Pre-Council Conference - June 3, 2025 - 9:30 a.m. MAIN CONFERENCE ROOM - 1ST FLOOR - CITY HALL 1149 ELLSWORTH DRIVE, PASADENA, TX 77506 To discuss any or all of the following items: MAYOR JEFF WAGNER COUNCILMEMBERS RUBEN VILLARREAL District A JONATHAN ESTRADA District E BIANCA VALERIO District B DOLAN DOW District F EMMANUEL GUERRERO - District C ORNALDO YBARRA District G PAT VAN HOUTE District D THOMAS SCHOENBEIN District H AGEND A COUNCIL MEETING CITY OF PASADENA, TEXAS CITY COUNCIL CHAMBERS - 1ST FLOOR 1149 ELLSWORTH DRIVE, PASADENA, TX 77506 June 3, 2025 - 10:00 a.m. 1) CALL TO ORDER 2) ROLL CALL OF MEMBERS 3) INVOCATION = Alissa Newell, Permit Services Supervisor 4 PLEDGES OF ALLEGIANCE - Councilmember Ruben Villarreal COMMUNITY INTEREST COMMENTS IN ACCORDANCE WITH CHAPTER 551.0415 OF THE GOVERNMENT CODE; IE. expression of thanks, congratulations, or condolences; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event; and announcements involving an imminent threat to the public health and safety of people in the political subdivision that has arisen after the posting of the agenda. Agenda 06-03-25 1 6) CITIZENS WISHING TO ADDRESS COUNCIL 7) DOCKETED CITY COUNCIL HEARINGS 8) PRESENTATION OF PROCLAMATIONS, AWARDS AND COMMUNITY EVENTS 9) PROPOSALS FOR CITY BUSINESS 10) PRESENTATION OF MINUTES - May 20, 2025 - 6:00 p.m. 11) PRESENTATION OF MINUTES OF SPECIAL MEETINGS 12) CONTRACT CHANGE ORDERS 13) PROGRESS PAYMENTS (A) Contractor: Mar-Con Services, LLC Estimate No.: Nine (9) Amount: $146,276.61 Project: Red Bluff Road Drainage Improvements Project No.: D066 Ordinance No.: 2024-078 (B) Contractor: SER Construction Partners, LLC Estimate No.: Three (3) Amount: $119,710.47 Project: Dabney Storm Interconnect Project No.: D059 Ordinance No.: 2024-203 (C) Contractor: T Construction, LLC Estimate No.: Two (2) Amount: $253,334.94 Project: 2025 Citywide Waterline Replacement Project No.: W074 Ordinance No.: 2025-014 (D Contractor: Teamwork Construction Services, Inc. Estimate No.: Thirteen & Final (13 & Final) Amount: $21,523.48 Project: Browning Subdivision Drainage Improvements Project No.: D042 Ordinance No.: 2023-172 14) FINANCE RESOLUTION NO. 2927 MISC. CLAIMS & INVOICES 15) PERSONNEL CHANGES (A) REGULAR EMPLOYEES Agenda 06-03-25 2 (B) FINANCE DEPARTMENT EMPLOYEES (C) ADMINISTRATION CHANGES IN PERSONNEL (D) INTRODUCTION OF NEW CITY EMPLOYEES 16) MAYORAL APPOINTMENTS 17) CITY BOARDS AND COMMISSIONS REPORTS 18) REPORTS OF COMMITTEES 19) MAYOR'S REPORT (A) ORDINANCES (1) FINAL READINGS ORDINANCE 2025-118 - Authorizing and approving a revised Ballfield License Agreement developed for use by the Parks and Recreation Department. (PARKS AND RECREATION DEPARTMENT) ORDINANCE 2025-119 - An Ordinance abandoning, vacating and closing a 0.0553 acre (2,411 Sq. Ft.) portion of a ten foot (10') wide utility easement, out of lot 2, in block 1 of Spencer Highway Gardens, as recorded in volume 22, page 51 H.C.M.R., the same being out of the W.C.R.R. Co. Survey, Section 5, Abstract 928, Pasadena, Harris County, Texas; finding that the public necessity and convenience no longer requires the continued existence of said easement; and quitclaiming City interest in and to said easement to the legal owners of fee simple title abutting the easement and $5,910 as fair market value for the 2,411 sq. ft. tract of land. (PLANNING DEPARTMENT) ORDINANCE 2025-120 - An Ordinance abandoning, vacating and closing a fifteen foot (15') wide unimproved public road easement, being the south 428.0 foot of a 15' wide public road easement in lot 4, block 7 of Golden Acres Annex, as recorded in volume 10, page 35, H.C.M.R., the same being out of the W.C.R.R. Co. Survey, section 6, abstract 1108, Pasadena, Harris County, Texas, as described herein; finding that the public necessity and convenience no longer requires the continued existence of said public road easement; and quitclaiming City interest in and to said public road easement to the legal owners of fee simple title abutting the public road easement and $5,136 as fair market value for the 6,420 sq. ft. tract of land. (PLANNING DEPARTMENT) ORDINANCE 2025-121 - An Ordinance abandoning, vacating and relocating a 0.1081 acre (4,707 sq. ft.) portion of a fifteen foot (15') wide drainage easement, out of lot 1, in block 1 of Kingsdale, as recorded in volume 19, page 38 H.C.M.R., the same being out of the W.C.R.R. Co. survey, section 5, abstract 928, Pasadena, Harris County, Texas; finding that the public necessity and convenience no longer requires the continued existence of said easement at this specific location; and that the easement will be relocated to an alternative site to serve the public interest; and quitclaiming city interest Agenda 06-03-25 3 in and to said easement to the legal owners of fee simple title abutting the easement and accepting $11,532 as fair market value for the 4,707 sq. ft. tract of land. (PLANNING DEPARTMENT) FIRST READINGS (A) An Ordinance granting to ONEOK NGL Distribution System, LLC, the non-exclusive right, privilege, franchise and permit to lay, replace, construct, repair, maintain, operate, and remove an existing 6-inch Arconol pipeline within the City of Pasadena routed on and across parcels of land and routes of which are shown as attached and in accordance with plans and specifications neretofore filed with the Department of Public Works, and the Department of Planning; prescribing the terms and conditions under which said right, privilege, franchise, and permit is granted; and providing for acceptance. (PUBLIC WORKS DEPARTMENT) (B) An Ordinance granting to Air Liquide Large Industries U.S. LP, the non-exclusive right, privilege, franchise and permit to lay, replace, construct, repair, maintain, operate, and remove an existing 10-inch Hydrogen pipeline within the City of Pasadena routed on and across parcels of land and routes of which are shown as attached and in accordance with plans and specifications heretofore filed with the Department of Public Works, and the Department of Planning; prescribing the terms and conditions under which said right, privilege, franchise, and permit is granted; and providing for acceptance. (PUBLIC WORKS DEPARTMENT) (3) EMERGENCY READINGS (4) ISSUANCE OF OBLIGATIONS (B) RESOLUTIONS (A) A Resolution amending Resolution 2024-233, to correct the name of the entity nominated as an Enterprise Project to PCI Nitrogen, LLC, as requested by the Office of the Governor Economic Development and Tourism (EDT) through the Texas Economic Development Bank (Bank). (ECONOMIC DEVELOPMENT) 20) OTHER BUSINESS 21) EXECUTIVE SESSION 22) ADJOURNMENT BY THE PRESIDING OFFICER 00 /SI AMANDA F. MUELLER /SI JEFF WAGNER CITY SECRETARY MAYOR Thought for the Week "Tell me and forget. Teach me and I - remember. Involve me and - learn." a Benjamin Franklin a Agenda 06-03-25 4 FINANCE RESOLUTION NO. 2927 Date: June 3, 2025 Page: 1 of 6 WHEREAS the checks issued by the City Controller of the City of Pasadena, which are annexed hereto and incorporated herein for all purposes, are submitted to the Mayor and City Council of the City of Pasadena, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA, THAT the checks issued by the City Controller of the City of Pasadena, annexed hereto and incorporated herein for all purposes, are hereby ratified and approved, as issued. PASSED by the City Council of the City of Pasadena, Texas, in regular meeting at the City, on this 3'd day of June 2025. APPROVED on this 3rd day of June 2025 JEFF WAGNER Mayor City of Pasadena, Texas ATTEST: AMANDA MUELLER JAY W. DALE City Secretary City Attorney City of Pasadena, Texas City of Pasadena, Texas Page 1 of 6 CITY CONTROLLER'S OFFICE CITYOFF PASADENA ACCOUNTS PAYABLE 05/21/20251 THI OUGH 06/03/2025 AMEGY BANK OF1 TEXAS VENDORA # VENOORI NAME PURPOSE OF PAYMENT AMOUNT L21710 AMFAMILY LIFE ASSURANCE COMPANY EMPLOYEE DEDUCTIONS $ 11,748.98 L21112 EQUI VEST LOANL LOCKBOX EMPLOVEE DEDUCTIONS 1,299.49 121113 INVE ESCO INVESTMENT SERVICE INC EMPLOYEE DEDUCTIONS 150.00 12887 MÉTLIFE- GROUP BENEFITS EMPLOVEE OEDUCTIONS 12,666.20 41382 NEW ERSEY AMILV SUPPORT PAYMENT EMPLOYEE DEDUCTIONS 166.00 L21271 OHIO CHILD SUPPORT PAYMENT CENTRAL EMPLOYEE DEDUCTIONS 70.62 L21742 POLICE ANDF FIREFIGHTERSA ASSOCIATION EMPLOYEE DEDUCTIONS 5,038.85 SUBTOTAL- EMPLOYEE DEDUCTION CHECKS MAILEDS 5.30.25 31,140.14 W44393 ACS SSFUND1 IPASADENALLC UBP REFUND 550.00 W44326 ACOSTA, JOSERO OR UBI REFUND 88.44 W44364 AGUILAR- PINA, CESAR UBF REFUND 21.80 W44342 AGUIRRE, SERGIO UBR REFUND 88.33 W44318 ANGLER CONSTRUCTION UBR REFUND 1,157.34 W44363 ARAFAT, IBRAHIM NIHAO UBP REFUND 81.73 W44384 AYALA, MARTHAI KALIL UBP REFUND 100.00 W44331 BAKER. SHARON DENISE UB REFUND 38.47 W44304 BELL,P PERREN MORRELL UB REFUND 62.72 W44362 BEIZ, LEONA JOYCE UB REFUND 97.27 W44396 BERNAL, JENEVIE UBP REFUND 76.02 W44325 ÇALZONZINT TAVAREZ, EMMANUEL UBR REFUND 115.56 W44391 CANIZALES, GERMAN OSBALDO UBF REFUND 57.22 W44409 CASTILLO, FERNANDO UB REFUND 63.72 W44394 CORDOVA, HELEN C UB REFUND 49.91 W44415 CUMMINGS, WOODWORTH UBR REFUND 811.00 W44366 DREW'S, NORMAN UBR REFUND 169.31 W44392 DUNN, STEPHEN UBR REFUND 77.88 W44385 EAGLE COLORS CONSTRUCTION UBF REFUND 63.14 W44386 EXTRAVAGANZA! NAIL & SPA UBR REFUND 87.05 W44389 GARCIA. JIMENEZ, JOSE GUADALUPE UBR REFUND 130.90 W44330 GARCIA, PATRICIALOPEZ UBF REFUND 66.68 W44398 GARCIN, JUAN ANTONIO UBR REFUND 10.62 W44383 GONZALEZ, AIZA UBR REFUND 64.35 W44306 GONZ ALEZ, MIRNA A UB REFUND 9.38 W44320 GRIMALDO, EDGAR JAVIER UB REFUND 58.74 W44327 HEEP, JEFFREY WAYNE UBF REFUND 65.56 W44420 HINOJOSA, PEDRO ORA ANA UBF REFUND 62.72 W44310 HURT, DAVID DEWAYNE UBF REFUND 17.99 W44329 JACKSON KING, VERGIE ANN OR UBF REFUND 25.15 W44343 JORGENSON, SAMMY OR FRANCES UBR REFUND 101.67 W44390 LEE, CHANG1 HO OR) YOUNG) UB REFUND 301.01 W44305 LEWIS, PAULA UBF REFUND 55.40 W44345 LISCANO, CRYSTAL ANN UBF REFUND 44.54 W44316 LOREDO, RODOLFO UBF REFUND 6476 W44388 LOVFALD, MICHAEL W UBF REFUND 125.62 W44360 MANNING, DOUGIAS UBR REFUND 470.94 W44357 MARCON SERVICES UBREFUND 419.41 W44417 MARCONSERVICES UBF REFUND 604.03 W44406 MARTIN, BARRY ELLSWORTH UBF REFUND 7391 W44344 MONTES, ANGELICA UBREFUND 108.85 W44410 MORALES ESCAMILLA, MARICELA UBREFUND 25.16 W44319 MU SHANNAVAR, ASHOK UBREFUND 53.25 W44387 PADILLA, HECTOR HUMBERTO UBREFUND 150.00 W44347 PAGAN FERNANDEZ, CARLOS OR UB REFUND 88.44 W44419 PENA, RAFAEL ORI MARIA G UBF REFUND 67.71 W44408 PETTY, KENNETHI MORRIS R UBF REFUND 51.67 W44317 PHELAN, LISA ANN UBI REFUND 433.18 W44340 PUUDO, SEBASTIAN UBF REFUND 62.87 W44322 RAMIREZ, RAUL UBR REFUND 19.44 W44321 RANGEL, ARMANDO UBF REFUND 66.08 W44365 RECIO, KAYLEE RAE UBF REFUND 2759 W44397 SALINAS, ERIKA EDITH UBR REFUND $5.00 W44416 SER CONSTRUCTION PARTNERS, LLC UBF REFUND 694.02 W44407 SERRANO, JEANNETTE YOLANDA UBR REFUND 55.40 W44348 SHAHAF, OMER UBF REFUND 68.54 W44328 STOKELY, DAVID MICHAEL UBF REFUND 11.45 W44418 TERRY, JALAH) UB REFUND 52.11 W44341 URESTI, SARA UBF REFUND 89.44 W44346 VALDEZ, DAVID JR UBF REFUND 89.44 W44411 VELASQUEZ, ORALIA UBR REFUND 5.10 W44311 WILDER, KELLI ANN OR UBF REFUND 63.72 W44323 ZOLAN, YVONNE CASTANEDA UBF REFUND 20.02 SUBTOTAL-TOBEN MAILEO FOLLOWING THEC COUNCIL MEETING6.3.25 8,988.77 42137 BRISEYDAE BARAJAS PAL GYM CONTRACTOR 108.00 43339 GISELLE ROSE DE LEON PALO GYMO CONTRACTOR 132.00 39806 CAMILA HERRERA PALC GYMCONTRACTOR 60.00 00001284 RUBEN LOPEZ PAL GYM CONTRACTOR 640.00 42471 ARNALDO MENDOZA PAL GYMO CONTRACTOR 390.00 00006192 RAYMOND PEREZ PALG GYMCONTRACTOR 400.00 42484 JESSI PONCE PALG GYMO CONTRACT TOR 260.00 36322 ALEXA DENISE SANCHEZ PAL GYM CONTRACTOR 396.00 00007549 ROGEUO TOVAR PALG GYM CONTRACTOR 22:50 Page 20f6 31332 VICTORIA DANIELLE GONZALEZ PAL GYMCONTRACTOR 372.00 SUBTOTAL- TOBEN MAILED FOLLOWING THE COUNCIL MEETING6 6.3.25 2,780.50 43899 PASADENAF FIRE IGMIERSASOCIATION DONATION-DOW 300.00 SUBTOTAL- EMERGENCY CHECK MAILEDS.16.25 300.00 19965 CAPITALE BANKC CARDS SERVICE CENTER REVIEW/FEE FY24GFOA, COUNCIL MIGD DINNER. PROMOITEMS, & GAAFR2024 2,260.45 SUBTOTAL. CHECKI MAILED5.28.257 TOA AVOIDL LATEFEE 2,260.45 00140501 4IMPRINT EVENT GIVEAWAY ITEMS 1,177.85 00010879 A&HV WRECKER! SERVICE TOWING CHARGES 3,558.00 00003305 A&RE ENGINEERING AND TESTING 24 0617 TO04/30/25 #8 205.00 9535 T&T NOD CHARGES APR- MAY 280.80 9535 AT&T NODC CHARGES-FEB 380.13 9535 AT&T INTERNET-MAY 160.00 9535 AT&T INTERNET-APR 1,682.80 9535 AT&T NOD CHARGES-NOV 693.00 00008029 AT&TMOBILTY PHONE CHGS 4/9- 05/8 8,370.39 00004763 ABCDOORS OVERHEADI DOOR REPAIRS 426.25 22569 ACCURATE! METER &E BACKFLOW, LLC MI REHOUSE INVENTORY 419.89 00003905 ACES ANIMAL CARE EQUIPMENT SERVICES SHELTER: SUPPLIES 2,018.60 00010045 ACT PIPE & SUPPLY, INC. WATER REPAIR PARTS 32252 00002724 ACTION TARGETI INC. 17-1871 TARGETS 635.83 35568 ACTION TOWING, INC TOWING CHARGES 1,793.60 22124 ALLEN ANDI KERBER AUTO SUPPLY 25-0341 REPAIR PARTS 12,174.57 28297 ALLTERRAC CENTRAL, INC FORENSICE EQUIPMENT 23,752.89 35080 ALPHA & OMEGA SOUND 50% DEPS STAGE/SETUP 1,750.00 00004055 ALTEC INDUSTRIES VEHICLE REPAIRS 3,334.24 T1212409 JESSICAA ALVA RENTALI DEPOSIT REFUND 150.00 32349 AMA ON CAPITAL SERVICES, INC. IPAD ACCES ESSORIES 1,769.73 41386 AMERITURF, A SERIESOF SCRUGGS FERTILIZER/SOIL COND. 1,030.80 9239 ARNOLD OIL COMPANY HYORAULIC/MOTOR OIL 500.00 37484 AT&T MOBILITY. CC DATA SERVICES APR 6,621.85 37484 AT&T MOBILITY-CC DATA SERVICES-APR 9725 374B4 AT&T MOBILITY CC DATAS SERVICES-APR 153.50 23846 ATRTMOBIUITY- FIRST NET XXXX3824-APR 101.88 41403 AVALON EVENT RENTALS TENT RENTAL-4TH FEST 1,025.3 39 00070320 GULF COAST TROPHIES, INC. DBA SOCCER/VB MEDALS 435.60 39444 SELECTIVE GIFTH INSTITUTE, INCO OBA SERVICE AWARDITEMS 1.317.15 33891 AZTEC RENTAL CENTER, INC REPAIRE PARTS 691.45 00000765 B&HPHOTO VIDEO, INC MEDIA EQUIPMENT 1,159.30 00020117 BAKER & TAYLOR. PA 24- 240800KS 8,496.42 00000833 BAKER &1 TAYLOR ENTERT AINM MENT 23-218A AVI MATERIALS 3,922.10 38510 JORGE BANDA COACHING INCENTIVE 45.00 00003689 BAYA AREA RENTALS 24-082 CONCRETE 2,357.55 41334 BAYWAYCHRYSLERI DODGE. JEEP RAM VEHICLE REPAIRS 1,835.70 00003545 BAYWAYE LINCOLNI MERCURY VEHICLE REPAIRS 6,641.13 40704 BEASLEY TIRE SERVICE HOUSTON INC TIRES 33,364.72 44371 JOSE BEJAR COACHINGI INCENTIVE 45.00 43140 BERRY, DUNN/MCNEIL & AQU CS STUDY 10,890.00 9304 BIG ZLUMBERO COMPANY WAREHOUSE INVENTORY 3,714.30 25246 BIWAY MEDIA EQUIPMENT REPAIRS 779.00 00006357 BRENNTAG SOUTHWESTI INC CHLORINE TANKS 8,105.00 00004111 BROOKWOO0 COMMUNITY, ASSOCIATION 18-044F REFORESTATION 3.,800.00 44367 ELISSA BROWN TUITIONF REIMBURSEMENT 373.53 00021215 BSNS SPORTS SPORTSE EQUIPMENT 940.92 43016 PABLOCABRAL COACHINGI INCENTIVE 45.00 13789 ÇARIBROWNLEE MEMBERSHIP DUES 263.00 44401 ANDREACASTRO RENTAL OEPOSIT REFUND 100.00 00004422 CDW GOVERNMENTI INC SIGNATURE PAD 1,849.14 00051420 CENTERPOINTE ENERGY GASUSAGE 04/18- 05/20 4,146.82 00003760 CERTIFIED LABORATORIES PUREWASH SYSTEMS 297.00 42558 CHARLIE HINDS WRECKER SERVICE INC o WING CHARGES 2,280.00 00003055 CHASTANGS BAYOU CITY FORD TRUCK 25- 034F REPAIRE PARTS 6,309.70 00007701 CITY OF HOUSTON SWME RECYCUNG HHW VOUCHERS 9,000.00 35131 CLIFFORD POWER SYSTEMS, INC 22-131 GENERATOR 4,872.60 8608 COMCAST CABLE ETHERNET INTERNET-MAR 1,618.02 8608 COMCAST CABLE CABLE SERVICES-APR 12.89 8608 COMCAST CABLE SERVICES-MAY 25.78 8608 COMCAST CABLE INTERNET-MAY 150.75 8608 COMCAST CABLE ETHERNET INTERNET-APR 2.243:27 14217 COMPETITIVE CHOICE, INC. 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TASK LIGHT 125.00 38795 EOGAR ORTIZ COACHINGI INCENTIVE 45.00 10009 PASADENA AUTOCOLLISION 25-041 VEHICLE REPAIR 61,549.76 9874 PASADE ENAI FENCE COMP Al NY FENCE &5 SUPPLIES 6,830.00 11209 PASADENA HOME CENTER MISC REPAIR PARTS 178.27 00132115 PASADENAN MUNICIPAL COURT PETTY CASH JUROR REIMBURSEMENT 108.00 00000344 PASADENAN NARCOTICS PETTY CASH PETTY CASH 5,400.00 37291 PASADENAI POLICE DEPARTMENT #13414 CIP SOURCE 21-CI-03 756.00 00160301 PASADENA TRARLER &1 TRUCK 6 SSORV REPAIR PARTS 863.86 19130 PATTERSONI EQUIPMENT COMPANY ROOT CUTTING CHAINS 416.05 10592 PATTERSON VETERINARY SUPPLYINC CLEANING CHEMIÇALS 1,596.40 00001960 PERFORMANCE RADIATOR REPAIR PARTS 122.95 00160822 PHILLIPS TOWING & RECOVERY TOWING CHARGES 3,748.00 00161887 PITNEY BOWES 22-002 EQUIP LEASE 1,545.30 28113 POUK MECHANIÇAL COMPANY HYDRO TEST-UG LINES 1,560.00 26703 POSITIVE CONCEPTS, INC TICKET WRITER PAPER 2,665.20 00161520 POTEET WRECKER SERVICE TOWINGO CHARGES 1,620.00 8422 PRESTON TRAILS OWNERS ASSOCIATION 18-0445 STUMP GRINDING 2,225.00 11386 PRESTONT TRAILS SOUTH 18-0 044 ENTRANCES 700.00 21726 PROMAXIMA! 