HomeMy WebLinkAboutRES 21-003RESOLUTION NO. 21-003
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to enter into a Pipeline License
Agreement with ExxonMobil Oil Corporation, substantially in the form attached hereto
as Exhibits "A," to install a ten inch (10") liquid hydrocarbon transport pipeline. The
pipeline will cross Jim Gilligan Way and Sulphur Drive for the purpose of transporting
liquid hydrocarbon. Said pipeline is to be constructed in compliance with City
requirements; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to enter into a Pipeline License Agreement with ExxonMobil Oil Corporation,
substantially in the form attached hereto as Exhibits "B," to install a twelve inch (12")
liquid hydrocarbon transport pipeline. The pipeline will cross Jim Gilligan Way and
Sulphur Drive for the purpose of transporting liquid hydrocarbon. Said pipeline is to be
constructed in compliance with City requirements.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
January, 2021.
P,
96yor Becky
CITY OF BEAUMONT
APPLICATION FOR
PIPELINE LICENSE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
Business Name: ExxonMobil Oil Corporation Business Phone: M 537-5200
Business Address: 22777 Springwoods Village Parkway Spring TX 77399
The City of Beaumont, hereinafter called "City", for and in consideration of the sum
specified herein $500.00
hereby grants to
Exxon -Mobil Oil. Corporation for EMOC 141
hereinafter called "Licensee", the license
to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water,
or their products, on or across the following properly situated in the City of Beaumont,
Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto
and made a part hereof for all purposes.
Street Name or R.O.W. Description Length Linear Feet)
Jim Gilligan Way 62 Feet $ 139.50
Sulphur Drive 102 Feet -$ 229.50
1
EXH1B1T"A"
COST OF LICENSE:
Licensee shall make payment to the City of Beaumont as follows:
o License Agreement fee - $500.00
o Annual fee of $2.25 per linear foot of pipeline located within City property.
Said fee shall be reset on January 31, 2011 and shall be reset every ten
(10) years, thereafter, to a level to be determined by the City Council or their
delegated representative.
All fees, including the first annual fee for linear foot usage shall be made to the
Engineering Division and. payable to the City of Beaumont prior to
construction.
This license is granted by the City of Beaumont subject to conditions. Failure to comply with
the following may result in termination of agreement (see page 8).
GENERAL CONDITIONS:
o Licensee does not intend to sell product for resale from the covered pipeline
to customers located within the City; however; Licensee recognizes that
should it sell product for resale from this covered pipeline to customers
within the City, it will be required to report such distribution and when
lawfully required -to do so, 'pay a street rental fee based on revenues. The
annual fee and the regulations controlling the payment of such fee will be those
as lawfully established by the ordinances of the City.
o All pipelines crossing public rights -of -way shall.be bored from right-of-way
line to right-of-way line. Within these limits, the pipeline shall be
protected by casing or other method approved by the City and/or the Texas
Department of Transportation.
o The pipeline shall be constructed in such a manner as approved by the City so
as it does not interfere with the use of the City property.
2.
o The pipeline shall be. installed a minimum of five (5) feet below the lowest
existing or proposed ditch grades, waterlines, sanitary sewer lines or storm
drainage lines, unless otherwise authorized by the City and/or Texas
Department of Transportation. Such grades and lines shall be indicated on
map submittal, as well as depth of proposed pipeline (see page 4).
The construction and operation of the pipeline shall not interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, waterlines, or other utilities.
Damage to existing ditch grade during construction or maintenance of the
pipeline shall be corrected and the ditch grade shall be restored. to the
condition and grade at which it existed prior to construction or
maintenance. Bore pits shall be backfilled according to City standards.
o Excavations necessary for the construction, repair, or maintenance of the
pipeline shall be performed in- such a manner that will cause minimal
inconvenience to the public. Licensee shall promptly restore the area to as
good a condition as before working - thereon and to the reasonable
satisfaction of the City's Engineering Division and/or the Texas
Department of Transportation.
Operations along roadways shall be performed in such a mariner. that all
excavated materials will be kept off the pavements at all times, as well as
all operating equipment and materials. All property where operations are
performed will be restored to original condition or better. No equipment
or installation procedures will be used which will damage any road surface
or structures. The cost of any repairs to road surface, roadbed, structures
or other right-of-way features as a result of this installation will be borne
by the owner of this line.
o Barricades, warning signs and lights, and flagpersons shall be provided by
the contractor or owner when necessary. Only under extreme
circumstances, as deemed necessary by the City Engineer, will open cutting
of a street or roadway be allowed. All barricading must be by permit and
approved by the City (public Works Department) in advance.
o Any construction which takes place in, on under, above, or across
property not owned by the City shall require additional permission by the
owner(s) of the property involved. Written proof of said permission is to be
provided to the City as part ofthe application process. Approval ofthis license
agreement excludes .permission to do any construction on property which is
not owned by the City of Beaumont.
3
o Any licenses, permits or agreements required by another governmental entity
(County, State or Federal) shall be obtained and a copy of such document
shall be provided to the City.
If agreement is not required by said governmental entity, then -documentation
regarding such will be provided to the City of Beaumont.
o Licensee shall provide copies of all necessary agreements to be obtained
from other City Departments.
o Licensee shall be responsible for acquiring all agreements necessary for the
lawful use of any private property.
o A map showing the location of the proposed pipeline shall be provided.
(1 11=2,000` City of Beaumont map or United States Geological Survey
Map)
o The pipeline shall. be maintained and operated in such a manner as not to
leak and/or cause damage to any City streets, alley, easements or other
property. Once the pipeline is in operation, any damage that occurs to the
pipeline which results in exposure or release of product must be reported
immediately to. the City Fire Department and Public Work's
Department. Licensee shall fully cooperate with the Fire Department and
provide, or assist with providing, any and all necessary. notifications,
evacuations or other, necessary actions.. -Leaks or other defects are to be
repaired immediately by Licensee at it's own cost. .
o The Licensee shall be responsible for the cleanup and remediation of
contaminated areas due to exposure or release of product and any and all costs
associated with said cleanup and remediation.
o The Licensee shall be responsible for any and all costs associated with the .
relocation of the pipeline. As provided, the necessity for relocation of the
pipeline shall be solely within the discretion of City and/or the Texas
Department of Transportation.
o Permits which allow lines to be maintained or constructed m.City right-of-
way shall be obtained by Licensee or it's contractor prior. to beginning
maintenance or construction. The fee for such permits is in addition to this
License Agreement fee. (See Cost of License)
o Installation will be done in accordance with all City standards and statutes
of the State of Texas.
4
REQUIRED COVERAGE:
o Licensee shall furnish the City with a Certificate of Standard Liability
Insurance, including bodily injuries and property damage, naming the City of
Beaumont as an Additional Insured. Such policy shall provide for the
following minimum coverage:
o Bodily injuries: $ 300,000.00 per person
$1,000,000.00 per incident
o Property Damage: $1,000,000.00
Such insurance shall be maintained in force and effect during the
construction or required maintenance of the pipeline and during the life of
the pipeline.
Such certificate shall contain a provision that. at least fifteen (15) days
written notice must be given to the City prior to cancellation, alteration,- or
modification of such insurance.
Licensee shall have in force with the City a surety bond in the principal
amount of $1,000,000.00. The bond shall be payable to the City of
Beaumont for the use and benefit of any person entitled thereto and
conditioned that the principal and surety will pay all damages to any person
caused by, or arising from, or growing out of any violation of the terms of
this agreement. The bond shall.provide that it may not be cancelled, altered,
or otherwise modified without giving fifteen (15) days prior written notice to
the City. The bond shall be good and in effect for aperiod of one (1),year
from the date of completion of construction of the pipeline.
Licensee shall indemnify, save, and hold harmless the City of Beaumont
from any and all claims for injuries and damages to persons or property
occasioned by or arising out of the construction, maintenance, operation,
repair .or removal of the pipeline. This indemnity expressly extends to
claims alleging negligence by the City of Beaumont, it's agents, officers or
employees, arising from actions taken or occurrences under this license
agreement.
o If the pipeline or any part thereof installed by Licensee shall be in any
respect damaged or injured by City or any of its -agents or employees in
connection with the performance of any work or repairs that may be done
upon the property mentioned herein:
Licensee shall not be entitled to prosecute or maintain a claim against the City of
Beaumont for any such damage or injuries so sustained by it; however, said
conditions shall not prevent Licensee from recovering against any contractor who
shall damage Licensee's property in the course of such contractor's performance of
any contract with the City.
OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.:
o City will use its best efforts to notify Licensee of any proposed
construction and/or maintenance, to be done by City forces or by contract
for the City, within the R.O.W. involved with this license.
Notification, to Licensee, of other construction and/or maintenance
permitted by the City and within the R.O.W. involved with this license will
be the responsibility of the company obtaining said permit.
Licensee shall mark the location of its lines within forty-eight (48) hours
after receipt of such notification of proposed construction.
Licensee shall. maintain a local, or toll free, telephone number to. be
called for notification of construction or maintenance and for location of
lines. Such number, or charges to such number, will be provided to the City
(Department of Public Works) and kept current at all times. This number
shall be provided to entities permitted to construct, maintain or excavate
within this City R.O.W. and which are required to provide notification of
such work. When information has been relayed to Licensee, through the
phone number provided, such contact shall constitute notification for
Licensee to provide location of its lines. Failure, by Licensee, to respond
within . the required time frame shall alleviate: the responsibility of the
person(s) requiring the lines to be relocated.
o City reserves the right to lay, and to permit to be laid, sewer, gas, water
and other pipes and cables, and to do or permit to be done. any underground
work that may be deemed to be necessary or proper by City in, across,
along, or under any of the streets, alleys and easements, and to change any
curb or sidewalk or the grade of any said streets. In .doing or permitting
any such work, the City of Beaumont shall not be liable to Licensee for any
damage occasioned; it being understood that nothing herein shall be
construed as foreclosing Licensee's rights to recover damages against any
contractor or third party who may be responsible for damages to Licensee's
facilities.
6
11
o Whenever by reason of the change in the grade of any street occupied by
Licensees' pipeline or construction of a new street or highway along or
over said street, or by reason of the location or manner, of constructing
drainage structures, water pipes, gas pipes, sewers, or other underground
construction for any purpose whatever, it shall be deemed necessary by
City to relocate, alter, encase, change, adopt or conform the pipeline of
Licensee thereto, such change shall be made promptly by Licensee at its cost
and without claim for reimbursement or damages against City. If the
change is demanded by the City for the benefit of any other person or
private corporation, except the City or the Texas Department of
Transportation, Licensee shall be reimbursed fully by the person or
corporation desiring or occasioning such change for any expense arising out
of such change; provided, however, should the change be requested by the
Texas Department of Transportation or be required due to construction of
a state or federal highway, Licensee will, upon notice from the City, make
such change immediately and at its own cost; it being understood that City
will not participate in any part of the cost of any change involving
relocation, altering, encasing, boring, or changing in any manner of the
pipeline where same is in a City street, alley, easement or other right-of-
way.
