HomeMy WebLinkAboutPR 24678: A MAJOR PIPELINE PERMIT - TRIDENT INSTRASTATE PIPELINE, LLC (A KINDERMORGAN COMPANY) 42' NATURAL GAS PIPELINE City of
Co r t rthur
Texas11111 )
www.PortArthurTx.gov
DEPARTMENT OF PUBLIC SERVICES
INTEROFFICE MEMORANDUM
Date: November 25, 2025
To: The Honorable Mayor and City Council
Through: Ronald"Ron"Burton, City Manager
From: Pamela D. Langford,Assistant City Manager—Operations/Director of Development
Services
RE: P.R.NO.24678—A resolution authorizing a major Pipeline Permit—Trident Intrastate
Pipeline, LLC (a Kinder Morgan Company)
Introduction:
This agenda item intends to seek the City Council's approval of P.R. NO. 24678, issuing a Major
Pipeline Permit submitted by Trident Intrastate Pipeline, LLC of Houston, Texas, (a Kinder
Morgan Company) for the installation of a forty-two-inch(42") intrastate natural gas pipeline located
within and adjacent to the corporate limits of the City of Port Arthur,Texas. The request also includes
approval of variances from select provisions of Chapter 66 of the City of Port Arthur Code of
Ordinances**, where certain installation and operational requirements fall under the regulatory
authority of State and Federal agencies.
Background:
Trident Intrastate Pipeline, LLC is a Houston-based midstream energy company that designs,
constructs, and operates large-diameter natural gas transmission systems throughout Texas. Trident
serves major industrial,petrochemical, and LNG facilities along the Gulf Coast,maintaining a strong
record of operational safety,environmental compliance,and adherence to State and Federal regulatory
standards, including requirements of the Texas Railroad Commission (RRC) and the U.S.
Department of Transportation's Pipeline and Hazardous Materials Safety Administration
(PHMSA).
Trident Intrastate Pipeline, LLC (a Kinder Morgan Company) proposes to install a 42-inch natural
gas transmission pipeline beginning at natural gas facilities north of Highway 73, approximately
2.5 miles southwest of the City of Port Arthur, and continuing in a southeasterly direction for
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 NX FAX 409.982.6743
lir
approximately 15 miles before crossing Highway 87, approximately 7 miles south of the City's
corporate limits. The line then extends 1.5 miles adjacent to the Keith Lake Entergy Power
Station,ultimately terminating at property owned by Golden Pass Products.
Requested Variances to Chapter 66 — Port Arthur Code of Ordinances:
Although Trident generally intends to comply with the City's Pipeline Ordinance, the company has
requested variances from several provisions of Chapter 66, where adherence to local requirements
would conflict with, or be superseded by, more stringent or controlling State or Federal regulatory
mandates. The variances apply to:
• Section 66-51 —Definitions
• Section 66-57—Liability Protection
• Section 66-61 —Hazardous Material Spill, Discharge, or Release
• Section 66-62—Required Leak Reports, All Pipelines
• Section 66-63—Pipeline Permitting and Inspection
• Section 66-64—Penalty; Revocation of Permit; Nuisance; Individual's Responsibility
A detailed variance analysis and justification report has been provided by Trident Intrastate
Pipeline, LLC, and is included as an attachment to the accompanying resolution. The report outlines
each requested variance, identifies the corresponding State or Federal governing authority, and
explains the rationale for maintaining compliance with jurisdictional requirements imposed by
agencies such as the Texas Railroad Commission, PHMSA, and other applicable regulatory bodies.
Committee Review:
The Citizens Pipeline Committee met on November 24,2025, to review the pipeline specifications,
route alignment, environmental information, and the company's variance requests. After evaluating
Trident's compliance documentation and the attached variance justification report, the Committee
recommended approval of the Major Pipeline Permit, including the requested variances.
Budget Impact:
There is no direct fiscal impact to the City associated with approving this permit. Any required
inspections, right-of-way restoration, environmental protection measures, or utility coordination
efforts will be the responsibility of the applicant.
Recommendation:
It is recommended that the City Council approve P.R.NO.24678,issuing the Major Pipeline Permit,
including the requested variances to select provisions of Chapter 66, for Trident Intrastate Pipeline,
LLC, authorizing construction and installation of the 42-inch natural gas transmission pipeline within
and adjacent to the corporate limits of the City of Port Arthur. Major permits type 1, 2, 3 or 4 as
described in the Code of Ordinances shall require a two-thirds majority of the entire city council to
approve.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R.No.24678
December 2,2025
rlb
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF
MAJOR PIPELINE PERMIT NO. 25-02 FROM THE CITY OF
PORT ARTHUR TO TRIDENT INTRASTATE PIPELINE,LLC
OF HOUSTON, TEXAS (A KINDER MORGAN COMPANY)
FOR THE INSTALLATION OF A FORTY-TWO INCH (42")
NATURAL GAS PIPELINE WITHIN THE CITY LIMITS OF
PORT ARTHUR, TEXAS.
