Ordinance No. 11,625ORDINANCE NO. 11,625
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO HSC PIPELINE
PARTNERSHIP, LLC, TO REPLACE 1400 FEET OF 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.
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WHEREAS, HSC Pipeline Partnership, LLC, has submitted a pipeline application to
replace 1400 feet of 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 report 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 1: That, subject to receipt of the bond 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 bond 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 N0 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 ordimance shall to effect iminc(liately from and after its passage by
the City Council of tile City of Baytown,
INTRODUCE'l), READ,, and PASSED by the affirmative
City ofBaytown this the 14Th day ofApril, 2011
NMI=
ATNST.
LF"'I"ICIA SCH, (� �tClerk
AIIIIN)VED ASTO FORM:
�J ACIO RAM110--Y, SR., C V Itorney
I ;� i
of the Civv Council of tile
DONC,ARLOS, Mayor
2
Exhibit "A"
Pipeline Permit Number: P -11 -02
CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
HSC Pipeline Partnership;, LLC
Address: City: State: Zip:
P.O. Box 4324 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:
ExxonMobil Pipeline Corridor
Pipeline Destination Point:
ExxonMobil Corridor
Affected Public Ways:
Points Pipeline Crosses Public Ways:
Bayway Drive
The points at which the pipeline will run or cross any Public
➢ Ashby Street
Way are depicted in Exhibit "B," which is attached hereto and
D Park Street
incorporated herein for all intents and purposes.
Description of Pipeline:
The 8 -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 1440 PSI, normal operating pressure of
1300PS1, 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 5L X 42
carbon steel 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 14'x'
day of April 2011, 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 14 day of April 2011.
Jose A. Pastrana, P.E.
Director of Engineering
F:lxaten\Files\E=Wncy MampmewTipdine Rcoalary Fontts\1nvistaPipe1inePennit.doc
Exhibit "A"
Permit Number: %-UZ
INDEMNITY AGREEMENT
STATE OI- TEXAS
COUNTY O1- HARRIS
For and in considcration pit' the Cite of Baytown issuing a permit in accordance with Chapter 34
" Envirorttnent." Article V "I Eazardous Substances. Liquids and Gas Pipelines" of the Code of' Ordinances of the
Cite of Baytown, which consideration and sufficiency thereof is hereby acknowledged and received.
8: C� �I��. P ar LLB- _, a corpuration authorized to do business in the State of Texas.
hereinafter "Permitter." here y agrees as follows:
PE.RMITTEE AGREES TO AND SllALL IND .AINIFY, HOLD
HARMLESS AND DEFEND. Tm.: CITY, ITS OFFICE ?RS, AGI.N'I'S AND
EMPLOYEES, C'OLLEX.- I'IVELY REFERRED TO AS -CITY," FROM !
AND AGAINST ANY AND AL1. CLAINIS, LOSSES, DAMAGES, CAUSES
OF A(7ION. SUITS AND LIABILITY OF EVERY KIND, INCLUDING
AI.L EXPENSES OF LITIGATION, COURT COSTS, AND :I'I'I.ORNrYS'
FEES FOR INJURY TO Olt DEATH OF ANY PERSON, OR FOR
DAMAGE TO ANN PROPERTY, ARISING OUT OF OR 1N'
C'ONNE( I'IOti WITH THE C'O,N'STRucnON, MAINTENANCE,
OPERATION, REP AIR, REI' LACEM1-.,\•I',ADJUSTi-VIF:N -I'Oil REMOVAL
OF ANN' PART OR ALL OF •1'111: PIPI:LIf\E i i- ,RMI'I "TED HEREIN,
WHERE SUCH INJURIES, DEATHS Olt DAMAGES ARE' CAUSED BY
'r1-IE CONCURItEN''T NI:C;LICE4%%CF. 011 T E. CITY AND PERMIT•1 U
ANIUOR BY 1'HF; .101\T OR SOLI: NEGLIGEN'C'E. OF THE
PI-AI IITTEE. TT IS TIIF. EXPRESSED IN'I'F.NTION OF THE PARTIES
HERETO, BO-I'll PE10•1117EE AND 'THI: CITY, THAT TIIE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS AN
INDEMNITY in, I'ER,bIIT• EE TO INDEMNIFY. PROTECT AND
DEFEND THE C'ITN 1-ROM '1'111. ('ONSI.Q(',EN'CI :S OF (I)'I'1•IE C'I'I'N"S
OWN NEGLIGI• NVE. 11'IIERF THAT N'EGIAGENC'E : %ND i
PER,MiTTEE'S NI;(;LIGENC'E ARE C'ONCVRRING CAUSES OF 111E,
INJURY, DEATH OR DAMAGE; ANIVOR (II) PER1\1TI" E,E'S JOINT
AND SOLE NEGLIGENCE. FURTHERMORE, TIIE 1NDENINI•11"
PROVIDED FOR IN THIS PARAGRAPH SHALL NAPE•' NO
APPIACATION TO AN'Y C LAIM, LOSS, DAMAGE„ (."A USE' OF ACTION,
SUIT AN'D LIABILITY WHERE. TllE INJURY, DEATH OR DA,NIAGE
RF:St LTS FROM '11'111-: SUL1' Nli(:1.IG1: \C'E OF T111•: C'TI'1' UNNIINED .
