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Home My WebLink AboutPR 11786: PIPELINE PERMIT 02-02PUBLI'C WORKS DEPARTMENT COUNC1,L ACT1,ON MEMO TO: FROM: SUB3ECT: DATE: Steve Fitzgibbons, City Manager Leslie E. McMahen, P.E., Director of Public Works P.R. #11786 May 16, 2002 RECOMMENDATZON: It is recommended that the City Council approve Proposed Resolution No. 11786, authorizing the execution of Permit 02-02 from the City of Port Arthur to Buckeye Products Pipe Line, L.P., of Houston, Texas to install an eight (8'') inch crude butadiene pipeline within the corporate limits of the City of Port Arthur in Orange County, Texas, and crossing the Neches River into 3efferson County, Texas before entering into Fina property. BACKGROUND: Buckeye Products Pipe Line, L.P. has made application for a permit to install an eight (8") inch crude butadiene pipeline to serve the new butadiene facility at Fina. The pipeline avoids any populated areas of Port Arthur and is only within the City limits in a marshy area in Orange County and one-half of the Neches River. A Public Hearing for the requested pipeline permit was held by the City Council on May 14, 2002 to receive input from the public and other interested parties. The Citizen's Pipeline Advisory Committee had previously reviewed and approved this permit application at their May 8, 2002 meeting and their letter of recommendation has been made part of the record of the public hearing. The Director of Public Works and Director of Planning have reviewed said application and now recommend that Permit 02-02 be granted pursuant to Chapter 66 (Oil and Gas) of the Code of Ordinances City of Port Arthur, Texas. Approval of this permit requires an affirmative vote by two-thirds of the entire City Council per Section 66-53 of the Code of Ordinances. BUDGETARY/FISCAL EFFECT: The $1,500.00 permit fee will be deposited in Account No. 001-0000-322.81-00. EMPLOYEE/STAFF EFFECT: None. SUMMARY: It is recommended that the City Council approve Proposed Resolution No. 11786, authorizing the execution of Permit 02-02 from the City of Port Arthur to Buckeye P.R, No. 11786 Page #2 Products Pipe Une, L.P., of Houston, Texas to install an eight (8") inch crude butadiene pipeline within the corporate limits of the City of Port Arthur in Orange County, Texas, and crossing the Neches River into .lefferson County, Texas before entering into Fina property. Leslie E. McMahen, P.E. Director of Public Works file c:\word\buckeyepermiL~2-02 P.R. No. 11786 05/16102 vkl RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF PIPELINE PERMIT 02-02 FROM THE CITY OF PORT ARTHUR TO BUCKEYE PRODUCTS PIPE LINE, L.P., OF HOUSTON, TEXAS TO INSTALL AN EIGHT (8") INCH CRUDE BUTADIENE PIPELINE WITHIN THE CORPORATE LIMITS OF THE CITY OF PORT ARTHUR IN ORANGE COUNTY, TEXAS, AND CROSSING THE NECHES RIVER INTO JEFFERSON COUNTY, TEXAS BEFORE ENTERING INTO FINA PROPERTY. WHEREAS, Buckeye Products Pipe Line, L.P. of Houston, Texas, has duly made application for permit to install an eight (8") inch crude butadiene pipeline located within the corporate limits of the City of Port Arthur in Orange County, Texas, and crossing the Neches River into Jefferson County, Texas before entering into Fina Property, a complete copy of said application being on file and available for review in the office of the Director of Public Works; and, WHEREAS, the Citizen's Pipeline Advisory Committee met on May 8, 2002, a copy of the committee recommendation being attached hereto and made a part hereof as Exhibit "A", and; WHEREAS, the Director of Public Works and Director of Planning have reviewed such application and now recommend that a permit be granted pursuant to Chapter 66 (Oil and Gas) of the Code of Ordinances City of Port Arthur, Texas, to install and maintain said pipeline for the transportation of crude butadiene within the City in accordance with the routing set forth in Exhibit ~B", attached hereto and made a part hereof, and; P.R. No. 11786 Page #2 WHEREAS, approval of the