WHEREAS, Trident Intrastate Pipeline LLC, of Houston, Texas (a Kinder Morgan
Company)has submitted an application for a major pipeline permit to install a forty-two inch(42")
natural gas pipeline as within the city limits of Port Arthur, Texas; and,
WHEREAS, the proposed forty-two inch (42") natural gas pipeline will transport natural
I
gas from facilities north of Highway 73, approximately 2.5 miles southwest of Port Arthur and
continue in a southeasterly direction for approximately 15 miles before crossing Highway 87, 7
miles south of Port Arthur. The line will continue 1.5 miles through lands adjacent to the Keith
Lake Entergy Power Station,ultimately terminating at Golden Pass Products property; and,
WHEREAS, the notice of a Public Hearing to be held on December 16, 2025 at 6:00 pm
was published in the Port Arthur News on December 3, 2025 and made a part hereof as Exhibit
"A"; and,
WHEREAS, members of the Citizen's Pipeline Advisory Committee met on November
24,2025,a copy of their recommendation of approval being attached hereto and made a part hereof
as Exhibit"B"; and,
WHEREAS, the Public Hearing for the requested pipeline permit was held on December
16, 2025; and,
WHEREAS, the City Engineer and the 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 of the City of Port Arthur to install and maintain said pipeline within the
City in accordance with the routing set forth in the Permit attached hereto and made a part hereof
as Exhibit"C"; and, Major permits type 1, 2, 3 or 4 as described in the Code of Ordinances shall
require a two-thirds majority of the entire city council to approve; and,
P.R.No.24678
Page 2
WHEREAS, Trident Intrastate Pipeline LLC, of Houston, Texas (a Kinder Morgan
Company) has submitted the required information and documents for their major pipeline permit
to be considered for approval; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,
TEXAS:
THAT, the City Manager be and is hereby authorized to execute on behalf of the City
Pipeline Permit 25-02 to Trident Intrastate Pipeline LLC, of Houston,Texas for the installation of
a forty-two inch (42") natural gas pipeline within the city limits of Port Arthur, Texas as set forth
as Exhibit"C", including the requested variances to select provisions of Chapter 66 as set forth as
Exhibit"D"; and made a part hereof.
THAT, Major permits type 1, 2, 3 or 4 as described in the Code of Ordinances City of
Port Arthur, Texas shall require a two-thirds majority of the entire city council to approve.
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED AND APPROVED this the day of . A.D.
2025 at a meeting of the City Council of the City of Port Arthur, Texas by the
following vote: AYES:
Mayor:
Councilmembers:
NOES:
Charlotte M. Moses
Mayor
P.R.No.24678
Page 3
Attest:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
Roxann Pais Cotroneo
City Attorney
APPROVED FOR ADMINISTRATION:
Ronal u , C
City Manager
Suhail Kanwar, P.E.
Director of Public Services/ City Engineer
Pamela D. Langford, CPNY
Director of Planning
Exhibit
GGA»
Notice of Public Hearing
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PU����
` PUBLIC NOTICE " � NOTICE
NOTICE OF PUBLIC
' NOTICE"rPUBLIC
r� ITY
� .
'---- ' �
ZOt
NCIL OF THE
COUNCIL OF THE '' ^- CITY OF
' ^ PQRTAR[NuR `
` P��T/��T��B �
Notice is hereby Qiwen
86
cordance with
accordance with Chapter 66, 1
section 66.3(c) of the Code of Section 6&3(G) of the Code of
Ordinances of 'the City of Port Ordinances of the City of Port
Arthur, that the C&I Council of Arthur, that the City Council of
the City of Port Arthur will hold the City of Port Arthur.will hold a
Public Hearing on Tuesday, De-
a Public Hearing on Tuesday,
to consider the following-
p,m.,to consider the following, PERMIT REQUEST&REQUEST
PERMIT REQUEST RE-
QUEST FOR A MAJOR PIPE- f FOR A MAJOR PIPELINE PER-
LINE PERMIT TO iNSTALL 'I MIT TO INSTALL A -PIVENTY
INCH (20') NNTiURAL GAS
PIPELINE To TRANSPORT
NATURAL GAS PIPELINE TO FACILI-
TRANSPORT NATU GAS NATURAL GAS FROM
FROM FACILITIES NORTH OF i TIES.SOUTH OF HIGHWAY 73,
HIGHWAY 73,APPROXIMATE- APPROXIMATELY 19 MILES
LY 2.5 MILES SOUTHWEST - SOUTHWEST OF PORT AR-
THUR AND CONTINUE IN A
OF PORT ARTHUR. THE LINE I
f Notice is hereby given. in Chapter K
CONTINUES IN A SOUTH- I NORTHEASTERLY DIREC-
. �� +� ""`��" "`^ `"`E
� ~APPROXIMATELY - MILES''- 73 VVR}�N
~E' ~~ CROSSING-- HIGH-- ` ING HIGHWAY
WAYWAY MILES ` /
PORTR
,~OF ru"/ ,"'"-` THE LINE~ � � APPLICANT �
TRIDENT INTER-
THEN CONTINUES 1.5 M� STATE PIPELINE.iLC
THROUGH LANDS BNT Citizens with questions
descTiption of
To THE KEITH LAKE ENTER- rega
,GY POWER STATION. ULTi-i ( this� }'- `
--- TERMINATING
GOLDEN PASS PRODUCTS '.
