Ordinance No. 11,306ORDINANCE NO. 11,306
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO AIR LIQUIDE LARGE
INDUSTRIES U.S. LP, TO INSTALL A NEW 20 -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, Air Liquide Large Industries U.S. LP. has submitted a pipeline application
for a new 20 -inch pipeline in an existing pipeline corridor in the City limits and its
extraterritorial jurisdiction (hereinafter referred to as the "Pipeline "); and
WHEREAS, the Interim 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 Air Liquide Large Industries U.S. LP, 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 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 pert-nit. which is attached hereto as
Exhibit "A" and incorporated herein for all intents and purposes, to Air Liquide Large Industries
U.S. LP, for the new pipeline described therein and authorizes and directs the Interim 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 Air Liquide Large Industries U.S. LP,
corresponding to the pipeline.
Section 3: That the City Council of the City of Baytown hereby establishes FIVE
MILLION AND NO/ 100 DOLLARS ($5,000.000.00) as the amount of the bond or other forth of
security satisfactory to the City. which shall be tendered prior to any construction, 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 I 1 to day of February. 2010.
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of the City Council of the
CARLOS, M
Exhibit "A"
Pipeline Permit Number: P -09 -02
CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
Air Liquide Large Industries, U.S. LP.
Address: City: State: Zip:
3560 West 12u' Street Houston Texas
Reason for permit:
X New Pipeline
0 Adjustment, relocation, replacement, movement of an existing pipeline to a position greater than fifty (50) feet from its
original position
Pipeline Origin Point:
Bayport, Tx.
feline Destination Point:
Port Arthur, Tx
Affected Public Ways:
Points Pipeline Crosses Public Ways:
9
Bayway Drive
The points at which the pipeline will run or cross any Public Way are
Park Street
depicted in Exhibit `A," which is attached hereto and incorporated herein for
Baker Road
all intents and purposes.
➢
Barkuloo Road
Description of Pipeline: Proposed Ordinance grants permit to Air Liquide
Ashby Street
Large Industries U.S. LP, for one new 20 -inch pipeline in an existing
Cedar -Bayou Lynchburg Road
pipeline corridor from Bayport, Texas heading east to Port Arthur, TX. The
y
E. Archer Road
new pipeline will cross under Bayway Drive, Park Street, Ashby Street,
➢
Emmett Hutto Blvd.
Cedar Bayou/Lynchburg Rd, Emmett Hutto Blvd, Baker Rd and N. Main
➢
Garth Road
Street. It will also cross under Barkuloo Rd, E. Archer Rd, Crosby /Cedar
>=
North Main Street
Bayou Road and Sjolander Rd which are outside city limits. The pipeline
Crosby Cedar Bayou Road
will carry hydrogen gas with a maximum operating pressure of 1100 PSIG
Sjolander Road
and be tested to a maximum1650 PSIG. The carrier pipe has an outside
diameter of 20.000 - inches and a wall thickness of 0.500- inches. The pipe
will be AP15L X 52 ERW pipe with 14 - 26 mils thick fusion bonded epoxy
coating. All street crossings will either be directionally bored or horizontal
directionally drilled no open cut will take place. The minimum yield strength
of the pipe is 52,000 PSI. It is recommended that the bond be set at
$5,000,000.00.
This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the 11th
day of February, 2010, 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 'B' and incorporated herein for all intents and purposes.
Permitte must notify City of Baytown Engineering and Fire Department 24 hours prior to starting in city limits.
This permit shall be valid for a period of thirty (30) years, commencing on the date of issuance indicated hereinbelow.
Issued this the 11" day of February.
Pete Lester
Interim Director of Engineering
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Permit Number: 2-C�Pj -OZ
INDEMNITY AGRE + NI TENT
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 "I iazardous Substances, Liquids and Gas Pipelines" of the Code of Ordinances of the
City of Baytown, which consideration and sufficiencytjltcreof is hereby acknowledged and received,
AIR LIQUIDS LARGE INDUSTRIES U. S.1~il i}pXKtKlblau
thorizcd to do business in the State of Texas,
hereinafter "Permiuce," hereby agrees as follows: partnership
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 A-ITORNEYS'
FEES FOR INJURY TO OR DEATII OF ANY PERSON, Olt FOR
DAMAGE TO ANY PROPERTY, ARISING OUT OF Olt IN
CONNECI'ION WITH THE CONSTRUCTION, MAINTENANCE,
OPERATION, REPAIR, REPLACEMENT, ADJUSTNIENT OR REMOVAL
OF ANY PART Olt ALL OF THE PIPELINE PER.NurCED HEREIN,
WIIERE SUCH INJURIES, DEATHS OR DAMAGES ARE CAUSED BY
THE CONCURRENT NEGLIGENCE OF THE CITY AND PERIMITTRE
AND /OR BY THE JOINT OR SOLE NEGLIGENCE OF THE
PERMITTEE. IT IS THE EXPRESSED INTENTION OF THE PARTIES
IiERETO, BOTH PERMITTEE AND THE CITY, THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS AN
I'YDEMNITY BY PERMITTEE TO INDEMNIFY, PROTECT AND
DEFEND THE CITY FROM THE CONSEQUENCES OF (I) THE CITY'S
OWN NEGLIGENCE, WHERE THAT NEGLIGENCE AND
PERAUTTEE'S NEGLIGENCE ARE CONCURRING CAUSES OF T111:
INJURY, DEATII OR DAMAGE; AND /OR (II) PERMI TEE'S JOINT
AND SOLE NEGLIGENCE. FURTHERMORE, THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO
A.11PLICATION TO ANY CLAIb1, LOSS, DADLIGE, CAUSE OF ACTION,
SUIT AND LIABILITY WHERE THE INJURY, DEATII OR DAMAGE
RESULTS FRONT THE SOLE NEGLIGENCE OF THE CITY UNMIXED
WITH THE FAULT OF ANY OTHER PERSON OR ENTITY.
jIlS#SlnnAy Aememm Page t
I Allihit 13
1'ernult Number: 169- oz
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 guvemcd 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 perforrnattce for all purposes shall be Baytown, HntTis 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 cffcct_
1'he officers executing this Agreement on behalf of die parties hereby represent that such officers have
full authority to exLeute this Agreement and to bind the party he /she represents.
t
SIGNED this %? day of o k- 11 e 1Z 200C'11
Indemnity Agreement. Page 2
t
kC(-vn n 11 I 11 71) j f- c
PERhm,rCE
Printed Na*
V"C
Title
Exhihii B
Permit Number: — a 2
CITY OF BAYTOWN
Garrison C. Brumback, City Manager
ATTEST:
Leticia Garza, City Clerk
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, , the undersigned notary public, on this day personally
appeared in his/her capacity as of
, 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 , 200_
Notary Public in and for the State of Texas
Indemnity Agreement, Page 3