NOTIFICATIONANSPECTION:
o Any and all work to be performed on City right-of-way (R.O.W.) shall be
observed and inspected by a City representative. Any work to be
performed within the City limits will be subject to periodic inspection to
ensure compliance with construction standards.
0 Licensee shall provide the City (Public Works Department - Engineering
Division) twenty-four (24) hours prior to the installation of the lines
permitted by this license. Licensee shall also notify the City twenty-four
(24) hours prior to any street or R.O.W. crossing. A representative will
be scheduled to be present. The expense of such inspection services may
be billed to the Licensee and such amounts will be reimbursed to the City.
Licensee shall notify the Engineering Division at least forty-eight (48)
hours prior to completion of work and removal of equipment from the job
site to permit the City to make an inspection.
7
SPECIAL CONDITIONS:
Nonassignable
This license is personal to the Licensee. It is nonassignable and any attempt to assign this
license will terminate the license privileges granted to Licensee hereunder.
Termination
This agreement is subject to termination by the City if any condition specified herein is
not met. This agreement may also be terminated by the Licensee. Either party attempting
to terminate this agreement shall give written notice to the other specifying the date of,
and the reason for, termination. Such notice shall be given not less than thirty (30) days
prior to the termination date therein specified. Any written notice may be effected either
by personal delivery or by registered or certified mail, postage prepaid with return receipt
requested. Mail notices shall be addressed to the addresses of the parties as follows:
Mobil Pipe Line Company &
City of Beaumont Name. of Licensee: ExxonMobil Oil Cotporation
P.O. Box 3827
.Beaumont, Texas 77704 Address of Licensee: 22777 Springwoods Village Parkway
Attn: City Manager City and State of Licensee: Spring, Texas 77389
Upon cancellation, the pipeline shall be removed and property restored to a condition
acceptable to the City Engineer. In the event of cancellation, any and all monies
collected for fees associated with this agreement will remain the property of the City.
There will be no reimbursements.
Commencement of work on the pipeline by Licensee after the date of this fully executed
license shall be construed as evidence of Licensee's acceptance and approval of the
conditions above set forth.
IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents
to be signed by its City Manager and the seal of the City to be herewith affixed by the City
Clerk, this day of A.D. 20
ATTEST:
City Clerk
n
N.
CITY OF BEAUMONT, TEXAS
LIM
Kyle Hayes, City Manager
APPLICANT'S COMPANY NAME:
(Licensee)
Mobil Pipe Line Company &
ExxonMobil Oil Corporatioin
Represented
Matthew Homeman
Attorney in Fact
Title
\pipelines\\pipeline license agree 9 Revised 12-14-2007
JEFFERSON COUNTY, TEXAS
J.W. BULLOCK SURVEY, ABSTRACT NO. 7
21
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MINIMUM TEST PRESSURE283B PSIG
MAXIMUM OPERATING PRESSURE: 1892 PSIG
INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED
CATHODIC PROTECTION: IMPRESSED CURRENT
5 PROPOSED 10" EMOC-139 PIPELINE
PRODUCE PROPANE
CROSSING PIPE: 10.75' O.D. X 0.469' W.T., X-65, PSL2, SMLS
12-16 MILS FBE & 20.24 MILS ARO
MINIMUM TEST PRESSURE: 2160 PSIG
3 MAXIMUM OPERATING PRESSURE 1440 PSIG
INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED
5 CATHODIC PROTECTION: IMPRESSED CURRENT
9
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CITY OF BEAUMONT
APPLICATION FOR
PIPELINE LICENSE. AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
Business Name: ExxonMobil Oil Corporation Business Phone: n 537-5200
Business Address: 22777 Springwo6ds Village Parkway Spring TX 77389
The City of Beaumont, hereinafter called "City", for and in consideration of the sum
specified herein $500.00
ExxonMobil Oil Corporation for EMOC 139
hereby grants to
hereinafter called "Licensee", the license
to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water,
or their products, on. or across the following property situated in the City of Beaumont,
Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto
and made apart hereof for all purposes.
Street Name or R.O.W. Description Len tg_h (Linear Feetl
Jim Gilligan Way 62 Feet - $139.50
Sulphur Drive 102 Feet - $229.50
1
EXHIBIT "B"
COST OF LICENSE:
Licensee shall make payment to the City of Beaumont as follows:
o License Agreement fee - $500.00
o Annual fee of $2.25 per linear foot of pipeline located within City property.
Said fee shall be reset on January 31, 2011 and shall be reset every ten
(10) years, thereafter, to a level to be determined by the City Council or their
delegated representative.
All fees, including the first annual fee for linear foot usage shall be made to the
Engineering Division and payable to the City of Beaumont prior to
construction.
This license is granted by the City of Beaumont subject to conditions. Failure to comply with
the following may result in termination of agreement (see page 8).
GENERAL; CONDITIONS:
o Licensee does not intend to sell product for resale from the covered pipeline
to customers located within the City; however, Licensee recognizes that
should it sell product for resale from this covered pipeline to customers
within the City, it will be required to report such distribution and when
lawfully required to do so, pay a street rental fee based on revenues. The
annual fee and the regulations controlling the payment of such fee will be those
as lawfully established by the ordinances of the City.
o All pipelines crossing public rights -of -way shall be bored from right-of-way
line to right-of-way line. Within these limits, the pipeline shall -be
protected by casing or other method approved by the City and/or the Texas
Department of Transportation.
o The pipeline- shall be constructed in such a manner as approved by the City so
as it does not interfere with the use of the City property.
2
o The pipeline shall be installed a minimum of five (5) feet below the lowest
existing or proposed ditch grades, waterlines,. sanitary sewer lines or storm
drainage lines, unless otherwise authorized by the City and/or Texas
Department of Transportation. Such grades and lines shall be indicated on
map submittal, as well as depth of proposed pipeline (see page 4).
The construction and operation of the pipeline shall not interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, waterlines, or other utilities.
Damage to existing ditch grade during construction or maintenance of the
pipeline shall be corrected and the ditch grade shall be restored to the
condition and grade at which it existed prior to construction or
maintenance. Bore pits shall be backfilled according to City standards.
o Excavations necessary for the construction, repair, or maintenance of the
pipeline shall be performed in such a manner that will cause minimal
inconvenience to the public. Licensee shall promptly restore the area to as
good a condition as before working ' thereon and to the reasonable
satisfaction of the City's Engineering Division and/or the Texas
Department of Transportation.
o Operations along roadways -shall be performed in such a mariner that all
excavated materials will be kept off the pavements at all times, as well as
all operating equipment and materials. All property where operations are
performed will be restored to original condition or better. No equipment
or installation procedures will be used whichwill damage any road surface
or structures. The cost of any repairs to road surface, roadbed, structures
or other right-of-way features as a result of this installation will be borne
by the owner of this line.
o Barricades, warning signs and- lights, and flagpersons shall be provided by
the contractor or owner when necessary. Only under extreme
circumstances, as deemed necessary by the City Engineer, will open cutting
of a street or roadway be allowed. All barricading must be by permit and
approved by the City (Public Works Department) in advance.
o Any construction which takes place in, on under, above, or across
property not owned by the City shall require additional permission by the
owner(s) of the property involved. Written proof of said permission is to be
provided to the City as part of the application process. Approval of this license
agreement excludes permission to do any construction on property which is
not owned by -the City of Beaumont.
o Any licenses, permits or agreements required by another governmental entity
(County, State or Federal) shall be obtained and a copy of such document
shall be provided to the City.
If agreement is not required by said governmental entity, then documentation
regarding such will be provided to the City of Beaumont.
o Licensee shall provide copies of all necessary agreements to be obtained
from other City Departments.
o Licensee shall be responsible for acquiring all agreements necessary for the
lawful use of any private property.
o A map showing the location of the proposed pipeline shall. be provided.
(1 11=2,000'- City of Beaumont map or United States Geological Survey
Map)
o The pipeline shall be maintained and operated in such a manner as not. to
leak and/or cause damage to any City streets, alley, easements or other
property. Once. the pipeline is in operation, any damage that occurs to the
pipeline which results in exposure or release of product must be reported
immediately to : the City Fire Department and Public Work's
Department. Licensee shall fully cooperate with the Fire Department and
provide, or assist with providing, any --and all necessary notifications,
evacuations or other necessary actions. Leaks or other defects are to be
repaired inimediately.by. Licensee at it's own cost.
o The Licensee shall be responsible for the cleanup and remediation of
contaminated areas due to exposure or release of product and any and all costs
associated with said cleanup and remediation. .
o The Licensee shall be responsible for any and all costs associated with the
relocation of the pipeline. As provided, the necessity for relocation of the
pipeline shall be solely within . the discretion of City and/or the Texas
Department of Transportation.
o Permits which :allow lines to be maintained or constructed in City right-of-
way shall be obtained by Licensee or it's contractor prior to beginning
maintenance or construction. The fee for such permits is in addition to this
License Agreement fee. (See Cost of License)
o Installation will be done in accordance with all City standards and statutes
of the State of Texas.
4
REQUIRED COVERAGE:
Licensee shall furnish the City with a Certificate of Standard Liability
Insurance, including bodily injuries and property damage, naming the City of
Beaumont as an Additional Insured. Such policy shall provide for the
following minimum coverage:
o Bodily injuries: $ 300,000.00 per person
$1,000,000.00 per incident
o Property Damage: $1,000,000.00
Such insurance shall be maintained in force and effect during the
construction or required maintenance of the pipeline and during_ the life of
the pipeline.
Such certificate shall contain a provision that at least fifteen (15) days
written notice must be given to the City prior to cancellation, alteration, or
modification of such insurance.
o Licensee shall have in force with the City a surety bond in the principal
amount of $1,000,000.00. The bond shall be payable to the City of
Beaumont for the use and benefit of any person entitled thereto and.
conditioned that the principal and surety will pay all damages to any person
caused by, or arising from, or growing out of any violation of the terms of
this agreement. The bond shall provide that it may not be cancelled, altered,
or otherwise modified without giving fifteen (15) days prior written notice to
the City. The bond shall be good and in effect for aperiod of one (1) year
from the date of completion of construction of the pipeline.
Licensee shall indemnify, save' and hold harmless the City of Beaumont
from any and all claims for injuries and damages to persons or property
occasioned by or arising, out of the construction, maintenance, operation,
repair or removal of the pipeline. This indemnity 'expressly extends- to
claims alleging negligence by the City of Beaumont, it's agents, officers -or
employees, arising from actions taken or occurrences under this license
agreement.
o If the pipeline or . any part -thereof installed by Licensee shall be in any
respect damaged or injured by City: or any of its agents or employees in
connection with the performance of any work or repairs that may be done
upon the property mentioned herein:
5
Licensee shall not be entitled to prosecute or maintain a claim against the City of
Beaumont for any . such damage or injuries so sustained by it; however, said
conditions shall not prevent Licensee from recovering against any- contractor who
shall damage Licensee's property in the course of such contractor's performance of
any contract with the City.
