Ordinance No. 10,153ORDINANCE NO. 10,153
AN ORDINANCE APPROVING THE APPLICATION OF EXXON MOBIL
tCORPORATION FOR A NEW PIPELINE TO BE CONSTRUCTED WITHIN THE
CITY OF BAYTOWN; AUTHORIZING AND DIRECTING THE DIRECTOR OF
ENGINEERING TO ISSUE A PERMIT THEREFOR; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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WHEREAS, Exxon Mobil Corporation ( "ExxonMobil ") has submitted a pipeline application for
a new 8 -inch pipeline over Bayway Drive in an existing pipeline corridor (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
WHEREAS, the City Council has received such report and has determined that, based upon the
representations of ExxonMobil, 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 Exxon
Mobil Corporation.
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 an indemnity agreement with Exxon Mobil
Corporation 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 8`h day of September, 2005.
CALVIN MUNDINGER, Mayor
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., Attorney
RAKaren \Files \City Council \Ordinances 5\ Septembers\ NewPipelinePermitExxonMobil.doc
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Pipeline Permit Number:
CITY OF BA.YTOWN
PIPELINE PERMIT
Permittee's Name:
Exxon Mobil Corporation
Address:
City:
State:
Zip:
P.O. Box 3950
Baytown
Texas
77522
Reason for permit:
0 New Pipeline
G Adjustment, relocation, replacement, movement of an existing pipeline to a position greater than
fifty (50) feet from its original position
Pipeline Origin Point:
Pump Group 4 Area
Pipeline Destination Point:
Exxon Mobil's Dock I
Affected Public Ways:
Points Pipeline Crosses Public Ways:
The points at which pipeline will run or cross any Public Way
• Bayway Drive
are depicted in Exhibit "B," which is attached hereto and
incorporated herein for all intents and purposes.
Description of Pipeline:
Eight -inch (8 ") pipeline will carry industrial grade severely
refined mineral oil with a maximum operating pressure of 200
PSIG and a normal operating pressure of 130 PSIG. The
carrier pipe has an outside diameter of eight inches and a wall
thickness of 0.322- inches. The pipe will include a three part
epoxy coating with a minimum coating thickness of 15 mils.
The minimum yield strength of the pipe is 60 KSI. The
pipeline is more particularly described in the Permittee's
application, which is made a part hereof for all intents and
purposes by this reference.
This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council
on the S'" day of September, 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 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 12005.
• BILL PEDERSEN, P.E.
Director of Engineering
R:1KarenWileslEmergency ManagementTipeline Regulatory FormsM VewPipeIine Permit ExxonilitobilCorporation .doc
Permit, Page Solo EMU A
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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 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,
Xmn &&6;1 ('.o)- 12,.!) ►—a fj o rl__ , a corporation authorized to do business in the State of Texas,
hereinafter "Perrnittee," 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, ADJUSTl1IIENT OR REMOVAL
OF ANY PART OR ALL OF THE PIPELINE PERMITTED HEREIN,
WHERE SUCH INJURIES, DEATHS OR DAiYIAGES 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 PERMMITTEE 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. FURTHERNIORE, 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.
Indemnin, A4reement, Page I MMIT A
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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 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
Indemnity A neement, Page 2
20
PERMiTTEE
EXXO✓t 1146 4 Cor ppr-g f oYI
Compagy Name
7 -
Signature of Authorized Officer �G-
CAris W Cric.kse> Y7
Printed Name
Bay -wr Revery �YlQllager'
Title
0
Permit Number:
CITY OF BAYTOWN
GARY JACKSON, City Manager
ATTEST:
GARY W. SMITH, City Clerk
STATE OF TEXAS
COUNTY OF HARRIS
Before me, T Y1J LO. e ck , the undersigned notary ublic, tt�is day personally
appeared S W . So in his/her capacity as .0c a crof
�
o �o Po A-v ,' , on behalf of such corporatio
c� known to me;
proved to me on the oath of ; or
proved to me through his/her current -11)1- 02D2 40 19
{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 seal of office this day of 200 -
JANET W. F!_ETCHER
gar ' MY COMMISSION EXPIRES C tr
:; Jtty 11, 2009
• o ary ublic in and for the State of Texas
cAklh24%emergeno m&nnt\Permittee Indemn ity.Agreement
Indemnity A2teement, Page 3