Ordinance No. 9,1032001125 -13
ORDINANCE NO. 9103
® AN ORDINANCE APPROVING THE APPLICATION OF TE PRODUCTS PIPELINE
COMPANY, LIMITED PARTNERSHIP, FOR A NEW PIPELINE TO BE CONSTRUCTED
WITHIN THE CITY OF BAYTOWN; AUTHORIZING AND DIRECTING THE DIRECTOR OF
ENGINEERING TO ISSUE PERMITS THEREFOR; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, TE Products Pipeline Company, Limited Partnership ( "TEPPCO ") has submitted a pipeline
application for a 16" pipeline, which will run from San Jacinto State Park across Bayshore Drive to a tie -in site in
Baytown Nature Center, and which will carry an ethane propane mixture (hereinafter referred to as the "Pipeline ");
and
WHEREAS, the Director of Engineering, 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 TEPPCO, 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 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 TE Products Pipeline Company, Limited Partnership.
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 TE Products Pipeline Company,
Limited Partnership, 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 25 "' day of January, 2001.
/.6 k L'
PETE C. ALFARO, Mayor
ATTEST:
u.
GA W'., S ITH, City Clerk
® APPROVED AS TO FORM:
ACIO RAMIREZ, S ., 4ity Attorney
c:kIh2591CityCouncill0rdinances ipelinePermit.TEPPCO
Pipeline Permit Number:
CITY OF BAYTOWN
PIPELINE PERMIT
Permlttee's Name::
T:E Products Pipeline Company,:Limited Partnership
Address:
City:_
State:
;Zip:
2929 Allen Parkway
Houston
Texas
77019'"
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:
San Jacinto State Park
Pipeline Destination Point:
The Baytown Nature Center
Affected Public Ways:
Points Pipeline Crosses Public Ways:
The points at which the pipeline will run or
• Bayshore Drive
cross any Public Way are depicted in
Exhibit "B," which is attached hereto and
incorporated herein for all intents and
purposes.
Description of Pipeline:
16 -inch pipeline forming a part of
TEPPCO's pipeline system as described in
TEPPCO's permit application, which is
made a part hereof for all intents and
purposes by this reference, which will
carry an ethane propane mixture.
This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council
on the 25`h day of January, 2001, 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. 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 )2001.
c: kl 112591Em ergeneyMan agement \PipelineRegulatoryForms\N ewPi pel in ePennitTEPPCO
Permit, Page Solo AMBIT A
HOWARD WELLSPRING
Director of Engineering
Rx Date /Time JAN- ]5 -MI0 Tfl) 16;09
JAN 25 '01 16:18 TO- 92814206586 FROM - TEPPCO
STATE OF TEXAS
COUNTY OF HARRIS
713 759 3931 P.00Z
T -935 P.02/04 F -809
Permit Number:
INDEMNITY AGREEMENT
For and in consideration of the City of Baytown issuing a permit in accordanoe 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, TE Products
Pipeline Company, Limited Partnership, a corporation authorized to do business in the State of Texas, hereinafter
"Permittee," hereby agrees as follows:
PERMITTER 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 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
Indemnity Agreement, page I EXHIBIT A
Rx Date /Time JAH- -NWTH J I H:
.7
JAN 25 '01 16;18 TO- 92814206586 FROM- TEPPCO T -935 P.03/04 F -809
Permit Number:
WITH THE FAULT OF ANY OTHER PERSON OR ENTITY.
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 25th. day of January, 2001.