OTHER CONSTRUCTION/MAINTENANCE WITHIN: R.O.W.:
City will use its best efforts to notify Licensee of any proposed
construction and/or maintenance, to be done by City forces or by contract
for the City, within the R.O.W. involved with this license.
Notification, to Licensee, of other construction and/or maintenance
permitted by the City and within the R.O.W. involved with this license will
be the responsibility of the company obtaining said permit.
Licensee shall mark the location of its lines within forty-eight (48) hours
after receipt of such notification of proposed construction.
Licensee shall maintain a local, or toll free, telephone number to be
called for notification of construction or maintenance and for location of
lines. Such number, or charges to such number, will be provided to the City
(Department of Public Works) and kept current at all times. This number
shall be provided to entities permitted to construct, maintain or excavate
within this City R.O.W. and which are required to provide notification of
such work. When information has been relayed to Licensee, through the
phone number provided, such contact shall constitute notification for
Licensee to provide location of its lines. Failure, by Licensee, to respond
within the required time frame shall alleviate- the responsibility of the
person(s) requiring the lines to be relocated.
o . City reserves the right to lay, and to permit to be laid, sewer, gas, water
and other pipes and cables, and to do or permit to be done any underground
work that may be deemed to be necessary or proper by City in, across,
along, or under any of the streets, alleys and -easements, and to change any
curb or sidewalk or the grade of any said streets. In doing or permitting
any such work, the City of Beaumont shall not -be liable to Licensee for any
damage occasioned; it being understood that nothing herein shall be
construed as foreclosing Licensee's rights to recover damages against any
contractor or third party who may be responsible for damages to Licensee's
facilities.
o . Whenever by reason of the change in the grade of any street occupied by
Licensees' pipeline or construction of a new street or highway along or
over said street; or by reason of the location or manner of constructing
drainage structures, water pipes, gas pipes, sewers, or other underground
construction for any purpose whatever, it shall be deemed necessary by
City to relocate, alter, encase, change, adopt or conform the pipeline of .
Licensee thereto, such change shall be made promptly by Licensee at its cost
and without claim for reimbursement or damages. against City. If the
change is demanded by the City for.the benefit of any other person or
private corporation, except the City or. the Texas . Department of
Transportation, Licensee shall be reimbursed fully by the person. or
corporation desiring or occasioning such change for any expense arising out
of such change; provided, however, should the change be requested by the
Texas Department of Transportation or be required due to construction of
a state or federal highway, Licensee will, upon notice from the City, make
such change immediately and at its own cost; it being understood that City
will not participate in any part of the cost of any change. involving
relocation, altering, encasing, boring, or changing in any manner of the
pipeline where same is in a City street, alley, easement or other right-of-
way.
NOTIFICATIONANSPECTION:
Any and all work to be performed on City right-of-way (R.O.W) shall be
observed and inspected by a City representative. . Any work to be
performed within the City Iimits will be subject to periodic inspection to
ensure compliance with construction standards.
o Licensee shall provide the City (Public Works Department - Engineering
Division) twenty-four (24) hours prior to the installation of the lines
permitted by this license. Licensee shall also notify the City twenty-four
(24) hours prior to any street or R.O.W. crossing. A representative will
be scheduled to be present. The expense of such inspection services may
be billed to the Licensee and such amounts will be reimbursed to the City.
o Licensee shall notify the Engineering Division at least forty-eight (48)
hours prior to completion of work and removal of equipment from the job
site to permit the City to make an inspection.
V1
SPECIAL CONDITIONS:
Nonassi ngnable
This license is personal to the Licensee. It is nonassignable and any attempt to assign this
license will terminate the license privileges granted to Licensee hereunder.
Termination
This agreement is subject to termination by the City if any condition specified herein is
not met. This agreement may also be terminated by the Licensee. Either parry attempting
to terminate this agreement shall give written notice to the other specifying the date of,
and the reason for, termination. Such notice shall be given not less than thirty (30) days
prior to the termination date therein specified. Any written notice may be effected either
by personal delivery or by registered or certified mail, postage prepaid with return receipt
requested. Mail notices shall be addressed to the addresses of the parties as follows:
Mobil Pipe Line Company &
City of Beaumont Name. of Licensee: ExxonMobil Oil Corporation
P.O. Box 3827
Beaumont, Texas 77704 Address of Licensee: 22777 Springwoods Village Parkway
Attn: City Manager City and State of Licensee: Spring, Texas 77389
Upon cancellation, the pipeline shall be removed and property restored to a condition
acceptable to the I City Engineer. In the event of cancellation, any and- all monies
collected for fees associated with this agreement will remain the property of the City.
There will be no reimbursements.
. . f
Commencement of work on the pipeline by Licensee after the date of this fully executed
license shall be construed as evidence of Licensee's acceptance and approval -of the
conditions above set forth.
IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents
to be signed by its City Manager and the seal of the City to be herewith affixed by the City
Clerk, this day of , A.D. 20
ATTEST:
City Clerk
/1
CITY OF BEAUMONT, TEXAS
in
Kyle Hayes, City Manager
APPLICANT'S COMPANY NAME:
(Licensee)
Mobil Pipe Line Company &
ExxonMobil Oil Corporatioin
Represented
Matthew Horneman
Attorney in Fact
Title
\pipolincs\\pipclinc lictnse agree 9 Revised 12-14-2007
?N ;+7, JEFFERSON COUNTY, TEXAS
J.W. BULLOCK SURVEY, ABSTRACT NO. 7
J t PROPD.S 01�e4 ;'IG
OC•141 PIPELiNE3 li i
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COR2-JE-01210D \ COR2JE-011.900 \ E: 3520921.67 COR2JE-011.000
LAT. 30'OZ09.06-N
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VICINITY MAP CLPROPOSED 'I2 \ 64. e�
EMOC-141 PIPELINE i+0o —�, —2+Do 3+00 4+0D
Nt13957076.58 N: 13957138.15 J FLOW
CL PROPOSED 10' E 3957076.58 ~y E: 3528934.375289D8—T
46
EMOC-139 PIPELINE LAT:30'02'08.76 N \ ~' f LAT:30'0Z'09.36'N
=4 k7� LONG:94°D4'01.65'W
'W \ `\ 1. '� LONG: 94'04'01.32
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o PROPOSED 12" EMOG741 PIPELINE
PRODUCT: ETHYLENE NATUAL R
CROSSING PIPE:1275' O.D. X 0.469- W.T., X-65, PSL2, SMLS NATURAL GROUND
12.16 MILS FBE & 20-24 MILS ARO GROUND
MINIMUM TEST PRESSURE: 283E PSIG 20- ... ................................. .. 20'
9 MAXIMUM OPERATING PRESSURE 1892 PSIG.Ow----
w INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED _ }
CATHODIC PROTECTION: IMPRESSED CURRENT }
5 PROPOSED 10" EMOC-139 PIPELINE 0
..............................................
v PRODUCT: PROPANE 41.0' 51.B'
p CROSSING PIPE 10.75' O.D. X D.469' W.T., X-65, PSL2, SMLS CUR.
12-16 MILS FBE & 20-24 MILS ARO -20' ...... ...................... ............................... -20'
g MINIMUM TEST PRESSURE216OPSIG 13.9
k MAXIMUM OPERATING PRESSURE: 1440 PSIG CLR -
$� INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED
,:. CATHODIC PROTECTION: IMPRESSED CURRENT 40'..................................................... ....• .... •........ 40'
CL PROPOSED BUNDLED PIPELINES
NOTES: - - - 12" EMOC-141 & 10" EMOC-139
0 1, CROSSINGPIPE SNALLEXIENDS BEYGNG 61Glff-0FiYAT 41AG6. IiiD02� , m�� arrvrm+o mrnremmra�
runenuv-".s.e�rnu ro..nmoui um vea+mr..e
rucumrwncrwmr
2. Tf1AFFlCTO6EhWNTA1NEOOVRING NSTALLATION. •60' ........ ........ :......................... ...................................................... ........ -60
D. PROPOSEDPIPEDNEWLL RAWAINMIN16M MEARANCE 1+0D 2+00 3+00 4+00
FROMUTZMESWFOREIGNPIFE S. PROFILE
4. COORDINATE STSTEM:NA099TEXA5 STATE PLANE, SOUTH .. HORIZ: 1'=50'
MF ZONE, US FOOTUXLSCF) vn
VERT., 1' = 4D'
u
EXXONMOBIL ROAD CROSSING DRAWING
s BEALIMONT2 PROPOSED JO"EMOC-139&12"EMOC-147PIPELINE$
PIPELINE PROJECTra� N JIM GILLIGAN WAY
COR2-JE-011.900
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JEFFERSON COUNTY, TEXAS
�
1:••y', io EROP.QSFJ�,70 ¢i0C 17$PIP_ELNE f L 3'°pi °''*
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'
J.A. VEATCH SURVEY, ABSTRACT NO. 55
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VICINITY MAP
EMOC-141 PIPELINE
ROW
47,
\ \ !�
LONG: 94°04'46.96NJ
1i0D
2i00 3i00
CL PROPOSED 10°'
�--�
E: 3524936.24
COR2JE-021.000
EMO.C-139 PIPELINE
�-a
LAT:30*01'g5.82'N
\ i N: 13954603.70
E: 352496949
I----I��F-
-
LONG:94°04'47.99'W
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1—� LAT: 30°01'45.95'N I --
'—C • t-� 1-� 11-
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PLAN LONG:94°04'47.71'W
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KISPROPOSED
12° MPL-141 PIPELINE
i of
¢w 0PRODUCT:
i w ci ! c� 1-CROSSING
IT
ETHYLENE
'
PIPE:12.15.O.D.X0A69'W.T., X-65, PSL2, SMLS
^tN
`�
i 12-16 MILS FBE 8 20-24 MILS ARO
-- '- '-
`� `°' `" `•' `"
. MINIMUM TEST PRESSURE: 2838 PSIG
_
MAXIMUM OPERATING PRESSURE: 1892 PSIG
NATURAL
NATURAL
" INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED
GROUND
_
GROUND
CATHODIC PROTECTION: IMPRESSED CURRENT
yp' ...........
............:................................................................
..........:...
........ PO
PROPOSED 10" EMOf 139 PIPELINE
e' PRODUCT: PROPANE
0. ....................................................
..:.............................. ..'.........................
0
CROSSING PIPE: 10.75" O.D. X 0.469' W.T., X-65, PSL2, SMLS
S2.B'
12.16 MILS FBE & 20.24 MILS ARO
64.4; CURL..:
MINIMUM TEST PRESSURE:2160 PSIG
-2p' ..........
CL PROPOSED BUNDLED..............:64'8'
Off' .• , •
• • •. -20'
MAXI MUM OPERATING PRESSURE: 1440 PSIG
12"EMOC•1418
'
INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED
10" EMOC-139 PIPELINES
:
"°""`vi6•"°"'°a"""='"11YT6rtn�""'•'°°""n'°"
- CATHODIC PROTECTION: IMPRESSED CURRENT
s
-00 .........
(HOD 4).................................
..... ..... ......-..........
-..... -00'
3 NOTES:
N.
