Ordinance No. 9,988ORDINANCE NO. 9988
® 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 10 -inch hydrogen gas pipeline beneath Emmett Hutto Blvd, Garth Road, and Baker Road
(hereinafter referred to as the "Pipeline "); and
WHEREAS, the Director of Engineering, based upon the assessment of the Director of
Planning and Development Services, 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 a permit for the Pipeline and a bond in the amount of ONE MILLION
SEVEN HUNDRED TWENTY THOUSAND SIX HUNDRED ONE AND NO 1100 DOLLARS
($1,720,601.00); 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 sets the bond
required in Section 34 -233 in the amount of ONE MILLION SEVEN HUNDRED TWENTY
THOUSAND SIX HUNDRED ONE AND NO /100 DOLLARS ($1,720,601.00) to insure
against any loss, damage or injury that may result from the Air Products' operations or
construction of the pipeline.
Section 3: 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.
1
• Section 4: 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 27th day of January, 2005.
CALVIN MUNDINGER, Mayor
ATTEST:
GKRI W. SMITH, City Clerk
APPROVED AS TO FORM:
dlM�ACIO RAMIREZ, S ity Attorney
® R:AKarenWileACity Counci1\0rdinances\2005Vanuary 27\ NeNvPipelinePermit. AirProducts lncorporated012705.doc
2
Pipeline Permit Number:
CITY OF BAYTOWN
• PIPELINE PERMIT
Permittee's Name:
Air Products, L.P.
Address: City: State: Zip:
12600 Northborough Dr. Ste. 196 I- IOLISCOn Texas 77067
Reason for permit:
X 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 Plant, Baytown, Texas.
Pipeline Destination Point:
Cedar Bayou Station Oust East of 146)
Affected Public Ways:
Points Pipeline Crosses Public Ways:
The points at which the pipeline will run or cross any
9 Emmett Hutto Blvd.
Public Way are depicted in Exhibit "B," which is attached
Garth Road
hereto and incorporated herein for all intents and purposes.
Description of Pipeline:
Baker Road
The 10 -inch pipeline used to transport hydrogen gas, in an
existing pipeline corridor within both the city limits and the
ETJ. The pipeline will include a maximum operating
pressure of 840 PSIG, a minimum test pressure of 1372
PSIG, and have a minimum yield strength of 52,000 KIPS.
The carrier pipe has an outside diameter of 10.750 inches
and a wall thickness of 0.365 inches. The pipe will
include 12 -14 mils fusion bond epoxy coating and be API
5L X -52.
This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the 27'h
day of January, 2005, 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 Pipeluhe Permit, Permittee has agreed to hold harmless and indenuhify 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 12005.
0
W.R. (BILL) PEDERSEN, P.E.
Director of Engineering
EXHIBIT A
® Permit Number:
INDEMNITY AGREEMENT
STATE OF TEXAS §
COUNTY OF HARRIS 5
For and in consideration of the City of Baytown issuing a pemlit in accordance with Chapter 34
"Environment," Article V "hlazardous Substances, Liquids and Gas Pipelines" of the Code of Ordinances of-tie
City of Baytown, which consideration and sufCciency thereof is hereby acknowledged and received,
, a corporation authorized to do business in the State of Texas,
hereinafter " Peirnittee," 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 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 (1) THE CITY'S
OWN NEGLIGENCE, WHERE THAT NEGLIGENCE AND
PERMITTEE'S NEGLIGENCE ARE CONCURRING CAUSES OF THE
INJURY, DEATH OR DAMAGE; AND /OR (11) 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.
® Indemnity AQI'eenien jage 1
EM 111, A
• 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 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 behalfof 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 , 20
PERKITTEE
Company Name
Signature of Authorized Officer
Printed Name
Title
® Indemnity Agreement, Page 2
. Permit Number:
CITY OF BAYTOWN
GARY JACKSON, City Manager
ATTEST:
GARY W. SMITH, City Clerk
STATE OF TEXAS §
S
COUNTY OF HARRIS §
Before me, the undersigned notary public, on this day personally
appeared in his /her capacity as of
, on behalf of such 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)
(Check one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he /she
executed that instrument for the purposes and consideration therein expressed.
Given under my hand and sea] of office this day of , 200
Notary Public in and for the State of Texas
c : \kih24\cmergencymgmt\Permittee Indcnm ity. Agree ment
0 Indemnity Agreement, Page')
HARRIS COUNTY, TEXAS
HARVEY WHITING SURVEY, A -840
I_ BAKER ROAD
HA -020 J�4' � off. QQ'
EXXONMOBIL PIPELINES
COMPANY
1.8 MILES f
TO SHUTOFF VALVE
2'89' EXIST. EXXON PIPELINE
N 3555'42' E
op0 '
LOX MILES t � 4717' � PROPOSED �
To syuroFF VALVE s o FcL,
y� 10" PIPELINE ">rs �?t. F0.1
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PROPOSED 10" PIPELINE
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PROFILE TBM: rt GARTH ROAD, STA. 252+00
yQTEm SCALE: 1' =30' HORIZ. ELEV. 20.69'
ALL ELEVATIONS DERIVED 1' =10' VERT.