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SYSTEMS TCANNON 125.00 9537 ROSA RAMOS SPANISH EVALUATIONS 280.00 00180193 RANDYS DRIVESHAFT SERVICE EQUIPMENTA REPAIRS 1,630.82 00180205 RBI EVERETT & COMPANY REPAIRE PARTS 15.17 39931 RETIREE FIRSTU LLC INSURANCE PREMIUM-JUN 58,260.00 44375 RAULI REYES COACHING INCENTIVE 22.50 00006319 RICK'SLONE: STARI MUFFLER CONVERTERI REPAIRS 227.55 41767 RISING STAR RECRUITING PERSONNEL SERVICES 29,833.65 44380 DIAMANTINA RIVERA RENTAL DEPOSIT REFUND 100.00 43386 OANIEL RODRIGUEZ RENTALI DEPOSIT REFUND 200.00 44351 JESUS RODRIGUEZ COACHING INCENTIVE 50.00 44370 VALERIER RODRIGUEZ COACHING INÇENTIVE 50.00 44373 VANESSAF RODRIGUEZ COACHINGI INCENTIVE 50.00 37965 ROMMELMANN ENTERPRISESLLCE DBA MU URIATIC AÇID5 550 GAL 1,196.25 00181515 RON'S TOWING &R RECOVERY TOWING CHARGES 1,620.00 44377 ANGELICAF ROSALES RENTAL DEPOSIT REFUND 100.00 00007383 RICHARD HF ROWLAND JR TRAÇTOR MOW 250.00 19427 SBSINVESTIGATIONS/ AND! SECURITY, IN 23-236 SEC OFFICERS 5,947.50 00190732 SAM'S CLUB EVENTI FOODITEMS 1,782.83 43014 JUAN: SANCHEZ COACHINGI INCENTIVE 45.00 42800 ODELIAS SANTILLAN TUITION REIMBURSEMENT 2,011.20 00007860 SARAH'S HOUSE 24-213: SHELTER 7,435.47 12057 SERC CONSTRUCTIONF PARTNERS LLC 0059 DABNEYS STORMI INTERCON NN NS ECT 119,710.47 9814 SHADES OF TEXAS LANDSCAPING: SUPPUES 782.14 44333 EBONY SHEPARD RENTAL OEPOSIT REFUND 100.00 00003135 SHIC GOVERNMENT: OLUTIONS, INC, MS365 UCENSES 28,408.50 21856 SIDDONS- MARTIN EMERGENCY GROUP GARBAGE TRUCKI PARTS 6,638.27 00190135 SIRCHIE FINGER PRINT LABORATORIES DNAI KITS 533.00 00004250 SMART MATERIALSI INC BANK SAND 234.00 44097 SOUND: SOURCE ENTERTAINMENT DIS Svcs-s 50%0 DEP-07/04 687.50 18407 SPS STARTEX TRUCK & ABRICATION, LLC VEHICLE PARTS 245.00 41162 SPAY- NEUTER ASSISTANCE PROGRAMI INC 25-035 SPAYS/NEUTERS 5,835.00 00003869 STATE INDUSTRIAL PRODUCTS FRAGRANCE CUBES-MAY 211.10 00007459 STRIPES & STOPS COMPANYI INC 25-061 STRIPING 60,150.00 9840 SYSCOHOUSTON CONCESSION FOODITEMS 12,741.52 10530 TO CONST CTION LLC W074 CITYWIDE WATERLINE REPI 18 EN NT 253,334.94 44374 LUIS TAMAYO COACHINGI INCENTIVE 45.00 44352 MARIO TAMEZ COACHING INCENTIVE 45.00 42900 TARTAN OIL LLC FUEL 36,713.55 40335 TEAMWORK CONSTRUCTIONS SERVICES, INC 0042 SUBDIVISION BROWNING DRAINAGE IMPROV 21,523.48 00003941 RONALDCEDWARDS PEST CONTROL 260.00 00007310 TEXAS DEPARTMENT OF LICENSING ELEVATOR INSPECTION 160.00 38221 TEXAS IRRIGATION: SUPPLY IRRIGATION PARTS 1,162.95 44413 TEXAS POOLSINC PERMITA APP. REFUND 850.90 10830 TEXAS SNAKES&I MORE SRP PROGRAM-06/18 550.00 T0806297 THEE BRIDGE OVER TROUBLEOV WATERS 24-216R REHOUSING SVCS 7,828.00 8395 THE PLAYWELLI GROUP INC 24- 155 PAVILION CONST 4,697.06 43945 THERMO FLUIDS, INC RECYCLED OIL 408.00 21154 THIS DEERE DOESNTI NAG WEEDI MOWING 725.00 44332 A'NAYAT THOMAS RENTALO DEPOSIT REFUND 100.00 44381 DEBORAHT THOMPSON RENTAL DEPOSIT REFUND 150.00 44422 TMLI NTERGOVERNMENTALI RISK POOL OVERPAYMENT REFUND 3,305.62 00007549 ROGELIO TOVAR COACHING INCENTIVE 45.00 00208541 TRANTEX TRANSPORTAT TION NA ARG HOUSE INVENTORY 6,044.25 25473 TRIMAXI MOWING: SYSTEMS, INC EQUIPMENT PARTS 442.21 18988 TRUGREEN LIMITED PARTNERSHIP LAWN SERVICE 170.00 10646 UNIFIRST WEEKLY UNIFORM RENTAL/SER 830.95 44353 USARMY CORPS OF ENGINEERS ADMINISTRATIVE FÉES 21,320.00 00006668 USA BLUE BOOK TESTING SUPPLIES 1,220.74 44337 USIO OUTPUTS SOLUTIONS INC POSTAGE 20,755.00 00006184 ELIZABETH VARGHESE. JACOB MEMBERSHIP DUES 263.00 00007176 VERIZON WIRELESS AIRCARD 721.81 00007176 VERIZON WIRELESS AIRCARD 265.93 00007176 VERIZON WIRELESS AIRCARD 455.88 00007176 VERI IZON WIRELESS AIRÇARD 189.95 00007176 VERIZON WIRELESS AIRCARD 1,67156 00007176 VERIZON WIRELESS AIRCARD 189.95 Page 50f6 00007176 VERIZON WIRELESS AIRCARD $31.86 00007176 VERIZON WIRELESS AIRCARD 761.70 00007176 VERIZON WIRELESS AIRCARD 766.81 00007176 VERIZON WIRELESS AIRCARD 873.77 00007176 VER RIZON WIRELESS AIRCARD 379.90 00007176 VERIZON WIRELESS AIRCARD 455.88 00007176 VERIZON WIRELESS AIRCARD 645.83 0000 176 VERIZON WIRELESS AIRCARD 15196 00007176 VERIZON WIRELESS AIRCARD 493.87 00007176 VERIZON WIRELESS AIRCA ARD 151.96 0 00 07176 VERIZON WIRELESS AIRCARD 3799 00007176 VERIZON WIRELESS AIRÇARD 227.94 00007176 VERIZON WIRELESS AIRCARD 75.98 00007176 CON N WIRELESS AIRCARD 113.97 0 1 176 VERIZON WIRELESS AIRCARD 75.98 00007176 VERIZON WIRELESS AIRCARD 303.92 00007176 VERIZON WIRELESS AIRCARD 75.98 00007176 VERIZON WIRELESS AIRCARD 75.98 00007176 VERIZON WIRELESS AIRCARD 113.97 000 7 176 VERIZON WIRELESS AIRCARD 189.95 00007176 VERIZON WIRELESS AIRCARD 534.32 00007176 VERIZON WIRELESS AIRCARD 113.97 00007176 VERIZON WIRELESS AIRÇARD 75.98 00007176 VERIZONV WIRELESS AIRCARD 303.92 00007176 VERIZON WIRELESS AIRCARD 151.96 00007176 VERIZON WIRELESS AIRCARD 37.99 00007176 VERIZONV WIRELESS AIRCARD 3799 00007176 VERIZON WIRELESS AIRCARD 3799 00007176 VERIZON WIRELESS AIRCARO 3799 00007176 VERIZON WIRELESS AIRCARO 37.99 00007176 VERIZON WIRELESS AIRÇARD 37.99 00007176 VERIZON WIRELESS AIRCARD 1,691.66 44314 JOSEFA VILLEGAS RENTAL DEPOSIT REFUND 100.00 44334 VIKA ARCHITECTS PERMIT FEE REFUND 245.00 43799 WACO 20250 CONVENTION CONVENTIONF REGISTR. 150.00 00002071 WASTE MANAGEMENT SERVICE 21,678.3 30 00002071 WASTE MANAGEMEN NT SERVICE 639.61 00002071 WASTE MANAGEMENT SERVICE 34,329.64 00002071 WASTE MANAGEMENT SERVICE 512.24 10064 WATERWAY CLEANUPS SERVICES INSPECTIONS/MAINT MAY 925.00 00010032 WILKINS &A A5SOC / ADS CUSTOM SIGNS SIGNS FOR PACE PROG 400.00 44114 WINSTON- cox WATERWORX OF HOUSTON WAREHOUSE INVENTORY 6,874.98 27536 VELLOWSTONE LANDSCAPE RRIGATION REPAIRS 2,985.00 37635 ZIEGLER COOPER INC OBA 24-1271 TO4 4/30/25 #I0 7,518.20 44399 RICARDOZ ZUNIGA VISIONPLANF REFUND 66.64 SUBTOTAL- TOB BE MAILEDF FOLLOWING THE COUNCIL MÉETING 6.3.25 3,304,009.13 PERCHECKE REGISTER CKH7 XX7683 -XX8084 $ 3,349,478.99 Page 60f6 ITEM ONE PERSONNEL REQUESTS June 03, 2025 A. REGULAR EMPLOYEES 1. RECOMMENDED EMPLOYMENT * 2. NOTICE OF SUSPENSIONS Guy Lux Inspector V, Inspections, effective 5/20/25 3. NOTICE OF RESIGNATIONS Leobardo A. Betancourt Police Service Officer II, Police Operations, effective 5/29/25 4. NOTICE OF RETIREMENTS Charles Kevin Traxler Police Officer, Police, effective 5/22/25 5. NOTICE OF DEATHS B. FINANCE DEPARTMENT 1. RECOMMENDED EMPLOYMENT * 2. REINSTATEMENTS 3. NOTICE OF SUSPENSIONS 4. NOTICE OF RESIGNATIONS 5. NOTICE OF RETIREMENTS 6. NOTICE OF DEATHS 7. ADMINISTRATIVE CHANGES IN FINANCE PERSONNEL C. ADMINISTRATIVE CHANGES IN PERSONNEL * D. NTRODUCTION OF NEW EMPLOYEES Require Approval of Council PRE-COUNCIL MEETING CITY OF PASADENA May 20, 2025 - 5:34 p.m. MINUTES CALL TO ORDER Mayor Wagner called the Pre-Council Meeting to order. Proceeded to go over the agenda. 19) - (B) RESOLUTIONS: Item (G) = Councilmember Schoenbein questioned if there had been any discrepancies found during the audit. Short question/answer session followed between Councilmember Schoenbein and Lindsay Koskiniemi, City Controller. ADJOURNMENT 5:40 p.m. Mayor Wagner adjourned the Pre-Council Meeting. RECORD OF PROCEEDINGS CITY OF PASADENA May 20, 2025 = 6:00 p.m. CALL TO ORDER The regular Council Meeting of the City of Pasadena, Harris County, Texas, was called to order by Mayor Wagner. ROLL CALL COUNCIL PRESENT: Mayor Jeff Wagner RUBEN VILLARREAL District A JONATHAN ESTRADA - District E PAT VAN HOUTE District D DOLAN DOW District F THOMAS SCHOENBEIN - District H Absent = Councilmembers Bianca Valerio, Emmanual Guerrero and Ornaldo Ybarra Also present at the Council table was Amanda Mueller, City Secretary INVOCATION = Jason Ross, Interim Parks and Recreation Director PLEDGES OF ALLEGIANCE - Councilmember Thomas Schoenbein City of Pasadena - Council Meeting 1 Minutes: 05-20-25 6:00 p.m. COMMUNITY INTEREST COMMENTS IN ACCORDANCE WITH CHAPTER 551.0415 OF THE GOVERNMENT CODE Councilmember Schoenbein - Welcomed everyone to the meeting. Congratulated the retirees; and thanked them for their service to the city. Noted there were near record- breaking crowds at the Strawberry Festival. Recognized Conrad Puckett in the audience. Wished Mr. Puckett a happy 97th birthday. Councilmember Villarreal = Passed, no comments. Councilmember Van Houte = Passed, no comments. Councilmember Estrada Wished Mr. Puckett a happy birthday. Congratulated the retirees. Recognized the Strawberry Festival group for the hard work they do. Noted that early voting for the runoff election will begin on Tuesday, May 27th. Urged everyone to get out and vote. Councilmember Dow = Passed, no comments. CITIZENS WISHING TO ADDRESS COUNCIL Wayne Dolcefino = Spoke on transparency. Dwight Puckett - Spoke on personnel matters. Michelle Paltin - Spoke on comments made at previous meetings. Stephen Alvarez = Spoke on corruption. Jon M. Mathews Spoke on the city and its people. Robert Jeter III - Spoke on the 14th Amendment. DOCKETED CITY COUNCIL HEARINGS PRESENTATION OF PROCLAMATIONS. AWARDS AND COMMUNITY EVENTS PROPOSALS FOR CITY BUSINESS PRESENTATION OF MINUTES = May 6, 2025 - 10:00 a.m. Councilmember Estrada moved, seconded by Councilmember Schoenbein that the Minutes from the May 6, 2025 Council Meeting be APPROVED. MOTION CARRIED, UNANIMOUS. PRESENTATION OF MINUTES OF SPECIAL MEETING - May 13, 2025 - 6:00 p.m. Councilmember Estrada moved, seconded by Councilmember Van Houte that the Minutes from the May 13, 2025 Special Council Meeting be APPROVED. MOTION CARRIED, UNANIMOUS. City of Pasadena - Council Meeting 2 Minutes: 05-20-25 6:00 p.m. CONTRACT CHANGE ORDERS PROGRESS PAYMENTS (A) Contractor: Brooks Concrete, Inc. Estimate No.: Two (2) Amount: $242,741.20 Project: 2025 Annual Sidewalk Improvements Project No.: S143 Ordinance No.: 2025-002 (B) Contractor: Christensen Building Group Estimate No.: Fifteen (15) Amount: $442,347.82 Project: Pasadena Police Annex Building Project No.: P010 Ordinance No.: 2023-247 (C) Contractor: D & W Contractors, Inc. Estimate No.: Three (3) Amount: $2,850.00 Project: 2025 Annual Paving & Drainage improvements Project No.: D063 Ordinance No.: 2025-003 (D) Contractor: D & W Contractors, Inc. Estimate No.: Three (3) Amount: $140,225.38 Project: 2025 Annual Paving & Drainage Improvements Project No.: $142 Ordinance No.: 2025-003 (E) Contractor: DL Glover, Inc. Estimate No.: One (1) Amount: $49,661.25 Project: Strawberry Rd 15-Inch Sanitary Sewer Repair Project No.: WW101 Ordinance No.: 2024-202 (F) Contractor: Polk Mechanical Company Estimate No.: Two (2) Amount: $256,818.25 Project: City Hall Air Handlers & Automation Phase II Project No.: MO55 Ordinance No.: 2024-023 (G) Contractor: SER Construction Partners, LLC Estimate No.: Seven (7) Amount: $1,073,290.38 Project: Shaver St. Paving & Drainage improvements PH III City of Pasadena - Council Meeting 3 Minutes: 05-20-25 6:00 p.m. Project No.: $135 Ordinance No.: 2024-130 (H) Contractor: SER Construction Partners, LLC Estimate No.: Two (2) Amount: $613,985.72 Project: Dabney Storm Interconnect Project No.: D059 Ordinance No.: 2024-203 (I) Contractor: TC Construction, LLC Estimate No.: One (1) Amount: $270,311.10 Project: 2025 Citywide Waterlne Replacement Project No.: W074 Ordinance No.: 2025-014 (J) Contractor: Way-Tech, Inc. Estimate No.: Nine (9) Amount: $690,374.68 Project: Construction of Fire Station No. 7 Project No.: F014 Ordinance No.: 2024-113 Councilmember Dow moved, seconded by Councimember Estrada that Progress Payments (A), (B), (C), (D), (E), (F), (G), (H), (I) and (J) be APPROVED. MOTION CARRIED, UNANIMOUS. FINANCE RESOLUTION NO. 2926 MISC. CLAIMS & INVOICES Councimember Schoenbein moved, seconded by Councilmember Dow that Finance Resolution 2926 be APPROVED. MOTION CARRIED, UNANIMOUS. PERSONNEL CHANGES (A) REGULAR EMPLOYEES (B) FINANCE DEPARTMENT EMPLOYEES (C) ADMINISTRATION CHANGES IN PERSONNEL (D) INTRODUCTION OF NEW CITY EMPLOYEES Councilmember Estrada moved, seconded by councimember Villarreal that Personnel Changes (A) be APPROVED. MOTION CARRIED, UNANIMOUS. MAYORAL APPOINTMENTS CITY BOARDS AND COMMISSIONS REPORTS City of Pasadena = Council Meeting 4 Minutes: 05-20-25 6:00 p.m. REPORTS OF COMMITTEES MAYOR'S REPORT ORDINANCES FINAL READINGS ORDINANCE 2025-118 - Authorizing and approving a revised Ballfield License Agreement developed for use by the Parks and Recreation Department. Councilmember Estrada moved, seconded by Councilmember Schoenbein that Ordinance 2025-118 be passed on second and final reading. MOTION CARRIED, UNANIMOUS. ORDINANCE 2025-119 - An Ordinance abandoning, vacating and closing a 0.0553 acre (2,411 Sq. Ft.) portion of a ten foot (10') wide utility easement, out of lot 2, in block 1 of Spencer Highway Gardens, as recorded in volume 22, page 51 H.C.M.R., the same being out of the W.C.R.R. Co. Survey, Section 5, Abstract 928, Pasadena, Harris County, Texas; finding that the public necessity and convenience no longer requires the continued existence of said easement; and quitclaiming City interest in and to said easement to the legal owners of fee simple title abutting the easement and $5,910 as fair market value for the 2,411 sq. ft. tract of land. Councilmember Estrada moved, seconded by Councilmember Schoenbein that Ordinance 2025-119 be passed on second and final reading. MOTION CARRIED, UNANIMOUS. ORDINANCE 2025-120 - An Ordinance abandoning, vacating and closing a fifteen foot (15') wide unimproved public road easement, being the south 428.0 foot of a 15' wide public road easement in lot 4, block 7 of Golden Acres Annex, as recorded in volume 10, page 35, H.C.M.R., the same being out of the W.C.R.R. Co. Survey, section 6, abstract 1108, Pasadena, Harris County, Texas, as described herein; finding that the public necessity and convenience no longer requires the continued existence of said public road easement; and quitclaiming City interest in and to said public road easement to the legal owners of fee simple title abutting the public road easement and $5,136 as fair market value for the 6,420 sq. ft. tract of land. Councilmember Estrada moved, seconded by Councilmember Schoenbein that Ordinance 2025-120 be passed on second and final reading. MOTION CARRIED, UNANIMOUS. ORDINANCE 2025-121 - An Ordinance abandoning, vacating and relocating a 0.1081 acre (4,707 sq. ft.) portion of a fifteen foot (15') wide drainage easement, out of lot 1, in block 1 of Kingsdale, as recorded in volume 19, page 38 H.C.M.R., the same being out of the W.C.R.R. Co. survey, section 5, abstract 928, Pasadena, Harris County, Texas; finding that the public necessity and convenience no longer requires the continued existence of said easement at this specific location; and that the easement will be relocated to an alternative site to serve the public interest; and quitclaiming city interest City of Pasadena - Council Meeting 5 Minutes: 05-20-25 6:00 p.m. in and to said easement to the legal owners of fee simple title abutting the easement and accepting $11,532 as fair market value for the 4,707 sq. ft. tract of land. Councilmember Estrada moved, seconded by Councilmember Schoenbein that Ordinance 2025-121 be passed on second and final reading. MOTION CARRIED, UNANIMOUS. FIRST READINGS EMERGENCY READINGS ISSUANCE OF OBLIGATIONS RESOLUTIONS RESOLUTION 2025-097 = A Resolution pursuant to Section 2-147 of the Code of Ordinances of the City of Pasadena, Texas, amended by Ordinance 2025-086, the Chief of Police appoints Jeremy Armstrong, Deputy Code Enforcement Inspector as the Code Official. Councilmember Estrada moved, seconded by Councilmember Dow that Resolution 2025- 097 be passed, approved and adopted. MOTION CARRIED, UNANIMOUS. RESOLUTION 2025-098 - Accepting a monetary donation of $300.00 in the form of an H-E-B gift card from H-E-B for use by the Parks and Recreation Department in connection with the 2025 Wheelchair Wind Up Softball Tournament. Councilmember Estrada moved, seconded by Councilmember Dow that Resolution 2025- 098 be passed, approved and adopted. MOTION CARRIED, UNANIMOUS. RESOLUTION 2025-099 - Accepting a monetary donation in the amount of $1,500.00 and an in-kind donation of a portable misting fan, battery and charger valued at $500.00 from TIRR Memorial Hermann for use by the Parks and Recreation Department in connection with the 2025 Wheelchair Wind Up Softball Tournament. Councilmember Estrada moved, seconded by Councimember Dow that Resolution 2025- 099 be passed, approved and adopted. MOTION CARRIED, UNANIMOUS. RESOLUTION 2025-100 - A Resolution of the City Council of the City of Pasadena, Texas, authorizing and approving an amendment to the Fiscal Year 2025 Budget (passed by Resolution 2024-143 and 2025-051), for the Pasadena Crime Control and Prevention District as approved by the Board members on May 7th, 2025 and llustrated in Exhibit "A". Councilmember Estrada moved, seconded by Councilmember Dow that Resolution 2025- 100 be passed, approved and adopted. MOTION CARRIED, UNANIMOUS. RESOLUTION 2025-101 