'
PROPERTY
. also be able to view the Public'' -� '
Hearing via the Citys websitO at
STATE PIPELINE, LLC
citizens with questions Sherri Bellard,City-Se GretMy,
regarding the descriptionf ' i|1MC
this property can contact the Cdy-'6fPort Arthur,Texas
Engineering Department at
._'' 9
83-8103- The public vNill Port Arthur NqwA7
also be able to view the Public Dec. 3,2025Hearing via the City's website at HEARING U
-
WWWpO
. Stmiff-Bolfard,TRIVIC
-Port Arthur.Text*
Port Arthur News',
HEARING 12.1.6,25
/
Exhibit
Citizen's Pipeline Advisory Committee Meeting
Minutes
&
Recommendation
City of Port Arthur
Citizens' Pipeline Advisory Committee
Meeting Minutes
November 24, 2025
Attendees:
Committee Members
Gerald Hatch
Dalton Antoine
Marc DeRouen
Don Collins
Pipeline Representatives:
Gregory Neal - Special Projects, Kinder Morgan
Jon Perez - Project Manager, Kinder Morgan
Carlos Mendez, P.E. - Kinder Morgan
City Staff:
Dr. Hani Tohme, P.E. - City Consultant
Pamela D. Langford - Planning Director, Asst. City Mgr, Operations
Rhonda L. Bell, Sr. Engineering Technician
Action:
Meeting was called to order at 5:57 P.M. on November 24, 2025,by City Consultant Dr.
Hani Tohme. Introductions of all individuals present were made.
Discussion began with a presentation of the project by Gregory Neal. The project
involves the installation of a twenty inch (20") and a forty-two inch (42") natural gas
pipeline. The 20"line will originate at a facility south of SH 73, approximately 1.9 miles
southwest of Port Arthur and continue in a northeasterly direction for approximately 3.3
miles before crossing SH 73, within the City of Port Arthur. The line will continue 1.4
miles through lands adjacent to SH 73 before crossing south, ultimately terminating at
the Legend Power Plant. The 42" line will begin at a facility north of SH 73,
approximately 2.5 miles southwest of Port Arthur and continue in a southeasterly
direction for approximately 15 miles before crossing SH 87, 7 miles south of Port Arthur.
The line will continue 1.5 miles through lands adjacent to the Keith Lake Entergy Power
Station, ultimately terminating at Golden Pass Products property.
Questions were asked and satisfactorily answered regarding time to completion,possible
leaks at tie-ins, testing and operating pressures, and other safety concerns, as well as the
effects to the adjacent Wildlife area. Committee members also inquired about easements
acquired from other landowners and the involvement of other entities.
Dr. Tohme asked if depths of drills could be changed to at least fifteen feet(15')or more
to adequately address newer drainage procedures being implemented by the City of Port
Arthur. Kinder Morgan Representatives indicated that they would check in to that. This
project should be completed by 2027. After the discussions and other comments, all
members of the advisory committee present,unanimously recommended approval of this
permit application.
The meeting was adjourned at 6:36 p.m.
Respectfully submitted,
LA-r-4
��, if Dr. Hani Tohme, P.E., City Consultant
CITIZENS' PIPELINE ADVISORY COMMITTEE
Trident Intrastate Pipeline, L.L.C.
Permit #25-01 for 20" Pipeline Installation
Permit #25-02 for 42" Pipeline Installation
November 24, 2025 - 5:30 PM
Meeting Attendance
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Exhibit
"C
Trident Intrastate Pipeline, L.L.C.
Major Pipeline Permit Application
#25-02
Trident Intrastate Pipeline LLC
a Kinder Morgan company
September 245 2025
City of Port Arthur
City Engineer
444 4th Street
Port Arthur,TX 77640
Re:Trident Intrastate Pipeline LLC—Mainline Segment 3 Project
To whom it may concern:
Trident Intrastate Pipeline LLC("TIP")is proposing to construct the Trident Intrastate Pipeline Project to provide an
outlet for increased intrastate natural gas production from the Permian Basin to growing market areas along the U.S.
Gulf Coast near Beaumont and Port Arthur,including existing and proposed power generation facilities and new LNG
facilities that will be in service in the next few years. This pipeline is regulated by the Railroad Commission of Texas
(TRRC) in accordance with the Department of Transportation, Pipeline and Hazardous Materials Safety
Administration(DOT PHMSA).
The Proposed Project includes the construction of approximately 219.4 miles of natural gas pipeline to include a
combination of 48-inch-diameter pipe (for 32.6 miles) and 42-inch-diameter pipe (for 186.8 miles), 0.49 mile of
facility piping,29 surface sites(four[4] compressor stations with mainline valves, 14 meter stations,and 11 mainline
valve-only sites), and 41 supporting access roads in nine (9) southeast Texas counties, including Jefferson County.
Approximately 0.58 miles of the Proposed Project crosses through the City of Port Arthur(COPA)Full-Purpose City
limits adjacent to State Highway 73.The construction start date is planned for Q1-2026.
This project will have assigned rights to land and rights-of-way across the project by private landowner easement or
permit.Permits will be obtained from USACE,TXDOT,Jefferson County and the City of Port Arthur prior to the start
of construction. Within the COPA jurisdictional boundaries,TIP seeks to obtain a permit for the construction of the
pipeline with associated ground disturbance. As part of the permit submittal process with COPA, you will find
accompanied herewith,the following files for your review.
o Completed Major Pipeline Permit Application Forms
o. Attachment A—Overall map with TIP Centerline, distances within Full-purpose limits and ETJ limits
called out
o Attachment B —Mainline-specific overview map with lit'centerline, Limits of Disturbance and 200'
buffer(offset the LOD within the full purpose only), Full-purpose limits, ETJ limits and COPA road
crossing name list table
o Attachment C—Landowner list with Kinder Morgan Parcel ID, Jefferson Co CAD tax ID,Landowner
Name,Landowner Mailing Address and Landowner Contact(phone or email)
o Attachment D—Project Plan set with Profile—Landowner name and Jefferson co CAD tax ID referenced
o Attachment E-Variance request letter related to the Major Pipeline Permit and the City of Port Arthur
Code of Ordinances,Ch. 66,Art. II,Sec. 66-51 through 66-69.
o Attachment F-Data Set of Full purpose limits only- shp and kmz files
Thank you for your consideration and attention to this matter.
Best Regards,
Many Stolle
Manager-Right-of-Way
FEE SCHEDULE
FOR
PIPELINE PERMIT
APPLICATIONS
The fees for permits and inspections of pipelines are fixed and established for the
respective purposes at the following charges:
(a) Major Permit Fee per Section 66-53 $1,500
(b) Administrative Permit Fees per Section 66-54:
1. Level One Permit $ 100
2. Level Two Permit $ 500
(c) Transfer of ownership, lease or assignments $ 100
(d) Annual records maintenance fee $ 100
(per owner or operator)
CITY OF PORT ARTHUR
JEFFERSON COUNTY, TEXAS
MAJOR PIPELINE PERMIT
TO: Trident Instrastate Pipeline LLC NO: 2C)
1001 Louisiana, Suite 1000 DATE:
Houston, TX 77002
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-named permittee for the
Construction of a proposed 42" natural gas pipeline named the
Trident Intrastate Pipeline pipeline(s) to be located in accordance with the
drawings and/or specifications attached hereto and made a part hereof. It is expressly
understood that the City of Port Arthur does not hereby grant or purport 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
the City may require the owner(s), at his own expense, to lower, adjust, relocate, or
remove such pipeline(s) on or from any public property upon thirty (30) days written
notice to the owner or agent thereof. Permittee shall be required to pay for and be
responsible for any adjustments or casings, etc. of its pipeline required because of
street improvement, 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. Installation of the pipeline(s)
within any public street, easement, alley, right-of-way, or grounds shall be performed in
accordance with instructions of the City Engineer of the City of Port Arthur and
permittee shall notify said City Engineer by letter in his office, forty-eight (48) hours
prior to any work pertaining to Trident Intrastate Pipeline therein. Upon completion
of such pipeline permittee shall notify the City
Engineer of such completion in order that the City Engineer may make a final inspection
thereof.
ti
MAJOR PIPELINE PERMIT
-2-
Special conditions for constructing, replacing or relocating pipeline(s)within the City are as follows:
A. All pipelines within or across public rights-of-way shall be constructed with pipe meeting DOT
class design factor requirement for wall thickness.
1. No pipeline will be located longitudinally under any existing or proposed pavement; unless
permitted by the City.
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 ten (10) foot
beyond said right-of-way. Provide markers in accordance with Section 66-60.
3. Any pavement repairs or right-of-way restoration necessitated as a result of the
construction or operation of any pipeline shall be made in accordance with
instructions set out by the City Engineer. Repairs or restorations will be made in
such a manner as to equal or exceed the original condition and smoothness that
existed prior to construction or operation of pipeline.
4. All drainage improvements or conditions shall be restored to as good or better
condition than their original.
