Ordinance No. 10,688ORDINANCE NO. 10,688
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO MONT BELVIEU CAVERNS,
LLC,FORONE NEW 16-INCH PIPELINE IN AN EXISTING PIPELINE
CORRIDOR; ESTABLISHING THE AMOUNT OF THE BOND;
AUTHORIZING AND DIRECTING THE ACTING DIRECTOR OF
ENGINEERING TO ISSUE THE PERMIT THEREFOR; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, Mont Belvieu Caverns, LLC, ("Mont Belvieu Caverns") has submitted a
pipeline application for one new 16-inch pipeline in an existing pipeline corridor in the City's
extraterritorial jurisdiction (hereinafter referred to as the "Pipeline"); 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 Mont Belvieu Caverns, 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 permit, which is attached hereto as
Exhibit "A" and incorporated herein for all intents and purposes, to Mont Belvieu Caverns, LLC,
for the new pipeline 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 Mont Belvieu Caverns, LLC,
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 vote of the City Council of the
City of Baytown this the 23rd day of August, 2007.
ATTE
BRANDON CAPETILLO, Mayor Pro Tern
LORRI CO
APPROVED AS TO FO
ACIO RAMIREZ, SR., City Mt>rney
R:\Karen\Fi\cs\Cily Council\Ordinanccs\2007\August 23\NewPipclincPermil4MonlBclvicuCavenis.doc
Pipeline Permit Number: P-07-10
CITY OF BAYTOWN
PIPELINE PERMIT
Reason for permit:
X New Pipeline
D 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 Director of Engineering after having been approved by the City Council on the
23rd day of August, 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 hcreinbelow.
Issued this the day of _, 2007.
Richard D. Carter, P.E.
Interim Director of Engineering
A
Permit Number: V-
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 thereofis hereby acknowledged and received, Mont Belvieu
Caverns. LLC. a Delaware limited liability company 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 Aereemem. Page I
A
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 JJ_ day of \)OaZ , 2007
PERMITTEE
Mont Belvieu Caverns. LLC
Company Name
Signature of Authorized Officer
Printed Name
g/Jj
Indemnity Agreement. Page 2
Permit Number: . P-07-ID
CITY OF BAYTOWN
ATTEST:
JACKSON, City Manager
• known to me;
proved to me on the oath of
, the undersigned notary public, on this day personally
his/her capacity as An«~t^J a^j,^■ .•-■ fi%^r of
, on behalf of such corporation
_;or
(Check one)
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}
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she
executed thai instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this ii"' day of
MHCOWIDTAUSEND • , '"^ PuWe. Sbk al Toss **"tannksion Expires OHMS
.2002.
Notary Public in and for the State of Texas
c:Vklh24\emergencymgmi\Permiilcelndcninity.Agtcemenl
Indemnity Agreement. Page 3
EX
H
I
B
I
T
B
PR
O
P
O
S
E
D
RO
U
T
E
OF
16
-
I
N
C
H
PI
P
E
L
I
N
E