`nnmcuu-ns+amnmunvc.�� oacwen�ue
I. CROSSING PIPE SHALL F%1EN0 SBEYOND RIGHT-OF-WAY LIMITS.
-............................................................
60'
.....................................
........ ...... 60'
c"vnvucn°R
2 TRAFFIC TO BEMAINTAINED DURING INSTALLATION.
1i00
2i00 3i00
3 PROPOSED PIPEUNEWILLMAING9I MWLMUMTCIEARANCE
FROM UTILITIES AND FOREIGN PIPELINES.
PROFILE
e, COORDINATE SYSTEM: M83 TE)f.IS STATE PLANE, SOUTH
HORIZ: 1'=50'
.cFxrRuzDNE usFOOT 0xslscFl
VERT: 1'=50'
-
E&onMobil
EXXONMOBIL -
ROAD CROSSING DRAWING
s BEALIMONT2
PROPOSED I2"EMOC-141&10"EMOC439PIPELINES
PIPELINE PROJECT
SULPHUR DRIVE
+ o
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3
COR2-JE-021.900
Ra uvaox
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99996 �
0MT•HL0000-UP-RO-0053
IIROMWWG NO_ 9999661SP61W-11D9
I 1 OF1
CITY OF BEAUMONT
BILLING REQUEST FORM
Responsible Department & Division
Dept/Division Contact & Phone #
Billing Type/Description
Customer Name
Address line 1
City, State, Zip Code
Phone Number
Fax Number
Individual or Business
Contact Name
SS# or Tax ID #
Resolution #
ROW Crossings
Total Contract Amt
Billed Amount
Billing Amount
Contract Start Date
Contract End Date
PUBLIC WORKS/ENGINEERING
ANTOINETTE HARDY - (409) 880-3725
PIPELINE LICENSE AGREEMENT
EXXONMOBIL OIL CORPORATION
22777 SPRINGWOODS VILLAGE PARKWAY
SPRING, TEXAS 77389
(800)537-5200
BUSINESS
MATTHEW HORNEMAN, ATTORNEY IN FACT
RESOLUTION NO. 21-003
JIM GILLIAN WAY AND SULPHURE DRIVE
$500.00 + $369.00 = $869.00 (Ck #1902)
Fixed Variable (If variable, describe terms)
$369.00
Monthly •_ Bi-Weekly • Quarterly • Semi -Annual • Annual
MARCH 2O21
MARCH 2O22
Months (periods) to bill
If contract includes any of the following provisions, describe the terms in detail:
Discount:
Penalty
Interest
NOTE: Pipeline identified per EXXONMOBIL AS EMOC 139
APPLICATION FOR
PIPELINE LICENSE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
Business Name: ExxonMobil Oil Corporation Business Phone: OOP 537-5200
Business Address: 22777 Springwwoods Village Parkway, Spring, TX 77389
The City of Beaumont, hereinafter called "City", for and in consideration of the sum
specified herein $500.00
ExxonMobil Oil Corporation for EMOC 139
hereby grants to
hereinafter called "Licensee", the license
to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water,
or their products, on or across the following property situated in the City of Beaumont,
Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto
and made a part hereof for all purposes.
Street Name or R.O.W. Description Length (Linear Feet)
Jinn Gilligan Way 62 Feet - $139.50
Sulphur Drive 102 Feet - $229.50
1
COST OF LICENSE:
Licensee shall make payment to the City of Beaumont as follows:
o License Agreement fee - $500.00
Annual fee of $2.25 per linear foot of pipeline located within City property.
Said fee shall be reset on January 31, 2011 and shall be reset every ten
(10) years, thereafter, to a level to be determined by the City Council or their
delegated representative.
All fees, including the first annual fee for linear foot usage shall be made to the
Engineering Division and payable to the City of Beaumont prior to
construction.
This license is granted by the City of Beaumont subject to conditions. Failure to comply with
the following may result in termination of agreement (see page 8).
GENERAL CONDITIONS:
o Licensee does not intend to sell product for resale from the covered pipeline
to customers located within the City; however, Licensee recognizes that
should it sell product for resale from this covered pipeline to customers
within the City, it will be required to report such distribution and when
lawfully required to do so, pay a street rental fee based on revenues. The
annual fee and the regulations controlling the payment of such fee will be those
as lawfully established by the ordinances of the City.
o All pipelines crossing public rights -of way shall be bored from right-of-way
line to right-of-way line. Within these limits, the pipeline shall be
protected by casing or other method approved by the City and/or the Texas
Department of Transportation.
o The pipeline shall be constructed in such a manner as approved by the City so
as it does not interfere with the use of the City property.
2
o The pipeline shall be installed a minimum of five (5) feet below the lowest
existing or proposed ditch grades, waterlines, sanitary sewer lines or storm
drainage lines, unless otherwise authorized by the City and/or Texas
Department of Transportation. Such grades and lines shall be indicated on
map submittal, as well as depth of proposed pipeline (see page 4).
The construction and operation of the pipeline shall not interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, waterlines, or other utilities.
Damage to existing ditch grade during construction or maintenance of the
pipeline shall be corrected and the ditch grade shall be restored to the
condition and grade at which it existed prior to construction or
maintenance. Bore pits shall be backfilled according to City standards.
o Excavations necessary for the construction, repair, or maintenance of the
pipeline shall be performed in such a manner that will cause minimal
inconvenience to the public. Licensee shall promptly restore the area to as
good a condition as before working - thereon and to the reasonable
satisfaction of the City's Engineering Division and/or the Texas
Department of Transportation.
0 Operations along roadways shall be performed in such a manner that all
excavated materials will be kept off the pavements at all times, as well as
all operating equipment and materials. All properly where operations are
performed will be restored to original condition or better. No equipment
or installation procedures will be used which will damage any road surface
or structures. The cost of any repairs to road surface, roadbed, structures
or other right-of-way features as a result of this installation will be borne
by the owner of this line.
o Barricades, warning signs and lights, and flagpersons shall be provided by
the contractor or owner when necessary. Only under extreme
circumstances, as deemed necessary by the City Engineer, will open cutting
of a street or roadway be allowed. All barricading must be by permit and
approved by the City (Public Works Department) in advance.
a Any construction which takes place in, on under, above, or across
property not owned by the City shall require additional permission by the
owner(s) of the properly involved. Written proof of said permission is to be
provided to the City as part ofthe application process. Approval of this license
agreement excludes permission to do any construction on property which is
not owned by -the City of Beaumont.
o Any licenses, permits or agreements required by another governmental entity
(County, State or Federal) shall be obtained and a copy of such document
shall be provided to the City.
If agreement is not required by said governmental entity, then documentation
regarding such will be provided to the City of Beaumont.
o Licensee shall provide copies of all necessary agreements to be obtained
from other City Departments.
o Licensee shall be responsible for acquiring all agreements necessary for the
lawful use of any private property.
o A map showing the location of the proposed pipeline shall be provided.
(1"=2,000' City of Beaumont map or United States Geological Survey
Map)
o The pipeline shall be maintained and operated in such a manner as not to
leak and/or cause damage to any City streets, alley, easements or other
property. Once the pipeline is in operation, any damage that occurs to the
pipeline which results in exposure or release of product must be reported
immediately to the City Fire Department and Public Work's
Department. Licensee shall My cooperate with the Fire Department and
provide, or assist with providing, any and all necessary notifications,
evacuations or other necessary actions. Leaks or other defects are to be
repaired immediately by Licensee at it's own cost.
The Licensee shall be responsible for the cleanup and remediation of
contaminated areas due to exposure or release of product and any and all costs
associated with said cleanup and remediation.
The Licensee shall be responsible for any and all costs associated with the
relocation of the pipeline. As provided, the necessity for relocation of the
pipeline shall be solely within the discretion of City and/or the Texas
Department of Transportation.
Permits which allow lines to be maintained or constructed in City right-of-
way shall be obtained by Licensee or it's contractor prior . to beginning
maintenance or construction. The fee for such permits is in addition to this
License Agreement fee. (See Cost of License)
Q Installation will be done in accordance with all City standards and statutes
of the State of Texas.
Gl
o Licensee shall furnish the City with a Certificate of Standard Liability
Insurance, including bodily injuries and property damage, naming the City of
Beaumont as an Additional Insured. Such policy shall provide for the
following minimum coverage:
a Bodily injuries: $ 300,000.00 per person
$1,000,000.00 per incident
o Property Damage: $1,000,000.00
Such insurance shall be maintained in force and effect during the
construction or required maintenance of the pipeline and during the life of
the pipeline.
Such certificate shall contain a provision that at least fifteen (15) days
written notice must be given to the City prior to cancellation, alteration, or
modification of such insurance.
Licensee shall have in force with the City a surety bond in the principal
amount of $1,000,000.00. The bond shall be payable to the City of
Beaumont for the use and benefit of any person entitled thereto and
conditioned that the'principal and surety will pay all damages to any person
caused by, or arising from, or growing out of any violation of the terms of
this agreement. The bond shall provide that it may not be cancelled, altered,
or otherwise modified without giving fifteen (15) days prior written notice to
the City. The bond shall be good and in effect .for aperiod of one (1) year
from the date of completion of construction of the pipeline.
o Licensee. shall indemnify, save and hold harmless the City of Beaumont
from any and all claims for injuries and damages to persons or property
occasioned by or arising out of the construction, maintenance, operation,
repair or removal of the pipeline. This indemnity expressly extends to
claims alleging negligence by the City of Beaumont, it's agents, officers or
employees, arising from actions taken or occurrences under this license
agreement.
If the pipeline or any part thereof installed by Licensee shall be in any
respect damaged or injured by City or any of its agents or employees in
connection with the performance of any work or repairs that may be done
upon the property mentioned herein:
5
Licensee shall not be entitled to prosecute or maintain a claim against the City of
Beaumont for any such damage or injuries so sustained by it; however, said
conditions shall not prevent Licensee from recovering against any contractor who
shall damage Licensee's property in the course of such contractor's performance of
any contract with the City.
OTHER CONSTRUCTIONMAINTENANCE WITHIN R.O.W.:
City will use its best efforts to notify Licensee of any proposed
construction and/or maintenance, to be done by City forces or by contract
for the City, within the R.O.W. involved with this license.
Notification, to Licensee, of other construction and/or maintenance
permitted by the City and within the R.O.W. involved with this license will
be the responsibility of the company obtaining said permit.
Licensee shall mark the location of its lines within forty-eight (48) hours
after receipt of such notification of proposed construction.
Licensee shall maintain a local, or toll free, telephone number to be
called for notification of construction or maintenance and for location of
lines. Such number, or charges to such number, will be provided to the City
(Department of Public Works) and kept current at all times. This number
shall be provided to entities permitted to construct, maintain or excavate
within this City R.O.W. and which are required to provide notification of
such work. When information has been relayed to Licensee, through the
phone number provided, such contact shall constitute notification for
Licensee to provide location of its lines. Failure, by Licensee, to respond
within the required time frame shall alleviate the responsibility of the
person(s) requiring the lines to be relocated.
o . City reserves the right to lay, and to permit to be laid, sewer, gas, water
and other pipes and cables, and to do or permit to be done any underground
work that may be deemed to be necessary or proper by City in, across,
along, or under any of the streets, alleys and easements, and to change any
curb or sidewalk or the grade of any said streets. In doing or permitting
any such work, the City of Beaumont shall not be liable to Licensee for any
damage occasioned; it being understood that nothing herein shall be
construed as foreclosing Licensee's rights to recover damages against any
contractor or third party who may be responsible for damages to Licensee's
facilities.
Con
M
0 Whenever by reason of the change in the grade of any street occupied by
Licensees' pipeline or construction of a new street or highway along or
over said street, or by reason of the location or manner of -constructing
drainage structures, water pipes, gas pipes, sewers, or other underground
construction for any purpose whatever, it shall be deemed necessary by
City to relocate, alter, encase, change, adopt or conform the pipeline of
Licensee thereto, such change shall be made promptly by Licensee at its cost
and without claim for reimbursement or damages against City. If the
change is demanded by the City for the benefit of any other person or
private corporation, except the City or the Texas Department of
Transportation, Licensee shall be reimbursed fully by the person or
corporation desiring or occasioning such change for any expense arising out
of such change; provided, however, should the change be requested by the
Texas Department of Transportation or be required due to construction of
a state or federal highway, Licensee will, upon notice from the City, make
such change immediately and at its own cost; it being understood that City
will not participate in any part of the cost of any change involving
relocation, altering, encasing, boring, or changing in any manner of the
pipeline where same is in a City street, alley, easement or other right-of-
way.
NOTIFICATION/1NSPECTION:
o Any and all work to be performed on City right-of-way (R.O.W.) shall be
observed and inspected by a City representative. Any work to be
performed within the City limits will be subject to periodic inspection to
ensure compliance with construction standards.
0 Licensee shall provide the City (Public Works Department - Engineering
Division) twenty-four (24) hours prior to the installation of the lines
permitted by this license. Licensee shall also notify the City twenty-four
(24) hours prior to any street or R.O.W. crossing. A representative will
be scheduled to be present. The expense of such inspection services may
be billed to the Licensee and such amounts will be reimbursed to the City.
Licensee shall notify the Engineering Division at least forty-eight (48)
hours prior to completion of work and removal of equipment from the j ob
site to permit the City to make an inspection.
7
SPECIAL CONDITIONS:
Nonassignable
This license is personal to the Licensee. It is nonassignable and any attempt to assign this
license will terminate the license privileges granted to Licensee hereunder.
Termination
This agreement is subject to termination by the City if any condition specified herein is
not met. This agreement may also be terminated by the Licensee. Either party attempting
to terminate this agreement shall give written notice to the other specifying the date of,
and the reason for, termination. Such notice shall be given not less than thirty (30) days
prior to the termination date therein specified. Any written notice may be effected either
by personal delivery or by registered or certified mail, postage prepaid with return receipt
requested. Mail notices shall be addressed to the addresses of the parties as follows:
Mobil Pipe Line Company &
City of Beaumont Name.of Licensee: ExxonMobil Oil Corporation
P.O. Box 3827
Beaumont, Texas 77704 Address of Licensee: 22777 Sp�ringwoods Village Parkway
Attn: City Manager City and State of Licensee: Spring, Texas 77389
Upon cancellation, the pipeline shall be removed and property restored to a condition
acceptable to the City Engineer. In the event of cancellation, any and all monies
collected for fees associated with this agreement will remain the property of the City.
There will be no reimbursements.
Commencement of work on the pipeline by Licensee after the date of this fully executed
license shall be construed as evidence of Licensee's acceptance and approval of the
conditions above set forth.
IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents
to be signed by its City Manager and the seal of the City to be herewith affixed by the City
Clerk, this ]4 day of <.► A.D. 20_j:.L.
M
T:
_a-, hnW04
City Clerk
i
i
ATTESY/ /
BE
CITY OF BEAUMONT, TEXAS
By. L L
Kyle Hayes, City Manager
APPLICANT'S COMPANY NAME:
(Licensee)
Mobil Pipe Line Company &
ExxonMobil Oil Corporatioin
Represented
r
Matthew Horneman
t orn y in Fact
Title
\pipelinca\\pipcliae llconse agree 9 Revised 12-14-2007
VICINITY MAP
5 PROPOSED jr EMOC-141 PIPELINE
i PRODUCT: ETHYLENE
} CROSSING PIPE 12.75' O.D. X DAB9' W.T- X-65, PSL2, SMLS
12-16 MILS FBE 121144 MILS ARO
E MINIMUM TEST PRESSURE 2&36 PSIG
MAXIMUM OPERATING PRESSURE 1892 PSIG
3 INSTALLATION METHOD: HORIZONTAL DIREC11DW DRILL BUNDLED
6 CATHODIC PROTECTION: IMPRESSED CURRENT
PROPOSED 10' EMOC739 P[PEUNE
PRODUCT: PROPANE
CRDS6ING PIPE:10.75' O.D. X 0.469' W.T., X-65, PSL2• SMLS
12-16 MILS FBE & 20-24 MILS ARO
MINIMUM TEST PRESSURE: 2160 PSIG
MAXMUM OPERATING PRESSURE 1440 PSIG
t INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED
CATHODIC PROTECTION: IMPRESSED CURRENT
0
[ NOTES:
5 O CROSSM PIPE SMMT.EXIBJO S SEYOMT RA.IT-0 YUMM
2FR TRACTO BE MAINTK1 MWO WSTADATOK
1 FRDFOSEO RPEUWEWU MATNTAWIOU MZ LIEANANCE
FROM UTWMS ANO FOREIGN PYEL W E9.
4. COOMNATESYSfBkN TEXAS STATE RAVE, SOUIM
CENIRAL=NE. LrsfmTvaO SCFT
s
EXXONMOBIL
BEALIMONT2
PIPELINE PROJECT
CL PROPOSED 12 —
EMOC-�41 PIPELIN t+ o
CL PROPOSED 10"
EMOC-139 PIPELINE
g8
JEFFERSON COUNTY, TEXAS
J.W. BULLOCK SURVEY, ABSTRACT NO.7
0 0
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1W O� O W
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1210D
COR2-rE0 SrDO \
N: 13957107
E35269211
Y LAT:30'02Y
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IT:30'02U&76•N
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40'.........-.................................................................
NATURAL
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.....
...:.. ..ND
........... ... ........... y........ ............ ............
D' .........� ............... .
41A' 51.8'
-Ny .........'13.9' .. .................... CLR...... ............
CUR
4V........................................... .......
CL PROPOSED BUNDLED PIPELINES
12" EMOC-141 & 10" EMOC-139
......... ....................................... MOD 2) ..........
1+OD 2+00
PROFILE
HORL• 1'=5V
VERT., 1'=4V
3+OD
COR2JE-011.00D
FLOW
40'
NATURAL ...
GROUND
20
i�
E*onMobil
ROAD CROSSING DRAWING
PROPOSED 10' EMOr,44 & 12' FMOC-141 PIPELINES
JIM GILLIGAN WAY
COR2.IE-011.900
S98B6 BATT-HL.000bURR6-0BS] 1OF1
Id10MN1NG lri• B919Ba15DMW-11B4
VICINITY MAP
PROPOSED 12" MPL-141 PIPELINE
s PRODUCT: ETHYLENE
'- CROSSING PIPE 12.75 O.D. X D.469' W.T, X-65, PSL2, SWS
12-16 MILS FBE & 2D-24 MILS ARO
MINIMUM TEST PRESSURE 2838 PSIG
MAXIMUM OPERATING PRESSURE 1892 PSIG
INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED
CATHODIC PROTECTION: IMPRESSED CURRENT
f
PROPOSED IO" EMOC-139PROPOSED PIPELINE
PRODUCT: PROPANE
j CROSSING PIPE 1D.7S O.D.X DA69' W.T, X465, PSL2, SMLS
Ij 12-16 MILS FBE & 2D-24 MILS ARO
MINIMUM TEST PRESSURE: 2160 PSIG
MAXIMUM OPERATING PRESSURE 1440 PSIG
INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED
CATHODIC PROTECTION: IMPRESSED CURRENT
I
NOTES:
I. CFm59NG P�ESF4ILF%fBA 6BEY0Am RRff-0FWAY UEiiS.
2. PROPOSED PaDEfNNLUANTAN MDWAUATI(W.
1 FROM UnU ANDN REIGN IMLDIES. lIZCIFARIlSE
t OOM PATE GM61 FOFFJGNA ASSTA
l COORgNATE SYSTFIB NAOp TEJLl55iAlE PVJl--SOURI
I CBMRAL 20tB:, LB FOOF[I)M-SCF)
,
s EXXONMOBIL
BEAUMONT2
a PIPELINE PROJECT
JEFFERSON COUNTY, TEXAS
JA VEATCH SURVEY, ABSTRACT NO. 55
WW
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COR2JE-021.900 \�
\
N: 13954641.18
E 352s-D .
CL PROPOSED 12"
's FLOW
47,
\
LAT.307'46.Z9'N
EMOC-141 PIPELINE
.
��
LONGoa'46ssw
1w0
2+OD . 3+00
CL PROPOSED 10"
N.13954589.55—
E 35z4936z4
coR2JE Oz1.000
EMOG139 PIPELINE
�4
LAT: 30'01'45.82'N
% a N: 13954603.70
E 352496D. ,
�—
LONG:94°04'47.99'W
~~
,--i LAT. 30°01'45.95'Nw
z o o
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xcz
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W........................ ....................
............. ........ .............
.........
............. ............... 40'
NATURAL
NATURAL
GROUND
GROUND
ZO'
.......................:.........................................I+...................
.... .............. ........
ZD'
p.......................
'.........,..................
..:.........I.................
....:.........................
p
528'
CL PROPOSED BUNDLED ...............
sa.a'...............
64H-20'
:..:..........,.............
-2p
............
12" EMOC-141 &
MR
-40'
10" EMOG139 PIPELINES
......... ..................................
............................
........... ..................
-40'
DD 4)
-6p
............. .................. .............
............... ............................
............................
{,p
1+00
2+90
3+00
PROFILE
HORIZ: 1"=50'
VERT: 1' = 6V
O 25 50
o: E*onMobil
ROAD CROSSING DRAWING
PROPOSED 12" EMOC.141 & 10" EMOC-M PIPELINES
SULPHUR DRIVE
COR2-JE-021.900
aew.v� wrt um
as BBBBB 9MI-HL-0000.UP-RO-0BB] 10F1
IIDI OBAN1Mi NO- fl�A�16P1AW-1169
C H U Surety 0 + 908.903.3485
202B Halls Mill Road, PO Box 1650 F + 908,903.3656
Whitehouse Station, NJ 088891650
License or Permit Bond
Federal Insurance Company
Bond No. K40197795
Know All Men By These Presents,
That we, MOBIL PIPE LINE COMPANY & EXXONMOBIL OIL CORPORATION
Amount$1,000,000.00
(hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, a corporation duly organized
under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto
of (Address) City of Beaumont
P.O. Box 3872, Beaumont, TX 77704
(hereinafter called the Obligee),
in the sum of One Million and Nall00
Dollars ($ 1,000,000.00 ----), for the payment of which we, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly.by these presents.
