Ordinance No. 11,270ORDINANCE NO. 11,270
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO HSC PIPELINE
PARTNERSHIP. LLC, TO INSTALL A NEW 8 -INCH PIPELINE 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, I-ISC Pipeline Partnership, LLC, has submitted a pipeline application for a
new 8 -inch pipeline in an existing pipeline corridor in the City limits and its extraterritorial
jurisdiction (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 permit for the Pipeline; and
WHEREAS, the City Council has received such reports and has determined that, based
upon the representations of HSC Pipeline Partnership, LLC, 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 l: 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 HSC Pipeline Partnership,
LLC, for the new pipeline described therein and authorizes and directs the Director of
Engineering to execute such permit.
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 an indemnity agreement with HSC Pipeline Partnership. LLC,
corresponding to the pipeline.
Section 3: That the City Council of the City of Baytown hereby establishes FIFTY
THOUSAND AND NO /100 DOLLARS (S50.000.00) as the amount of the bond or other form of
security satisfactory to the City. which shall be tendered prior to any constriction, repair,
adjustment, relocation or replacement of the pipeline 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
City of Baytown this the 10 °i day of December, 2009. ,
PYTO WN
L C%IG„ikZ �ily t * **
APPR To rORM:
ACIO RAMIREZ. SR., Cit .- ttorney
S
RAKarenWileslCity Council \Ordinances120091December I0\Nc% Pipe1inePermit4HSC.doc
7
e of the City Council of the
CARLOS,
Exhibit "A"
Pipeline Permit Number: P- 09 -001
CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
HSC Partnership, LLC
Address:
City:
State:
Zip:
PO Box 4324
Houston
Texas
77210
Reason for permit:
New Pipeline
n Adjustment, relocation, replacement, movement of an existing pipeline to a position greater than
fifty (50) feet from its original position
Pipeline Origin Point:
Mont Belvieu, Texas
Pipeline Destination Point:
Chambers County, Texas
Affected Public Ways:
Points Pipeline Crosses Public Ways:
• 1 -10
1 -10
Needlepoint Road
Description of Pipeline:
8" pipeline used to transport the natural gas liquids form an
existing pipeline at the end of Wallace Road Chambers County
Texas, The route will be through the ETJ of the City of
Baytown as shown in Exhibit "B ", which is attached hereto
and incorporated herein for all intents and purposes
This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council
on the 10`'' day of December 2009, 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 2009.
DICK CARTER, P.E.
Director of Engineering
RAKarcn \Files\Emergency ManagementTipclinc Regulmory Fomu\ N owl' ipeline Perm it Exxon MobilCorporation .doc
Permit, Page Solo
Exhibit "A"
Permit Number: P)- O9- OOj
INDEININITY AGREEMENT
STATE OF TEXAS
3
COUNTY OF HARRIS
For and in consideration of the City of Baytown issuing a permit in accordance with Chapter 34
°l:nviromnent," 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,
N �', �� �zlt ► hC1� i1� YSI� �LLU . a corporation authorized to do business in the State of Texas.
hereinafter "Pcrmittee," hereby agrees as follows:
MtNMITTEE :AGREES TO AND SHALL INDEiNINIFY, HOLD
HARi<1LESS AND DEFEND, THE CITY, ITS OFFICERS, AGENTS AND
EMPLOYEES, COLLECTIVELY REFERRED TO AS "CITY," FROM
:AND AGAINST ANY AND ALI, CLAIMS, LOSSES, DAMAGES, CAUSES
OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING
ALL EXPENSES Oh 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, MAINTENAINCE,
OPERATION, REPAIR, REPLACEtMENT, ADJUSTMENT OR RElmOVAL.
OF :ANY PART OR ALL OF THE PIPELINE PERMITTED HEREIN,
WHERI: SUCH INJURIES, DEATHS OR DAMAGES ARE CAUSED BY
THE CONCURRENT NEGLIGENCE OF THE CITY :AND PERNMITTF.E
AND /OR BY THE JOINT OR SOLE NEGLIGENCE OF THE
PERMITTEE. IT IS THE EXPRESSED INTENTION OF TILE PARTIES
HERETO, BOTH PERMITTEE AND THE CITY, THAT THE
INDEi\INITY PROVIDED FOR IN THIS PARAGRAPH IS AN
INDEMNITY 13Y PER-MITTEE 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
IMURY, DEATH OR DAMAGE; AND /OR (11) PERMITTEE'S ,JOINT
AND SOLE NEGLIGENCE. FURTHERMORE, -[-HE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO
APPLICATION TO ANY CLAIM, LOSS, DAMAGE, CAUSE OFACTIO,N',
StAT AND LIABILITY NIIERE TIIE INJURY, DE.,vr11 OR DAMAGE
RESULTS FROM THE SOLI: NEGLIGENCE OF THE CITY UNMIXED
WITH THE FAULT OF ANY OTHER PERSON OR ENTITY.
Indemnity ALrccmcnt, Noe I
Permit .Number: P- 09 - e of
Failure of either party hereto to insist on the strict performance of any of the above- rel'erenced
ordinance requirements or of the indemnity contained hereinabove or to exercise any rights or remedies
accruing thereunder upon default or failure of perfonimnce shall not he considered a waiver of the right to
insist on and to enforce by an appropriate remedy, strict compliance wIill any other obligation hereunder or to
exercise any right or remedy occurring as a result ofany future default or failure of performance.
-['his Agreement shall in all respects be interpreted and conttnred in accordance with and governed by
the laws of the State ofTexas, regardless of the place of its execution or performance. The place of making
and the place of performance far all purposes shall be Baytown, i lan•is County, Texas.
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall riot affect any other term of this Agreement, which shall continue in
Cull force and effect.
The officers executing this Agreement on behalfofthc parties hereby represent that such officers have
full authority to execute this Agreement and to bind the party he/she represents.
7t /
SIGNED this Ll day of ? 20LY
T-
PER.NIITTEE
Company Parne
Signature of Authorized Officer
1�, I I e- k - tvt�,��>
Printed Name
ride
Indemnity Agreement, fa_e 2
Aft
Permit Number: :P-bq -co)
CITY Of BAYTOWW
GARRISON C. BRUMBACK, City Manager
L.EI-ICIA GAR7_A, Interim City Clerk
STATE- OF TEXAS
COUNTY OF HARRIS
riefore me, -Q Q RUh the undersigned notary public, on this day personally
appeared in his/her capacity as ZiAf i AI of ivq -tom i-of
Lt_LC, on behalfol'such corporafton
known to me;
proved to me on the oath of : or
proved to nee through his /ber current' [4,W:S DriL-ers L-ae'lS'e,
,description of identification card or other document issued by the lcdcral government or any
state government that contains the photograph and signature of the acknowledging person;
(Check one)
to be the person whose nano is subscribed to the foregoing instnnnent, and acknowledged to me that he /she
executed that instrument for the purposes and consideration therein expressed.
t
?l)Given under my hand and seal of oltcc this day of i •YYl Y �
�- _ •_ >_- u- --= ���a, �: �
2A,
G. PATTON
�tr d
T.):31 l Notary Publi i an for the State of Texas
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lnticnmin•:\urcemcnt, Page 3
Exhibit "B"
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