5. Any pipeline crossing under any improved street may be uncased provided a
minimum depth of five (5)feet below the lowest point of the public right-of-way is
achieved and extends for a distance not less than ten (10) foot beyond the right-of-
way line of said street.
6. All pipelines shall be protected by adequate and approved cathodic protection
measures.
7. Pipelines shall be covered to a minimum depth of five (5)feet below the ultimate
flow lines of any existing ditches which it crosses under.
8. The owners of any pipeline under construction shall provide flagmen, barricades,
flares, and signs for the protection of the public for the duration of the work as
instructed by the City Engineer.
9. Other conditions or restrictions deemed necessary to provide for full use 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 five(5) feet below ground surface, except as
otherwise specified above.
i I
MAJOR PIPELINE PERMIT -3-
• 11. Said pipeline shall be designed, constructed, operated, and maintained in accordance
with the 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 stringent standard shall apply for purposes of this permit.
12. Telephone notification to the local emergency response, 911, to be made by
Permittee as required by its carrier emergency response plan at discovery of any
leak as defined per Sec.66-51. This notification is to include known information
(including name and address of operator, name and telephone number of the
reporter, location of spill, discharge and release, type and amount of material
released, and assessment of danger to public) and significant facts known by the
carrier at time of contact..
13. Permittee shall file leak reports as required by State and Federal Code Requirements.
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 the extent that such laws and regulations shall preempt or supersede the
authority of the City with respect to this Permit or provision hereof.
14. Hydrostatic test reports to be generated during construction per State and
Federal Code requirements.
15. Permittee agrees that if in the event it becomes necessary to lower, or adjust the
line(s) permitted herein because of future street improvements, utility or storm
sewer crossings within the public rights-of-way covered by this Permit, said line(s)
shall be lowered, or adjusted at the sole expense of the Permittee or its assigns.
16. Permittee agrees to install warning tape along the extents of the pipeline within the
limits of trenched construction within the city limits.
MAJOR PIPELINE PERMIT -4-
HOLD HARMLESS PROVISION
This permit is subject to and incorporates fully Chapter 66, Section 66-51 through 66-69, Code of
Ordinances. By acceptance of this Permit, permittee agrees to pay for all damages to or loss of City of
Port Arthur's property which are caused by, result from, or arise out of permittee's construction,
operation, maintenance, repair or removal of such pipeline(s) within the City limits of the City of Port
Arthur. This permittee further agrees to indemnify and hold the 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 relating to such claims, or demands, caused by, resulting from, arising, or growing out of or
connected with the granting of this permit or permittee's construction, operation, maintenance, repair or
removal of such pipeline(s) within the City limits of the City of Port Arthur. This permit shall not become
effective until the permittee has subscribed its acceptance hereof and furnished the City with bond and
certification of liability insurance as required by the City pursuant to the aforesaid Chapter.
CITY OF PORT ARTHUR
BY:
TITLE:
DATE:
ATTEST: APPROVED FOR ADMINISTRATION:
City Secretary Director of Public Works
APPROVED AS TO FORM:
Director of Planning
City Attorney
MAJOR PIPELINE PERMIT -5-
All conditions of this Permit are understood and agreed to by Permittee.
ACCEPTED:
Permittee: rident Intrastate Pipeline, LLC
By: h �f Stv [fe
Title: frj
l .06
Date: C Tila5
ATTEST:
Seal
�S y'p�¢!� MAT H W.JORDAN CHRiti1]I
;�.• �;"•,"
'+.= My NOter Id#120020245
Expire§July g,2027
BOND #
PIPELINE INSTALLATION BOND
THE STATE OF TEXAS
COUNTY OF JEFFERSON
THAT we TRIDENT INTRASTATE PIPELINE, LLC
principal, and , and surety,
authorized to do business in the State of Texas, acknowledge ourselves bound to the
City of Port Arthur, Texas, and/or any person, firm or corporation in the penal sum of
ZERO ($ 0 ) Dollars, for
the payment of which will and truly be made, we bind ourselves, our heirs, executors,
and administrators, jointly and severally be these presents.
The conditions of this obligation, however, are such that, whereas, the
said TRIDENT INTRASTATE PIPELINE is engaged in the business of constructing,
operating, and maintaining a pipeline for the transportation of petroleum products
within the City of Port Arthur, Texas, pursuant to Permit No. , granted by the
said City, said Permit requiring a bond to be furnished in accordance with Chapter 66,
Article II, Section 66-57 (a) and (c), Code of Ordinances of said City of Port Arthur,
Texas, which said Permit and Section are made a part hereof for all intents and
purposes.
NOW, THEREFORE, be it understood that Principal will comply with the
terms and conditions of Chapter 66, Article II, Sections, 66-51 through 66-69, Code of
Ordinances, the aforesaid Permit issued thereunder, and will promptly pay, within the
limits of the penal sum of this Bond, all damages for loss or injury suffered by the City
of Port Arthur and/or any person, firm, or corporation that may result from Principal's
operations under said Permit as it pertains to a public street, alley, or other public way
or easement within the City of Port Arthur during the period until completion of the
installation of the line or lines is approved in writing by the City Engineer. This Bond
PIPELINE INSTALLATION BOND PAGE 2
shall inure to the benefit of the City and any person who may suffer a loss or injury as
stated above.
The expiration of the period which this Bond covers shall not affect any
claim or cause of action thereon which may have accrued prior thereto, and the Bond
shall remain in force and effect as to such prior accrued claims or causes of action.
IN TESTIMONY WHEREOF, witness our hands this day
of , A.D.,
BY:
BY:
APPROVED AS TO FORM:
City Attorney
APPROVED FOR ADMINISTRATION this day of
A.D.,
BY:
Director of Public Works
AFFIDAVIT
THE STATE OF TEXAS §
{
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally
appeared ---? ] &h\.1 c k- known to me to be a
creditable person, who after being duly sworn upon oath did depose and say:
THAT he/she is AthY )Vl UlC"
presentative Title
and that he/she is fully authorized to make this Affidavit on its behalf as its
representative and that he/she is fully cognizant of the facts herein stated:
'THAT Trident Intrastate Pipeline LLC proposes to construct, operate, and
maintain a new 42" inch pipeline that runs within the City of Port Arthur to which
the application submitted is complete and accurate.
9
re
Uc StN
Print d Name
1\(-1\�•Tftle j fA-C4--
This instrument was acknowledged before me this the 2 f day of
�7e/o-Fz.-- v , 2025, by '3/‘( ff�n _5 (f
My Commission Expires: 7"' �� 7
Notary Public
MATTHEW JORDAN CHRISTIE Printed Name
My Notary ID#129020245
Expires July 9,2027
TRIDENT INTRASTATE PIPELINE-PORT ARTHU. 0J ta.
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Exhibit
Ordinance Variances
11767 Katy Freeway t 713.244.1001
,` Suite 850
TR C Houston, Texas 77079
September 24, 2025
City of Port Arthur
City Engineer
444 4th Street
Port Arthur, TX 77640
Re: Variance request related to the Application for Major Pipeline Permit and the City of Port Arthur Code
of Ordinances, Ch. 66,Art. II, Sec. 66-51 through 66-69
To whom it may concern:
This letter relates to the proposed Trident Intrastate Pipeline LLC's ("Trident") 42-inch Trident Intrastate
Pipeline project, specifically our proposed Pipeline construction and operation within the City of Port Arthur
(COPA) Full-Purpose Limits. As discussed with city staff at a meeting on August 12, 2025, Trident is
proposing the installation of below-grade pipeline infrastructure through the use of a horizontal directional
drill (HDD) to install pipe below SH 73 within the COPA limits. This planned installation will cross through
COPA limits immediately adjacent to the north side of SH 73.
Chapter 66 of the COPA Ordinance applies to the Trident project. Trident is requesting a variance to the
sub-sections outlined below where certain installation and operational requirements are subject to State
and Federal Agency regulatory authority. Trident's intent is to comply, generally with the Ordinance, with
only a variance requested to maintain compliance for the other jurisdictional authorities. All variances are
underlined for ease of reference.
Ordinance Variance Request/Justification No. 1:
This request updates the gas leak definition in Section 66-51 and aligns the definition with state and federal
regulatory agency definition.
• Sec. 66-51. Definitions.
Gas leak means any accidental release of hydrocarbons or other chemicals which are a gas or
vapor in the pipeline with imminent concern for public safety and that which requires State or
Federal regulatory agency report to The Railroad Commission of Texas(TRRC)or Department of
Transportation, Pipeline Health and Safety Management (PHMSA) as defined per 49 CFR 191-
192.
Ordinance Variance Request/Justification No. 2:
This request addresses the insurance type that will be maintained by Trident for the life of the permit.
Sec. 66-57. Liability protection.
(a) Any person, firm or corporation making an application for any permit under this article, which shall
include a pipeline within, under, across or along a public street, alley or other public way or easement,
shall, as a condition precedent to the granting of the permit, execute a hold-harmless agreement, on
a city form approved by the city attorney, indemnifying the city for any liability arising out of or
connected with the granting of the permit or any construction or operating pursuant thereto as it
TRCCOMPANIES.COM
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pertains to a public street, alley or other public way or easement except for the negligence of the city.
In addition, the applicant shall furnish a bond(except the case of a permit under section 66-55 where
further construction or installation is not involved)on a city form and with corporate surety satisfactory
to the city, in an amount of$15,000.00 for each location involving the crossing of all or a part of a
public street, alley, way or easement, and$10.00 per linear foot of line within the public street, alley,
way or easement in cases other than a crossing. An aggregate total bond shall not be required in
excess of$45,000.00, regardless of the number of crossings or linear feet of line within a public street,
alley, way or easement. The bond shall inure to the benefit of the city and any person who may suffer
a loss or injury as a result of the applicant's operations under his permit as it pertains to a public street,
alley or other public way or easement during the period until completion of installation of the line or
lines is approved in writing by the city engineer. The applicant shall further maintain at all times during
the life of the permit comprehensive commercial general liability insurance for bodily injury and
property damage, including explosion, collapse and underground hazard coverage, in the minimum
combined single limit amount of$3,000,000.00.