WITH THE FAULT OF ANY O'T11ER I'll-AM N Olt EN'1'1'11%
Indenum el ccn,cnt, fake i
Permit lumber: // -()?
Failure of either party hereto to insist on the strict periormance of am. of the above - referenced
ordinance requirements or of the indemnit%, contained hcreinabove or to exercise any rights or remedies
accruing thereunder upon default or failure ofperformance shall not be considered a waiver of the right to
insist oft and to enforce by an appropriate remedy. strict complimicc with any other obligation hereunder or to
exercise am- right or rented• occurring as a result of any future detault or iailurc of'perforniance.
This Agreement shall in all respects he interpreted and construed in accordance with and governed b%
the laws of the State of'I'exas, regardless of the place of its execution or performance. The place of making
and the place of performance for all purposes shall be Baytown. I larris 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
bill 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 I -. day of .- Marsh_ .._ 2011•
11I:RN11'f'rrr
Company Name
Signature of. t orized Officer
_ K i a L • ln�a br �� -
Prin� Name
Permit Number: .1j—yZ
cin, Ol, BAY TOVVIN
ttS494r. City Manager
ATTEST:
tasrrr trt4y, City Clerk
STA*rj: OF TEXAS
3
COUNTY OF HARRIS ti
Before me. Davie( Mae% M_ the undersigned notary public. on this dad personally
appeared jOLC Web :�s,� _ - - -- in his/her capacity as A ' ' fif e n�
._.. • �.. �F al'
+ w
on behalf cif such corporation
V known to me:
_ proved to me on the oath of _ - -- : or
proved to me through his!lier current
description of identilication eard or other document issued by the federal govermilent ur an)
state ,.:overnmem that contains the photograph ;ind signature of the acknowledging person;
(Check one)
to be the person whose name is subscribed to the foregoing instrument. and aekno%yledgcd to me that hclshe
executed that instrument 11or the purposes and consideration therein expressed.
Given Ender my hand and seal of office this
0AN& 6 MANOW
Now of 16 72 20
A,-ramar!
ti1do u::y A9ggIIIwI. Pap. 3
I of. . h4arch. 200L
.4 _
Notary Public in and for thr at5l[ a o1' "I exas
Im'Im,
I
Exhibit "B"
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GPAPHIC SCALE IN FEET
11 500 IWO 1500 2000 2500
HSC PIPELINE PARTNERSHIP, LLC
PROPOSED 8* RGP PIPEUNE ACROSS SCOTT SAY
S Oliver & Associates, L.P. {Sr. MARY'S ISLAND TO ASHY STREET)
,S u
'1veying & Mapping VICINITY & LOCATION MAP
7507 BAYWAlf ;�420-�In 0+00 TO 78+94
TEYA5 77520 FAX ,2 fist 4249452 HApaS C(XJNTY TUAS
2
Jul I w—VA— 1 0
L 103-02-111 XT
NO. REVISM I DATE I BY j„gel; NA AFE 10-066-600 1 OF 4