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Ordinance No. 10,587ORDINANCE NO. 10,587 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING PERMITS TO ENTERPRISE GC, L.P., FOR TWO NEW PIPELINES AND ESTABLISHING THE AMOUNT OF EACH 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, Enterprise GC, L.P., ("Enterprise GC") has submitted two pipeline applications for two new eighteen-inch pipelines, which will cross under Bayway Drive, Park Street, Ashby Street, and the right-of-way of North Street in an existing pipeline corridor (hereinafter referred to as the "Pipelines"); and WHEREAS, the Acting Director of Engineering, based upon the assessment of the Acting 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 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 the representations of Enterprise GC, 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 bonds specified in Section 3 hereof, the City Council of the City of Baytown hereby grants the pipeline permits, which are attached hereto as Exhibits "A" and "B" and incorporated herein for all intents and purposes, to Enterprise GC, for the new pipelines described therein and authorizes and directs the Acting Director of Engineering to execute such permits. Section 2: That, subject to receipt of the bonds specified in Section 3 hereof, the City Council of the City of Baytown hereby authorizes and directs the Interim City Manager and the City Clerk to execute and attest to indemnity agreements with Enterprise GC, L.P., corresponding to the pipelines. Section 3: That the City Council of the City of Baytown hereby establishes FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) as the amount of each 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 vo^e of the City Council of the town this the 12lh day of April, 2007. STEPHEN H. DONCARLOS, Mayo/ LORRI COODV, City Clerk APPROVED AS TO FORM: iGNACIO RAMIREZ, SR., Cky Attorney R:\Karen\Files\Cily Council\Ordinances\20O7\April 12\NcwPipelincPermits4EnlcrpriscGC.doc Pipeline Permit Number: P-07-05 CITY OF BAYTOWN PIPELINE PERMIT Permittee's Name: Enterprise GC, L.P. Address: P.O. Box 4324 City: Houston State: Texas Zip: 77210 Reason for permit: X New Pipeline Q 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 Interim Director of Engineering after having been approved by the City Council on the 12th day of April, 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 tlie 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 , 2007. Joe Lysengen Interim Director of Engineering Permit Number: f' 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. Enterprise GC, L. P., 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 01) 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 EXHIBIT A Permit Number;*?*-CR-OS Failure of eitlier parly 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 perfonnance 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 hcreunder 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 parlies hereby represent that such officers have full authority to execute this Agreement mid to bind the party he/she represents. SIGNED this _j__ day of I ?{KJu ( y' , 200j? PERMITTEE Enterprise GC. I,.P. Company Name 'I (a ' \A Ma // Signature of Authorized Officer e I-IQe brief Printed Name -n't ciivf //frc/ey ~,/i-r^i/ 7 Indemnity Agreement. Page 2 ATTEST: Lorri Coody, City Clerk Permit Number:'? ' O~> - CITY OF BAYTOWN GARY JACKSON, City Manager STATE OF TEXAS COUNTY OF HARRIS , the undersigned notary public, on this day personally Before me, /Q Jc on if**-{ appeared V^.U L tu/b.sl -</ , in his/her capacity as JcTtv I r. i p (\, -,i; 6iC*, C-P ■ > on behalf of such corporation y known to me; proved to me on the oath of _;or proved to me through his/her current {description (Check one) 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} lo 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 }zn day of ^] ^.h-x-^a^^A , 200jy VV ;.. y HI Notary Public inland for the State oAJ'exasi •• £Oir ^ ""III „!«»»»" Indemnity Agreement. Page 3 18" PIPELINES PROPOSED ROUTE MAP FOR :V -w±.-.;.a-,,^-; Pipeline Permit Number: P-07-06 CITY OF BAYTOWN PIPELINE PERMIT Permittee's Name: Enterprise GC, L.P. Address: P.O. Box 4324 City: Houston State: Texas Zip: 77210 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 Interim Director of Engineering after having been approved by the City Council on the 12th day of April, 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 Pennit 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 , 2007. Joe Lysengen Interim Director of Engineering B Permit Number Y~ 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, Enterprise GC, L. P., 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 ATTORNEYS1 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. Agreement. Page I EXHIBIT A Permit Number : r- 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 i day of PERMITTEE Enterprise GC. L.P. Company Name Signature of Authorized Officer Printed Name q,vl' -//IT*cT Title Indemnity Agreement. Page 1 Permit Number ATTEST: Lorri Coody, City Clerk CITY OF BAYTOWN GARY JACKSON, City Manager STATE OF TEXAS COUNTY OF HARRIS Before me, (si appeared KyU L- § § § £nC . L-^ • _, the undersigned notary public, on this day personally g p in his/licr capacity as {Sc<>,\V ■> known to me; proved to me on the oath of proved to me through his/her current py { , on behalf of such corporation :or (Check one) ; {description of identification card or other document issued by the federal government or any slate government that contains the photograph and signature of the acknowledging person} lo be the executed person whose name is subscribed to the foregoing instrument, mid acknowledged to me thai he/she that instrument for the purposes and consideration therein expressed. ^ 10 S/J ' purposes and consideration therein expressed Given under my hand and seal of office this )6~f day of "7 * Notary Public in am Indemnity Agreement. Page 3 B