Ordinance Variance/Justification Request No. 3:
This request defines the city office of emergency management number as 911 for clarity to the permittee
and to align with state and federal regulations.
• Sec. 66-61. Hazardous material spill, discharge or release.
(a) Telephone notification required.
(1) The operator or owner of any pipeline, or any employee, who discovers any spill, discharge
or release of any flammable liquid, combustible liquid or other material that is reportable
pursuant to any federal or state laws and regulations, or other local laws or regulations, or
which produces a risk to the health, safety or welfare of the public, shall immediately notify
by telephone the city's office of emergency management, 911.
Ordinance Variance/Justification Request No. 4:
This request updates the permittee leak reporting requirements to align more closely with state and federal
regulatory requirements for the permittee. Reports are required to be filed within 30 days of a leak to the
federal agency which are available to the state agency.
This request also updates the permitter requirements that may support any reporting or investigation
requirements within the ordinance that may be required of the city engineer. It is recommended by the
permittee that the state agency retain investigation authority and maintain a central point of contact and
any reports the city may require to be requested from the state agency.
This request defines the city office of emergency management number as 911 for clarity to the permittee
and to align with state and federal regulations.
• Sec. 66-62. Required leak reports;all pipelines.
(a) The city office of emergency management shall provide notification to the city engineer of any
pipeline leak reported through its call center. Leak is as defined in section 66-51. The city
engineer, upon receiving verbal notification of a leak, shall request information from the
appropriate state or federal regulatory agencies. The city engineer shall inform the city council of
the reported leak and shall furnish the city council a copy of the written leak report when received.
The written report shall provide at a minimum the information required on the most current
Department of Transportation or state railroad commission leak report form. Additional records,
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such as the following, may be requested by the city engineer of the permitted company through
appropriate state or federal regulatory agencies:
(1) Operating procedure and maintenance plan;
(2) Emergency plan; '
(3) Construction records and test report.
(b) Emergency notification regarding leaks that represent an imminent danger to the public shall
be made to the city's office of emergency management, 911.
(Code 1961, § 15-41)
Ordinance Variance/Justification Request No. 5:
This request updates the ordinance to require permittee to confirm that an integrity management and an
inspection program are in place and on file with the state and federal regulatory agencies and how to obtain
access to such information
• Sec. 66-63. Pipeline permitting and inspection.
(a) The city engineer is given the powers required to perform the duties necessary to carry out the
intent of this article including, but not limited to, the following duties:
(1) Develop, receive and process pipeline permit applications;
(2) Receive and review all required reporting outlined in section 66-59, section 66-61 and section
66-62;
(3) Enforce this article;and
(4) Confirm with pipeline owner that integrity management and inspection programs are in place
and on file with the appropriate state and federal agencies.
(b) It shall be the duty of pipeline owners and operators to cooperate with the city on inquiries to
integrity management or inspection programs information that which could also be retrieved by public
information request through the appropriate state or federal agencies. These inspections shall not
relieve the owners or operators of their independent responsibility for meeting the standards required
by this section, nor shall the inspections be construed to create any duty, assume any responsibility
for or constitute any representation as to the condition of the pipelines for the benefit of the owner,
operator or third parties.
(Code 1961, § 15-42)
Ordinance Variance/Justification Request No. 6:
This request updates the ordinance to remove individual responsibility as full responsibility lies with the
permitted entity.
• Sec. 66-64. Penalty; revocation of permit; nuisance; individual's responsibility.
(a) Except as otherwise specified, any person, firm, corporation or agent, who shall violate or fail or
refuse to comply with any of the provisions of this article, or of any permit issued under this article,
or fail to comply therewith, or with any of the requirements thereof in violation of this article shall be
guilty of a misdemeanor. Each and every day or portion of a day during which any violation of any
of the provisions of this'article is committed or continues constitutes a separate offense and, upon
conviction, shall be punished as provided by section 1-13 of this Code. In addition, the city may at
its option revoke any permit granted under this article and order the cessation of operation of any
pipeline or pipeline system constructed or maintained pursuant to the permit. Prior to the revocation
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of any permit, the city council shall set a time and place for a hearing on revocation. The city
secretary shall be directed to give written notice to the holder of the permit by certified mail at least
15 days prior to the date set for the hearing. The following shall be grounds for revocation of permit
by the city council:
(1) The permit was obtained by fraud or misrepresentation.
(2) The owner or operator of the pipeline has violated the provisions of this article.
