Ordinance No. 12,225ORDINANCE NO. 12,225
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO TARGA NGL PIPELINE
COMPANY LLC, TO INSTALL ONE NEW 12 -INCH PIPELINE;
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, Targa NGL Pipeline Company LLC, has submitted a pipeline application to
install one new 12 -inch pipeline in the City limits and /or 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 Targa NGL Pipeline Company 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 Targa NGL Pipeline
Company 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 Targa NGL Pipeline Company LLC,
corresponding to the pipeline.
Section 3: That the City Council of the City of Baytown hereby establishes FIVE
HUNDRED THOUSAND AND NO /100 DOLLARS ($500,000.00) 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 of ct Immediately from zold after its Passage by
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Exhibit A - Pipeline Permit
Pipeline Permit Number: R13 -01
CITY OF BAYTOWN
PIPELINE PERMIT
Penniuee's Name:
Targa NGL Pipeline Company LLC
Address:
City:
State:
Zip:
711 Louisiana Street
Houston
Texas
77002
Reason for permit:
X New Pipeline
Adjustment, relocation, replacement, movement of an existing pipeline to a position greater than fifty (50) feet
from its original position
Pipeline Origin :
Targas facility in Mont Belvieu
Pipeline Destination Point:
Tar as facility in Galena Park
Affected Public Ways:
Points Pipeline Crosses Public Ways:
D
Hadden Road
The points at which the pipeline will run or cross any Public
D
Main Street AKA Crosby Cedar
Way are depicted in Exhibit "B," which is attached hereto and
Bayou Road Barbers Hill Road
incorporated herein for all intents and purposes.
Description of Pipeline:
Glenwoed Road
Fairview Drive
The 12 -inch pipeline used to transport propane, in the ETJ.
Danek Road
The pipeline will include a maximum operating pressure of
➢
Sralla Road
1440 PSIG, a minimum test pressure of 2160 PSIG, and have
Crosby Lane
Crosby Lynchburg
minimum yield strength of 60,000 PSI. The carrier pipe has an
Y 9 p p
outside diameter of 12.75 inches and a wall thickness of
0.406 inches. The will be API 5L X 60 ERW of FBE and 3040
MLS of ARO coating under the roads.
This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the 28th
day of March 2013, 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 2013.
Jose A. Pastrana, P.E.
Director of Engineering
FAKarenliksTmergency ManagementTipcline Regulatory Forms\lnvistaPipelinePemtit.doc
Exhibit A - Indemnity Agreement
Permit Number. e. 13 - 0 1
INDEMNITY 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" ofthe Code of Ordinances of the
City of Baytown, which consideration and sufficiency thereof is hereby acknowledged and received,
TARGA NGL PIPELINE COMPANY LLC 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, 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 PERMTTTEE
AND /OR BY THE JOINT OR SOLE NEGLIGENCE OF THE
PERMTTEE. 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 PERNIITTEE 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 (11) PERMIITTEE'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 Amyemerrt. Page t
Exhibit A - Indemnity Agreement
Permit Number: 13 -0
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 making
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 determined to be invalid or
unenforceable, such determination shall not aflact 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 _WP; _ .20%,3
PERMITTEE
TARGA NGL PIP INE COMPANY LLC
Company Narp "_114 -
of Authoti`icd Officer
i vv\:� r_Z a "lam
Printed Name
VICE, r r(��1de/t�
Title
Indemnity Agreement. Page 2
011Y
Exhibit A - Indemnity Agreement
Permit Number: 2 11-01
CITY OF BAYTOWN
ROBERT 1]. LEIPER, City Manager
ATTEST:
(.F: "f1C1A BRYSCH, City Clerk
STATE OF TEXAS
COUNTY OF HARRIS
Before me, AY1�r¢Q %forcA , the undersigned notary public, on this day personally
a cared 1- \q^"�tj�C4AAkQ- in his/her• capacity as �f;Ce�7,�QS_itkn.- of
- �1,P ( on behalf of such corporation
�
t /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 (lie 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 (D day.O��G
ANDREA COtEEN RAIFORD
MCta ry Pubiic. State of Texas ,I
My Commission Expires Notary Public in an or the State
March 14, 2016
c: WhZdkmergencymamtlPermi ttecindemnity.Agreement
Indemnity Agrccmenl, PAge 3