WHEREAS, the above bounden Principal has made application to the Obligee for a license or permitW
to lay, maintain, operate, replace or remove a pipeline forthe transportation of oil, gas, water, or other hydrocarbons across the City of Beaumont's utilities
in accordance with the rules and ordinances of said Obligee pertaining to same.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully observe, keep
and obey 0laws and ordinances of said Obligee relating to the said license or permit now in force, or any amendments
thereto and shall save, indemnify and keep harmless, the Obligee against all liabilities, judgments, costs and expenses,
which may accrue against said Principal in consequence of the granting of such license or permit and will in all things,
strictly comply with the conditions of the license or permit, then this obligations to be void, otherwise to remain in full
force and effect.
PROVIDED, however, that the Surety may terminate this bond as to future liability by giving thirty (30) days written
notice to the Obligee at the above address, such termination not to affect any liability incurred or accrued prior to the
expiration of said thirty (30) day period.
Signed, Sealed and Dated this 11 th
day of December, 2020.
MOBIL PIPE LINE COMPANY & EXXONMOBIL OIL CORPORATION
Principal
By
Federal Insurance Company
By
Glizab4th P. Cervini, Attomey-in-Fact
Form 15-02-0159-rsD tom. 7/M
CPUEa ;,
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company J Pacific Indemnity Company
Know All by These Presents, That RSDE RKL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC
INDEMNITYCOMPANY, a Wisconsin corporation, do each hereby constitute and appoint Jonathan F. Black, Denise M. Bruno, Julia R. Burnet, Elizabeth P. Cetvini,
James M. DiSclullo, Stephanie S. Helmlg, Melissa J. Hinde, Joyce M. Houghton, David A. Johnson, David C. Rosenberg, Harry C. Rosenberg,
John E. Rosenberg, Matthew J. Rosenberg and Nolan P. Steele of Wayne, Pennsylvania
each as their true and lawful Attorney -In -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other wrItIW obligatory In the nature thereof (other than ball bonds) given or executed in the course of business, and any
instruments amendtngoraltering the same, and consents to the madiBcation or alteration ofany instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEW41TY COMPANY have each executed and attested these
presents and affixed their corporate seals on this 204 day of October. 2019.
Davin M. (.hlortj:; AR;k urt Scimtnlq
STATBOFNEW.1013M
County ofHunterdon 6S'
&t.phen !I. Iltmcg. Vice 1'ret4d« It
On this 2°d day of October, 2019, before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE
COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M.
Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC
INDEMNITY COMPANY and knows the corporate seals thereof; that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by
authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M.
Haney, and knows him to be Vice President of said Companies; and that the signature of Stephen M. Haney, subscribed to said Power of Attorney is in the genuine handwriting of
Stephen K Haney, and was thereto subscribed by authorityofsaid Companies and in deponenirs presence.
NOtarlalSeal
FC,1114ERINE J_ ADIa.AAR
NdrY
NOTARY PUBLIC OF NEW JERSEY
�.rr
PireLl�
0yaary
No. 2316585
Conurrlsslon Esptres July 16, 2024 PutOc
JEAS�
CEWMCATION
Resolutions adopted by the Boards of Directors ofFEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on Aue.-nst 30, 2016.
'RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizanom contacts and other written commitments of the Company
entered into in the ordlnaycourse ofbudness (eacha'wdttem Commitmen*.
(1) Each of the Chairman, the President and the Via Presidents of the Company Is hereby authorized to execute any Written Commitment for and onbehalfof the Company, under the
sea] of the Company or otherwise
(4 Each duly appotmed attomey3n fad of the Company is hereby authorized to w ecute any written Commiurtent: fbr and on behalf of the Company. under the seal of the Company or
otherwise, to the extent thatsuch action Is authorized by the grant ofpowers provided for in such person's written appointment as such attorney -in -fact
(3) Each of the Chairman, the Prudent and the Via Presidents of ttteCompany Ishereby audwrized.for and on behalfoftheCompany to appoint In writing any person the attorney
intact of the Company with full power and mt xwhytoexemte, for and on behalfoftheCompanj, under the seal ofthecompany orothernlse.such Written Commitments ofthe
r Company as may be specified in such written appofnmtertt, which spedilcatlon may be by general type or class of Written Commitments or by specification of one or more particular
Written Commitments.
(4) Each of the Chairman, the President mid the Vice Presidents of the Company Is herebyauthorized, for and on behalfafthe Company, to detegatein writing to any other oflki?r of the
Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified In such
wrlmendelegation, which specification may be by general type or class of Written Comn-durtents or byspecification afoneora mparticularWr]tten.Commitments.
CD The signature ofany officer orothu person exectrrInganyWiften Cm ent orappointmentordelegation pursuam: to d* Resoludarx and the seal ofthe Company. may be affixed by
facsimile on such Written Commimnentor written appointment or delegation.
FURTHER RESOLVED. that the foregoing Resolution shall not be deemed to be an exclusive statement ofthe powers and autharlry of'officers, employees and other persons to act for and on behalf of
the Company, and such Resolution shall not Hmk or otherwise affect the exercise ofany such power or auffi" othavdse valldy granted or veaW
I, Dawn M. Chloros, Assistant Secretary of FEDERAL, INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby
certifythat
(I) the foregoing Resoludons adopted by the Board ofDfrectors of the Companies are true, correct and In M force and effect.
(ii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals ofsaidCompanies atWhitehouse Station, Pjj this 11thDay ofDec=ber, 2020.
lbwn M. Sir mnrf
IN THE EVEW YOU WISH TO VERIFYTHEAUfHi1VTICM OF THIS BOND ORNOTIFYUS OFANY OTHER MATTER, PLEASE CONTACT US AT,
T e 908)903.3493 Fax(908)904.3{s36 &malt sureoQuibbcom
FED- ViG-PI(rev 08,18)
DocuSign Envelope iD: CCF7D358-91325-47C6-8B4C-6EAB71BF6431E
FEDERAL INSURANCE COMPANY
STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLiCYHOLDI�RS
Statutory Basis
December 31, 2019
On thousands)
ASSETS
Cash and Shod. Tenn Investments S (429,780)
United States Government, State
and Municipal Bonds
4,559,706
Other Bonds
5,314,219
Stocks
32,735
Other invested Assets
1,029,733
TOTAL INVESTMENTS
10.506.613
Investments in Affiliates:
Great Northern Ins. Co.
395,442
Vigilant ins. Co.
341,290
Chubb Indemnity Ins. Co.
178,808
Chubb National Ins. Co.
181,053
OtherAffiliates
97,150
Premiums Receivable
1,611,096
Other Assets
2,302,210
LIABILITIES AND
SURPLUS TO POLICYHOLDERS
Outstanding Losses and Loss Expenses S 6,B23,691
Reinsurance Payable on Losses and Expenses 1.433,250
Unearned Premiums 2,014,727
Ceded Reinsurance Premiums Payable 353,115
Other Liabilities 849.544
TOTAL LIABILITIES 11,474,327
Capital Stock
20,980
Paid -In Surplus
2,711,474
Unassigned Funds
1,306,881
SURPLUS TO POLICYHOLDERS
4.039.335
TOTAL LIABILITIES AND
TOTAL ADMITTED ASSETS S 15,513.662 SURPLUS S 15.513.662
Investments are valued in accordance birth requirements of the National Association of Insurance Commissioners, At December 31, 2019,
Investments with a carrying value of $508,749,121 were deposited with government authorities as required by law.
STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
John Taylor, being duty sworn, says that he Is Senior Vice President of Federal Insurance Company and that to the best oftris knowledge
and belief the foregoing is a true and correct statement or the said Company's financial condition as of the 31 st day of December, 2019.
U_-D..u%pW Pre me IN
s.,
07.8C7FOD5 �, ..Vice President
C{)4:5
--Rotary Public 7 y corn Ission explres
Commonwealth of Pennsylvania - Notary Seal
Diane Wright, Notary Public
Philadelphia County
My commission expires August 8, 2023
Commission number 1235745
Member, PennsylvanlaAssociation of Notaries
F
CITY OF BEAUMONT
BILLING REQUEST FORM
Responsible Department & Division
Dept/Division Contact & Phone #
Billing Type/Description
Customer Name
Address line 1
City, State, Zip Code
Phone Number
Fax Number
Individual or Business
Contact Name
SS# or Tax ID #
Resolution #
ROW Crossings
Total Contract Amt
Billed Amount
Billing Amount
Contract Start Date
Contract End Date
PUBLIC WORKS/ENGINEERING
ANTOINETTE HARDY - (409) 880-3725
PIPELINE LICENSE AGREEMENT
EXXONMOBIL OIL CORPORATION
22777 SPRINGWOODS VILLAGE PARKWAY
SPRING, TEXAS 77389
(800) 537-5200
BUSINESS
MATTHEW HORNEMAN, ATTORNEY IN FACT
RESOLUTION NO. 21-003
JIM GILLIAN WAY AND SULPHURE DRIVE
$500.00 + $369.00 = $869.00 (Ck #1903)
Fixed Variable (If variable, describe terms)
$369.00
Monthly • Bi-Weekly • Quarterly • Semi -Annual. • Annual
MARCH 2O21
MARCH 2O22
Months (periods) to bill
If contract includes any of the following provisions, describe the terms in detail:
Discount:
Penalty
Interest
NOTE: Pipeline identified per EXXONMOBIL AS EMOC 141
THE STATE OF TEXAS
CITY OF BEAUMONT
APPLICATION FOR
PIPELINE LICENSE AGREEMENT
M
COUNTY OF JEFFERSON §
Business Name: ExxonMobil Oil Corporation Business Phone: ( 22 537-5200
Business Address: 22777 Springwoods Village Parkway Spring TX 77399
The City of Beaumont, hereinafter called "City", for and in consideration of the sum
specified herein
$500.00
ExxonMobil Oil Corporation for EMOC 141
hereby grants to
hereinafter called "Licensee", the license
to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water,
or their products, on or across the following property situated in the City of Beaumont,
Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto
and made a part hereof for all purposes.
Street Name or R.O.W. Description Length (Linear Feet)
Jim Gilligan Way 62 Feet - $ 139.50
Sulphur Drive 102 Feet -$ 229.50
1
COST OF LICENSE:
Licensee shall make payment to the City of Beaumont as follows:
o License Agreement fee - $500.00
o Annual fee of $2.25 per linear foot of pipeline located within City property.
Said fee shall be reset on January 31, 2011 and shall be reset every ten
(10) years, thereafter, to a level to be determined by the City Council or their
delegated representative.
All fees, including the first annual fee for linear foot usage shall be made to the
Engineering Division and payable to the City of Beaumont prior to
construction.
This license is granted by the City of Beaumont subject to conditions. Failure to comply -with
the following may result in termination of agreement (see page 8).
