Ordinance No. 11,602ORDINANCE NO. 11,602
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO TPC GROUP, LLC, TO
INSTALL A NEW SIX -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, TPC Group, LLC, has submitted a pipeline application for a new six -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 TPC Group, 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 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 TPC Group, 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 TPC Group, LLC, corresponding to
the pipeline.
Section 3: That the City Council of the City of Baytown hereby establishes FIFTY
THOUSAND AND NO 1100 DOLLARS ($50,000.00) as the amount of the 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 pipeline pursuant to Section 34 -233 of the Code of
Ordinances, Baytown, Texas.
Section 4: This Ordinance shall take effect ilt'llnediately from and after its passage by
the City Council ofthe Clity oaf' Baylown.
INTROl. UCED, RF'AD, and PASS by the affirmativ7ev �fe of' the Cily Council ot, the
Cit
, y of Baytown this the 10"' day of Nlarch, 2011
StFlPll Il.l" N 11, DONCARLOS, Mayor
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APPROVED AS TO FORM-
.1,1r,A�C., 0 RAMIREZ, SR., City llorney
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Exhibit "A"
Pipeline Permit Number: P -11 -01
CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
TPC Group, LLC.
Address:
City:
State:
Zip:
8600 Park Place Blvd.
Houston
Texas
77017
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:
ExxonMovil Pipeline Corridor
Pipeline Destination Point:
TPC Group, LLC Facility, Baytown TX
Affected Public Ways:
Points Pipeline Crosses Public Ways:
➢ Baker Road
The points at which the pipeline will run or cross any Public
Way are depicted in Exhibit "B," which is attached hereto and
incorporated herein for all intents and purposes.
Description of Pipeline:
The 6 -inch pipeline used to transport chemical grade
propylene, in an existing pipeline corridor within both the city
limits and the ETJ. The pipeline will include a maximum
operating pressure of 1600 PSI, a minimum test pressure of
1544 PSI, and have minimum yield strength of 42,000 PSI.
The carrier pipe has an outside diameter of 6.625 inches and
a wall thickness of 0.280 inches. The will be API 51- X 42
ERW pipe with a fusion bond epoxy coating.
This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the 8a'
day of April, 2004, 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 March 2011.
Jose A. Pastrana, P.E.
Director of Engineering
F:1Ku=\Fi1es\Emergeney Managemcm\Pipeline Regulatory FomulnvistaPipelinePern iLdoc
Exhibit "A"
Permit Number;
MEMNM 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 Ba�rtOwn, which consideration and sufficiency thereof is hereby acknowledged and received,
/'o,.t . , L L C— , 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, REPAIK 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. fT 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.
177-1, M. MY, 7,711 On]
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 malting
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 detennined 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 ofthe parties hereby represent that such officers have
full authority to execute this Agreement and to bind the party he/she represents.
SIGNED this � day of /' Lc.a r Y .20-Y.
PERhUTME
1117� 6 "UP
Company Name
IV.
L lS 9C7Z
Printed Name
Title
2
Permit Number:
CITY OF BAYTOWN
Robert D. Leiper, City Manager
ATTEST:
Leticia Garza, City Clerk
STATE OF TEXAS
COUNTY OF HARRIS
Before , the undersigned notary ppP�blic, on this day personally
appeared in his/her capacity as o�A. ° of
Q L-4. , on behalf of such corporation IF
known to me;
proved to me on the oath of ; or
C proved to me through his/her current 7-2D -L—
(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.
Oiven under my hand and seal of office this "*4day of P200- 11
Notary Public In#d for the State of Texas
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