Ordinance No. 11,797ORDINANCE NO. 11,797
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO DCP SAND HILLS
PIPELINE, LLC, TO INSTALL ONE NEW 20 -INCH PIPELINE IN AN
EXISTING 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, DCP Sand Hills Pipeline, LLC, has submitted a pipeline application to
install one new 20 -inch pipeline in an existing corridor from the existing pipeline 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 a permit for the Pipeline; and
WHEREAS, the City Council has received such report and has determined that, based
upon the representations of DCP Sand Hills Pipeline, 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 DCP Sand Hills Pipeline,
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 DCP Sand Hills Pipeline, LLC,
corresponding to the pipeline.
Section 3: That the City Council of the City of Baytown hereby establishes THREE
MILLION AND NO /100 DOLLARS ($3,000,000.00) 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 immediately from and atler its passage by
the City Council of the City of Baytown,
INTRODUCI"ID, READ, and PiNSSI,"D by the affirmative of the City Council of the
), of" November, 2011,
City ofKaytown this the 10"' da,
Slfl�HEN fIr-W)NCARLOS, Mayor
CounciV,Ordinm"�`,201 l (h "Ic w% P tilch nc 11cm) 5t,; I )c PS.Uldh ills doc
Exhibit "A"
Pipeline Permit Number: P -11 -05
CITY OF BAYTOWN
PIPELINE PERMIT
Permittee's Name:
DCP Sand Hills Pipeline LLC
Address:
City:
State:
Zip:
20351 Highway 6, Suite D
Manvel
Texas
77578
Reason for permit:
X New Pipeline
11 Adjustment, relocation, replacement, movement of an existing pipeline to a position greater than fifty (50) feet
from its original position
Pipeline Origin Point:
Houston Ship Channel
Pipeline Destination Point:
Mont Belvieu
Affected Public Ways:
Points Pipeline Crosses Public Ways:
D
Brownwood Drive
The points at which the pipeline will run or cross any Public
Steinman Street
Way are depicted in Exhibit "B,° which is attached hereto and
Shreds street
Greenbriar Street
incorporated herein for all intents and purposes.
Bayway Drive
Baker Road
Description of Pipeline:
➢
➢W
ade Road
The 20 -inch pipeline used to transport natural gas liquids, in
D
Gwenn Lane
an existing pipeline corridor within both the city limits and the
Cedar Bayou Lynchburg Road
ETJ. The pipeline will include a maximum operating pressure
John Martin Road
of 1480PSI, a normal operating pressure of 600 PSI, and
➢
Garth Road
have minimum yield strength of 60,000 PSI. The carrier pipe
D
North Main Street
Crosby Cedar Bayou Road
has an outside diameter of 20.000 inches and a wall thickness
IH 10
of.0.406 inches. The will be API 5L X 60 ERW pipe with a
D
Sjolander Drive
fusion bond epoxy coating under the roads, and a ARO
D
Pine Lake Lane
coating under the borings.
Hams County 0111 -01 -00
This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the 101'
day of November 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 day of November 2011.
Jose A. Pastrana, P.E.
Director of Engineering
FAKmmn\Fila\Emergency ManagenwwTipcline Regulatory Fomu\1nvi=Npe1inePemtitdoc
Exhibit "A"
Permit Number: / / —CL,�
INDEMNITY AGREEMENT
STATE OF TEXAS §
COUNTY OF I IARRIS §
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,
DCP Sand Hills Pipeline LLC, a corporation authorized to do business in the State of Texas,
hereinafter "Permittce," 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,
OPEIU%,TION, REPAIR, REPLACEMENT, ADJUSTMENT OR REIMOVAL
OF ANY PART OR ALI, 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 INDEMNHFY, 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 TIIE
INJURY, DEATH OR DAMAGE; AND /OR (11) 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 WIIERI: TIIE 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 1
Permit Number: //- 0`5-
Failure of either party hereto to insist on the strict performance of any of the above - referenced
ordinance requirements or of the indemnity contained hereinahove or to exercise any rights or remedies
accruing thereunder upon default or fiailure 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 occutTing as a result ofany future default or failure of performance.
This Agreement shall in all respects be interpreted and construed in accordance with and governed by
the laws ofthe State of Texas, regardless ofthe 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 alTect any other tern 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.
51(;NI;D this ay of 20//.
PERIMITTEI:
q C /9 -CT"'/ /7 - /`.0 f ; /1V- " C LC
Company Name
SiVMurc ol'Author fic
C • �fi9 2���
Printed amc
'Title
Indemnity A orb cement, I'agc
Permit Number: 11-05
CITY OF BAl'TOWN
R013ERT D. L.EIPER, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
STATE' OF TEXAS
COUNTY OF HARRIS
Before me, Op, -sm" I _r , the undersigned notary public, on this day personally
appeared <J - 22Z NZ CAJ in his /her capacity as ,jyMRN1z- y -1tJ - rneT of
1Cp-Sn►�icc..S_f CC �, on behalf of suclt colporatron
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 Ibr the purposes and consideration therein expressed.
Given under my hand and seal of otiiee this & clay of_SE`P� l3L 20VLI
ors MAYM SMiTN lit
11140. MY CfltAMISSIQN EXPIRES
.pate 30, 21114
c.." klh24' avwcrgcnc ►mgtntlPcnnittcchurLtinnity. Agrmincnt
Indgmnity greet . Page 3
Notary Pu . ' and for the State of Texas
Exhibit "B "'
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