Ordinance No. 11,673ORDINANCE NO. 11,673
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO OXY VINYLS, LP, TO
INSTALL A SIX -INCH PIPELINE AND A TWO -INCH CONDUIT PIPE 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, Oxy Vinyls, LP, has submitted a pipeline application to install a six -inch
pipeline and a two -inch conduit pipe 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 Oxy Vinyls, 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 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 Oxy Vinyls, LP, 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 Oxy Vinyls, LP, corresponding to the
pipeline.
Section 3: That the City Council of the City of Baytown hereby establishes FIFTY
THOUSAND AND NO/ 100 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 efflect immediately from and after its passage by
(he City COLUICH ot'the City of" Baytown.
INTRODUCED, READ, and PASSE'D by the affin-niative fe of the City Council of the
City of Baytown this the 23"' day of'June, 2011
diACK) RAMIREZ, STR., Clty o -ncy
STE,PJ/E'N 11—DONCAR1,0S, Mayor
W',I,areo%H I gs�,Oty I I �Iunc 23,,Nc%v P i lie I meNumpW )xyViny Is doc
Exhibit "A"
Pipeline Permit Number P -11 -03
CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
Oxy Vinyls, LP
Address:
City:
State:
Zip:
1000 Tidal Road
Deer Park
Texas
hereto and incorporated herein for all intents and purposes.
Reason for permit:
X New Pipeline
Adjustment, relocation, replacement, movement of an existing pipeline to a position grater than fitly (50)
feet from its original position
Pipeline Origin Point:
Oxy Vinyls, LP Deer Park, TX
P pi cline Destination Point:
Bayer Material Science, Baytown, TX
Affected Public Ways:
points Pipeline Crosses Public Ways:
Bayer Road
The points at which the pipeline will run or cross any
West Bay Road
Public Way are depicted in Exhibit "B," which is attached
D Tri -City Beach Road
hereto and incorporated herein for all intents and purposes.
➢ Evergreen Road
Description of Pipeline:
The 6 -inch pipeline used to transport liquid chlorine, in an
existing pipeline corridor within both the city limits and the
ETJ. The pipeline will include a maximum operating
pressure of 1480 PSI, normal operating pressure of 400
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 5L X 42
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 0
day of June 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 Permittec'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, Permiuce 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 2 day of June 2011.
c A. Postrane, P.E.
irector of Engineering
F:%KweMFi1Cs%F" neney Ataaageme800d ind Repulstary Fomts%invistsPipe inePetmit.doc
Exhibit A
INDEMNITY AGREEMENT
STATE OF TEXAS
COUNTY OF HARRIS
Permit Number: 11- 0 3
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, Oxy Vinyls, LP a
Delaware limited partnership 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 IS 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 WITH THE FAULT
OF ANY OTHER PERSON OR ENTITY.
Indemnity Agreement Page I
Permit Number: 11-03
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 he 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, Hams County, Texas.
All parties agree that should any provision of this Agreement be determined to he invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in
full force and effect.
The representatives executing this Agreement on behalf of the parties hereby represent that such
representatives have full authority to execute this Agreement and to bind the party he /she represents.
SIGNED this !L day of May, 2011.
PERMITTEE
ATTEST:
LETICIA BRYSCH, City Clerk
irSgnaturs of Authorized Representative
Printed Name
p/l"11far , 44%i %(w 1wel 00 -M
Title
CITY OF BAYTOWN
ROBERT D. LEIPER, City Manager
Indemnity Agreement Page 2
STATE OF TEXAS §
§
COUNTY OF DALLAS §
The foregoing instrument was acknowledged, subscribed and sworn before me this 1 ?> day of ,
2011 by John W. Hildebrand, as Director — Worldwide Real Estate, for and on behalf of said entity.
My Commission expires: 10 - � 1-3 t
NOTARY PUBLIC
Noah Vic.
Indemnity Agreement Page 3