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Home My WebLink AboutPR 24279: TRIDENT INTRASTATE PIPELINE LLC, TO CONDUCT A SURVEY AND SITE ANALYSIS TNR P.R 24279 2/21/2025 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO AUTHORIZE THE GRANT OF A SURVEY AND RIGHT OF ENTRY PERMIT TO TRIDENT INTRASTATE PIPELINE LLC, TO CONDUCT A SURVEY AND SITE ANALYSIS FOR A PROPOSED PIPELINE PROJECT OVER THE CITY'S LANDFILL PROPERTY KNOWN AS 4732 TEXAS 73, PORT ARTHUR, TEXAS 77642, WITH TRIDENT INTRASTATE PIPELINE LLC. WHEREAS,the City of Port Arthur(the "City") owns property designated as the City's landfill, which is subject to various environmental regulations and oversight; and WHEREAS,Trident Intrastate Pipeline LLC,representing Kinder Morgan,seeks the City of Port Arthur's approval for a site survey for a proposed pipeline route on City-owned land in Jefferson County, specifically located at 4732 Texas 73, Port Arthur,Texas 77642; and WHEREAS,Trident Intrastate Pipeline LLC has requested a Right of Entry Permit from the City to allow access for conducting surveys, environmental assessments, geotechnical evaluations, and related analyses necessary to determine the viability of the proposed project; and WHEREAS,Trident Intrastate Pipeline,LLC requests temporary entry rights for itself and its contractors to access City property; and WHEREAS, this entry, as detailed in Exhibit "B," is essential for conducting surveys and related field investigations to inform the engineering and installation of the proposed pipelines; and WHEREAS, the City Council finds that allowing such access for preliminary investigations serves the public interest by ensuring appropriate due diligence and regulatory compliance before considering any further action; and WHEREAS,granting such a permit is solely for the purpose of conducting the necessary studies and does not constitute final approval of any pipeline construction or permanent easement agreement; and WHEREAS,it is deemed appropriate to authorize the City Manager to endorse the survey permit included as Exhibit"A," granting Trident Intrastate Pipeline LLC, on behalf of Kinder Morgan, the authority to survey the aforementioned land owned by the City of Port Arthur in Jefferson County at 4732 Texas 73, Port Arthur, Texas 77642. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. • Section 2. That the City Council hereby grants Trident Intrastate Pipeline, LLC a limited, non-exclusive Right of Entry Permit to enter upon the City's landfill property for the sole purpose of conducting surveys, environmental assessments, and geotechnical evaluations in furtherance of their proposed pipeline project. Section 3.That Trident shall be required to indemnify and hold the City harmless from any damages, liabilities, or claims arising from its activities on the property. Trident shall also be required to provide proof of liability insurance. 1r TNR P.R 24279 2/21/2025 Section 4. The City Manager of the City of Port Arthur is hereby authorized to execute a Right of Entry for Trident Intrastate Pipeline, LLC and its subcontractors, in the substantially same form as Exhibit"B. Section 5. A copy of the caption of this Ordinance should be spread upon the Minutes of the City Council. READ, ADOPTED,AND APPROVED this the flu day of April, A.D. 2025, at a meeting of the City of Port Arthur, Texas,by the following vote: Ayes: Mayor: Councilmembers: Noes: Thurman Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROV AS TD FORM: Roxann Pais Cotroneo, City Attorney APPROVED Fes; I ISTRATION: pp-- vir Ron d Burton, CPM, �w Manager lj Pamela D. Langford, Assistant City Manager—Operations/Director of Development Services Flozel C. R s EIT, MEng, MBA, CPM, Director of Public Works EXHIBIT A KINDER MORGAN [Search . Delivering Energy. improving Lives. TRIDENT INTRASTATE PROJECT KMI is proceeding with its approximately$1.7 billion Trident Intrastate Pipeline project.The approximately 216-mile project is underpinned by long-term contracts and will provide approximately 1.5 Bcf/d of capacity from Katy,Texas to the LNG and industrial corridor near Port Arthur,Texas.Pending receipt of all required permits and avrovils, WI expects the project to be in service in the first quarter of 2027. PRELIMINARY USE ONLY • • Huntsville '., • Conroe ` y • ` J � *Beaumont �`..� Port Arthur rI * Houston Pasadena • End Proposed Route Begin Proposed Route OM, ` E Legend 0 10 70 40 PRELIMINARY PROPOSED ROUTE Mills 1 • Major City --- Preliminary Trident Route Trident Intrastate Pipeline tt.0 State Boundary CONTACT US Kinder Morgan 1001 Louisiana St.,Suite 1000 Houston,TX 77002 1/2 — -. i ' Iti'. 