1ndemnb A egr emen_t, Page 2
PERMITTEE
TE Products Pipeline Company, Limited Partnership
by Texas Eastern Products Pipeline Company, LLC,
General Partner
By:
Stephen W. Russell, Vice President Support Services
h Date /Time JAH- -Hfl (THU) 16:09
U
JAN 25 '01 16:18 TO- 92814206586 FROM - TEPPCO
ATTEST:
GARY W. SMITH, City Clerk
STATE OF TEXAS §
7l3 759 3931 P. 004
T -935 P.04/04 F -809
Permit Number:
CITY OF BAYTOWN
MONTE MERCER. City Manager
COUNTY OF HARRIS §
Before me, LT\ r k�. the undersigned notary public, on this day personally
appeared Stephen W. Russell, In his capacity as Vice President, Support Services of Texas Eastern Products
Pipeline Company, LLC, General Partner of TE Products Pipeline Company, Limited Partnership, on behalf
of such corporation, known to me to be the person whose name is subscribcd to the foregoing instrument, and
acknowledged to me that he executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this
T"
--
[' ` • .ice• • 7�_ _ _ �
e!U c1h24b mergencyrngmt \Permittee[edemnity.Agreement
Indemnity Agreement, Page 3
day of
Notary Public inter i for the
2001.
Texas
�9
TEPPCO PA
POINT OF EXIT
X= 3,252,893.77
Si C R Y S T A L Y= 720,146.57
+720,000 B A Y
TEPPCO PA'S
i
P�
POINT OF ENTRY
I �
I I
I I
I I F .254,841.35
20.632.88
PLAN LEGEND
500 0 500 1000 1500 _s EXISTING PIPELINES
HORIZONTAL SCALE IN FEET
�— �acaRTNUR ----�
RIDGEMIAY —�� ` \
� KATERINE — — — —
CABANISS
I
— -- — SEGMENT TO BE DIRECTIONALLY
DRILLED
COE
100' ............................................................................................................................................._............................. ..........I.................... 100'
NATURAL BOTTOM
0' — 0'
T.O.P. EL. —20' MIN.
—100' —100'
pp��� APPROX. HORIZ.. LENGTH OF DRILL = 2007'
PROFILE NOTE:
soo o soo loon tsI ALL BEARINGS AND COORDINATES
HORIZONTAL SCALE IN FEET SHOWN IN TEXAS LAMBERT, SOUTH
100 0 100 200 300 CENTRAL ZONE, NAD -27
VERTICAL SCALE IN FEET SURVEY PERFORMED ON 2/14/00
=TBPPCO
DRILL EXIT KCY
5/00 ME] ISSUE FOR REVIEW
DATE BY DESCRIPTION
PROJECT NO. 1053
MUSTANG ENGINEERING INC
� Housroit Tags
!K. CRYSTAL BAY SHORELINE DIRECTIONAL DRILL
DRAWN BY: C.C.
DATE:
P
DATE:
SCALE AS SHOWN
APP.:
INTERNAL
HYDROSTATIC
OPERATING
PA
WALL
YIELD
COATING
PRODUCT
DESIGN
ST PRESSUR
COMPANY
DIAMETER
THICKNESS
STRENGTH
(MIN.)
PRESSURE
MIN. PSIG
PERMIT
TEPPCO
16'
0.500'
X -42
12 -14 MILS FBE 20 -24 MILS NAP —ROCK
E.P. MIX
1440
1800
VNN- 243-41 -1031 do 990
100' ............................................................................................................................................._............................. ..........I.................... 100'
NATURAL BOTTOM
0' — 0'
T.O.P. EL. —20' MIN.
—100' —100'
pp��� APPROX. HORIZ.. LENGTH OF DRILL = 2007'
PROFILE NOTE:
soo o soo loon tsI ALL BEARINGS AND COORDINATES
HORIZONTAL SCALE IN FEET SHOWN IN TEXAS LAMBERT, SOUTH
100 0 100 200 300 CENTRAL ZONE, NAD -27
VERTICAL SCALE IN FEET SURVEY PERFORMED ON 2/14/00
=TBPPCO
DRILL EXIT KCY
5/00 ME] ISSUE FOR REVIEW
DATE BY DESCRIPTION
PROJECT NO. 1053
MUSTANG ENGINEERING INC
� Housroit Tags
!K. CRYSTAL BAY SHORELINE DIRECTIONAL DRILL
DRAWN BY: C.C.
DATE:
CHECKED BY: S.G.
DATE:
SCALE AS SHOWN
APP.:
M. No.
9304 1