Accepting a donation from Petco Love in the amount of $2,184.00 to be deposited in Account No. 006-243051 for the medical care and life saving measures of the shelter animals. City of Pasadena - Council Meeting 6 Minutes: 05-20-25 6:00 p.m. Councilmember Estrada moved, seconded by Councilmember Dow that Resolution 2025- 101 be passed, approved and adopted. MOTION CARRIED, UNANIMOUS. RESOLUTION 2025-102 - A Resolution nominating Kinder Morgan Liquids Terminals, LLC to the Office of the Governor Economic Development and Tourism (EDT) throught the Texas Economic Development Bank (Bank) as an Enterprise Project. Councilmember Estrada moved, seconded by Counciimember Dow that Resolution 2025- 102 be passed, approved and adopted. MOTION CARRIED, UNANIMOUS. RESOLUTION 2025-103 Accepting and approving the Comprehensive Annual Financial Report of the City of Pasadena, Texas, for the fiscal year ended September 30, 2024, as prepared by the City Controller's Office and audited by Crowe LLP, Certified Public Accountants. Councilmember Estrada moved, seconded by Councilmember Dow that Resolution 2025- 103 be passed, approved and adopted. Councilmember Schoenbein = Commented that the city received an outstanding report. Thanked the City Controller and staff for all their diligent work. MOTION CARRIED, UNANIMOUS. OTHER BUSINESS EXECUTIVE SESSION ADJOURNMENT BY THE PRESIDING OFFICER Mayor Wagner - Thanked everyone for coming to the meeting. City of Pasadena = Council Meeting 7 Minutes: 05-20-25 6:00 p.m. AGENDA REQUEST L ORDINANCE RESOLUTION 2A NO: 2025- CAPTION: : Grant a new pipeline franchise to ONEOK NGL Distribution System, LLC. To lay, replace, maintain, operate, and remove an existing 6" inch Arconol Pipeline commencing along and adjacent to the Pasadena Freeway (Sta te Highway 225), from Sinclair Refinery to Shell Refinery, crossing Allendale Rd, Richey St and Inwood Dr, all in the corporate limits of the City of Pasadena, Texas, to transport Arconol. REÇOMMENDATIONS & JUSTIFICATION: : ONEOK NGL Distribution System, LLC(ord. 2020-067) has made a renewal pipeline franchise request, but due to the ordinance expiration, it will be classified as a new pipeline franchise. The new pipeline franchise will allow ONEOK NGL Distribution System, LLC the right, privilege, and permit to lay, replace, construct, repair, maintain, operate, and remove the existing one (1) 6" inch Arconol pipeline. (IF ADDITIONAL SPACE IS REQUIRED, - PLEASE ATTACH SECOND PAGE) BUDGETED: : COUNCIL DISTRICT (S) AFFECTED: A REQUIRES APPROPRIATION: See attached Certification L - hsn Mun,h COUNCIL ACTION Robin s. Green, Jr. DATE:5/20/2025 REQUESTING PARTY (TYPED) FIRST READING: : FINAL READING: BUDGET DEPARTMENT MOTION MOTION PURCHASING DEPARTMENT SECOND SECOND APPROVED: 14/ CITY ATTORNEY DATE DATE s Auryw MAYOR DEFERRED: : ORDINANCE NO. 25 - An Ordinance granting to ONEOK NGL Distribution System, LLC, the non-exclusive right, privilege, franchise and permit to lay, replace, construct, repair, maintain, operate, and remove an existing 6-inch Arconol pipeline within the City of Pasadena routed on and across parcels of land and routes of which are shown as attached and in accordance with plans and specifications heretofore filed with the Department of Public Works, and the Department of Planning; prescribing the terms and conditions under which said right, privilege, franchise, and permit is granted; and providing for acceptance. WHEREAS, ONEOK NGL Distribution System, LLC, has made a request for a new non-exclusive pipeline franchise and the non- exclusive right, privilege, franchise and permit to lay, replace, construct, repair, maintain, operate, and remove an existing 6- inch Arconol pipeline; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City of Pasadena, Texas, hereinafter referred to as "City" or "Grantor", does hereby, subject to all of the provisions herein, grant to ONEOK NGL Distribution System, LLC, hereinafter referred to as "Grantee", for a term of twenty (20) years from the date of this ordinance, and subject to the terms and conditions herein, the non-exclusive right, privilege, franchise, and permit to lay, replace, construct, repair, maintain, operate, and remove an existing 6-inch pipeline routed on and across parcels of land and routes of which are shown on the plats and the courses, distances and descriptions as attached hereto and incorporated herein on Exhibit "A", all in the corporate limits of the City of Pasadena, Texas. Said pipeline to be constructed in accordance with plans and specifications filed with the Director of Public Works and Director of City Planning, which shall be for the transportation of Arconol, but not for distribution to end use customers in the City; such plans and specifications being subject to the review and approval of the Director of Public Works and Director of City Planning. Pipelineram.OHEeNG-tinaremairinas pg. 1 SECTION 2. That the grant of this franchise is conditioned upon the terms and conditions herein and Grantee's compliance with all applicable federal, state or other regulatory programs that currently exist or may hereafter be enacted by any regulatory agencies with jurisdiction over Grantee. In carrying out any activities authorized under the privileges granted herein, Grantee shall meet accepted industry standards and comply with all laws of any governmental entity or agency with jurisdiction over the pipeline(s) and its operation, including all laws, rules and regulations existing at the effective date of this franchise or that may be subsequently enacted by any governmental entity or agency with urisdiction over Grantee and/or the pipeline (s) and facilities. Grantee shall operate, maintain, inspect and test its pipeline(s) and facilities in full compliance with the applicable provisions of all federal, state and local laws, regulations and standards, as now enacted or hereafter amended, and other future laws or regulations applicable to Grantee's pipeline(s) and facilities, products and business operations. SECTION 3. That each of the following terms, provisions, and conditions is a material part of the franchise and permit granted, and Grantee by acceptance of this tranchise and permit agrees to perform each and every provision and condition: (a) The franchise and permit herein granted shall and does hereby authorize the Grantee to lay, replace, construct, repair, maintain, operate, and remove that certain pipeline routed on and across parcels of land the route of which is shown on the plat and the courses, distances and description in the attached Exhibit "A", incorporated herein for all purposes, upon the approval of the Director of Public Works as to the points at which the pipeline will cross or run along or underneath any street or streets and right-of-way or rights-of-way within the City of Pasadena; the depth of the line(s) along or underneath the streets Pipalinerran.ouoe-c--SinarcemdPlimes pg. 2 shall be at least six (6') feet measured between the top of the line and natural surface of the ground as evidenced by those detailed plan(s) and profile engineering drawings on file with the Planning and Public Works Departments of the City of Pasadena unless the Director of Public Works recommends in writing that at any particular point or points a lesser depth may be permitted; and further provided that if at any particular point or points the said Director of Public Works recommends that a greater depth be required, such recommendation will be complied with by the Grantee, and further provided that the means and manner of construction must meet with the approval of the Director of Public Works and his recommendations, being in accordance with all current, and subsequently adopted police power right-of-way management ordinances and regulations of the City. (b) The Grantee shall be required to submit to the Director of Public Works and to the Director of City Planning, a plan accurately showing the proposed location, course and alignment of the proposed pipeline(s); and a written application, which shall show the time, manner, means and method of the proposed construction, the particular commodity proposed to be transported through the pipeline(s) and the maximum pressure and maximum temperature under which the same may be pumped or otherwise caused or permitted to flow through any and all of the particular portions of the pipeline(s). Said plans shall consist not only of the plan but also of a suitable profile, accurately showing the location of all cutoff valves relative to the location of all streets or alleys across or along which the proposed pipeline shall be laid. Two copies thereof along with two copies of the application shall be presented to the Director of City Planning and two copies thereof and two copies of the application shall be presented to the Director of Public Works. One of the copies of the plan and profile delivered to the Director of Public Works shall be a producible PipelineFran. ONEOK-HGL-6inArconolPline25 pg. 3 negative. No construction shall begin until such plans have been reviewed and approved by the Director of Public Works and Director of City Planning. (c) When found necessary by the City Council or the Director of Public Works, any such lines or other structures shall be lowered, relocated, or removed promptly, and in all cases no later than 180 days from written request to do sO being made by said Director of Public Works. All such modifications shall be at the sole expense of the Grantee. Any additional cost to the City due to any delays in removal or relocation of such lines shall be paid to the City by Grantee. It is the purpose of this subsection that improvements, changes, and alterations in either existing or future streets, street rights-of-way, water lines, sanitary sewer lines, or storm sewers, shall in no way be hampered, delayed or add additional cost to the City by the lines or other structures of the Grantee. (d) Grantee understands and acknowledges that this is a non- exclusive franchise and the limited rights and privileges granted under said franchise shall in no manner prohibit or limit Grantor's power to perform work upon its rights-of-way, public properties or make any necessary changes, relocations, repairs, maintenance, establishment, improvements thereto, or from using any of the rights-of-way and public properties or any part thereof as the Grantor may deem fit from time to time, including the dedication, establishment, maintenance and improvement of all new rights-of- way and other public properties of every type and description. (e) Grantee accepts any privileges granted by Grantor under this franchise agreement, to the franchise area, public rights-of-way and other public property in an "as is" condition. Grantee agrees that City has made no representations, implied or express warranties or guarantees on the suitability, security or safety of Grantee's location of facilities or the facilities themselves in ipelimeran.oHEo-NGi-dl-SinArcmaiPlimas pg. 4 public property or rights-of-way, or possible hazards or dangers arising from other uses of the public rights-of-way or other public property by the City or the general public. Grantee shall remain solely and separately liable for the function, testing, maintenance, repair, and/or replacement of the pipeline(s) or other activities permitted under this franchise. (f) The grantee shall pay to the City of Pasadena an initial franchise fee in the amount of Three Thousand Five Hundred Dollars ($3,500.00) per pipeline approved by this Ordinance and shall thereafter pay to said City subsequent fees thereafter in the amount of One Thousand Five Hundred Dollars ($1,500.00) per such pipeline per year, and all amounts as may subsequently be set by ordinance or otherwise by the City of Pasadena. After payment of the initial fee, all subsequent fees shall be due and payable on December 31st of each subsequent year for the term of the franchise. Advance payment of the franchise fee for more than one (1) year shall not be permitted. (g) By granting this franchise, City assumes no risks or liabilities, all of which shall be solely and separately borne by Grantee. Nothing in this franchise shall be deemed to impose any duty or obligation upon City to determine the adequacy or sufficiency of Grantee's plans and designs or to ascertain whether Grantee's proposed or actual construction, reconstruction, testing, maintenance, repairs, replacement or removal is adequate or sufficient or in conformance with the plans and specifications provided to City for review. Grantee agrees and covenants, at its sole cost and expense, to protect, support and keep safe from harm its pipeline (s) and/or facilities, or any part thereof, to protect the public health and safety and to be solely and completely responsible for workplace safety and safe working practices on its job sites within the franchise area, including the safety of all persons and property. Pipalimeran.OiEo-cdl-SinAreoipimas pg. 5 (h) IN CONSIDERATION OF THE GRANTING OF THIS NON-EXCLUSIVE FRANCHISE, GRANTEE HEREBY AGREES THAT CITY SHALL NOT BE LIABLE OR RESPONSIBLE FOR, AND DOES HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, CLAIMS, JUDGMENTS, FINES, PENALTIES, COSTS AND EXPENSES FOR INJURY TO ANY PERSON OR PERSONS, OR DAMAGES TO ANY PROPERTY BROUGHT OR MADE FOR OR ON ACCOUNT OF ANY DEATH, INJURIES TO OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR FOR DAMAGE TO OR LOSS OF PROPERTY ARISING OUT OF OR OCCASIONED BY, WHETHER DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, OPERATION OR MAINTENANCE OF SAID PIPELINE (S) . GRANEE SHALL ADDITIONALLY INDEMNIFY, DEFEND AND HOLD HARMLESS GRANTOR, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY, INCLUDING COSTS AND ATTORNEYS AND EXPERTS' FEES INCURRED BY CITY IN DEFENSE OF, ARISING DIRECTLY OR INDIRECTLY FROM GRANTEE'S S VIOLATION OF ANY ENVIRONMENTAL LAWS APPLICABLE TO THE PIPELINE OR FROM ANY RELEASE OF A HAZARDOUS SUBSTANCE ON OR FROM THE PIPELINE AND/OR FRANCHISE AREA OR FROM ANY OTHER ACTIVITY BY GRANTEE, ITS OFFICERS, AGENTS OR EMPLOYEES RELATED TO THIS FRANCHISE AND THE LIABILITY RESULTING THEREFROM. SAID INDEMNITY IS TO INCLUDE BUT IS NOT LIMITED TO LIABILITY FOR ALL COSTS OF REMOVAL AND REMEDIATION OF HAZARDOUS SUBSTANCES AND ALL DAMAGES TO NATURAL RESOURCES CAUSED BY ANY ENVIRONMENTAL CONTAMINATION, AS DETERMINED BY CITY IN ITS SOLE DISCRETION, INCLUDING THE COSTS OF DIRECT AND INDIRECT DAMAGES, LIABILITY FOR ANY OTHER COSTS OF RESPONDING TO AND MITIGATING THE HAZARDOUS SUBSTANCES, LIABILITY FOR ANY COSTS OF INVESTIGATION, ABATEMENT, CORRECTION, CLEAN UP, FINES, PENALTIES OR OTHER DAMAGES ARISING UNDER ANY ENVIRONMENTAL LAWS, AND LIABILITY FOR ANY AND ALL BODILY OR PERSONAL INJURY, PROPERTY DAMAGE OR ECONOMIC LOSS ARISING UNDER ANY STATUTORY OR COMMON-LAW THEORY. GRANTEE SHALL, IF ANY ACTION Pipelmerran.ior-dinAtcemalplimes pg. 6 OR PROCEEDING IS BROUGHT AGAINST CITY RELATED TO THE PIPELINE OR THE APPURTENANT FACILITIES, DEFEND CITY AT GRANTEE' S SOLE COST AND EXPENSE. (1) THE FRANCHISE AGREEMENT SHALL CONSTITUTE A NET LEASE AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IT IS INTENDED THAT THE FRANCHISE PAYMENT AND ALL OTHER AMOUNTS DUE AND PAYABLE UNDER THE FRANCHISE SHALL BE PAID WITHOUT COUNTERCLAIM, SETOFF, DEDUCTION OR DEFENSE OF ANY KIND AND WITHOUT ABATEMENT, SUSPENSION, DEFERMENT, DIMINUTION OR REDUCTION OF ANY KIND, AND THE GRANTEE'S S OBLIGATION TO PAY ALL SUCH AMOUNTS THROUGHOUT THE FRANCHISE TERM IS ABSOLUTE AND UNCONDIPIONAL. (2) ANY ENVIRONMENTAL LIABILITY ACCRUING FROM GRANTEE'S USE OF ITS PIPELINE SHALL BE EXCLUSIVELY BORNE BY THE GRANTEE AS THOUGH IT WERE THE OWNER OF THE PREMISES WHEREIN ALL ENVIRONMENTAL LIABILITY HAS OCCURRED AND RESULTED. (3) GRANTEE SHALL PROVIDE AND MAINTAIN GENERAL AND ENVIRONMENTAL LIABILITY INSURANCE COVERAGES APPLICABLE TO THIS FRANCHISE, AND FOR THE TERM OF THE FRANCHISE, NAME THE CITY OF PASADENA AS AN ADDITIONAL INSURED. SUCH COVERAGES SHALL AT ALL TIMES PROVIDE NO LESS THAN TWO MILLION DOLLARS $2,000,000.00) IN COMMERCIAL GENERAL LIABILITY COVERAGE PER OCCURRENCE AND FIVE MILLION DOLLARS ($5,000,000.00) IN ENVIRONMENTAL/POLLUTION LIABILITY COVERAGE, COVERING LIABILITY FROM SUDDEN AND ACCIDENTAL OCCURRENCES AS WELL AS UNDISCLOSED ENVIRONMENTAL HAZARDS. GRANTEE FURTHER RELEASES, ACQUITS, AND FOREVER DISCHARGES THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS OR CAUSES OF ACTION OF WHATSOEVER CHARACTER OR NATURE ARISING FROM OR BY REASON OF ANY AND ALL BODILY OR PERSONAL INJURIES, INCLUDING DEATH AND MENTAL ANGUISH, DAMAGE TO PROPERTY Pipalmerran.ioe-dinArcomaPlines pg. 7 AND THE CONSEQUENCES THEREOF, WHICH MAY BE SUSTAINED BY THE GRANEE, HIS OFFICERS, EMPLOYEES OR AGENTS AND WHICH ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS OR EMPLOYEES. GRANTEE SHALL KEEP AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL COSTS, LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND HOWSOEVER CAUSED, CLAIMED OR RECOVERED BY ANYONE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES ARISING FROM OR IN CONNECTION WITH GRANTEE'S FRANCHISE HEREUNDER. IT IS THE EXPRESSED INTENTION OF BOTH CITY AND THE GRANEE THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS INDEMNITY BY THE GRANTEE TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS OR EMPLOYEES WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE. FOR PURPOSES OF THIS INDEMNIFIFICATION PROVISION, ACTS AND/OR OMISSIONS OF THE GRANEE S AGENTS AND EMPLOYEES SHALL BE CONSIDERED THE ACTS AND OMISSIONS OF THE GRANTEE. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION, EXPIRATION OR CANCELLATION OF THIS AGREEMENT. (i) Grantee shall refill and repair with its own contractor or employees all excavations made by it within the cight-of-way of any street or alley in the laying, replacing, constructing, repairing, maintaining, operating, and removing of such pipeline(s) or any part thereof; and if after once refilling such excavation the earth within such excavated area settles sO as to leave a depression, the Grantee shall make further necessary fills from time to time as ordered by the Director of Public Works or by the City Council. Grantee will repair all portions of any street or alley along which its lines are laid and place the same in as good a state of repair and condition as they were in at the time PipelineFran. ONEOK-NGL-6inArconolPline25 pg. 8 of construction, or when repair or removal was commenced, such repairs to be to the satisfaction of the City Council. (j) All such work of repairing or refilling shall be done under plans and specifications approved by the Director of Public Works and subject to his approval of the completed work; and any excavation along any such street or alley shall be replaced with materials of the same kind as those removed unless the Director of Public Works approves of some other type of fill or material. All roadway crossings shall be bored. Any excavations within the right of way shall be back filled and compacted in 12" lifts to 958 Proctor density. Grantee shall notify the Director of Public Works before commencing at any time an excavation in any portion of any street or alley and shall not wholly Close any street or alley but shall at all times maintain a route of travel along and within such roadway area which shall include any sidewalk area, except that in cases of emergency the Director of Public Works, the Mayor, or the City Council may authorize a temporary closing of any street, alley, or sidewalk in order to take care of any break or leakage in the pipeline if in the opinion of the Director of Public Works, the Mayor, or the City Council, such closing is necessary to protect the safety of the public. (k) If the Grantee fails to commence or thereafter to diligently prosecute any such repair, refilling or other work so required to be done by it within a reasonable time after being notified by the Director of Public Works, City may cause such work to be done at the expense of the Grantee and may recover all such expenses from Grantee, together with all costs and reasonable attorneys' fees. (1) The Grantee shall provide the necessary automatic pressure release (cutoff) valves which prevent the flow of the commodity in either direction if there should be any break or rupture within the right-of-way limits of any street or public property. Such valves must meet with the approval of the Director of Public Works. PipelineFran. ONEOK-NGL-GinArconolPline25 pg. 9 (m) Grantee shall comply with all requirements of state and federal law governing pipelines transporting hazardous materials including, but not limited to federal regulations concerning inspections, investigations and record keeping. More specifically, Grantee agrees that: (1) Officers, employees, or agents authorized by the Associate Administrator for Pipeline Safety, Pipeline and Hazardous Materials Safety Administration (PHMSA), upon presenting appropriate credentials, are authorized to enter upon, inspect, and examine, at reasonable times and in a reasonable manner, the records and properties of persons to the extent such records and properties are relevant to determining the compliance of such persons with the requirements of federal statute 49 U.S.C. 60101 et seg., or regulations or orders issued thereunder. (2) Inspections are ordinarily conducted pursuant to one of the following: (a) Routine scheduling by the Regional Director of the Region in which the facility is located; (b) A complaint received from a member of the public; (c) Information obtained from a previous inspection; (d) Report from a State Agency participating in the Federal Program under 49 U.S.C. 60105; (e) Pipeline accident or incident; or (f) Whenever deemed appropriate by the Administrator, PHMSA or his designee. (3) If, after an inspection, the Associate Administrator of the federal Office of Pipeline Safety (OPS) believes that Eurther information is needed to determine appropriate action, the Associate Administrator, OPS may send the owner or operator a "Request for Specific Information" to be answered within 45 days after receipt of the letter. Pipelmeram.Hoecdl-SinArondPlinas Pg. 10 (4) To the extent necessary to carry out the responsibilities under 49 U.S.C. 60101 et seg. the Administrator, PHMSA or the Associate Administrator, OPS may require testing of portions of pipeline facilities that have been involved in, or affected by, an accident. However, before exercising this authority, the Administrator, PHMSA or the Associate Administrator, OPS shall make every effort to negotiate a mutually acceptable plan with the owner of those facilities and, where appropriate, the National Transportation Safety Board for performing the testing. (5) If a representative of the DOT investigates an incident involving a pipeline facility, OPS may request that the operator make available to the representative all records and information that pertain to the incident in any way, including integrity management plans and test results, and that the operator afford all reasonable assistance in the investigation. (6) When the information obtained from an inspection or from other appropriate sources indicates that further OPS action is warranted, the OPS may issue a warning letter under $190.205 or initiate one or more of the enforcement proceedings prescribed in $$190.207 through 190.235 of the Code of Federal Regulations. Furthermore, Grantee agrees that Grantee shall maintain the following records for transmission lines for the periods specified: (a) The date, location, and description of each repair made to pipe (including pipe-to-pipe connections) must be retained for as long as the pipe remains in service. (b) The date, location, and description of each repair made to parts of the pipeline system other than pipe must be retained for at least 5 years. However, repairs generated by patrols, surveys, inspections, or tests required by subparts L and M of Title 49, part 192 Code Pipelimeran.OHEO-Gidl-SimArcomoiPimas pg. 11 of Federal Regulations must be retained in accordance with paragraph (3) of this section. (c) A record of each patrol, survey, inspection, and test required by subparts L and M of Title 49, part 192 Code of Federal Regulations must be retained for at least 5 years or until the next patrol, survey, inspection, or test is completed, whichever is longer. (7) If federal or state regulators perform an investigation, Grantee shall share the results with the City within sixty (60) days. (n) Grantee shall have in place, at all times during the term of this franchise, a system for remotely monitoring pressures and flows across the franchise area. The remote monitoring must be able to accurately detect pipeline ruptures. In the event of any leak, spill or rupture, Grantee shall notify Grantor within one (1) business day of its observation or detection of any uncontained leak, spill or rupture from its pipeline (s) and/or facilities and be solely responsible for all necessary costs incurred by Grantor in responding to any rupture, spill or leak from Grantee's pipeline(s) and/or facilities, including but not limited to detection and removal of any contaminants from air, earth or water, and all remediation costs. In the event of any leak, spill or rupture from Grantee's pipeline(s) and/or facilities affecting the tranchise area, where the cause is not reasonably apparent and where federal or state regulators do not investigate, City may demand the occurrence be investigated by an independent pipeline consultant selected by City. Grantee shall be solely responsible for all costs and expenses associated with investigating the occurrence and reporting the findings. Grantee shall meet and confer with the independent consultant following the consultant's investigation to address whether any modifications or additions to Grantee's pipeline (s) and/or facilities may be warranted. If the Pipalimeran.OMo-c-dl-sinarconairimas pg. 12 consultant recommends Grantee make modifications or additions, Grantee covenants to consider said recommendations in good faith, and if declining to following the recommendations, Grantee shall provide to City a written report explaining its reasoning for not Eollowing said recommendations. Any dispute between City and Grantee regarding implementing recommendations from the Consultant shall be brought before a mediator, selected upon mutual agreement of the Parties, if unable to be resolved by the Parties through mutual consideration, discussion and negotiation. If unable to reach a resolution of the dispute through mediation, either Party may then proceed to any available judicial remedies. SECTION 4. That the limited right, privilege, permission, and non-exclusive franchise hereby granted is subject to the existing Charter and ordinances of the City of Pasadena and such future charters and ordinances which may be hereafter passed, and the right is expressly reserved by the City of Pasadena to amend or otherwise change this ordinance when deemed advisable. The term of this franchise and permit shall be for a period of twenty (20) years from the date of passage of this ordinance, however, the City Council of the City of Pasadena or other governing body reserves the right at all times to change the terms of this ordinance, and if public necessity and convenience should require the removal of these lines, then, in that event, the City Council of the City of Pasadena reserves the absolute right to terminate the rights granted herein. Provided, however, such termination shall be by ordinance and shall not become effective until the Grantee has been given sixty (60) days' written notice by registered mail, addressed as follows: ONEOK NGL Distribution System, LLC Attn: Dustin Weaver Field ROW Leader 100 W. Fifth Street, Tulsa, OK 74103 Ph: 817-925-4333 Pipelimeran.Ho-cdl-sinarenaPines pg. 13 SECTION 5. No transfer of this franchise and permit shall be effective unless it be in writing, in duplicate, signed by the Transferor and by the Transferee, filed with the City Secretary, and the transferee pays a tranchise transfer fee of One Thousand Dollars ($1,000.00) per pipeline to the City of Pasadena. The fees for subsequent years shall be payable by the transferee under the same conditions as they had been for the transferor. After consideration of said transfer and the recommendation of the Director of Public Works, the City Council may consider approval by ordinance of the application for transfer. Before any such transfer or attempted transfer shall be valid and have any force or effect it must be approved by City Council. If not approved by the City Council, the transfer or attempted transfer shall be null and void. SECTION 6. The Grantee shall file its written acceptance, attached as Exhibit "B", of this franchise and permit with the City Secretary of the City of Pasadena within thirty (30) days from the date of passage hereof, and shall be bound by all of the terms and conditions herein. The tranchise and permit granted shall commence and inure to the benefit of the Grantee, effective immediately, with the filing of such written acceptance by Grantee. The Grantee shall not commence any work or construction of any type within the right-of-way limits of any street or public property until the final passage and acceptance of this franchise and permit and approval of its completed application and permit by the Director of Public Works. The City Secretary shall give written notice to the Director of Public Works and to the Legal Department upon the final acceptance of this franchise and permit by the Grantee; further provided that like notice be given upon Grantee's failure to accept. SECTION 7. That ONEOK NGL Distribution System, LLC, understands and agrees that the permit fee specified under this Ordinance is Pipelmeran.Hp-Gdl-sinarconaPinas pg. 14 subject to adjustment by the City of Pasadena to conform to a fee which applies generally to pipeline (s) in the City, as specified in a blanket ordinance which is enacted by the City of Pasadena in the future, provided that if ONEOK NGL Distribution, LLC, its successors and assigns, is not making sales from the pipeline in the City, the fee shall not exceed an amount calculated to compensate the City for its reasonable cost associated with such pipeline in the City. SECTION 8. Grantee shall at all times by separate instrument keep the City apprised of valid and functioning emergency and non- emergency address and telephone number(s) by which the City may contact the Grantee when necessary. Such contact information shall be kept current and updated by Grantee in writing sent to the following: 1) City Controller P. 0. Box 672 Pasadena, Texas 77501 2) Director of Public Works P. 0. Box 672 Pasadena, Texas 77501 3) Fire Chief P. O. Box 672 Pasadena, Texas 77501 (713) 475-5554 Such notice shall be made within a reasonable time after the pipeline transfer, company name change, or other event causing such change but, in no event shall notification to City be more than thirty (30) days after the event causing the change has occurred. Failure to timely apprise City as required by this section shall result, upon approval by the City Council of the City of Pasadena, Texas, in a penalty of $100 per day for every day the notification is past thirty (30) days after the event causing the change has occurred. Pipelimeran.OiEoe-Gl-vdl-SinArcmaiPlimas pg. 15 SECTION 9. Grantee acknowledges that failure to pay any fees required by this franchise agreement within thirty (30) days of when due and payable shall result in the possible revocation of this franchise agreement. In addition, Grantee agrees that failure to pay any fee amount within thirty (30) days of when due and payable shall require Grantee to pay, in addition to such fee, an amount equal to ten (10) percent of such fee per month until paid, plus all costs of collection including reasonable attorney's fees. Grantee further acknowledges and agrees that City possesses the jurisdictional and legal authority to issue this franchise to Grantee. SECTION 10. That pursuant to the requirements of House Bill 1295, 84th Legislative Session, this contract is contingent upon the business entity's completion of the required Form 1295, Certificate of Interested Parties, if applicable. SECTION 11. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof. (SIGNATURE AND APPROVAL - NEXT PAGE) pelimeran.OEOKeNGl-SimarcomiPlimas pg. 16 PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the day of A.D., 2025. APPROVED this the day of A.D., 2025. JEFF WAGNER, MAYOR OF THE CITY OF PASADENA, TEXAS ATTEST: APPROVED: AMANDA E. MUELLER JAY W. DALE CITY SECRETARY CITY ATTORNEY CITY OF PASADENA, TEXAS CITY OF PASADENA, TEXAS PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the day of A.D., 2025. APPROVED this the day of A.D., 2025. JEFF WAGNER, MAYOR OF THE CITY OF PASADENA, TEXAS ATTEST: APPROVED: AMANDA F. MUELLER JAY W. DALE CITY SECRETARY CITY ATTORNEY CITY OF PASADENA, TEXAS CITY OF PASADENA, TEXAS PipelineFran. ONEOK-NGL-6inArconolPline25 pg. 17 ORDINANCE NO. TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PASADENA: The Company for itself, its successors and assigns, hereby accepts the attached ordinance and agrees to be bound by all of its terms and provisions. ONEOK NGL DISTRIBUTION SYSTEM, LLC. ATTEST: BY: Secretary President Dated the day of A.D., 2025. THE STATE OF COUNTY OF This instrument was acknowledged before me on 2025, by the of a corporation, on behalf of said corporation. NOTARY PUBLIC IN AND FOR THE STATE OF My Commission expires: Printed Name: THE STATE OF TEXAS COUNTY OF HARRIS I, AMANDA F. MUELLER, the duly appointed, qualified acting City Secretary of the City of Pasadena, Texas, hereby certify that the above and foregoing Acceptance was received and filed in the office of the City Secretary of the City of Pasadena on the day of 2025. Executed under my hand and the official seal of the City of Pasadena, Texas, at said City, this day of A.D., 2024. AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS ipelimeran.iEo-G-Ndl-sinArcodiPines pg. 18 EXHIBIT "B" ES 9 MAYOR JEFF WAGNER Engineering Department May 20th, 2025 Ms. Amanda Mueller City Sccretary City of Pasadena Pasadena, TX 77502 RE: Request for a Pipelinc Franchise Renewal/New Pipclinc Franchise Agreement due to the Pipeline Expiration/ ONEOK NGL Distribution System, LLC. Pipcline for an cxisting One (1) 6-inch Arconol Pipeline (ORD: 20-067) Dear Ms. Mueller: This letter is for the purpose of mecting the requirements of Section 27-41 of the Code of Ordinances of the City of Pasadena, which staies as follows: Sec. 27-41. Recommendation of dircetors of public works and planning as to granting or denying. The director of public works and the director of planning shall report t0 the city council upon their examination of an application and plans filed pursuant 10 this division (including such changes in the plans as the applicant may have made upon their suggestion) with their recommendations as to the granling or denying of the application. They shall, in their report and rccommendation, state whether the depth or depths at which the pipeline is proposed to be laid through undeveloped or unplatted areas is, to the extent cconomically feasible, consistent with the probable future development of such areas and with the probable location of and opening of future streets and the probable laying of water, sanitary sewer and storm sewer lines incident to such probable future development. Therefore, pursuant to such ordinance, as the Public Works Director for the City of Pasadena, Taxas, I am hereby reporting upon my examination of the application and site plan filed pursuant to the ordinances of the City of Pasadena in regard to the application for a pipeline franchise renewal by Ross Bennett on bchalf of ONEOK NGL Distribution System, LLC (Ord 20-067) for an existing 6" inch Arconol Pipeline that crosses the public righ! of way within City Limits or ETJ. It is my recommendation that the pipcline franchise renewal requested be granted as a New Pipeline by the Pasadena City Council. Please let me know ifyou have any questions. Sincerely, Kohns AHunA. Robin S. Green, Jr., PE Public Works Director RG: MT Cc: Ross Bennett City of Pasadena, Texas P.O. Box 672 Pasadena, TX 77501 713-477-1511 wwwpasadenatx.gow EST. 89, MAYOR JEFF WAGNER Planning Department May 21, 2025 City Secretary City of Pasadena Pasadena, TX 77506 RE: ONEOK NGL Distribution System, LLC request a Pipeline Franchise Renewal/New Pipeline Franchise Agreement for an existing one (1) 6" Inch Arconol Pipeline (Ordinance 2020-067) Dear City Secretary: This letter is for the purpose of meeting the requirements of Section 27-41 of the Code of Ordinances of the City of Pasadena, which states the following: Sec. 27-41. Recommendation of Directors of Public Works and Planning as to granting or denying. The Director of Public Works and the Director of Planning shall report to the city council upon their examination of an application and plans filed pursuant to this division (including such changes in the plans as the applicant may have made upon their suggestion) with their recommendations as to the granting or denying of the application. They shall, in their report and recommendation, state whether the depth or depths at which the pipeline is proposed to be laid through undeveloped or unplatted areas is, to the extent economically feasible, consistent with the probable future development of such areas and with the probable location of and opening of future streets and the probable laying of water, sanitary sewer and storm sewer lines incident to such probable future development. Therefore, pursuant to such ordinance, as Planning Director of the City of Pasadena, Texas, I hereby report that upon my examination of the application filed pursuant to the ordinances of the City of Pasadena in regard to the application for a pipeline franchise renewal request from Ross Bennett on behalf of ONEOK NGL Distribution System, LLC (Ordinance 2020-067) for an existing 6" arconol pipeline that crosses public rights of way within the City limits or ETJ, I recommend that the pipeline franchise renewal be granted by the Pasadena City Council. Please let me know if you have any questions. Sincerely, Molisaldmez Melissa Tamez Planning Director Cc: Jay Dale City of Pasadena, Texas PO. Box 672 Pasadena, TX 77501 713-477-1511 wwwpasadenatexasnet Controller's Office Interoffice Memorandum TO: Legal Department DATE: November 26, 2024 CC: Robin Green Director of Public Works CC: Melissa Tamez - Director of Planning FROM: Shannon Lowery SUBJECT: Pipeline Franchise Renewal Request Ord. 2020-067 ONEOK Please find attached a copy of a request letter to renew Ordinance 2020-067 for (1) 6" pipeline. Also received, check 500000 in the amount of $3500 to pay for the renewal fee. Please proceed in your usual manner. MAGUMAL Roug Shannon Lowery Controller's Office Page 1 of 1 ONEOK October 28, 2024 Shannon Lowery Office of the City Controller City of Pasadena, TX 1149 Ellsworth Drive, Suite 301 Pasadena, TX 77506 Re: Pipeline Franchise Renewal payment of $3,500 Dear Shannon Lowery, In response to your letter dated 10/24/2024, am submitting a check for $3,500 fort the renewal of the Pipeline franchise fee for Ordinance 2020-067 for (1) 6: pipeline. Dustin Weaver, with Refined Land Services will be processing the other information needed to complete this renewal transaction. Thank you for working through this process with me. Please give me a call if you have any future questions or concerns. Sincerely, Qelai Sustz Delaine Kurth Director, Real Estate Services ORDINANCE S UM M A R Y D Requested By Erwin Burden Date September 18, 2002 Public Works Dept. Prepared By Lee Clark, City Attorney Date September 18, 2002 Legal Department Submitted To John Manlove Date September 18, 2002 Mayor Amount $ REMARKS AN ORDINANCE AUTHORIZING AND APPROVING THE TRANSFER FROM ARCO PIPE LINE COMPANY TO ARCO MIDCON LLC OF PIPELINE FRANCHISE GRANTED BY ORDINANCE NO. 71-53; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR SEVERABILITY. Approved: Ordinance No. 2002- 229 - Ar COUNCIL ACTION: Requesting Party First Reading, Final Reading LEECCAPK City Attorney Motion: Douglob Motion: - pudass Second: Phbert Second: ckbell GohmMenbe Magor Date: 1D-102 Date: 107.2 Deferred: PlineTrans.ARC002 ORDINANCE NO. 2002-229 AN ORDINANCE AUTHORIZING AND APPROVING THE TRANSFER FROM ARCO PIPE LINE COMPANY TO ARCO MIDCON LLC OF PIPELINE FRANCHISE GRANTED BY ORDINANCE NO. 71-53; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR SEVERABIDITY. WHEREAS, ARCO Pipe Line Company has requested approval of a transfer of the franchise agreement granted under Ordinance No. 71-53 to ARCO Midcon LLC; and WHEREAS, the Director of Public Works has recommended such transfer and requested this ordinance; and WHEREAS, Section 4 of the franchise agreement approved by Ordinance 71-53 provides that no transfer thereof shall be valid unless approved by the Pasadena City Council; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That pursuant to Section 4 of the franchise agreement approved by Ordinance 71-53 granted to ARCO Pipe Line Company, a copy of which is attached hereto as Exhibit "1" and incorporated herein by reference, the City Council of the City of Pasadena, Texas hereby authorizes and approves the transfer by ARCO Pipe Line Company of a franchise agreement granted under said Ordinance No. 71-53 to ARCO Midcon LLC. SECTION 2. That the approval of this transfer is contingent upon the payment of the $500.00 transfer fee required by Chapter 27 of the Code of Ordinances of the City of Pasadena. SECTION 3. That ARCO Midcon LLC shall file its written acceptance of this franchise agreement, a facsimile of which is attached hereto as Exhibit "2", with the City Secretary of the City of PincTrans.ARCO02 Pasadena within thirty (30) days from the date of passage hereof, and shall thereupon be bound by all of the terms and conditions of franchise agreement under Ordinance No. 71-53. The City Secretary shall give written notice to the Director of Public Works and to the Legal Department upon acceptance of said franchise agreement by ARCO Midcon LLC provided further that like notice be given upon ARCO Midcon LLC failure to accept within the time period heretofore identified. SECTION 4. That all rights and remedies which have accrued in favor of the City under said Ordinance No. 71-53 shall be and are preserved for the benefit of the City. SECTION 5. That the City Council of the City of Pasadena, Texas, does hereby declare that if any section, subsection, paragraph, sentence, clause, phrase, word or portion of this Ordinance is declared invalid, or unconstitutional by a court of competent jurisdiction that in such event it would have passed and ordained any and all remaining portions of this Ordinance without the inclusion of that portion or portions which may be so found to be unconstitutional or invalid, and declares that its intent is to make no portion of this Ordinance dependent upon the validity of any other portion thereot, and that all said remaining portions shall continue in full force and effect. SECTION 6. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by PineTrans.ARCO02 law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council Eurther confirms such written notice and the contents and posting thereof. (SIGNATURE AND APPROVAL NEXT PAGE) PlineTrans.ARC002 PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas regular meeting in the City Hall this the 6 day of 2002. Ddober $ APPROVED this the day of A.D., 2002. Odiber himmine JOHN MANLOVE, MAYOR OF THE CITY OF PASADENA, TEXAS ATTEST - - APPROVEI ADre 764 LNNE T Sungnar SUMMERS LEE ÇLARK CITY SECRETARY CITT'ATTORNEY CITY OF PASADENA, TEXAS CITY OF PASADENA, TEXAS PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas meeting in the City Hall this the day of A.D., 2002. Der APPROVED this the day of Ocober A.D., 2002. Pamiore TOHM MANLOVE, MAYOR OF THE CITY-OF PASADENA, TEXAS ATTEST: AFPROVEDE 5nni Summae LYNNE SUMMERS LIE SLARK CITY SECRETARY CITY ATTORNEY CITY OF PASADENA, TEXAS CITY OF PASADENA, TEXAS PlineTrans.ARC002 ORDINANCE SUMMARY No... Requested by. LEGAL DEPARTMENT Date 2/25/71 Prepared by. THEODORE. S ABBQTT. Date. 2/25/71 Legal Department Submitted to. CLYDE DOYAL Date. 2/25/71 Mayor Amount $. M M A R K S AN ORDINANCE GRANTING TO TEXAS EASTERN TRANSMISSION CORPORATION THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY, MAINTAIN, OPERATE & REMOVE A PIPELINE ALONG AND ADJACENT TO THE PASADENA FREEWAY (STATE HIGHWAY 225), FROM SINCLAIR REFINERY TO SHELL REFINERY, ALL IN THE CORPORATE LIMITS OF THE CITY OF PASADENA, TEXAS, AND IN ACCORDANCE WITH PLANS AND SPECIFICATIONS HERETOFORE FILED WITH THE BUILDING OFFICIAL, FOR THE FIFTY YEAR TERM HEREIN PRO- VIDED; PRESCRIBING THE TERMS AND CONDITIONS UNDER WIIICH SAID RIGHT, PRIVILEGE AND FRANCHISE IS GRANTED; AND PROVIDING FOR THE ACCEPTANCE THEREOF. Amendid Bgi 88209 7153 Approved: Skll erian Party Requesting AR Ciy Controller hihlis GA - City Attorney Mayor Council Action:. Referred To Committes fbhagn Passed 4fksz.t 2edha 413-7/ EXHIBIT "1" 2040 167 TSA:caw 2/25/71 L.'D. FILE NO. 805 ORDINANCE NO. 71- 53 AN ORDINANCE GRANTING TO TEXAS EASTERN TRANSMISSION CORPORATION TUE RIGHT, PRIVILEGE AND FRANCHISE TO LAY, MAINTAIN, OPERATE AND REMOVE A PIPELINE ALONG AND ADJAÇENT TO THE PASADENA FREEWAY (STATE HLGHWAY 225), FROM SINCLAIR REFTNERY TO SHELI. REPINERY, ALL IN THE CORPORATE LIMITS OF THE CITY OF PASADENA, TEXAS, AND IN ACCORDANCE WITH PIANS AND SPKCIFICATIONS HERETOFORE FILED WITH THE BUILDING OFFICIAL, FOR TBE FIFTY YEAR TERM KEREIN PROVIDED; PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH SAID RIGHT, PRIVILEGE AND FRANCHISE IS GRANTED; AND PROVIDING FOR THE ACCEPTANCE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF 'THE CITY OF PASADENA: SECTION L. The City Council of the City of Pasadena, Texas, heroin- after referred to as "City", does hereby, subject to all of the pro- visions hereof, grant to Texas Eastern Transmission Corporation, Houston, Texas, hereinafter referred to as "Grantee", for a term of fifty (50) years from the date of this ordinance, and subject to the terms and conditions hereof, the right, privilege and franchise to lay, maintain, operale and remove a 6-inch pipeline wholly within the city limit ts of the City of Pasadena and generally paralleling the Pasadena Freeway (State Highway 225), from the Sinclair Refinery to the Shell Refinery. Said pipeline to be constructed in accordance with plans and specific- ations heretofore filed with the Director of Public Works and Director of City Planning, which said pipeline shall be a trunkline for the transportation of any comnodity which C an be transported by pipeline in accordance with said plans heretofore identified. SECTION 2. Each of the following terms, provisions and conditions is a material part of the franchise herein granted, and Grantee by its acceptance of this franchise agrees to perform each anà every provision and condition: (a) The Franchise herein granted shall and does hereby authorize the Grantee to run a 6-inch pipeline across and along or underneath Pasadena Freeway (State Highway 225), from Sinclair Refinery to Shell Refinery, but only upon the approval of the Director of Public works as to the points at which the pipeline will cross or run along or underneath any street or streets and right of way or rights of way within the City of Pasadena; the depth of thc line underneath the strect shall be at least six (6) feet mea sured betwcen the top of the line and the natural surface of the ground, unless the Director of Public Works recommends in writing that at any particular point or points a lesser depth may be per- miEted; and further provided that if at any particular point or poirts the said Director of Public Works recommends that a greater dopth be required, such recommendation will be complied with by the Grantee, and further provided that the means and manner of construction must meet with the approval of the Director of Public Works and his recommendations. (b) The Grantee shall be required to submit to the Director of Public Works and to the Director of City Planning, a plan accurately showing the proposed location, course and alignment of the proposed pipeline, accompanied by a written application, which application shall show the time, manner, means and sethod of. the proposed construc- tion, the particular commodity proposed to be transported through this trunkline and the maximum pressure and maximum temperature under which the same may be pumped or otherwise caused or permitted to flow through any and all of the particular portions of the pipoline. Said plans shall consist not only of the plan but also of a suitable profile, accurately showing the location of all streets or alleys across or along which the proposed trunkline shall be laid. Two copies there- of along with two copies of the application shall be presented to the Director of City Planning and two copies thereof and two copies of the application shall be presented to the Director of Public works. One of the copies of the plan and profile delivered to the Director of Public Works shall be a producible negative. (c) When found necessary by the City Council or the Director of Public Works, any such line or other structures shall be lowered, relocated, or removed upon written request by said Director at the sole expense of the Grantee. It is the purpose of this subsection that improvements, changes and alterations in either existing or future streets, street right of way, water, sanitary sewer, or storm sewers, shall in no way be hampered by the line or other structures of the Grantee. 2 (d) The Grantee shall pay to the City of Pasadena an initial Franchise fee in the amount of One Hundred Dollars ($100.00) and shall thereafter pay to said City an annual fee in the amount of Twenty-Five Dollars ($25.00) per year, payable annually in advance, on or before the anniversary date of the final passage of the ord- inance granting this franchise; provided that the Grantee may at its election and option pay in advance at the time the initial fran- chise fee is paid the aggregate amount of the $25.00 annual fees tO be thereafter payable for the full term covered hereby and if such advance payment is made of such annual. fees, no Eurther annual fecs shall be payable during the life and term of this Eranchise. (e) In addition to the payment provided in the foregoing Section 2 (c), Grantee shall pay to the City of Pasadena Ten Dollars ($10.00) upon the granting by the Director of Public Works of any specific permit for the crossing of and/or running along Pasadena Freeway (State Highway 225), and any other street or alley by this particular line as hereinabove provided for. (f) Grantce shall save the City harmless from and against all liability for injury or damage to any person or persons or property caused by the construction, maintenance, operation, repair or removal of any part or all of such pipeline within the right of way of any street or alley of the City. Grantee shall pay to the City all damages caused to the City or any of its agencies by the construction, mai in- tenance, operation, repair or removal of such pipeline or any part thereoi. (g) Grantee shall refill (including the repaving of any cut in any pavement) all excavations made by it within the right of way of any street or alley in the constructing, operating, maintaining, or re- moving of such pipeline or any part thereof; and if after once refilling such excavation the earth within such excavated area settles so as to leave a depression, the Grantee shall make further necessary fills from Lime to Lime as ordered by Lhe CiLy's Direclor of Public Works or by the City Council. Grantee will repair all portions of any street or alley across or along which its said linc is laid and the same in as good a state of repair and condition as they were at the time of construction, repair or removal was commenced, such repairs to be to the satisfaction of the City Council. (h) All such work of repairing or refilling shall be done under plans and specifications approved by the Director of Public Works and subject to his approval of the completed work; and any excavation in or along any such street or alley shall be replaced with materials of the same kind as those removed unless the City's such Director approves of some other type of fill or material. Grantee shall notify the City's Dir- ector of Public Works before commencing at any time an excavation in any portion of any street or alley and shall not wholly close any street or alley but shall at all times maintain a route of travel along and within such roadway area which shall include any sidewalk area, except that in cases of emergency the City's such Director, the Mayor, or the City Council may authorize a temporary closing of any street, alley, or sidewalk in order to take care of any break or leakage in the pipeline if in the opinion of the City's such Director, the Mayor or the City Council such closing is necessary to protect the safety of the public. (i) IE the Grantee fails to commence or thereafter to diligently prosecute any such repair, refilling or other work so required to be done by it within a reasonable time after being notified thereof by the City's Director of Public Works, the Ciry may cause such work to be done at the exponse of the Grantee and may recover all such expenses from the Grantee, together with all costs and reasonable attorneys' fecs. (j) The Grantee shall provide the necessary automatic pressure release (cutoff) valves which prevent the flow of the commodity, in either direction if there should be any break or rupture within the right of way limits of any street or public property; such valves must meet with the approval of the Director of Public Works. SECTION 3. That the right, privilege and permission hereby granted is granted subject to the existing charter and ordinances of the City of Pasadena and such future charters and ordinances which may be here- after passed, and the right is expressly reserved by the City of Pasadena to amend or otherwise change this ordinance when deemed advisable. The City Council of the City of Pasadena or other governing body reserves the right at all times to change the terms of this ordinance, and if public necessity and convenience should require the removal of these lines, then, in that event, the City Council of the City of Pasadena reserves the absolute right to terminate tho rights granted herein. Provided, however, such termination shall be by the ordinance and shall not become effective until the Grantee has been given sixty days' notice by registered mail, addressed to its office in Houston, Texas. SECTION 4. No transfer of this Franchise shall be effective unless it be in writing, in duplicate, signeà by the Transferor and by the Transferee, and stating the true consideration of such transfer, and shall be filed with the City Secretary. The Director of Public Works shall file his written recommendation concerning such transfer with the City Secretary. After consideration of said transfer and the recommendation of the Director of Public Works, the City Council must approve by motion, resolution or ordinance the application for transfer before any such transfer or attempted transfer shall be valid and have any force or effect. If not approved by the City Council, the transfer or attempted transfer shall be null and void. SECTTON 5. Tho Grant tee shall file its written acceptance of this franchise with the City Secretary of the City of Pasadena within thirty (30) days from the date of the passage hereof, and shall there- upon be bound by all of the terms and conditions hereof. The franchise herein granted shall commence and inure to the benefit of the Grantec, effective immediately, with the filing of such written acceptance hereof by Grantee. The Grantee shall not commence any work or construction of any type within the right of way limits of any street or public propcrty until the final passage and acceptance of this franchisc. The City Secretary shall give written notice to the Director of Public Works and to the Legal Department upon the final acceptance of this franchise by the Grantee; further provided chat like notice be given upon Grantee's failuro to accept within the time period heretofore identi.fied. PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas, in regular meeting in the City Hall of the City this the 9 day of aach A. D., 1971. APPROVED this the 4 day of aach A. D., 1971. CLYDE DOYAL, MAYOROF THE CITY OF ASADENA, TEXAS ATTEST: : APPROVED: / AN RUSSELL L. DRAKE CHARLES A. LAS NG CITY SECRETARY CITY ATTORNEY CITY OF PASADENA, TEXAS CITY OF PASADENA, TEXAS PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas, in regular meeting in the City Hall of the City this the 13 day of dpak - A. D., 1971. APPROVED this the 3 day of Cpal A. D., 1971. CLYDE DOYAL, MAYOR dF THE CITY OF PASADENA, PEXAS ATTEST: APPROVED: A deaae Lub an RUSSELL L. DRAKÉ CRARLES A. EASTI ERLING CITY SECRETARY CITY ATYORNEY CITY OF PASADENA, TEXAS CITY OF PASADENA, TEXAS THE STATE OF TEXAS X X COUNTY OF HARRIS X I, Russell L. Drake, the duly appointed, qualified and acling City Secretary, of the City of Pasadena, Texas, hereby certify that the above and foregoing ordinance of the city, of Pasadena was passed on first reading at a reg- ular meeting of the City Council of the City of Pasadena held at the City Hall on the 9th day of March, A. D. 197L; That written notice of the date, place and subject of said eet ting. was post ted on a bulletin board located at a place convenient to the public in the City Hall for at Jeast the three days preceding the day of said meeting; That the Mayor, Clyde Doyal, and Councilmen John Ray Harrison, Don LaFitte, Roy Mease, John Phelps, Johnny Isbell, and Robert Hooper were present at said meeting and acted as the Council throughout; that within five days after said passage on first reading said ordinance was published in full in the official newspaper of the City of Pasadena on the 1B- day of March, 1971; that said ordinance was passed on second and final reading at a regular meet ting of the City Council of the City of Pasadena held at the City Hall on the 13th day of April, 1971; that written notice of the date, place and subject of said meeting was posted on a bulletin board located at a place convenient to the public in the City Hall for at least the three days preçeding the day of said meeting; that the Mayor, Clyde Doyal, and Councilmes John Ray Harrison, Don LaFitte, Roy Mease, John Phelps, Johnny Isbell, and Robert Hooper were present at said meeting and acted as the Council throughout; that within five days after said passage on second and final reading said ordinance was published in full in the official newspaper of the City of Pasadena on the 1t day of April, 1971; that the same has been signed and approved by the Mayor, approved as to legality by the City Attorney, and is duly. attested by the City Secretary; and that the same has been duly filed by the City Secretary and recorded by the City Secretary in the records of the City of Pasadena, Texas. EXECUTED under my hand and the official seal of the City cf Pasadena, Texas, at said City, this 25 day of April 1971. RLE RUSSELL . DRAKE CTTY SECRETARY OF THE CITY OF PASADENA, TEXAS TO THE HONORABLE MAYOR AND CITY ÇOUNÇIL OF THE CITY OF PASADENA: The Company for itself, its successors and assigns, hereby accepts the atLached ordinance and agrees to be bound by all of its terms and provisions. TEXAS EASTERN TRANSMISSION CORPORATION 34 5, By: MN zy George H. Bng, Vice President j47 Dated the lazaay of MAY A. D., 1971. THE STATE OF TEXAS I I COUNTY OF HARRIS I I, RUSSELL L. DRAKE, the duly appointed, qualified and acting City Sccretary of the City of Pasadena, Toxas, hereby certify that the above and foregoing Acceptance was received and filed in the office of the City Secretary of the City of Pasadena on the 13 day of May 1971. EXECUTED under my hand and the official seal of the City of Pasadena, Texas, at said City, this 5 day of MAY 1971. aN ROSSELL L. DRAKE CITY SECKETARY OF THE CITY OF PASADENA, T'EXAS $ ORDINANCE NO. 2002- TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PASADENA: The Corporation for itself, its successors and assigns, hereby accepts the attached Ordinance and agrees to be bound by all of its terms and provisions. Dated this the day of A.D., 2002. ARCO MIDCON LLC BY: : ATTEST: TITLE: : Secretary THE STATE OF TEXAS S COUNTY OF HARRIS S This instrument was acknowledged before me on the day of A.D., 2002. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS My Commission expires: Name: THE STATE OF TEXAS S COUNTY OF HARRIS S I, LYNNE SUMMERS, the duly appointed, qualified acting City Secretary of the City of Pasadena, Texas, hereby certify that the above and foregoing Acceptance was received and filed in the office of the City Secretary of the City of Pasadena on the day of A.D., 2002. LYNNE SUMMERS CITY SECRETARY CITY OF PASADENA, TEXAS EXHIBIT "2' - PlineTrans.ARCO02 - A à 5 - : 5 8 S! 3! - : 0 I I Exhibit " A" SUMMA ARY DIPE DATA PROFI L L PLAN ALIONI NT TRACT CALE & VART o - I H ee 4 A S I ce 444 - P E8s - - al . u - > E3 aas 88 - E 8 - : e a : O : e a a - E * N S a a 9 - o : CE a - G E D Ji hD a0 a 6 UMMA ARY PIPE DATA PROFI LE PLAN ALIONMENT TRACT SCALE MARZI I I 2 B88 4 > BS ces 444 E SdE - aal e d E - - 27 e e : BIGUE G a n BRSENT : BISS GTP - EERSR : GSIp - 0532 1 G fhc a D * TRD * m - o SP BGGN n oar BLr - 32 CATDGIEN DOO a > CRE a 5 - - MOUVUE - DCE unR - - DE E 3 oBo a An a PC U & WE - a BU GaB 0 E e oE R9 nn : 1 GEN 7 e a Y tuo : GF - 9 E GR 9 a CEAC a 1 E GRR 1 VR BGUNUE a - G GNR - - C E EU CAPDEEIE E s moB UE GNE nom a a P CBTDEES VorDeR 1-e MATCHLING STA00+00 SÉE SHT. Q VNI Y PIPE ATA PROF PLAN ALIONMENT TRACT 1 CALE VERT a I I 888 4 E 10e. 444 B 3 SEE - 222 a I - - g00z INE STAQ d0+00 0 TASE E 5 I 3 D S * - mD CONOA ETE - EG VuE ETE vs E i 17 i a - - 1 - BI 6 - 1 B ASLLE oEo A EE - 9 e + a : al - * 9 6 6 E u : 3 a TuAD - M-M G pane - V uT E M MMFGANE s-00 STA 30 :R N 3 * le e - 3 IEITaT a B3. : I DE 3 d BS - PL a - - V oab taa E e - 8 a B 8 & : 1 iea rt AMER a A 0 a0gos dE MA p - n B s o -a E 33 E E 5 143 E o 348 E B EH E - 55 3 s i I poci o 8 DE 1oVuI INAWNOITV MV14 3114084 A a did ANVAAAT 3 8 a E E 5 e N 5 - ! 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Ea 9945 e wu 0 E od B1 o tut a 2 E 8 < 1 a - E - 444 223 383 - 8 : E 58 I S E 8 E Ios E - - 15VHL ANIRNOITV NV14 3114014 vive a4i4 ANVNNAE AGENDA REQUEST ORDINANCE RESOLUTION aB NO: 2025- CAPTION: Grant a new pipeline franchise to Air Liquide Large Industries U.S LP, to lay, replace, maintain, operate, and remove an existing 10" Inch Hydrogen Pipeline commencing at the northeast city limit line at or near Red Bluff Road and leaving the southwest city limit line at a point southwest of Armand bayou all in the corporate limits of the City of Pasadena, Texas to transport Hydrogen. RECOMMENDATIONS & JUSTIFICATION: Air Liquide Large Industries U.S LP (ord. 2004-248) has made a renewal pipeline franchise request, but due to the ordinance expiration, it will be classified as a new pipeline franchise. The new pipeline franchise will allow AL Lip Corporation the right, privilege, and permit to lay, replace, construct, repair, maintain, operate, and remove the existing one (1) 10" Hydrogen pipeline. (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE) BUDGETED : COUNCIL DISTRICT (S) AFFECTED : A REQUIRES APPROPRIATION: See attached Certification Luhnn .. - Mun, AK COUNCIL ACTION Robin s. Green, Jr. DATE: : 5/27/2025 REQUESTING PARTY (TYPED) FIRST READING: FINAL READING: : BUDGET DEPARTMENT MOTION MOTION PURCHASING DEPARTMENT SECOND SEÇOND APPROVED : MALO CITY ATTORNEY DATE DATE QTA Aure MAYOR DEFERRED : ORDINANCE NO. 25 An Ordinance granting to Air Liquide Large Industries U.S. LP, the non-exclusive right, privilege, franchise and permit to lay, replace, construct, repair, maintain, operate, and remove an existing 10-inch Hydrogen pipeline within the City of Pasadena routed on and across parcels of land and routes of which are shown as attached and in accordance with plans and specifications heretofore filed with the Department of Public Works, and the Department of Planning; prescribing the terms and conditions under which said right, privilege, franchise, and permit is granted; and providing for acceptance. WHEREAS, Air Liquide Large Industries U.S. LP, has made a request for a new non-exclusive pipeline franchise and the non- exclusive right, privilege, franchise and permit to lay, replace, construct, repair, maintain, operate, and remove an existing 10- inch Hydrogen pipeline; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City of Pasadena, Texas, hereinafter referred to as "City" or "Grantor", does hereby, subject to all of the provisions herein, grant to Air Liquide Large Industries U.S. LP, hereinafter referred to as "Grantee", for a term of twenty (20) years from the date of this ordinance, and subject to the terms and conditions herein, the non-exclusive right, privilege, franchise, and permit to lay, replace, construct, repair, maintain, operate, and remove an existing 10-inch pipeline routed on and across parcels of land and coutes of which are shown on the plats and the courses, distances and descriptions as attached hereto and incorporated herein on Exhibit "A", all in the corporate limits of the City of Pasadena, Texas. Said pipeline to be constructed in accordance with plans and specifications filed with the Director of Public Works and Director of City Planning, which shall be for the transportation of hydrogen, but not for distribution to end use customers in the Cityi such plans and PipelineFran.Airligudetargetnd.s.tP-1OinsydPline,s pg. 1 specifications being subject to the review and approval of the Director of Public Works and Director of City Planning. SECTION 2. That the grant of this franchise is conditioned upon the terms and conditions herein and Grantee's compliance with all applicable federal, state or other regulatory programs that currently exist or may hereafter be enacted by any regulatory agencies with jurisdiction over Grantee. In carrying out any activities authorized under the privileges granted herein, Grantee shall meet accepted industry standards and comply with all laws of any governmental entity or agency with jurisdiction over the pipeline(s) and its operation, including all laws, rules and regulations existing at the effective date of this franchise or