4 \ - 1/f:. it . oil - ' \I. 1 ' //I"' :�t .. s ,, ..# --.• LL EXHIBIT B Coy Of 0 Ft rr rt rr 7,` Trident Pipeline Project Tract No.: Tax Parcel/Map No.: County: CITY OF PORT ARTHUR RIGHT OF ENTRY FOR SURVEY AND FIELD INVESTIGATION Permit No. The undersigned, hereinafter called "Owner", hereby gives Trident Intrastate Pipeline LLC, hereinafter referred to as "GRANTEE," through its employees, agents, and contractors permission and license to enter his/her/its property as identified above for the purpose of making preliminary civil, environmental, and archaeological surveys and testing and any necessary core sampling activities subject to any conditions noted below and to the condition that GRANTEE will pay for any and all damages to property and/or crops resulting from said surveys unless such damage, injury or loss is caused by the negligence or willful misconduct of the undersigned. I. The Owner hereby grants to the Grantee a revocable right of entry upon the lands hereinafter described at any time within twelve(12)months from the date of this instrument in order to survey, execute field investigations, and carry out such other work as may be necessary to complete their investigations being made of said lands by the Grantee. The primary contact is the Director of Public Works or his or her designee. II. The GRANTEE shall have the right to assign,transfer,and/or convey to others the permission and license hereby granted.The surveys conducted pursuant to this Permit will be used to establish the location of a new pipeline to be constructed by GRANTEE, its assigns, and/or transferees. III. All tools,equipment,and other property taken upon or placed upon the land by the Company shall remain the property of the Grantee and must be removed by the Grantee within sixty (60) days after the expiration of this right-of-entry. IV. The land affected by this right-of-entry is located in the State of Texas, County of Jefferson, as shown in Exhibit"A." V. GRANTEE SHALL DEFEND WITH COUNSEL OF GRANTEE'S CHOICE, INDEMNIFY, PROTECT, AND HOLD HARMLESS ALL OWNERS OF THE REFERENCED TRACT OR TRACTS, AND THEIR RESPECTIVE HEIRS, SUCCESSORS, ASSIGNS (THE "INDEMNIFIED PARTIES"), FROM ANY AND ALL LIENS, CLAIMS, DEMANDS, COSTS (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES), EXPENSES, DAMAGES, LOSSES, AND CAUSES OF ACTION FOR DAMAGES BECAUSE OF INJURY TO PERSONS (INCLUDING DEATH) AND INJURY OR DAMAGE TO OR LOSS OF ANY PROPERTY OR IMPROVEMENTS TO THE EXTENT CAUSED BY GRANTEE OR ITS AGENTS OR CONTRACTORS DURING THE PERFORMANCE OF THE REQUESTED SURVEY. VI. GRANTEE shall, at its sole cost and expense,procure and maintain in full force and effect during the term of this Right of Entry the following insurance coverage with insurance companies authorized to do business in the State of Texas and with an A.M. Best rating of not less than A-: (a)Commercial General Liability Insurance with limits of not less than One hundred thousand Dollars ($100,000.00) per occurrence and Five Hundred Thousand Dollars ($500,000.00) general aggregate, including coverage for bodily injury,personal injury,property damage, and contractual liability. l wtiVr ,r i�� / Trident Pipeline Project Tract No.: Tax Parcel/Map No.: County: (b) Automobile Liability Insurance covering all owned, hired, and non-owned vehicles used in connection with the work under this Right of Entry,with limits of not less than two hundred fifty thousand($250,000.00) per occurrence for bodily injury and property damage. GRANTEE shall furnish the CITY OF PORT ARTHUR with certificates of insurance evidencing the required coverage prior to commencement of any activities on the property. All policies shall name the CITY OF PORT ARTHUR as an additional insured(except for Workers' Compensation) and shall include a waiver of subrogation in favor of the CITY. All policies shall be primary and non-contributory with respect to any insurance or self-insurance maintained by the CITY. VII. THIS RIGHT OF ENTRY, ALONG WITH ALL APPENDICES ATTACHED HERETO AND INCORPORATED HEREIN, CONSTITUTES THE ENTIRE AGREEMENT RELATING TO THIS RIGHT OF ENTRY. THERE ARE NO OTHER COLLATERAL, ORAL, OR WRITTEN AGREEMENTS BETWEEN THE PARTIES THAT RELATE TO THE SUBJECT MATTER OF THIS RIGHT OF ENTRY. Executed this day of ,2025. OWNER: Signature of Owner: Name: Address: Executed this day of ,2025. GRANTEE: Signature of Grantee Name: Address: Phone: The following conditions shall apply to the permission granted above: