet (3')
below the natural surface elevation of the ground at the time of construction and shall at times
remain at least three feet (3) below the natural surface elevation of the ground at all times.
Grantee acknowledges and agrees that no part of the Pipeline shall be on or above ground and all
aspects of the Pipeline shall be buried at a depth of at least three feet (3') below the ,natural
surface elevation of the ground at all times. Where Grantee's Pipeline crosses any existing
pipelines on Grantor's premises, Grantee's Pipeline shall be constructed below such existing
lines with a minimum clearance of twenty -four inches (24 ") between the top of Grantee's
Pipeline and the bottom of such existing line(s). Grantee shall pay for any damage to fences,
blacktop, concrete or any other improvements that may result from Grantee's exercise of any of
the rights and privileges hereby granted.
Grantee shall not transport in the Pipeline covered by this easement any product, material
or substance other than that named above without the prior written consent of the Grantor, which
consent shall not be unreasonably withheld, provided the new product, material or substance can
be, in Grantor's opinion, safely transported in the Pipeline as designed, constructed, tested and
maintained and its use for such purpose violates no state, local or federal regulations governing
the design, construction, testing and operation of Pipelines for the transportation of such product,
material or substance.
The easement and rights hereby granted are nonexclusive, are subject to all other
easements, exceptions, reservations, rights, and encumbrances, whether of record or evidenced
physically on Grantor's premises, and are granted without any warranty of title, express or
implied, by Grantor.
The rights herein granted shall not be assigned by Grantee without the prior written
consent of Grantor, which consent shall not be unreasonably withheld. Any purposed
assignment made without the prior written consent of Grantor is void. Notwithstanding, Grantor
hereby agrees that Grantee can assign the rights herein to PRAXAIR without obtaining prior
written consent of Grantor.
® GRANTEE HEREBY ASSUMES ALL LIABILITY FOR AND
AGREES TO PAY FOR ALL DAMAGES, INCLUDING
Pipeline Easement, Page 2
® ENVIRONMENTAL DAMAGES, TO ALL PROPERTY OF ANY NATURE
AND KIND, AND ALL LOSSES RESULTING FROM SUCH INJURIES
AND DAMAGES ARISING OUT OF THE CONSTRUCTION,
OPERATION, MAINTENANCE, INSPECTION, REPLACEMENT,
REMOVAL, EXISTENCE AND USE OF SAID PIPELINE AND HEREBY
AGREES TO INDEMNIFY, DEFEND AND HOLD GRANTOR, ITS
OFFICERS, AGENTS, CONTRACTORS AND EMPLOYEES HARMLESS
FROM ANY AND ALL DEMANDS AND CAUSES OF ACTION FOR
DAMAGE TO PROPERTY OR INJURY TO OR DEATH OF PERSON OR
FOR ENVIRONMENTAL DAMAGE, INCLUDING, WITHOUT
LIMITATION, ANY CLAIMS ARISING UNDER THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY
ACT AND OTHER APPLICABLE FEDERAL AND STATE
ENVIRONMENTAL LAWS AS WELL AS COURT COSTS AND
ATTORNEY'S FEES, WHICH MAY IN ANY WAY RESULT FROM,
GROW OUT OF OR ARISE IN CONNECTION WITH THE EXISTENCE,
USE OR OPERATION OF THE GRANTEE'S PIPELINE HEREUNDER
OR THE EXERCISE BY GRANTEE OF ANY OF THE RIGHTS HEREIN
GRANTED, REGARDLESS OF THE NEGLIGENCE OF THE
GRANTORS, ITS OFFICERS, AGENTS, CONTRACTORS AND
EMPLOYEES. IT IS THE EXPRESSED INTENTION OF THE PARTIES
HERETO THAT THE INDEMNITY PROVIDED HEREIN IS AN
INDEMNITY BY THE GRANTEE TO INDEMNIFY, PROTECT AND
DEFEND THE GRANTOR, ITS OFFICERS, AGENTS, CONTRACTORS
AND EMPLOYEES FROM THE CONSEQUENCES OF (I) THE SOLE OR
CONCURRENT NEGLIGENCE OF THE GRANTOR, ITS OFFICERS,
AGENTS, CONTRACTORS AND EMPLOYEES AND /OR (II) THE SOLE
OR CONCURRENT NEGLIGENCE OF THE GRANTEE.
IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE
GRANTOR, ITS OFFICERS, AGENTS, CONTRACTORS AND /OR EMPLOYEES BY
REASON OF ANY OF THE ABOVE, GRANTEE FURTHER AGREES AND COVENANTS
TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO
GRANTOR. THE INDEMNITY PROVIDED HEREINABOVE SHALL SURVIVE THE
TERMINATION AND /OR EXPIRATION OF THIS EASEMENT.
Notwithstanding the provisions hereof, if the Pipeline should ever interfere with the
installation of roads, streets, railroads, utilities or other facilities constructed by Grantor or its
successors and assigns, Grantee agrees, at its cost, to encase, raise, lower or otherwise vertically
alter the Pipeline to accommodate the installation of the roads, streets, railroads, utilities or other
facilities. Provided, however, that nothing contained in this paragraph shall apply to relocation
of the Pipeline required by a public authority or political subdivision or preclude or prevent
Pipeline Easement, Page 3
Grantee from securing reimbursement to which Grantee is otherwise entitled from such public
authority or political subdivision, other than the City, for the cost and expense of relocating the
Pipeline.
Except for initial construction of the Pipeline, Grantee agrees to give Grantor forty -eight
(48) hours' notice prior to entry upon Grantor's property for any purpose. In the event of an
emergency, Grantee shall notify Grantor as soon as reasonably practicable of Grantee's need to
enter Grantor's property.
In the event of release of contamination on Grantor's lands from Grantee's Pipeline or
from equipment used by or for the benefit of Grantee, regardless of the cause or circumstances of
such release, Grantee shall immediately notify Grantor of such release. Grantee agrees to
remove such contamination and to restore the surface of the land to the condition in which it
existed prior to such release.
Grantee agrees that if Grantee should abandon or cease to use the easement and Pipeline
for the purposes herein granted for a period of twenty -four (24) consecutive months or longer,
the rights herein granted shall terminate and shall revert to Grantor, its successors or assigns
without the necessity of Grantee executing a conveyance or release of the same and Grantee, at
its sole expense shall within six (6) months following such abandonment remove the abandoned
Pipeline and restore the lands to its original condition, provided however, that in the event
Grantee fails to remove the Pipeline and restore said land within the time provided, such Pipeline
shall revert to and become the property of Grantor, its successors assigns; or Grantor, its
successors or assigns may at its sole option and at Grantee's sole expense remove the Pipeline
and restore said land.
The obligations undertaken by Grantee hereunder shall be deemed covenants running
with the land.
IN WITNESS WHEREOF, the Grantor has executed this instrument.as of the _ day of
July, 2000.
Grantor: Grantee:
City of Baytown Cowboy Pipeline Service Company
Signature
I'Z'tii��►F�L:
A.C.DuBOSE
Printed Name
PRES 10 E- r1
Title Title
Pipeline Easement, Page 4
THE STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared
the of the City of
Baytown, 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 purpose and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
-2000.
Notary Public in and for the State of Texas
Printed Name
My commission expires:
THE STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared
'4. C— 0 u "5 er- , the P 2 ES t 41 c Au r of Cowboy
Pipeline Service Company, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged time that he executed the same for the purpose and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ? D` DAY OF
2000.
My commission expires: 8 j 0
0 c::klh2531Izgal\ Deeds& Easements lPipelineEasementMustang071800
Pipeline Easement, Page 5
Notary Public in and for the State of Texas
o %r `tee MARTELIA BNotary Publtate of TexaMy
Commissixpires 0918
A�����
Printed Name
My commission expires: 8 j 0
0 c::klh2531Izgal\ Deeds& Easements lPipelineEasementMustang071800
Pipeline Easement, Page 5
E-XHIP)1 -C' " At1
STATE OF TEXAS
COUNTY OF HARRIS
Owner: City of Baytown
March 27, 2000
A Centerline description of a proposed 10" pipeline, extending over, through, along and across a
0.0525 acre tract recorded in File Number S373009, Film Code No. 512 -30 -3608 in the Harris
County Official Public Records of Real Property and situated in the Harvey Whiting Survey,
Abstract 840, Harris County, Texas, said Centerline being more fully described as follows:
All bearings are based on the Texas Coordinate System, South Central Zone (NAD 1927).
BEGINNING at a point in the East property line of above said 0.0525 acre tract, said "POINT OF
BEGINNING" being North 29 °11'51" East, along said East property line, 24.3 feet from a 5/8" iron
rod found for the Southeast corner of said tract;
THENCE, South 34 043'32" West, 26.0 feet to the "POINT OF EXIT" in the South property line of
above said 0.0525 acre tract and the North right -of -way line of Rollingbrook Drive, said point being
South 86 041'06" West, along South property line and North right -of -way line, 3.0 feet from a said
5/8" iron rod found for the Southeast corner of said tract.