permit requires an affirmative vote by two-thirds of the entire City Council per Section 66-53 of the Code of Ordinances; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the Mayor be and he is hereby authorized to execute on behalf of the City Pipeline Permit 02-02 to Buckeye Products Pipe Line, L.P., of Houston, Texas for the installation of an eight (8") inch crude butadiene pipeline within the corporate limits of the City of Port Arthur in Orange County, Texas, in accordance with the Permit set forth as Exhibit "B" and made a part hereof; and, THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS __ day of , A.D., 2002 at a Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR: Councilmembers NOES: ATTEST: Mayor Acting City Secretary P.R. No. 11786 Page #3 APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons City Manager Leslie E. McMahen, P.E. Director of Public Works file c:~word~buckeyepermJt02-02 OSCAR G, ORTIZ, MAYOR FELIX A. BARKER, MAYOR PRO-TEM COUNCIL MEMBERS: CRAIG HANNAH THOMAS J. HENDERSON TOM GILLAM, III REV. RONNIE LINDEN 909 BOWERS ROSE MITCHELL CHAISSON ROBERT E. ALLEN City of May 13, 2002 P.R. No. 11~S6 CAROLYN OIXON CITY SECRETARY MARK T, SOKOLOW CITY A~rORNEY Mayor and City Council City of Port Arthur P.O. Box 1089 Pod: Arthur, Texas 77641 Re: Buckeye Products Pipe Une, LP. 8" Crude Butadiene Une Gentlemen: The Citizens' Pipeline Advisory Committee met on Wednesday, May 8, 2002 with representatives of Buckeye Products Pipeline, L.P. to discuss the proposed construction of an 8" crude butadiene pipeline in the Orange County/Neches River area of Port Arthur. Buckeye representatives presented information concerning the design and construction of the proposed line that will deliver crude butadiene from Mont BeJvieu to the Fina facility in Port Arthur. The line will go around Port Arthur until it enters the city limits in the marsh area of Orange County and crosses the Neches River into the Fina facility north of the dock area. This line is important to the new butadiene unit being built there. The Committee discussed the proposed location, its proximity to some lightly populated areas of the city, the explosive characteristics of crude butadiene, the response time in case of an emergency, and the protective measures that are part of the pipeline construction. In particular, the committee addressed the problem of crude butadiene lealdng under the river and was told that shut-off valves would be located on the east side of the Neches River and at the Fina terminus. Other valves are located at strategic intervals along the pipeline route. We feel that all aspects of the proposed construction of the pipeline are in keeping with the reasonable protection of the public. Therefore, we recommend that the City Council act favorably on the permit for the construction of the pipeline when it is presented at the May 28, 2002 council meeting. It has been a pleasure to once again serve in an advisory capacity to the City Council. Yours truly, Alfred Do'rflinic Acting Committee Chairman RO. BOX 1089 · PORT ARTHUR, TEXAS 77641-1089 · 409/983-8115 · FAX 409/983-8291 CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS PIPELINE PERMIT Exhibit "~)" p,1L No. 117~6 TO: Buckeye Products Pipe Line, L.P. I010 Lamar, Suite 1150 Houston, TX 77002 NO 02. -- 02__ DATE: The City of Port Arthur, pursuant to Chapter 66, Article II, Sections 66-51 through 66-69, Code of Ordinances, hereby grants permission to the above-nmned pcrmittec lbr the [N,$"DILDI TION of a proposed (1)-8" PRODUCTS (CRUDE BUT.4DIENE) pipeline(s) to be locatcd in accordance with the drawings and/or Specifications attached hercto and made part hereot: It is expressly understood that the City of Port Arthur does not hereby grant or pm'port to grant any right, claim title, interest, easement, or right-of-way on any property upon which such pipeline(s) and related valves, structures, etc. may be located pursuant hereto, and that thc City may require the owners, at his expense, to