Ordinance No. 10,376ORDINANCE NO. 10,376
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE APPLICATION OF TE PRODUCTS PIPELINE
COMPANY, LIMITED PARTNERSHIP. FOR A NEW PIPELINE TO BE
CONSTRUCTED WITHIN 5,000 FEET OF THE 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, TE Products Pipeline Company, Limited Partnership, ( "TE Pipeline ") has
submitted a pipeline application for a new twenty-inch pipeline crossing under I -10,
approximately thirty-five hundred feet east of the intersection of 1 -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 determined that, based
upon the representations of TE Pipeline, 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 (550,000.00) 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 TE Products
Pipeline Company, Limited Partnership.
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
TE Products Pipeline Company, Limited Partnership, 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 affirmatT vote of the City Council of the
City of Baytown this the 271h day of July, 2006.
LORRIZOW)Yt City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., CU Attorney
DONCARLOS, M. ayor
RAKaren\Files\City CouncihOrdinances\2006Wly 27\Neu• PipelinePerntits4TEPipeline.doc
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Pipeline Permit Number: P -06 -02
CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
TE Products Pipeline Company, Limited Partnership. a Delaware limited partnership.
Address: City: State: Zip:
P.O. Box 221 Houston Tx 77252 -2521
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:
TEPPCO Plant — Mont Belvieu, Texas.
Pipeline Destination Point:
TEPPCO Tank Farm — Baytown
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 20 -inch pipeline used to transport propane, natural
gasoline, isobutene, and normal butane, 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
60,000 PSI. The carrier pipe has an outside diameter of
20.000 inches and a wall thickness of 0.500 inches. The pipe
will include fusion bonded epoxy coating and be API 5L X60.
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.
N.R. (BILL) PEDERSEN, P.E.
Director of Engineering
EXHIBIT A
Permit Number: '0LC -0,�-
INDEMNITY AGREEMENT
STATE OF TEXAS
COL NI TY OF HARRIS
For and in consideration of the Cite of Baytown issuing a permit in accordance with Chapter 34
"Environment." Article V "Hazardous Substances. Liquids and Gas Pipelines" ofthe Code of Ordinances of the
City of Baytown. which consideration and sufficiency thereof is hereby ackno,,vled-ed and received, TE Products
Pipeline Company. Limited Partnership. a Delaware limited partnership authorized to do business in the State of
Texas, hereinafter "Permittee," 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 A_N'D 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
DANIAGE TO ANY PROPERTY, ARISING OUT OF OR IN
CONNECTION WITH THE CONSTRUCTION, MAINTENANCE,
OPERATION, REPAIR, REPLACEMENT, ADJUSTMENT OR REMOVAL
OF ANN' PART OR ALL OF THE PIPELINE PER`IITTED HEREIN,
WHERE SUCH INJURIES, DEATHS OR DAMAGES ARE CAUSED BY
THE CONCURRENT NEGLIGENCE OF THE CITY AND PERNIITTEE
AND /OR BY THE JOINT OR SOLE NEGLIGENCE OF THE
PER-MITTEE. IT IS THE EXPRESSED INTENTION OF THE PARTIES
HERETO, BOTH PE• WMITTEE AND THE CITY, THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS AN
INDEMNITY BY PERMITTEE TO INDEN-INIFY, 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) PERIIITTEE'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 LI_ABILITY WHERE THE INJURY, DEATH OR DAMAGE
RESULTS FROM THE SOLE NEGLIGENCE OF THE CIT t' UNMIXED
WITH THE FAULT OF ANY OTHER PERSON OR ENTITY.
Indemnitv Agreement Pale I
EXHIBIT A
Permit dumber: -C (,"C-D-
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 lz,.v S . 2o�.�
PEIZNIITTEE
TE Products Pipeline Company,
Limited Partnership, by TEPPCO
GP. Inc. general partner
Signature of Authorized Officer
Michael D. Brown
Title: Anent and Attorney In Fact
Indemnitv Agreement Pace 2
Permit Number:
CITY OF BAYTOWN
GARY JACKSON, City Manager
ATTEST:
GARY W. SMITH. City Clerk
STATE OF TEXAS S
3
COUNTY OF HARRIS 5
Before me, Deborah A. Smith. the undersigned notary public, on this day personally appeared Michael
D. Brown, in his capacity as Agent and Attorney in Fact of TE Products Pipeline Company, Limited
Partnership. on behalf of such limited partnership
X known to me:
(Check one)
proved to me on the oath of
to me through his/her current
proved
{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}
or
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 2 �tday of J 200
DEBORAH A. SMITH
Notary Public, State of Texas
Nly Commission =Expires
July 12, 2006
c: Ud h2-Pemcrg encymm tPermitteelndemnity.Aereemcnt
Indemnitv AgreemenC Page 3
Notary Public in and for the State of Texas
03
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CHAMBERS COUNTY, TEXAS EXHIBIT APPROVED ECO Owc, No
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