that may be subsequently enacted by any governmental entity or agency with jurisdiction over Grantee and/or the pipeline(s) and facilities. Grantee shall operate, maintain, inspect and test its pipeline(s) and facilities in full compliance with the applicable provisions of all federal, state and local laws, regulations and standards, as now enacted or hereafter amended, and other future laws or regulations applicable to Grantee's pipeline(s) and facilities, products and business operations. SECTION 3. That each of the following terms, provisions, and conditions is a material part of the franchise and permit granted, and Grantee by acceptance of this franchise and permit agrees to perform each and every provision and condition: (a) The franchise and permit herein granted shall and does hereby authorize the Grantee to lay, replace, construct, repair, maintain, operate, and remove that certain pipeline routed on and across parcels of land the route of which is shown on the plat and the courses, distances and description in the attached Exhibit "A", incorporated herein for all purposes, upon the approval of the Director of Public Works as to the points at which the pipeline will Cross or run along or underneath any street or PipelineFran.Mirliguceargetnds.tP-1OintydPlinezs pg. 2 streets and right-of-way or rights-of-way within the City of Pasadena; the depth of the line(s) along or underneath the streets shall be at least six (6') feet measured between the top of the line and natural surface of the ground as evidenced by those detailed plan(s) and profile engineering drawings on file with the Planning and Public Works Departments of the City of Pasadena unless the Director of Public Works recommends in writing that at any particular point or points a lesser depth may be permitted; and further provided that if at any particular point or points the said Director of Public Works recommends that a greater depth be required, such recommendation will be complied with by the Grantee, and Eurther provided that the means and manner of construction must meet with the approval of the Director of Public Works and his recommendations, being in accordance with all current, and subsequently adopted police power right-of-way management ordinances and regulations of the City. (b) The Grantee shall be required to submit to the Director of Public Works and to the Director of City Planning, a plan accurately showing the proposed location, course and alignment of the proposed pipeline(s); and a written application, which shall show the time, manner, means and method of the proposed construction, the particular commodity proposed to be transported through the pipeline (s) and the maximum pressure and maximum temperature under which the same may be pumped or otherwise caused or permitted to flow through any and all of the particular portions of the pipeline(s). Said plans shall consist not only of the plan but also of a suitable profile, accurately showing the location of all cutoff valves relative to the location of all streets or alleys across or along which the proposed pipeline shall be laid. Two copies thereof along with two copies of the application shall be presented to the Director of City Planning and two copies thereof and two copies of the application shall be presented to the PipelineFran.Mirlaguuicelaryeinas.tP-1OinydPlinezs pg. 3 Director of Public Works. One of the copies of the plan and profile delivered to the Director of Public Works shall be a producible negative. No construction shall begin until such plans have been reviewed and approved by the Director of Public Works and Director of City Planning. (c) When found necessary by the City Council or the Director of Public Works, any such lines or other structures shall be lowered, relocated, or removed promptly, and in all cases no later than 180 days from written request to do sO being made by said Director of Public Works. All such modifications shall be at the sole expense of the Grantee. Any additional cost to the City due to any delays in removal or relocation of such lines shall be paid to the City by Grantee. It is the purpose of this subsection that improvements, changes, and alterations in either existing or future streets, street rights-oE-way, water lines, sanitary sewer lines, or storm sewers, shall in no way be hampered, delayed or add additional cost to the City by the lines or other structures of the Grantee. (d) Grantee understands and acknowledges that this is a non- exclusive franchise and the limited rights and privileges granted under said franchise shall in no manner prohibit or limit Grantor's power to perform work upon its rights-of-way, public properties or make any necessary changes, relocations, repairs, maintenance, establishment, improvements thereto, or from using any of the rights-ot-way and public properties or any part thereof as the Grantor may deem fit from time to time, including the dedication, establishment, maintenance and improvement of all new rights-of- way and other public properties of every type and description. (e) Grantee accepts any privileges granted by Grantor under this franchise agreement, to the franchise area, public rights-ot-way and other public property in an "as is" condition. Grantee agrees that City has made no representations, implied or express Pipelinerran.Airliguidelargeinat.s. LP-10intydPline25 pg. 4 warranties or guarantees on the suitability, security or safety of Grantee's location of facilities or the facilities themselves in public property or rights-of-way, or possible hazards or dangers arising from other uses of the public rights-of-way or other public property by the City or the general public. Grantee shall remain solely and separately liable for the function, testing, maintenance, repair, and/or replacement of the pipeline (s) or other activities permitted under this franchise. (f) The grantee shall pay to the City of Pasadena an initial franchise fee in the amount of Three Thousand Five Hundred Dollars ($3,500.00) per pipeline approved by this Ordinance and shall thereafter pay to said City subsequent fees thereafter in the amount of One Thousand Five Hundred Dollars ($1,500.00) per such pipeline per year, and all amounts as may subsequently be set by ordinance or otherwise by the City of Pasadena. After payment of the initial fee, all subsequent fees shall be due and payable on December 31st of each subsequent year for the term of the franchise. Advance payment of the franchise fee for more than one (1) year shall not be permitted. (g) By granting this franchise, City assumes no risks or liabilities, all of which shall be solely and separately borne by Grantee. Nothing in this franchise shall be deemed to impose any duty or obligation upon City to determine the adequacy or sufficiency of Grantee's plans and designs or to ascertain whether Grantee's proposed or actual construction, reconstruction, testing, maintenance, repairs, replacement or removal is adequate or sufficient or in conformance with the plans and specifications provided to City for review. Grantee agrees and covenants, at its sole cost and expense, to protect, support and keep safe from harm its pipeline (s) and/or facilities, or any part thereof, to protect the public health and safety and to be solely and completely responsible for workplace safety and safe working practices on its PapelineFran.Airlgudatlageind.s.tP-1OintydPlinezs pg. 5 job sites within the franchise area, including the safety of all persons and property. (h) IN CONSIDERATION OF THE GRANTING OF THIS NON-EXCLUSIVE FRANCHISE, GRANTEE HEREBY AGREES THAT CITY SHALL NOT BE LIABLE OR RESPONSIBLE FOR, AND DOES HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, CLAIMS, JUDGMENTS, FINES, PENALTIES, COSTS AND EXPENSES FOR INJURY TO ANY PERSON OR PERSONS, OR DAMAGES TO ANY PROPERTY BROUGHT OR MADE FOR OR ON ACCOUNT OF ANY DEATH, INJURIES TO OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR FOR DAMAGE TO OR LOSS OF PROPERTY ARISING OUT OF OR OCCASIONED BY, WHETHER DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, OPERATION OR MAINTENANCE OF SAID PIPELINE (S) . GRANTEE SHALL ADDITIONALLY INDEMNIFY, DEFEND AND HOLD HARMLESS GRANTOR, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY, INCLUDING COSTS AND ATTORNEYS' AND EXPERTS' FEES INCURRED BY CITY IN DEFENSE OF, ARISING DIRECTLY OR INDIRECILY FROM GRANTEE': S VIOLATION OF ANY ENVIRONMENTAL LAWS APPLICABLE TO THE PIPELINE OR FROM ANY RELEASE OF A HAZARDOUS SUBSTANCE ON OR FROM THE PIPELINE AND/OR FRANCHISE AREA OR FROM ANY OTHER ACTIVITY BY GRANTEE, ITS OFFICERS, AGENTS OR EMPLOYEES RELATED TO THIS FRANCHISE AND THE LIABILITY RESULTING THEREFROM. SAID INDEMNITY IS TO INCLUDE BUT IS NOT LIMITED TO LIABILITY FOR ALL COSTS OF REMOVAL AND REMEDIATION OF HAZARDOUS SUBSTANCES AND ALL DAMAGES TO NATURAL RESOURCES CAUSED BY ANY ENVIRONMENTAL CONTAMINATION, AS DETERMINED BY CITY IN ITS SOLE DISCRETION, INCLUDING THE COSTS OF DIRECT AND INDIRECT DAMAGES, LIABILITY FOR ANY OTHER COSTS OF RESPONDING TO AND MITIGATING THE HAZARDOUS SUBSTANCES, LIABILITY FOR ANY COSTS OF INVESTIGATION, ABATEMENT, CORRECTION, CLEAN UP, FINES, PENALTIES OR OTHER DAMAGES ARISING UNDER ANY ENVIRONMENTAL LAWS, AND LIABILITY FOR ANY AND ALL BODILY PipelineFran.Airliqudetargeina.s.tP-1OintydPline,s pg. 6 OR PERSONAL INJURY, PROPERTY DAMAGE OR EÇONOMIC LOSS ARISING UNDER ANY STATUTORY OR COMMON-LAW THEORY. GRANTEE SHALL, IF ANY ACTION OR PROCEEDING IS BROUGHT AGAINST CITY RELATED TO THE PIPELINE OR THE APPURTENANT FACILITIES, DEFEND CITY AT GRANTEE' S SOLE COST AND EXPENSE. (1) THE FRANCHISE AGREEMENT SHALL CONSTITUTE A NET LEASE AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IT IS INTENDED THAT THE FRANCHISE PAYMENT AND ALL OTHER AMOUNTS DUE AND PAYABLE UNDER THE FRANCHISE SHALL BE PAID WITHOUT COUNTERCIAIM, SETOFF, DEDUCTION OR DEFENSE OF ANY KIND AND WITHOUT ABATEMENT, SUSPENSION, DEFERMENT, DIMINUTION OR REDUCTION OF ANY KIND, AND THE GRANTEE' S OBLIGATION TO PAY ALL SUCH AMOUNTS THROUGHOUT THE FRANCHISE TERM IS ABSOLUTE AND UNCONDITIONAL, (2) ANY ENVIRONMENTAL LIABILITY ACCRUING FROM GRANTEE': S USE OF ITS PIPELINE SHALL BE EXCLUSIVELY BORNE BY THE GRANTEE AS THOUGH IT WERE THE OWNER OF THE PREMISES WHEREIN ALL ENVIRONMENTAL LIABILITY HAS OCCURRED AND RESULTED. (3) GRANTEE SHALL PROVIDE AND MAINTAIN GENERAL AND ENVIRONMENTAL LIABILITY INSURANCE: COVERAGES APPLICABLE TO THIS FRANCHISE, AND FOR THE TERM OF THE FRANCHISE, NAME THE CITY OF PASADENA AS AN ADDITIONAL INSURED. SUCH COVERAGES SHALL AT ALL TIMES PROVIDE NO LESS THAN TWO MILLION DOLLARS $2,000,000.00) IN COMMERCIAL GENERAL LIABILITY COVERAGE PER OCCURRENCE AND FIVE MILLION DOLLARS $5,000,000.00) IN ENVIRONMENTAL/POLLUTION LIABILITY COVERAGE, COVERING LIABILITY FROM SUDDEN AND ACCIDENTAL OCCURRENCES AS WELL AS UNDISCLOSED ENVIRONMENTAL HAZARDS. GRANTEE FURTHER RELEASES, ACQUITS, AND FOREVER DISCHARGES THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS OR CAUSES OF ACTION OF WHATSOEVER CHARACTER OR PipelineFran.Mirtiqudelargeind.s.IP-1OinlydPline,s pg. 7 NATURE ARISING FROM OR BY REASON OF ANY AND ALL BODILY OR PERSONAL INJURIES, INCLUDING DEATH AND MENTAL ANGUISH, DAMAGE TO PROPERTY AND THE CONSEQUENCES THEREOF, WHICH MAY BE SUSTAINED BY THE GRANIEE, HIS OFFICERS, EMPLOYEES OR AGENTS AND WHICH ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS OR EMPLOYEES. GRANTEE SHALL KEEP AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL COSTS, LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND HOWSOEVER CAUSED, CLAIMED OR RECOVERED BY ANYONE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES ARISING FROM OR IN CONNECTION WITH GRANTEE'S FRANCHISE HEREUNDER. IT IS THE EXPRESSED INTENTION OF BOTH CITY AND THE GRANTEE THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS INDEMNITY BY THE GRANTEE TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS OR EMPLOYEES WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE. FOR PURPOSES OF THIS INDEMNIFICATION PROVISION, ACTS AND/OR OMISSIONS OF THE GRANTEE'S AGENTS AND EMPLOYEES SHALL BE CONSIDERED THE ACTS AND OMISSIONS OF THE GRANTEE. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION, EXPIRATION OR CANCELLATION OF THIS AGREEMENT. (i) Grantee shall refill and repair with its own contractor or employees all excavations made by it within the right-of-way of any street or alley in the laying, replacing, constructing, repairing, maintaining, operating, and removing of such pipeline(s) or any part thereof; and if after once refilling such excavation the earth within such excavated area settles sO as to leave a depression, the Grantee shall make further necessary fills from time to time as ordered by the Director of Public Works or by the City Council. Grantee will repair all portions of any street Pipelinerran.Airligcatargeinds.tP-1OintydPline2s pg. 8 or alley along which its lines are laid and place the same in as good a state of repair and condition as they were in at the time of construction, or when repair or removal was commenced, such repairs to be to the satisfaction of the City Council. (j) All such work of repairing or refilling shall be done under plans and specifications approved by the Director of Public Works and subject to his approval of the completed work; and any excavation along any such street or alley shall be replaced with materials of the same kind as those removed unless the Director of Public Works approves of some other type of fill or material. All roadway crossings shall be bored. Any excavations within the right of way shall be back filled and compacted in 12" lifts to 958 Proctor density. Grantee shall notify the Director of Public Works before commencing at any time an excavation in any portion of any street or alley and shall not wholly close any street or alley but shall at all times maintain a route of travel along and within such roadway area which shall include any sidewalk area, except that in cases of emergency the Director of Public Works, the Mayor, or the City Council may authorize a temporary closing of any street, alley, or sidewalk in order to take care of any break or leakage in the pipeline if in the opinion of the Director of Public Works, the Mayor, or the City Council, such closing is necessary to protect the safety of the public. (k) If the Grantee fails to commence or thereafter to diligently prosecute any such repair, refilling or other work so required to be done by it within a reasonable time after being notified by the Director of Public Works, City may cause such work to be done at the expense of the Grantee and may recover all such expenses from Grantee, together with all costs and reasonable attorneys' fees. (1) The Grantee shall provide the necessary automatic pressure release (cutoit) valves which prevent the flow of the commodity in either direction if there should be any break or rupture within PipelineFran.Airlqgudelargeinds.tP-1OantydPline,s pg. 9 the right-of-way limits of any street or public property. Such valves must meet with the approval of the Director of Public Works. (m) Grantee shall comply with all requirements of state and federal law governing pipelines transporting hazardous materials including, but not limited to federal regulations concerning inspections, investigations and record keeping. More specifically, Grantee agrees that: (1) Officers, employees, or agents authorized by the Associate Administrator for Pipeline Safety, Pipeline and Hazardous Materials Safety Administration (PHMSA), upon presenting appropriate credentials, are authorized to enter upon, inspect, and examine, at reasonable times and in a reasonable manner, the records and properties of persons to the extent such records and properties are relevant to determining the compliance of such persons with the requirements of federal statute 49 U.S.C. 60101 et seg., or regulations or orders issued thereunder. (2) Inspections are ordinarily conducted pursuant to one of the following: (a) Routine scheduling by the Regional Director of the Region in which the facility is located; (b) A complaint received from a member of the public; (c) Information obtained from a previous inspection; (d) Report from a State Agency participating in the Federal Program under 49 U.S.C. 60105; (e) Pipeline accident or incident; or (f) Whenever deemed appropriate by the Administrator, PHMSA or his designee. (3) If, after an inspection, the Associate Administrator of the federal Office of Pipeline Safety (OPS) believes that further information is needed to determine appropriate action, the Associate Administrator, OPS may send the owner or operator a PipelineFran.Airligudetargetnd.s.S.1P-1OintydPline2s pg. 10 "Request