Ordinance No. 10,540ORDINANCE NO. 10,540
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PERMIT TO TEXAS PETROCHEMICALS, L.P., FOR
A NEW PIPELINE AND ESTABLISHING THE AMOUNT OF THE BOND;
AUTHORIZING AND DIRECTING THE ACTING DIRECTOR OF
ENGINEERING TO ISSUE PERMITS THEREFOR; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, Texas Petrochemicals, L.P., ("Texas Petrochemicals") has submitted two
pipeline applications for two new eighteen-inch pipelines within the rights-of-way of Bayway
Drive, Park Street, Ashby Street and North Main Street in an existing pipeline corridor
(hereinafter referred to as the "Pipelines"); 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 WorksIUtilities, and
tlie 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 applications and plans for the Pipelines, has issued reports to the City Council
recommending granting permits for the Pipelines; and
WHEREAS, the City Council has received such reports and has determined that, based
upon tlie represcntations of Texas Petrochen~icals, the applications meet 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, subject to receipt of the bond specified in Section 3 hereof, the City
Council of the City of Baytown hereby grants the pipeline permit, which is attached hereto as
Exhibit "A" and incorporated herein for all intents and purposes, to Texas Petrochemicals, L.P.,
for a new pipeline and authorizes and directs the Acting Director of Engineering to execute such
permit.
Section 2: That, subject to receipt of the bond specified in Section 3 hereof, 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 Texas Petrochemicals, L.P.,
corresponding to the pipeline.
Section 3: That the City Council of the City of Baytown hereby establishes ONE
HUNDRED FIFTY THOUSAND AND NO/ 100 DOLLARS ($1 50,000.00) as the amount of the
bond or other form of' security satisfactory to the City, which shall be tendered prior to any
construction, repair, adjustment, relocation or replacement of the pipelines pursuant to Section
34-233 of the Code of Ordinances, Baytown, Texas.
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/otje of the City Council of the
City of Baytown this the 8th day of February, 2007.
\ City Clerk
APPROVED Afc TO FORM:
iGNACIO RAMIREZ, SR., tijy Attorney
STEPHEN H.DONCARLOS, Mayor
R:\Karen\Files\City Council\Ordinances\2007\Fcbruary 8\NewPipelinePermits4TexasPetrocliemicals.doc
Exhibit "A"
Pipeline Permit Number: P-07-01
CITY OF BAYTOWN
PIPELINE PERMIT
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
This Pipeline Permit, issued by the Acting Director of Engineering after having been approved by the City Council on
the 8"1 day of February, 2007, 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 _8^_ day of February . 2007.
Joe Lysengen
Acting Director of Engineering
Permit Number: ?-
STATE OF TEXAS
COUNTY OF HARRIS
INDEMNITY AGREEMENT
§
§
§
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, Texas
Petrochemicals LP, a 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 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
WITH THE FAULT OF ANY OTHER PERSON OR ENTITY.
Indemnity Agreement. Page I
A
Permit Number: V L. I " LI
I'ailuiv of either party herein 10 insist on the strict performance of any of ihe abo\o-referenccd
ordinance requirements or ol" the indemnity contained hereinahove or 10 exorcise ain rights or remedies
.leaning ihereunder upon delimit or failure of performance shall not be considered a \\ai\er of the riiilu lo
uimm on and to enforce by an appropriate remedy, strict compliance with any other obligation hereimderorto
exercise an\ right or remed> occurring as a result of any future default or failure of performance.
This Agreement shall in all respects be interpreted and construed in accordance wiili ami »o\ erned by
ihe laws of the State ol'Toxas. regardless ol'lhc place oliis execution or perform n nee. The place of makinii
and ihe place of performance for all purposes shall he Baylown. I larris County. Texas.
All parlies agree that should am provision o\' this Agreement be determined 10 be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in
lull force and efleet.
I he officers executing this Agreement on behalf of the parties hereby represent that such officers have
full authority lo execute this Agreement and to bind the party he she represents.
SKiNHI) this fi:l1 day of November 2006.
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