FROM GPs JU OBSERVATIONS ED 1997 MrAN L . P
SURVEY ADJUSTED 1997
DESIGN FACTOR: 0.50 J' OU=k TEX49 DATE
COATING: 12 -14 MILS FBE (MIN.) MDURM UY cKEa�n er Ato Y a7
MAOP: 840 PSIG � DRS SG KCY 2 01 04 2/15/04
TEST PRESSURE: 1372 PSIG �LlliiI B Air Products. LP.
PRODUCT: HYDROGEN 7201 Hcmilton Boulevards �+
CONSTRUCTION METHOD: BORE Allentown, PA 18195 -1501
kIPE SPECIFICATIONS PROPOSED 10' HYDROGEN PIPELINE CROSSING
10.750' O.D. x 0.365 W.T. API 5L X -52
GARTH ROAD
HARRIS COUNTY TEXAS
Numem
D0 ISSUED FOR CLIENT REVIEW DRS ICY AS NOTED X93 OPL —HA -0021 PO
HARRIS COUNTY, TEXAS
HARVEY WHITING SURVEY, A -840
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PROFILE
TBM: Ik S. BND. HUTTO BLVD., STA. 13 +45
SCALE: 1 " =40' HORIZ.
ELEV. 22.74'
1"=20' VERT.
14WAN 866FRUVQ L. P
fF
DESIGN FACTOR: 0.50
COATING: 12 -14 MILS FBE (MIN.)
NOTE-
ALL ELEVATIONS DERIVED
tatJ81 9 TEX48
aRAwrr � �� � Aa�szovm � �� o�rE
T.C. SG KCY 1/11/ 0 12/17/ 0
MAOP: 840 PSIG
FROM GPS OBSERVATIONS
TEST PRESSURE: 1372PSIG
SURVEY ADJUSTED 1997
Air Products, LP.
7201 Hamilton Boulevard
PRODUCT: HYDROGEN
Allentown, PA 18195 -1501
CONSTRUCTION METHOD: SUCK BORE /CONY. LAY
(PIPE SPECIFICATIONS
�
!�f[11r<:N B
PROPOSED 10" HYDROGEN PIPELINE CROSSING
14.750' O.D. x 0.365" W.T., API 5L X -52
HUTTO BOULEVARD
HARRIS COUNTY, TEXAS
I o rssum FOR CLIENT REVIEW
ORS ItcY 12/17/04
AS NOTED 3 OPL —HA -0012 PO
!EV.1 REVISION
BY I APP. DATE
0.7 MILES t
TO SHUTOFF VALVE
�x
ti
HARRIS COUNTY, TEXAS
HARVEY WHITING SURVEY, A -840
\ HA -023
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PIPELINE COMPANY
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Ir Jan 2.2'U
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NOTE.
ALL ELEVATIONS DERIVED
FROM GPS OBSERVATIONS
SURVEY ADJUSTED 1997
DESIGN FACTOR: 0.50
COATING: 12 -14 MILS FBE (MIN.)
MAOP: 840 PSIG
TEST PRESSURE: 1372 PSIG
PRODUCT: HYDROGEN
CONSTRUCTION METHOD: SUCK BORE
750* O.D. x 0.365' W.T., API 5L X -52
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ALL ELEVATIONS DERIVED
FROM GPS OBSERVATIONS
SURVEY ADJUSTED 1997
DESIGN FACTOR: 0.50
COATING: 12 -14 MILS FBE (MIN.)
MAOP: 840 PSIG
TEST PRESSURE: 1372 PSIG
PRODUCT: HYDROGEN
CONSTRUCTION METHOD: SUCK BORE
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10" PIPELINE TBM: (t WEST BAKER ROAD,
PROFILE AT STA. 245 +59, ELEV. 21.86'
SCALE: 1"=50' HORIZ. ATAX SOMEW L. P.
1"=20' VERT. 9F hUNT014 TEXAS
DRS I SG I KCY 12 07 0 12 15 0
Air Products, L.P.
7201 Hamilton Boulevard +� ��
Allentown, PA 18195-1501
B PROPOSED 10" HYDROGEN PIPELINE CROSSING
WEST BAKER ROAD
HARRIS COUNTY,TEXAS
DRS KcY 1z�15�o4 AS NOTED 93 OPL —HA -0023 1PREV01
BY APP. DATE