Total Rods: 1.58
Plat attached.
\ \GULLETMYSWQ\DOCS \CLIENT JOB S \COWBOYU460 \1460212 .doc
HARRIS COUNTY, TEXAS
HARVEY WHITING SURVEY, A -840
Fnd.
sJ
R/W
R
Fnd.
C+t v of Baytown
0.0525 Acre Tract
File Number S373009
Film Code 512 -30 -3608
H. C. 0. P. R. R.P.
- - - - --R 7
Fnd.
5/B' I.R.
I
1
POINT OF
NOTES: EXI T
1) Description Attached.
2) All Bearings Are Based On The
Texas Coordinate System, South
Central Zone (NAD 1927)
P.O.B.
3
4.
C ryoS
2
e;+
Proposed 10'
Pipeline
KD
'arc Navarre
nership, LTD.
R/W — ---- —
Fnd.
5/8" I.R.
S 86'41'06" W 5S
3.0'
Rollingbrook Orlve, R/W a ,�
e
i
3
3
N0. DATE REASIDN BY
GU=TT & ASSOCIATES, INC.
7705 S. LOOP E. HOUSTON, TEXAS 77012
jl"11 (713) 644 -3219
F.B. 3503, P . 25 Total Rods: 1.58
COWBOY PIPELINE SERVICE CO.
HOUSTON, TEXAS
PROPOSED 10" PIPELINE
ACROSS CITY OF BAYTOWN
HARRIS COUNTY, TEXAS
iRAWV BY: RER DATE: 3.100
CA- 1460 -024
:HECXED BY: G&A DATE: 3/00
;CALE: 1"-10' w.0. CAD FILE: 1460212— REv. Q
n
aXWIt3IT It S11
STATE OF TEXAS
COUNTY OF HARRIS
Owner: City of Baytown
April 18, 2000
A Centerline description of a proposed 10" pipeline, extending over, through, along and across a
60.697 acre tract described as Tract I and recorded in File Number T944390, Film Code No. 527-
83 -1642, a 13.3 acre tract, recorded in Film Code No. 144 -36 -0912 and a 38.399 acre tract
recorded in Film Code No. 510 -70 -0434 in the Harris County Official Public Records of Real
Property and situated in the Harvey Whiting Survey, Abstract 840, and the William Scott Upper
League, Abstract 66, Harris County, Texas, said Centerline being more fully described as follows:
All bearings are based on the Texas Coordinate System, South Central Zone (NAD 1927)
BEGINNING at a point in the North property line of above said 13.3 acre tract, said "POINT OF
BEGINNING" being North 66 014'54° West, along said North property line, 19.3 feet from a' /2" Iron
rod found for the Southeast corner of a 8.9367 acre tract as recorded in Film Code No. 020 -43-
3861;
THENCE, South 27 °11'40" West, 328.6 feet to a point;
THENCE, South 29 010'15" West, 688.3 feet to a point;
THENCE, South 15 040'17" East, 88.9 feet to a point;
THENCE, South 38 035'59" West, 353.4 feet to the "POINT OF EXIT" in the Southwest property
line of above said 60.697 acre tract and the Northeast right -of -way line of State Highway 330
(Decker Drive), said point being South 34 050'15" East, along Southwest property line and
Northeast right -of -way line, 60.6 feet from a 5/8" iron rod found for the Southwest corner of said
tract:
Total Rods: 88.44
Plat attached.
FAAQ\DOCS \CLIENT J0BS \C0WB0Y\1460 \1460210 .doc
El
\\ TaR. 015193
@ lNy An hurt
POINT OF EXIT
HARRIS COUNTY _TEXAS
C-
Norman Dykes h
Brenda Lee Dykes
P
S 27'11'40" W
328.6'
TWR /15167
Top Bank
Drain Area
Fence • 3
-SEE _D E TAIL. __L
13.3 Acre Tract
Film Code 144 -36 -0912
H. C. 0. P. R. R. P.
38.399 Acre Tract
Film Code 510 -70 -0434
H. C. O. P. R. R. P.
S 154017" E f �.,, 1
88.9' r'
Proposed 10"
Pipeline
JS 38'35'59' W 1
353.4'
SEE DETAIL 2
WILLIAM SCOTT \ co
UPPER LEAGUE, City Baytown
A -66 \ 60.697 Acre Tract
Flle Number T944390
F9m Code 527 -83 -1642 1^'
7S \ H. C. 0. P. R.R.P.