GENERAL CONDITIONS:
o Licensee does not intend to sell product for resale from the covered pipeline
to customers located within the City; however, Licensee recognizes that
should it sell product for resale from this covered pipeline to customers
within the City, it will be required to report such distribution and when
lawfully required to do so, pay a street rental fee based on revenues. The
annual fee and the regulations controlling the payment of such fee will be those
as lawfully established by the ordinances of the City.
o All pipelines crossing public rights -of -way shall be bored from right-of-way
line to right-of-way line. Within these limits, the pipeline shall be
protected by casing or other method approved by the City and/or the Texas
Department of Transportation.
o The pipeline shall be consti acted in such a manner as approved by the City so
as it does not interfere with the use of the City property.
0)
o The pipeline shall be installed a minimum of five (5) feet below the lowest
existing or proposed ditch grades, waterlines, sanitary sewer lines or storm
drainage lines, unless otherwise authorized by the City and/or Texas
Department of Transportation. Such grades and lines shall be indicated on
map submittal, as well as depth of proposed pipeline (see page 4).
The construction and operation of the pipeline shall not interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, waterlines, or other utilities.
Damage to existing ditch grade during construction or maintenance of the
pipeline shall be corrected and the ditch grade shall be restored to. the
condition and grade at which it existed prior to construction or
maintenance. Bore pits shall be backfilled according to City standards.
0 Excavations necessary for the construction, repair, or maintenance of the
pipeline shall be performed in such a manner that will cause minimal
inconvenience to the public. Licensee shall promptly restore the area to as
good a condition as before working • thereon and to the reasonable
satisfaction of the City's Engineering Division and/or the Texas
Department of Transportation.
o Operations along roadways shall be performed in such a mariner that all
excavated materials will be kept off the pavements at all times, as well as
all operating equipment and materials. All property where operations are
performed will be restored to original condition or better. No equipment
or installation procedures will be used which will damage any road surface
or structures. The cost of any repairs to road surface, roadbed, structures
or other right-of-way features as a result of this installation will be borne
by the owner of this line.
0 B=icades, warning signs and lights, and flagpersons shall be provided by
the contractor or owner when necessary. Only under extreme
circumstances, as deemed necessary by the City Engineer, will open cutting
of a street• or roadway be allowed. All barricading must be by permit and
approved by the City (Public Works Department) in advance.
o Any construction which takes place in., on under, above, or across
property not owned by the City shall require additional permission by the
owner(s) of the property involved. Written proof of said permission is to be
provided to the City as part of the application process. Approval of this license
agreement excludes permission to do any construction on property which is
not owned by -the City of Beaumont.
3
o Any licenses, permits or agreements required by another governmental entity
(County, State or Federal) shall be obtained and a copy of such document
shall be provided to the City.
If agreement is not required by said governmental entity, then documentation
regarding such will be provided to the City of Beaumont.
o Licensee shall provide copies of all necessary agreements to be obtained
from other City Departments.
o Licensee shall be responsible for acquiring all agreements necessary for the
lawful use of any private property.
o A map showing the location of the proposed pipeline shall be provided.
(1"=2,000' City of Beaumont map or United States Geological Survey
Map)
o The pipeline shall be maintained and operated in such a manner as not to
leak and/or cause damage to any City streets, alley, easements or other
property. Once the pipeline is in operation, any damage that occurs to the
pipeline which results in exposure or release of product must be reported
immediately to the City Fire Department and Public Work's
Department. Licensee shall fully cooperate with the Fire Department and
provide, or assist with providing, any and all necessary notifications,
evacuations or other necessary actions. Leaks or other defects are to be
repaired immediately by Licensee at it's own cost.
o The Licensee shall be responsible for the cleanup and remediation of
contaminated areas due to exposure or release of product and any and all costs
associated with said cleanup and remediation.
o The Licensee shall be responsible for any and all costs associated with the
relocation of the pipeline. As provided, the necessity for relocation of the
pipeline shall be solely within the discretion of City and/or the Texas
Department of Transportation.
o Permits which allow lines to be maintained or constructed in City right-of-
way shall be obtained by Licensee or it's contractor prior to beginning
maintenance or construction. The fee for such permits is in addition to this
License Agreement fee. (See Cost of License)
o Installation will be done in accordance with all City standards and statutes
of the State of Texas.
19
REQUIRED COVERAGE:
o Licensee shall furnish the City with a Certificate of Standard Liability
Insurance, including bodily injuries and property damage, naming the City of
Beaumont as an Additional Insured. Such policy shall provide for the
following minimum coverage:
a Bodily injuries: $ 300,000.00 per person
$1,000,000.00 per incident
o Property Damage: $1,000,000.00
Such insurance shall be maintained in force and effect during the
construction or required maintenance of the pipeline and during the life of
the pipeline.
Such certificate shall contain a provision that at least fifteen (15) days
written notice must be given to the City prior to cancellation, alteration, or
modification of such insurance.
o Licensee shall have in force with the City a surety bond in the principal
amount of $1,000,000.00. The bond shall be payable to the City of
Beaumont for the use and benefit of any person entitled thereto and
conditioned that the principal and surety will pay all damages to any person
caused by, or arising from, or growing out of any violation of the terms of
this agreement. The bond shall provide that it may not be cancelled, altered,
or otherwise modified without giving fifteen (15) days prior written notice to
the City. The bond shall be good and in effect for a period of one (1) year
from the date of completion of construction of the pipeline.
Licensee shall indemnify, save and hold harmless the City of Beaumont
from any and all claims for injuries and damages to persons or property
occasioned by or arising out of the construction, maintenance, operation,
repair or removal of the pipeline. This indemnity expressly extends to
claims alleging negligence by the City of Beaumont, it's agents, officers or
employees, arising from actions taken or occurrences under this license
agreement.
If the pipeline or any part thereof installed by Licensee shall be in any
respect damaged or injured by City or any of its agents or employees in
connection with the performance of any work or repairs that may be done
upon the property mentioned herein:
5
Licensee shall not be entitled to prosecute or maintain a claim against the City of
Beaumont for any such damage or injuries so sustained by it; however, said
conditions shall not prevent Licensee from recovering against any contractor who
shall damage Licensee's property in the course of such contractor's performance of
any contract with the City.
OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.:
c City will use its best efforts to notify Licensee of any proposed
construction and/or maintenance, to be done by City forces or by contract
for the City, within the R.O.W. involved with this license.
Notification, to Licensee, of other construction and/or maintenance
permitted by the City and within the R.O.W. involved with this license will
be the responsibility of the company obtaining said permit.
Licensee shall mark the location of its lines within forty-eight (48) hours
after receipt of such notification of proposed construction.
Licensee shall maintain a local, or .toll free,. telephone number to be
called for notification of construction or maintenance and for location of
lines. Such number, or charges to such number, will be provided to the City
(Department of Public Works) and kept current at all times. This number
shall be provided to entities permitted to construct, maintain or excavate
within this City R.O.W. and which are required to provide notification of
such work. When information has been relayed to Licensee, through the
phone number provided, such contact shall constitute notification for
Licensee to provide location of its lines. Failure, by Licensee, to respond
within the required time frame shall alleviate -the responsibility of the
person(s) requiring the lines to be relocated. -
o City reserves the right to lay, and to permit to be laid, sewer, gas, water
and other pipes and cables, and to do or permit to be done any underground
work that may be deemed to be necessary or proper by City in, across,
along, or under any of the streets, alleys and easements, and to change any
curb or sidewalk or the grade of any said streets. In doing or permitting
any such work, the City of Beaumont shall not be liable to Licensee for any
damage occasioned; it being understood that nothing herein shall be
construed as foreclosing Licensee's rights to recover damages against any
contractor or third party who may be responsible for damages to Licensee's
facilities.
R
o Whenever by reason of the change in the grade of any street occupied by
Licensees' pipeline or construction of a new street or highway along or
over said street, or by reason of the location or manner of constructing
drainage structures, water pipes, gas pipes, sewers, or other underground
construction for any purpose whatever, it shall be deemed necessary by
City to relocate, alter, encase, change, adopt or conform the pipeline of
Licensee thereto, such change shall be made promptly by Licensee at its cost
and without claim for reimbursement or damages against City. If the
change is demanded by the City for the benefit of any other person or
private corporation, except the City or the Texas Department of
Transportation, Licensee shall be reimbursed fully by the person or
corporation desiring or occasioning such change for any expense arising out
of such change; provided, however, should the change be requested by the
Texas Department of Transportation or be required due to construction of
a state or federal highway, Licensee will, upon notice from the City, make
such change immediately and at its own cost; it being understood that City
will not participate in any part of the cost of any change involving
relocation, altering, encasing, boring, or changing in any manner of the
pipeline where same is in a City street, alley, easement or other right-of-
way.
NOTIFICATIONANSPECTION:
o Any and all work to be performed on City right-of-way (R.O.W.) shall be
observed and inspected by a City representative. Any work to be
performed within the City limits will be subject to periodic inspection to
ensure compliance with construction standards.
o Licensee shall provide the City (Public Works Department - Engineering
Division) twenty-four (24) hours prior to the installation of the lines
permitted by this license. Licensee shall also notify the City twenty-four
(24) hours prior to any street or R.O.W. crossing. A representative will
be scheduled to be present. The expense'of such inspection. services may
be billed to the Licensee and such amounts will be reimbursed to the City.
o Licensee shall notify the Engineering Division at least forty-eight (48)
hours prior to completion of work and removal of equipment from the job
site to permit the City to make an inspection.
7
SPECIAL CONDITIONS:
Nonassignable
This license is personal to the Licensee. It is nonassignable and any attempt to assign this
license will terminate the license privileges granted to Licensee hereunder.
Termination
This agreement is subject to termination by the City if any condition specified herein is
not met. This agreement may also be terminated by the Licensee, Either party attempting
to terminate this agreement shall give written notice to the other specifying the date of,
and the reason for, termination. Such notice shall be given not less than thirty (30) days
prior to the termination date therein specified. Any written notice may be effected either
by personal delivery or by registered or certified mail, postage prepaid with return receipt
requested. Mail notices shall be addressed to the addresses of the parties as follows:
Mobil Pipe Line Company &
City of Beaumont Name -of Licensee: ExxonMobil Oil Corporation
P.O. Box 3 827
Beaumont, Texas 77704 Address of Licensee: 22777 Spring_woods Village Parkway
Attn: City Manager City and State of Licensee: Spring, Texas 77389
Upon cancellation, the pipeline shall be removed and property restored to a condition
acceptable to the City Engineer. In the event of cancellation, any and all monies
collected for fees associated with this agreement will remain the property of the City.
There will be no reimbursements.
8
Commencement of work on the pipeline by Licensee after the date of this fully executed
license shall be construed as evidence of Licensee's acceptance and approval of the
conditions above set forth.
IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents
to be signed by its City Manager and the seal of the City to be herewith affixed by the City
Clerk, this _ day of J 4A 04t A.D. 20 Z
CITY OF BEA lTEXAS ONT
L,
By:
Kyle Hayes, City Manager
APPLICANT'S COMPANY NAME:
(Licensee)
Mobil Pipe Line Company &
ExxonMobil Oil Corporatioin
Represented
Matthew Horneman '
Attorney in Fact
Title
\pipelincs\\pipclinc license agree 9 Revised 12-14-2007
VICINITY MAP
PROPOSED 12• EMIOC-141 PIPELINE
PRODUCT:ETHYLENE
CROSSING PIPE: 1275* O.D. X 0A6T W.T., X65, PSL2, SMLS
12-16 MILS FBE & 20-24 MILS ARO
MINIMUM TEST PRESSURE: 2B3B PSIG
MAXIMUM OPERATING PRESSURE: 1892 PSIG
INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED
CATHODIC PROTECTION IMPRESSED CURRENT
PROPOSED IV EMOC-139 PIPELINE
PRODUCT: PROPANE
CROSSING PIPE 10.75' O.D. X 0.469- W.T., X-65, PSL21 SMLS
12-16 MILS FRE & 20-24 MILS ARO
MINIMUM TEST PRESSURE:2160 PSIG
MAXIMUM OPERATING PRESSURE 1440 PSIG
INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED
CATHODIC PROTECTION: IMPRESSED CURRENT
NOTES:
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J.W. BULLOCK SURVEY, ABSTRACT NO. 7
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OSED 12"VICINITY MAP EMOG741 PIPELINE1 00 2+DD j0DNG: 94'0446.9TW
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lAT: 3O'Ol%Ka2M _
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PROPOSED 12' MPL-141 PIPELINE
5 PRODUCT: ENittENE ci 3 K Ei g 3
CROSSING PPE12.7S O.D. X 0.46!" W.T"X-W PSL$S S 1�
12-16 MILS FBE 8 20.24 MILS ARO
MINIMUM TEST PRESSURE: 283E PSIG 4p ............. . ................... . . ................ ................... . .................. .................. .... 40
MAXIMUM OPERATING PRESSURE 1892 PSIG NATURAL NATURAL
INSTALLATION METHOD: HORRONTAL DiRECT10NAL DRILL BUNDLED GROUND
CATHODIC PROTECTION: RPRESSED CURRENTgT ....,..........:.......................... ........... ............................ .............. ........ ZD•
t PROPOSED ID" EMOC-139 PIPELMF
PRODUCT:PROPANE 0............ ..:................................:.........................
CROSSING PIPE:10.78' O.D.X0.4W W.T. X-K PSL2, sws p
1216 MLS FBE 8 20.24 MILS ARO
a NONIMUM TEST PRESSURE: 2160 PSIG -20' .......... CL PROPOSED BUNDLED ............... C ......... ................ ....L .................. .... -2V
MAXIMUM OPERATING PRESSURE 1440 PSIG 12" EMOG141 &
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CATHODIC PROTECTION: 04PRESSED CURRENT .qp• ............................ ..... .................... ...... ............ ,............... .4p
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NOTES:
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EXXONMOBIL ROAD CROSSING DRAWING
13EAOMONT 2 PROPOSED 12'EMOC44181D'EMOC439PIPELINES
PIPELINE PROJECT SULPHUR DRIVE
COR2JE-021.900
06� OaF 1btY "1eay,.na bRr
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Int n"arvar. Pro_. mawePstxnv.tt�
H U S S Surety 0 + 908.903.3485
202B Halls Mill Road, PO Box 1650 F + 908.903.3656
Whitehouse Station, NJ 08889-1650
Federal Insurance Company
License or Permit Bond Bond No. K40197783 Amount $1,000,000.00
Rnow All Men By These Presents,
That we, MOBIL PIPE LINE COMPANY & EXXONMOBIL OIL CORPORATION
(hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, a corporation duly organized
under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto
of (Address) City of Beaumont
P.O. Box 3872, Beaumont, TX 77704
(hereinafter called the Obligee),
in the sum of One Million and No/100
Dollars ($ 1,000,000.00 ---------- ), for the payment of which we, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the above bounden Principal has made application to the Obligee for a license or permit3W
to lay, maintain, operate, replace or remove a pipeline for the transportation of oil, gas, water, or their products on or across Jim Gilligan Way and Sulphur Drive
in accordance with the rules and ordinances of said Obligee pertaining to same.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully observe, keep
and obey all laws and ordinances of said Obligee relating to the said license or permit now in force, or any amendments
thereto and shall save, indemnify and keep harmless, the Obligee against all liabilities, judgments, costs and expenses,
which may accrue against said Principal in consequence of the granting of such license or permit and will in all things,
strictly comply with the conditions of the license or permit, then this obligations to be void, otherwise to remain in full
force and effect.
PROVIDED, however, that the Surety may terminate this bond as to future liability by giving thirty (30) days written
notice to the Obligee at the above address, such termination not to affect any liability incurred or accrued prior to the
expiration of said thirty (30) day period.
Signed, Sealed and Dated this 11th day of December, 2020.
MOBIL PIPE LINE COMPANY & EXXONMOBIL OIL CORPORATION
Principal
By
Federal Insurance Company
By .
liza th P. Cervini, Attorney -in -Fact
Farm t5"02.0t59+ED (Rev, 7/17)
U E3 r
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC
INDEMNITY COMPANY. a Wisconsin corporation, do each hereby constitute and appoint Jonathan F. Black, Denise M. Bruno, Julia R. Burnet, Elizabeth P. Cervini,
James M. DiSciullo, Stephanie S. Helmig, Melissa J. Hinde, Joyce M. Houghton, David A. Johnson, David C. Rosenberg, Harry C. Rosenberg,
John E. Rosenberg, Matthew J. Rosenberg and Nolan P. Steele of Wayne, Pennsylvania — — —
each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed in the course of business, and any
instruments amending or altering the same, and consents to the modification or alteration ofany Instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these
presents and affixed their corporate seals on this 21d day of October, 2019.
i' t3w-i--s o-fN
t m Al.(:hlr>rez�.,hctu:nuSctlrcay
STATE OF NEW JERSEY
CountyoflIunterdon
Stephen M, li:mcy. Vim Pru.,Wnt
On this 21d day of October, 2019, before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, to me ]mown to be Assistant Secretary of FEDERAL INSURANCE
COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M.
Chloros, being by me duly sworn, did depose and say that she Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC
INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by
authority of said Companies: and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority: and that she Is acquainted with Stephen M
Haney, and knows him to be Vice President of said Companies: and that the signature of Stephen M. Haney, subscribed to said Power of Attorney Is In the genuine handwriting of
Stephen M. Haney, and was thereto subscribed by authority of said Companies and In deponents presence.
Notarial Seal
KATHERINE J. ADELAAR
NOTAgI
NOTARY PUBLIC OF NEW JERSEY
�PU9L1
Rg
No- 2316685
Commission Expires July 16, 2024 Notary Public
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 201G:
'RESOLVED. that the rollowing authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, remgnizan= contracts and other written commitments of the Company
entered Into in the ordinary course of business (each a'Written Commitment"):
(I) Each of the Chairman, the President and the Vice Presidents or the Company Is hereby authorized to execute any Written Commitment for and on behalfof the Company, under the
seal of the Companyor otherwise.
(2) Each duly appointed attomey-In-fact of the Company U hereby authorized to execute any written Commitment for and on behalf of the Company, tinder the seal of the Company or
otherwise, to the extent that such action Is authorized by the grant of powers provided for in such p arson's written appointment as such attorney -hi -fact
(3) Each of the Chairman.. the President and the vice Presidents of the Company Is hereby authorized, for and on behalrof the Company, toappoint Inwriting any pet3on the attorney -
in -fact of the Company with full power and authority to execute, for and on behalrofthe Company. under the sealoftheCompanyorotherwise,suchWrittenCommitmentsofthe
Company as maybe specified in such written appointment, which spedacatton maybe by general type or class of Written Commitments or by specification of one or more particular
Written Commitments.
(4) Each of the Chairman, the President and the Vice Presidents or the Company is hereby authorized, for and on behalf ofthe Company, todelegate Inwriting toany other oQimrofthe
Company the authority to execute, for and on behalf of the Company. under the Company's seal or otherwise, such written Commitments of the Company as are speadlled In such
written delegation, which specification may be by general type or class of Written Commitments or by specification ofoneormore particvlar Written Commitments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company. may be alllxed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED. that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officem employees and other persons to act for and an behalfof
the Company, and such Resolution shag not limit or otherwise affect the exercise of arty such power or authority otherwise validly granted or vested:
I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies") do hereby
certify that
0) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect,
(10 the foregoing Power of Attorney is true, correct and in frill force and effect
Given under my hand and seals of said Companies at Whitehouse Station, DU, this 11th Day of DeceMber, 2020.
W n it f:ltir,nt,ti rl��ittam Scct>K:u7p
iNHEENYOUWISHTOIIH@THBONDRR14AIDLEAECOTACTUAM
Tel(908)903rOFdlubbm
FED- VIG-PI (rev. 08-18)
DocuSign Envelope ID: CCF7D358-gB2&47C6-8B4C-6EAB7BF6431E
FEDERAL INSURANCE COMPANY
STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS
Statutory Basis
December 31, 2019
(In thousands)
LIABILITIES AND
ASSETS
SURPLUS TO POLICYHOLDERS
Cash and Short Term Investments
United States Government, State
$ (429,790)
Outstanding Losses and Loss Expenses
$ 6,823,691
and Municipal Bonds
4,559,706
Reinsurance Payable on Losses and Expenses
Unearned Premiums
1,433.250
2,014,727
Other Bonds
Stocks
5.314,219
Ceded Reinsurance Premiums Payable
353,115
Other Invested Assets
32.735
1,029,733
Other Liabilities
849,544
TOTAL INVESTMENTS
10,506.613
TOTAL LIABILITIES
11,474.327
Investments in Affiliates:
Capital Stock
20,980
Great Northam Ins. Co.
395,442
Paid -in Surplus
2.711,474
Vigilant Ins. Co,
341,290
Unassigned Funds
1,306,881
Chubb Indemnity Ins. Co.
178,808
Chubb National Ins, Co.
181,053
SURPLUS TO POLICYHOLDERS
4,039,335
Other Affiliates
97,150
Premiums Receivable
1,511,096
Other Assets
2,302,210
TOTAL LIABILITIES AND
TOTAL ADMITTED ASSETS $ 15.513,662 SURPLUS $15.513,682
Investments are valued in accordance with requirements of the National Association of Insurance Commissioners, At December 31, 2019,
investments with a carrying value of $508,749,121 were deposited with government authorities as required by law,
STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
John Taylor, being duly swam, says that he is Senior Vice President of Federal Insurance Company and that to the best of his knowledge
and belief the foregoing Is a true and correct statement of the said Company's financial condition as of the 31 st day of December, 2019.
Uoerrs RVa 17!ere me this
D2861 ■ _Vice Presr ant
'Notary FUD IC i My com rssion expires
Commonwealth of Pennsylvania • Notary Seal
Diane Wright, Notary Public
Philadelphia County
My commission expires August 8, 2023
Commission number 1236745
i,•tember, PennsylvanleAssociatlon of Notaries