Ordinance No. 10,763 ORDINANCE NO. 10,763
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING PIPELINE PERMITS TO ENTERPRISE PRODUCTS
TEXAS OPERATING, LLC, FOR TWO NEW 6-INCH PIPELINES IN AN
EXISTING PIPELINE CORRIDOR; ESTABLISHING THE AMOUNT OF THE
BOND; AUTHORIZING AND DIRECTING THE DIRECTOR OF
ENGINEERING TO ISSUE THE PERMIT THEREFOR; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, Enterprise Products Texas Operating, LLC, has submitted pipeline
applications for two new 6-inch pipelines in an existing pipeline corridor in the City's
extraterritorial jurisdiction (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 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 Products Texas Operating, LLC, 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
Products Texas Operating, LLC, for the new pipelines described therein and authorizes and
directs the 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 City Manager and the City
Clerk to execute and attest to indemnity agreements with Enterprise Products Texas Operating,
LLC, corresponding to the pipelines.
Section 3: That the City Council of the City of Baytown hereby establishes TWO
HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00) 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 e of the City Council of the
City of Baytown this the 19"' day of November, 2007.
STEP E H. DONCARLO , Mayor
A
LORRI COODY, ity Clerk
APPROVED AS T FORM:
ACIO RAM IREZ, SR.,�dihAttorney
R:\Karen\Files\C'ily Council\Ordinances\2007\November 19\NewPipelinePermil4EnterpriseProductsTcxasOperatingLLC.doe
2
Exhibit "A" Pipeline Permit Number: P-07-14
CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
Enterprise Products Texas Operating LLC.
Address: City: State: Zip:
P.O. Box 4735, Room 646 Houston Texas 77210-4735
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:
South line of Teppco Baytown Occidental pipeline corridor
Storage Facility
Affected Public Ways: Points Pipeline Crosses Public Wags:
Baker Road The points at which the pipeline will run or cross any Public
Decker Drive Way are depicted in Exhibit "B," which is attached hereto and
incorporated herein for all intents and purposes.
Description of Pipeline:
The two 6-inch pipelines used to transport propane and
normal butane, in an existing pipeline corridor within the city
limits. The pipeline will include a maximum operating
pressure of 2282 PSIG, a minimum test pressure of 2769
PSIG, and have a minimum yield strength of 60,000 PSI. The
carrier pipe has an outside diameter of 6.625 inches and a
wall thickness of 0.250 inches. The pipe will include 14-16
mils fusion bond epoxy coating and be API 5L X 60 ERW
type.
This Pipeline Permit,issued by the Director of Engineering after having been approved by the City Council on the 19th
day of November, 2007, grants Permittee the privilege to construct, operate, repair and maintain the proposed pipeline
described in and in accordance with Permittce's application, filed with the Director of Engineering. The issuance of this
Pipeline Permit is expressly contingent upon Pcrmittee'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 November,2007.
Richard E.Carter,P.E.
Director of Engineering
FAKarcriTilesTincrgency Management+Pipeline Regulatory Fornu ImistaPipelinePerntit.doc
Exhibit"A"
Permit Number: _Q - 14
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
Products Texas Operating LLC, a corporation 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 1S 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
G WITH THE FAULT OF ANY OTHER PERSON OR ENTITY.
Indemnity Agreement.Page I
I
Exhibit "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.
I �i1
SIGNED this L` day of ) i�04 t jmk ell 2007.
PERMITTEE
ENTERPRISE PRODUCTS TEXAS OPERATING LLC
Company Name
1/4 �.
IN
Signature of Authorized Officer
Kyle L. Webster
Printed Name
Agent and Attorney-in-Fact
Title
Indemnify Agreement,Page 2
Exhibit"A"
Permit Number:
CITY OF BAYTOWN
Garrison C. Brumback,City Manager
ATTEST:
Lorri Coody, City Clerk
STATE OF TEXAS §
§
COUNTY OF HARRIS §
Before me, 5�►e�1�C , �A{nn , the undersigned notary public, on this day personally
appeared Ky 1,e k. W, bs_k4, in his/her capacity as ASent and lHorty,,_iK-V6-+of
GAAt,rrame. Trcdu[.4s Teyn s Opgrati ru Uz, ,on behalf of such corporation
✓ 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_3? 2001
SHELLY C. PATTON
* �-* NOTARY PUBLIC,STATE O
,� GAYCOlAM18810Nt?XPt ar�Public in and o e State of Texas
ti 9jkOF NOV. 29, 2008 1
c:lklh24kmergencymgmt\Pennineelndcmnity.Agreement
Indegtniry Agreement_Page 3
use,,,'•. }�� EE
.:Sri .� '• :�.;�;�:':;:.'�r i` .? '., 'r '`.•�', ,"'.f 1 y�• .