lower, adjust, relocate, or rcmove such pipclinc(s) on or from any public property upon thirty (30) days written notice to thc owner or agcnt thcrcof. Permittee shall be required to pay for and be responsible for any adjustments or casings, crc. of its pipeline required because of street improvements, utility or storm sewer crossings within the public rights-of-way covered by this permit. This permit is issued subject to all necessary rights- of-way or easements being acquired by permittee at its expense. INST4 £L/I TION of pipeline(s) within any public street, easement, alley, right-of-way, or grounds shall bc performed in accordance with instructions of the City Engineer of the City of Port Arthur and pcrmittec shall notify said City Engineer by letter in his office, forty eight (48) hours prior to any work pertaining to INST,,ILL,4TION OF PIPELINE therein. Upon completion of such IN,$'T/ILL.4TION OF PIPELINE, Permittee shall notify the City Engineer of such completion in order that thc City Engineer may make a final inspection thereof. Special conditions for constructing, replacing or relocating pipeline(s) within the City arc as follows: A. All pipelines within or across Public rights-of-way shall bc constructed with pipc mccting DOT CLASS 4 design requirement for wall thickness. 1. No pipeline will be located longitudinally undcr any existing or proposed pavement. 2. All existing improved streets shall be crossed by the bored method, and boring shall extend the full width of the street right-of-way plus a minimum of one (1) foot beyond said right-oiL way. Provide markers in accordance with Section 66-60. P.R. No. 11786 Any pavcmcnt repairs or right-of-way restoration necessitated as a result of thc construction or opcration of any pipeline shall be made in accordance with instructions set out by thc City Enginccr. Rcpairs or restorations will be made in such mmmer as to equal or exceed thc original condition and smootlmess that existed prior to construction or operation of pipcline. 4. All drainage improvements or conditions shall be restored to as good or better condition than their original. Any pipeline crossing under any improved street may bc rcquircd to bc cased for a distance not lcss than one (1) foot beyond the right-of-way line of said strcct. Casings shall have two (2) vents with the owner's name and product carried in linc showu on thcsc vcnts. Casings shall be approximately the same diameter as the bored hole. 6. All pipelines shall be protected by adequate and approved cathodic protection measurcs. 7. Pipelines shall be covered to a minimum depth of (4) feet below thc ultilnatc flow lincs of any existing ditches, which it crosses under. The owners of any pipeline under construction shall provide flagmcn, barricadcs, flares, and signs for the protection of the public for the duration of the work as instructcd by the City Engineer. Other conditions or restrictions deemed necessary to provide for full usc of the public right- of-way, and provide for the safety and convenience of the public shall be applied in cases not herein covered. 10. Pipelines shall be not less than four (4) feet below ground surface, cxccpt as othcrwise specified above. 11. Said pipeline shall be designed, constructed, operated and maintaincd in accordance with thc latest approved minimum standards established by the American National Standards Institute, United States Department of Transportation and other pipeline regulatory agencies. Where there are different standards among such agencies, the most stringcnt standard shall apply for purposes of this permit. 12. Pursuant to Section 66-61 and Section 66-62 telephone notification to the City shall bc made as required by each scction upon discovery of any leak or possibility of any leak within thc City of Port Arthur. This notification shall iuclude the information set out in each section, as well as all other significant facts lmown by thc carrier that are relcvant to the cause of thc failure or extent of the damages. 