(b) The city council further finds, determines and ordains that the operation of any pipeline in violation
of any of the provisions of this article constitutes a condition which imperils and threatens the public
health, safety and welfare, which interferes with and endangers the reasonable and peaceful use
of public and private property, and which is a nuisance and shall be subject to all of the remedies
by law or equity.
(c) Each permit shall specify, and each permittee, by its written acceptance of the permit, shall agree
that the permittee shall be liable to the city for the city's reasonable attorney fees, expert witness
fees, other direct expenses and court costs in any legal proceedings resulting in a finding of any
violation of its permit.
(d) N/A
Major Pipeline Permit Application -Variance/Justification Requests:
This request updates the application to align with the ordinance variance requests proposed by the
permittee and aligns the requirements to state and federal regulatory agencies or industry best practice for
design and construction. Additions or modifications are underlined for ease of reference along with specific
justification noted below the proposed changes.
(Page 3) MAJOR PIPELINE PERMIT
Special conditions for constructing, replacing or relocating pipeline(s) within the City are as follows:
A. All pipelines within or across public rights-of-way shall be constructed with pipe meeting DOT class
design factor requirement for wall thickness.
Justification: Aligns with 49 CFR 192 requirements. The pipe specification and hydrotest
planned for the project is adequate for existing class location and future
population growth.
1. No pipeline will be located longitudinally under any existing or proposed pavement; unless
permitted by the city.
Justification: All road crossings are perpendicular.
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 ten (10) foot beyond said right-of-way. Provide
markers in accordance with Section 66-60.
Justification: Aligns with the drawings submitted and planned construction approach for
the project.
3. Any pavement repairs or right-of-way restoration necessitated as a result of the construction or
operation of any pipeline shall be made in accordance with instructions set out by the City Engineer.
Repairs or restorations will be made in such a manner as to equal or exceed the original condition
and smoothness that existed prior to construction or operation of pipeline.
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4. All drainage improvements or conditions shall be restored to as good or better condition than their
original.
5. Any pipeline crossing under any improved street may be uncased provided a minimum depth of
five(5)feet below the lowest point of the public right-of-way is achieved and extends for a distance
not less than ten (10)feet beyond the right-of-way line of said street.
Justification: Uncased road crossings are proposed on the project as the pipe specification
proposed is adequate for highway loading in uncased stress analysis review.
It is industry best practice for uncased crossings to be installed to reduce risk
of cathodic protection issues and corrosion concerns. Alignment with item 2.
for installation beyond the street right-of-way.
6. All pipelines shall be protected by adequate and approved cathodic protection measures.
7. Pipelines shall be covered to a minimum depth of five (5) feet below the ultimate flow lines of any
existing ditches which it crosses under.
Justification: Alignment with industry best practice for pipeline construction and damage
prevention.
8. The owners of any pipeline under construction shall provide flagmen, barricades, flares, and signs
for the protection of the public for the duration of the work as instructed by the City Engineer.
9. Other conditions or restrictions deemed necessary to provide for full use 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 five (5) feet below ground surface, except as otherwise specified
above.
Justification: Design improvement for pipeline protection and damage prevention.
11.Said pipeline shall be designed, constructed, operated, and maintained in accordance with the
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 stringent standard shall apply for purposes
of this permit.
12. Telephone notification to the local emergency response, 911, to be made by Permittee as required
by its carrier emergency response plan at discovery of any leak as defined per Sec.66-51. This
notification is to include known information (including name and address of operator, name and
telephone number of the reporter, location of spill, discharge and release, type and amount of
material released, and assessment of danger to public) and significant facts known by the carrier
at time of contact.
Justification: Alignment with ordinance variance request and meets state and federal
regulatory requirements.
13. Permittee shall file leak reports as required by State and Federal Code Requirements. 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 the extent that such laws
and regulations shall preempt or supersede the authority of the City with respect to this Permit or
provision hereof.
14. Hydrostatic test reports to be generated during construction per State and Federal Code
requirements.
Justification: Alignment with state and federal agency requirements.
15. Permittee agrees that if in the event it becomes necessary to lower, or adjust the line(s) permitted
herein because of future street improvements, utility or storm sewer crossings within the public
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rights-of-way covered by this Permit, said line(s) shall be lowered, or adjusted at the sole expense
of the Permittee or its assigns.
16. Permittee agrees to install warning tape along the extents of the pipeline within the limits of trenched
construction within the city limits.
Justification: Industry best practice proposed for additional pipeline protection and damage
prevention.
Thank you for your consideration and attention to this matter. Please contact me if you have any questions.
Best Regards,
- _`'�P.. OF TFns 1
* �'� '; *'I
GONZALO LEONARDO CABRERA
// :�o•rJ. 136647 5
Gonzalo Cabrera, P.E. tt1°r.Fs.<�ceNSE�
TRC Pipeline Services LLC �h s/OVAL ?=
gcabrera@trccompanies.com
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