[[,� '7+1 dI � -^—1 I A f rf��s µ� inn �, ������� $ � •4-¢w �a{�( R�t� ' I��-
T]M- �'ti9=• .•.:.zts • ... r +'� i'fr fr"�}' /�� '� ate,• .� � r� ,.�•1
•s �` - c '
'„ f .. • ; _ h,r�x'�3 ._�,.�Ir)•ice, -� .. k .r•�
�,�•�,1 S�� 1 �� I ` �Y�' M y F•� YA �sl 1 —.1h I . �,f f
Pill,
'1 •..�" ,�'.: !'�:.. ,�e'�'r.'!eIl'�¢' .aa�1 ..fia%c.,,. �•_ ,a..:-4 ' - - -' Wr
[ a i� •w r"�.. - �} I � � a W1F � f b•e r •/ � F� �•,T
ij.
CD
�., .Y,;. "f'• 'z '�' / _' ti. �� `3 s'��a �;„� ^� .e fir,.
'^ i 'i: L f •. 000
.f ppAw
IF
•,�. ,` ,l ;,: •� . �•�� t rid:'fix �i
t$ t m
Exhibit "B"
�. � '?.. •�. ��, •�,• tit ! '• _�.■�+ !! '
Exhibit "B" Pipeline Permit Number: P-07-15
CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
Enterprise Products Texas Operating LLC.
Address: City: State: Zip:
P.O. Box 4735, Room 646 Houston Texas 77210-4735
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:
South line of Teppco Baytown Occidental pipeline corridor
Storage Facility
Affected Public Ways: Points Pipeline Crosses Public W ys:
➢ Baker Road The points at which the pipeline will run or cross any Public
➢ Decker Drive Way are depicted in Exhibit "B," which is attached hereto and
incorporated herein for all intents and purposes.
Description of Pipeline:
The two 6-inch pipelines used to transport propane and
normal butane, in an existing pipeline corridor within the city
limits. The pipeline will include a maximum operating
pressure of 2282 PSIG, a minimum test pressure of 2769
PSIG, and have a minimum yield strength of 60,000 PSI. The
carrier pipe has an outside diameter of 6.625 inches and a
wall thickness of 0.250 inches. The pipe will include 14-16
mils fusion bond epoxy coating and be API 5L X 60 ERW
type.
This Pipeline Permit,issued by the Director of Engineering after having been approved by the City Council on the 19ih
day of November, 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 Pcrmittee'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 November,2007.
Richard E.Carter,P.E.
Director of Engineering
FAKarenfFilesTmergency ManagementTipeline Regulatory Fornu\rm•istaPipclinePormit.doc
Exhibit "A"
Permit Number:
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"ofthe Code ofOrdinances of the
City of Baytown, which consideration and sufficiency thereof is hereby acknowledged and received, Enterprise
Products Texas Operating LLC, a corporation authorized to do business in the State of Texas, hereinafter
"Permittce,"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(1)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.
IndeMnityagreement,Page I
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.
III L 1
SIGNED this day of ) q4 eonb P( ,2007.
PERM17 TEE
ENTERPRISE PRODUCTS TEXAS OPERATING LLC
Company Name
_ktA P".
Signature of Authorized Officer
Kyle L. Webster
Printed Name
Agent and At o e -in-Fact
Title
Indemnity Agreement,Page 2
Permit Number:
CITY OF BAYTOWN
Garrison C. Brumback, City Manager
ATTEST:
Lord Coody,City Clerk
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, _SkeIL4 C . -Pa Von , the undersigned notary public, on this day personally
appeared i~U I e U, -le.r in his/her capacity as Men+ and AW rrw y-i x-V6 +of
GnUy- rL-& Irealuds TQ�xns Qpgenfi nna LLC, ,on behalf of such corporation
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__L��day of SPA rn 6tw- ,200 7
�fr�:r✓..ter..✓,r✓.��:..:•:iY./lrr./Y.�
l�e
SHELLY C. PATTON NOTARY PUBLIC.STATE O
e Te
MYCOrdMISSION@XPI a Public in and o State of xas
NOV. 29. 2008
go
c:%lh24kmergeneymgmtlPennineetndemn4.Aµ Bement
Indemnity Agreement,Page 3
` -
PROPOSED 6 PROPANE PIPELINE
AT
Ep
..i�a� ?M Y-• _`, �i�� .r ` (' �+.� �1• �.�, /. � �� '1�� '� yam•
�. �.e �� \�. � �fO 11111///11 �r �_ t � Y ���s .�+� y.Y...�• re
`�,: .��. _ .rP S 'may ` r •i ■10
--��--r.�`"-.'�:_-�s^.-::.:_ �vz-�:`@� ��y�.!�a. -�., _ ..y - -1J J/� • _ r �R��A'T:c.�<_....- 'ems•• -
Yt
94
AW
tA
�,c�ti. +r- :sr_ ill �• � - � �� --
1 • 1 .#v w �... .a,