Ordinance No. 10,375 ORDINANCE NO. 10,375
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE APPLICATION OF ENTERPRISE PRODUCTS
OPERATING, L.P., FOR A NEW PIPELINE TO BE CONSTRUCTED WITHIN
5,000 FEET OF TIIE CORPORATE LIMITS OF 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.
WHEREAS, Enterprise Products Operating, L.P., ("Enterprise") has submitted a pipeline
application for a new eight-inch pipeline within the public right-of-way of 1-10, approximately
thirty-five hundred feet east of the intersection of I-10 and State Highway 146, which is within
5,000 feet of the corporate limits of the City of Baytown (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/Utilities, 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, Texas, and based upon his
examination of the application 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 detennined that, based
upon the representations of Enterprise, the application meets all applicable provisions of Article
V of Chapter 34 of the Code of Ordinances of the City of Baytown, Texas, 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 establishes FIFTY
THOUSAND AND NO/100 DOLLARS (S50,000.00) as the amount of the bond or other form of
security satisfactory to the City required to be tendered prior to any construction, repair,
adjustment, relocation or replacement of a pipeline pursuant to Section 34-233 of the Code of
Ordinances, Baytown, Texas.
Section 2: That subject to the receipt of the bond required in Section 1 hereof, 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 Enterprise Products
Operating, L.P.
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 an indemnity agreement with
Enterprise Products Operating, L.P corresponding to the Pipeline.
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 vo of the City Council of the
City of Baytown this the 27th day of July, 2006.
STE EMI ONCARLOS, Mayor
Zity Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR. y Attorney
R:\Karen\Files\City Council\Ordinances\2006Uuly 27\NewPipelinePermits4EnterpriseProducts.doc
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Pipeline Permit Number: P-06-01
CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
Enterprise Products Operating L.P., a Delaware limited Partnership
Address: City: State: Zip:
P.O. Box 4324 Houston Tx 77210-4324
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: Pipeline Destination Point:
Enterprise Products Pipeline—Baytown,Tx. Enterprise Products East Storage—Mont Belvieu,Tx.
Affected Public Ways: Points Pipeline Crosses Public Ways:
The points at which the pipeline will run or cross any Public
Will cross 1-10 approximately Way are depicted in Exhibit "B," which is attached hereto and
3,500 Feet East of intersection incorporated herein for all intents and purposes.
of 1-10 and Hwy 146 Description of Pipeline:
The 8-inch pipeline used to transport refinery grade
propylene, is within the City of Baytown's ETJ. The pipeline
will include a maximum operating pressure of 2220 PSIG, a
normal operating pressure of 1440 PSIG, and has a minimum
yield strength of 65,000 PSI. The carrier pipe has an outside
diameter of 8.625 inches and a wall thickness of 0.219 inches.
The pipe will include fusion bonded epoxy coating and be API
5L X42.
This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the 27`h
day of July, 2006, 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 ,2006.
W.R. (BILL)PEDERSEN,P.E.
Director of Engineering
EXHIBIT A
Permit Number:
INDEMNITY AGREEMENT
STATE OF TEXAS
3
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, Enterprise
Products Operating L.P.,a Delaware limited partnership authorized to do business in the State of Texas,hereinafter
"Permittee," hereby agrees as follows:
PERIHTTEE AGREES TO AND SHALL INDEMNIFY, HOLD
ILIRMLESS AND DEFEND,THE CITY,ITS OFFICERS, AGENTS AND
EMPLOYEES, COLLECTIVELY REFERRED TO AS "CITY," FROM
AND AGAINST ANY AND ALL CLAIMS,LOSSES,DAIL--IGES,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
DAILAGE TO ANY PROPERTY, ARISING OUT OF OR IN
CONNECTION «'ITH THE CONSTRUCTION, MAINTENANCE,
OPERATION, REPAIR,REPLACEMENT,ADJUSTMENT OR REMOVAL
OF ANY PART OR ALL OF THE PIPELINE PERIHTTED HEREIN,
WHERE SUCH INJURIES. DEATHS OR DAMAGES ARE CAUSED BY
THE CONCURRENT NEGLIGENCE OF THE CITY AND PERMITTEE
A\'D/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
INDEILNITY PROVIDED FOR IN THIS PARAGRAPH IS AN
INDEMNITY BY PERiMITTEE TO INDENLNIFY, 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 CLALM,LOSS,DAMAGE,CAUSE OF ACTION,
SUIT AND LIABILITY `WHERE THE INJURY, DEATH OR DAILAGE
RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY UNMIXED
NVITH THE FAULT OF ANY OTHER PERSON OR ENTITY.
Indemnity Agreement, Page I
EXHIBIT n
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.
gt ff
SIGNED this Z, day of 200'�j
PERMITTEE
Enterprise Products Operating L.P.
Sian ture f Authori d Officer
f
Kyle L. Webster
Title: Agent and Attorney in Fact
Indemnitv Agreement. Pace 2
Permit Number —C'
CITY OF BAYTOWN
GARY JACKSON, City Manager
ATTEST:
GARY W. SINIfTH, City Clerk
STATE OF TEXAS
COUNTY OF HARRIS y
Before me, Linda K.Mathews,the undersigned notary public,on this day personally appeared Kyle L.
Webster, in his capacity as Agent and Attorney in Fact of Enterprise Products Operating L.P., on behalf of
such limited partnership
X 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 seal of office this day of ` 200�
LINDA K MATHEWS
Notary Pubic,State of Texas
MV comet ss%on Expires
July 09.2006
45tPublic in and for the State of Texas
Indemnity Agreement, Pape 3
CHAMBERS COUNTY, TEXAS
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CITY OF MONT BELVIEU & BAYTOWN APPROVED 8Y DATE. 05/02/06
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EXHIBIT
j CHAMBERS COUNTY, TEXAS MPH CAD FILE 8327-1C01