13. Pursuant to Section 66-62, pcrmittee shall file within thirty (30) days of the discovcry of any leak a written report with the City Engineer. Such report shall provide at a minimum the information required on the most current Texas Railroad Commission's leak report lbrm. Upon request, such companies shall provide the following: I. Construction records and test reports. 2. Operating and maintenance procedures. 3. Emergency plan. 14. The provisions of this permit shall be subject to any Federal and State legislation, rules, or regulations enacted or adopted, or which shall be here after enacted or adopted, to thc extent that such laws m~d regulations shall preempt or supersede the authority of the City with respect to this Permit or provision hereof. 15. Hydrostatic test reports generated during construction are to be furnished to the City. 16. Pcrnrittee agrees that if in the event it becomes necessary to lower case or ad. iust thc linc(s) permitted herein because of future street improvements, utility or storm scwer crossings within the public rights-of-way covered by this Permit, said line(s) shall be lowered, cased or adjusted at the sole expense of the Permittee or its assigns. 17. Permittee agrees to install pipe with a reinforced concrete coating within thc limits of 600 feet before and 600 feet after passing any developed residential, recreational or commercial areas. 2 Exhibil "~' P.R. No. 11786 HOLD HARMLESS PROVISION This pernfit is subject to and incorporates fully Chapter 66, Section 66-51 through 66-69, Code of Ordinanccs. By acceptance of this Permit, permittce agrees to pay lbr all damagcs to or loss of City of Port Arthur's property which are caused by, result fi'om, or arise out o1' pcrmittce's construction, operation, maintenance, repair or removal of such pipclinc(s) within the City limits of thc City of Port Arthur, and pcrmittec further agrees to indemnify and hold thc City of Port Arthur harmless against and from any and all suits, claims, and demands for damages to or loss of property of others or for personal injuries to or death of persons whomsoever, including all necessary costs and expenses to the City of Port Arthur rclating to such claims, suits, or demands, caused by, resulting from, arising, or growing out of or connected with thc granting of this permit or pcrmittee's construction, operation, maintenance, repair or removal of such pipeline(s) within the City lin'fits of the City of Port Arthur; this indcmnity provision shall apply notwithstanding that said damages and loss results partly from the negligence o1' the City of Port Arthur, its agent, servants, or employees. This permit shall not become effective until the pormittee has subscribed its acceptance hereof and furnished the City with bond and certification of liability insurance as required by the City pm'suant to the aforc said Chaptcr. 3 CITY OF PORT ARTItUR P.R. No. 11786 BY: TITLE: DATE: ATTEST: City Secretary APPROVED FOR ADMINISTiCAITON City Engineer APPROVED AS TO FORM: Director of Planning City Attorney All conditions of this Permit are understood and agreed to by Perufittee. ACCEPTED: Permittee: By: Title: Date: Buckeye Products Pipe I,ine, L.P. By: Buckeye Gulf Coast Holdings I, LLC, Its General Parmcr 4 Exhibit "]~" P.R. No. 11786 ~:~1~ ~ ~m~'~:, ~(~Z"-:'¢~ ,~ ~ ~,, ,'.,L..~",~','~.~$~?.,.:,,~,~.,.,,~-I." . ..,-,-., ~ .,. :,.~ , ,~.., -,,. ~-~ DRAWING INDEX SEE SHEET 2 dOHNS GULLY SEE SHEET 5 $;AIE PRISON' OU~VALL CANAL SEE SHEET 4 RODAIR GUL~ ~TERAL SEE SHEET 5 RODAIR GUL~ SEE SHEET 6 CENTRAL GARDENS DITCH SEE SHEET 7 AT~NTIC MAIN ~TERAL I-A APPROVEO DAVID E. CLOUD, SR., TEXAS REGISTRATION NO. 4865 APPLLICATION: dEF~ERSON COUN~ DRAINAGE DISTRICT fi7 BUCKEYE PRODUCTS PIPE LINE, L.P. PROPOSED 8" PRODUCTS PIPELINE MONT BELVlEU TO PORT ARTHUR, TEXAS JEFFERSON COUNTY, TEXAS DISTRICT 7 WATER CROSSINGS ~-- DRAWN BY: ~ RMH SHEET: 1 -----~";~,,'1~111~ P. CHECKED BY: DAB SCALE: 1:125,000 Hebe1%, htc. APPROVED BY: DEC DATE: 8/28/01 SURFEYINC · ENGINEERINO · ENVIRONMENTAL SERFICES