State Highway 330, R/W
(Decker Drlw)
_-
Southeast Corner of
8.9367 Acre Tract \`
Film Code No. 020 -43- 3861 --
H.C.O.P. \P. /
HARVEY WHITING
SURVEY, A -840
P.U.B.
Fnd. 112" I.R.
N 6614'54" W
19.3'
ti
DETAIL 1
Scale: 1" = 50'
NOTES:
1 Description Attached.
u 2� All Bearings Are Based On The
Texas Coordinate System, South
Central Zone (NAD 1927).
DATE REVISIGN
li o �l GULLETT & ASSOCIATES, INC.
�L 7705 S. LOOP E. HOUSTON, TEXAS 77012
('713) 644 -3219
S 34'50'15" E
Fnd. 5/8 - -'a. 60.6'
I.R.
4�- (t Proposed
POINT OF EA1 10" pipeline
ExHte)a BIt DETAIL _2
N. T. S.
F.B. 3503, Pgs. 32 do 33 Total Rods: 88.44
COWBOY PIPELINE SERVICE CO.
HOUSTON, TEXAS
PROPOSED 10" PIPELINE
ACROSS CITY OF BAYTOWN
HARRIS COUNTY, TEXAS
SAWN 6T. BOS 0 03.00
:.NECKED BY:.G&A Di D3 0o CA -1460 -010
!;CALE 1" =400' w() CID F41: 1460210
0 EXHIBIT "C"
ROAD CROSSINGS:
CITY OF BAYTOWN -
I. CA- 1460 -024
II. CA- 1460 -010
G
FEE TRACTS
1.58 Rods
88.44 Rods
North of Rollingbrook
Between Goose Creek and
SH 330 (Decker Drive)
Description:
Permit with:
1.
Rollingbrook Drive
City of Baytown
2.
North Airhart Street
City of Baytown
3.
Park Street
City of Baytown
4.
Meyers Street
City of Baytown
5.
Hunter Street
City of Baytown
6.
Dorris Street
City of Baytown
7.
West Texas Avenue
City of Baytown
8.
J.B. LeFevre Road
City of Baytown
9.
Market Street
City of Baytown
10.
West Main Street
City of Baytown
11.
Missouri Street
City of Baytown
CITY OF BAYTOWN -
I. CA- 1460 -024
II. CA- 1460 -010
G
FEE TRACTS
1.58 Rods
88.44 Rods
North of Rollingbrook
Between Goose Creek and
SH 330 (Decker Drive)
Permit No.
NEW PIPELINE APPLICATION
ity Houston:
Maximum Allowable Operating Pressure:
Maximum Allowable Temperature (if applicable):
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
coordinator-, fle drawings for all public way crossings if requested by the director or emergency management and
preparedness
(ii) a1pe11Aa cur be laid us ng the locati hed am p and went of the proposed pipeline and all public ways in which the proposed
P
(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 unrcgulated as . cithcr
or both intrastate or interstate safety rules regulati ons, please specify and identify (a) the exculpatory rules or regulations governing the
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 11'/. of the Code of Ordinances of the City of
ytown, Texas as well as all applicable federal, state and local laws and regulations.
IBIT B A plieant's Sig ature
A. C. DODS
The Director of Engineering and Inspections has the right to require the submission of additional information.
c:k1h25\imerga+sy Managemcnt\iewPipeline .Application
11
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,
r oW fSef PIPELINE SE RV LE Cam__, a corporation authorized to do business in the State of Texas,
hereinafter "Pennittee," 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 m 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 Permit Number:
U
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 this � ' day of , 200o .
ATTEST:
EILEEN P. HALL, City Clerk
PERMITTEE
Coytt'�o`( P' +PEL�Ne SERV mE Co.
Company Name
Signature of Authorized Officer
AL�E[� C flugjoSE
Printed Name
PRES,fla
Title
CITY OF BAYTOWN
MONTE MERCER, City Manager
2
Permit Number:
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, 1'V�A2TE�� k p �� aL��STER the undersigned nhi public, on this day
personally appeared . L. 0 u � os in er ca pacity as
p y on behalf of such
P2ES1Oc`atr of PrpE� trot 5 c�.1�cE Ca .
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 / Sy'-' day of , 200 o
MARTELIA B. MCALLISTER
yr Notary Public, State of Texas
FA J
+;` My Commission Expires 09 -18 -01
014 of" i�'
0 3
Notary Public in and for the State of Texas