for Specific Information" to be answered within 45 days after receipt of the letter. (4) To the extent necessary to carry out the responsibilities under 49 U.S.C. 60101 et seg.. the Administrator, PHMSA or the Associate Administrator, OPS may require testing of portions of pipeline facilities that have been involved in, or affected by, an accident. However, before exercising this authority, the Administrator, PHMSA or the Associate Administrator, OPS shall make every effort to negotiate a mutually acceptable plan with the owner of those facilities and, where appropriate, the National Transportation Safety Board for performing the testing. (5) If a representative of the DOT investigates an incident involving a pipeline facility, OPS may request that the operator make available to the representative all records and information that pertain to the incident in any way, including integrity management plans and test results, and that the operator afford all reasonable assistance in the investigation. (6) When the information obtained from an inspection or from other appropriate sources indicates that further OPS action is warranted, the OPS may issue a warning letter under $190.205 or initiate one or more of the enforcement proceedings prescribed in $$190.207 through 190.235 of the Code of Federal Regulations. Furthermore, Grantee agrees that Grantee shall maintain the following records for transmission lines for the periods specified: (a) The date, location, and description of each repair made to pipe (including pipe-to-pipe connections) must be retained for as long as the pipe remains in service. (b) The date, location, and description of each repair made to parts of the pipeline system other than pipe must be retained for at least 5 years. However, repairs PipelineFran.MirligucatageinasydPline2s pg. 11 generated by patrols, surveys, inspections, or tests required by subparts L and M of Title 49, part 192 Code of Federal Regulations must be retained in accordance with paragraph (3) of this section. (c) A record of each patrol, survey, inspection, and test required by subparts L and M of Title 49, part 192 Code of Federal Regulations must be retained for at least 5 years or until the next patrol, survey, inspection, or test is completed, whichever is longer. (7) If federal or state regulators perform an investigation, Grantee shall share the results with the City within sixty (60) days. (n) Grantee shall have in place, at all times during the term of this franchise, a system for remotely monitoring pressures and flows across the franchise area. The remote monitoring must be able to accurately detect pipeline ruptures. In the event of any leak, spill or rupture, Grantee shall notify Grantor within one (1) business day of its observation or detection of any uncontained leak, spill or rupture from its pipeline (s) and/or facilities and be solely responsible for all necessary costs incurred by Grantor in responding to any rupture, spill or leak from Grantee's pipeline(s) and/or facilities, including but not limited to detection and removal of any contaminants from air, earth or water, and all remediation costs. In the event of any leak, spill or rupture from Grantee's pipeline (s) and/or facilities affecting the franchise area, where the cause is not reasonably apparent and where federal or state regulators do not investigate, City may demand the occurrence be investigated by an independent pipeline consultant selected by City. Grantee shall be solely responsible for all costs and expenses associated with investigating the occurrence and reporting the Eindings. Grantee shall meet and confer with the independent consultant following the consultant's PipelineFran.irligucageinase2s pg. 12 investigation to address whether any modifications or additions to Grantee's pipeline (s) and/or facilities may be warranted. If the consultant recommends Grantee make modifications or additions, Grantee covenants to consider said recommendations in good faith, and if declining to following the recommendations, Grantee shall provide to City a written report explaining its reasoning for not following said recommendations. Any dispute between City and Grantee regarding implementing recommendations from the Consultant shall be brought before a mediator, selected upon mutual agreement of the Parties, if unable to be resolved by the Parties through mutual consideration, discussion and negotiation. If unable to reach a resolution of the dispute through mediation, either Party may then proceed to any available judicial remedies. SECTION 4. That the limited right, privilege, permission, and non-exclusive franchise hereby granted is subject to the existing Charter and ordinances of the City of Pasadena and such future charters and ordinances which may be hereafter passed, and the right is expressly reserved by the City of Pasadena to amend or otherwise change this ordinance when deemed advisable. The term of this franchise and permit shall be for a period of twenty (20) years from the date of passage of this ordinance, however, the City Council of the City of Pasadena or other governing body reserves the right at all times to change the terms of this ordinance, and if public necessity and convenience should require the removal of these lines, then, in that event, the City Council of the City of Pasadena reserves the absolute right to terminate the rights granted herein. Provided, however, such termination shall be by ordinance and shall not become effective until the Grantee has been given sixty (60) days' written notice by registered mail, addressed as follows: PipelineFran.Ain.Airliquidelargelndu.S.LP-10inHydPline25 Pg. 13 Air Liquide Large Industries U.S. LP Attn: Michael Schneider Right of Way Agent Ph: 832-270-4667 SECTION 5. No transier of this franchise and permit shall be effective unless it be in writing, in duplicate, signed by the Transferor and by the Transferee, filed with the City Secretary, and the transferee pays a franchise transfer fee of One Thousand Dollars ($1,000.00) per pipeline to the City of Pasadena. The fees for subsequent years shall be payable by the transferee under the same conditions as they had been for the transferor. After consideration of said transfer and the recommendation of the Director of Public Works, the City Council may consider approval by ordinance of the application for transfer. Before any such transier or attempted transfer shall be valid and have any force or effect it must be approved by City Council. If not approved by the City Council, the transier or attempted transfer shall be null and void. SECTION 6. The Grantee shall file its written acceptance, attached as Exhibit "B", of this franchise and permit with the City Secretary of the City of Pasadena within thirty (30) days from the date of passage hereof, and shall be bound by all of the terms and conditions herein. The franchise and permit granted shall commence and inure to the benefit of the Grantee, effective immediately, with the filing of such written acceptance by Grantee. The Grantee shall not commence any work or construction of any type within the right-of-way limits of any street or public property until the final passage and acceptance of this franchise and permit and approval of its completed application and permit by the Director of Public Works. The City Secretary shall give written notice to the Director of Public Works and to the Legal Department upon the final acceptance of this franchise and permit by the Grantee; PipelineFran.Airligualargetnd.s.tP-1OintydPline,s pg. 14 further provided that like notice be given upon Grantee's failure to accept. SECTION 7. That Air Liquide Large Industries U.S. LP, understands and agrees that the permit fee specified under this Ordinance is subject to adjustment by the City of Pasadena to conform to a fee which applies generally to pipeline(s) in the City, as specified in a blanket ordinance which is enacted by the City of Pasadena in the future, provided that if Air Liquide Large Industries U.S. LP, its successors and assigns, is not making sales from the pipeline in the City, the fee shall not exceed an amount calculated to compensate the City for its reasonable cost associated with such pipeline in the City. SECTION 8. Grantee shall at all times by separate instrument keep the City apprised of valid and functioning emergency and non- emergency address and telephone number(s) by which the City may contact the Grantee when necessary. Such contact information shall be kept current and updated by Grantee in writing sent to the following: 1) City Controller P. O. Box 672 Pasadena, Texas 77501 2) Director of Public Works P. O. Box 672 Pasadena, Texas 77501 3) Fire Chief P. O. Box 672 Pasadena, Texas 77501 (713) 475-5554 Such notice shall be made within a reasonable time after the pipeline transfer, company name change, or other event causing such change but, in no event shall notification to City be more than thirty (30) days after the event causing the change has occurred. Pipelinefran.Airligncelargyetnd.s.tP-1OintydPlinezs pg. 15 Failure to timely apprise City as required by this section shall result, upon approval by the City Council of the City of Pasadena, Texas, in a penalty of $100 per day for every day the notification is past thirty (30) days after the event causing the change has occurred. SECTION 9. Grantee acknowledges that failure to pay any fees required by this franchise agreement within thirty (30) days of when due and payable shall result in the possible revocation of this franchise agreement. In addition, Grantee agrees that failure to pay any fee amount within thirty (30) days of when due and payable shall require Grantee to pay, in addition to such fee, an amount equal to ten (10) percent of such fee per month until paid, plus all costs of collection including reasonable attorney's fees. Grantee Eurther acknowledges and agrees that City possesses the urisdictional and legal authority to issue this franchise to Grantee. SECTION 10. That pursuant to the requirements of House Bill 1295, 84th Legislative Session, this contract is contingent upon the business entity's completion of the required Form 1295, Certificate of Interested Parties, if applicable. SECTION 11. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof. Pipelinerran.Airligudargyeinds.1P-10intydPlinezs pg. 16 PASSED ON FIRST READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the day of A.D., 2025. APPROVED this the day of A.D., 2025. JEFF WAGNER, MAYOR OF THE CITY OF PASADENA, TEXAS ATTEST: APPROVED: AMANDA F. MUELLER JAY W. DALE CITY SECRETARY CITY ATTORNEY CITY OF PASADENA, TEXAS CITY OF PASADENA, TEXAS PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in regular meeting in the City Hall this the day of - A.D., 2025. APPROVED this the day of A.D., 2025. JEFF WAGNER, MAYOR OF THE CITY OF PASADENA, TEXAS ATTEST: APPROVED: AMANDA F. MUELLER JAY W. DALE CITY SECRETARY CITY ATTORNEY CITY OF PASADENA, TEXAS CITY OF PASADENA, TEXAS Pipelineran.Airliguidetlargeind.s.S.1P-10inlydPlinezs pg. 17 ORDINANCE NO. TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PASADENA: The Company for itself, its successors and assigns, hereby accepts the attached ordinance and agrees to be bound by all of its terms and provisions. Air Liquide Large Industries U.S. LP ATTEST: BY: Secretary President Dated the day of A.D., 2025. THE STATE OF COUNTY OF This instrument was acknowledged before me on 2025, by the of a corporation, on behalf of said corporation. NOTARY PUBLIC IN AND FOR THE STATE OF My Commission expires: Printed Name: THE STATE OF TEXAS COUNTY OF HARRIS I, AMANDA F. MUELLER, the duly appointed, qualified acting City Secretary of the City of Pasadena, Texas, hereby certify that the above and foregoing Acceptance was received and filed in the office of the City Secretary of the City of Pasadena on the day of 2025. Executed under my hand and the official seal of the City of Pasadena, Texas, at said City, this day of A.D., 2024. AMANDA F. MUELLER CITY SECRETARY CITY OF PASADENA, TEXAS Papelineran.AirlaguelagelnabP-10inhydPline2s pg. 18 EXHIBIT "B" 93 MAYOR JEFF WAGNER Engineering Department May 20, 2025 Ms. Amanda Mueller City Secretary City of Pasadena Pasadena, TX 77502 RE: Request for a Pipeline Franchisc Renewal/ New Pipeline Franchise Agrcement due to the pipelinc Expiration/ AL Lip Corporation for an existing one (1) 10" Inch Hydrogen Pipelinc (ORD: 2004-248) Dear Ms. Muelter: This letter is for the purpose of mecting the requirements of Section 27-41 of the Code of Ordinances of the City of Pasadena, which states as follows: Sec. 27-41. Recommendation of directors of public works and planning as to granting ordenying. The director of public works and the director of planning shall report to the city council upon their examination of an application and plans filed pursuant to this division (including such changes in thc plans as the applicant may have made upon their suggestion) with their recommendations as to the granting or denying of the application. They shall, in their report and rccommendation, state whether the depth or depths at which the pipeline is proposed to be laid through undeveloped or unplatted arcas is, to the extent economically feasible, consistent with the probable future development of such areas and with the probable location ofand epening of future streets and the probable laying of water, sanitary sewer and storm scwer lines incident to such probable future development. Thereforc, pursuant to such ordinance, as Public Works Director of the City of Pasadena, Texas, 1 am hereby reporting upon my examination of the application and site plan filed pursuant to the ordinances of the City of Pasadena in regard to the application for a pipeline franchise renewal by Michael Schneider on behalf of AL Lip Corporation (Ord 2004-248) for an existing 10" inch Bydrogen pipcline that crosses public right of way within City Limits or ETJ, it is my recommendation that the pipeline franchise renewal requested be grantcd as a new pipelinc franchise agrecment by the Pasadena City Council. Pleasc lel me know if you have any questions. Sincerely, Robnn AHuA. Robin S. Green, Jr., PE Public Works Director RG: MT Cc: Michacl Schneider City of Pasadena, Texas P.O. Box 672 Pasadena, TX 77501 713-477-1511 www.pasadenat.gov ST 893 5 MAYOR JEFF WAGNER Planning Department May 21, 2025 City Secretary City of Pasadena Pasadena, TX 77506 RE: AL Lip Corporation request a Pipeline Franchise Renewa/New Pipeline Franchise Agreement for an existing one (1) 10" Inch Hydrogen Pipeline (Ordinance 2004-248) Dear City Secretary: This letter is for the purpose of meeting the requirements of Section 27-41 of the Code of Ordinances of the City of Pasadena, which states the following: Sec. 27-41. Recommendation of Directors of Public Works and Planning as to granting or denying. The Director of Public Works and the Director of Planning shall report to the city council upon their examination of an application and plans filed pursuant to this division (including such changes in the plans as the applicant may have made upon their suggestion) with their recommendations as to the granting or denying of the application. They shall, in their report and recommendation, state whether the depth or depths at which the pipeline is proposed to be laid through undeveloped or unplatted areas is, to the extent economically feasible, consistent with the probable future development of such areas and with the probable location of and opening of future streets and the probable laying of water, sanitary sewer and storm sewer lines incident to such probable future development. Therefore, pursuant to such ordinance, as Planning Director of the City of Pasadena, Texas, I hereby report that upon my examination of the application filed pursuant to the ordinances of the City of Pasadena in regard to the application for a pipeline franchise renewal request from Michael Schneider on behalf of AL Lip Corporation (Ordinance 2004-248) for an existing 10" hydrogen pipeline that crosses public rights of way within the City limits or ETJ, I recommend that the pipeline franchise renewal be granted by the Pasadena City Council. Please let me know if you have any questions. Sincerely, Mdlisalomuz Melissa Tamez Planning Director Cc: Jay Dale City ofl Pasadena, Texas P.O. Box 672 Pasadena, TX 77501 713-477-1511 wwpasadenatexasnet RECEIVED SEP 0 5 2024 37: Controller's Office Interoffice Memorandum TO: Legal Department DATE: September 9, 2024 CC: Robin Green - Director of Public Works CC: Melissa Tamez - Director of Planning FROM: Shannon Lowery SUBJECT: Pipeline Franchise Renewal Request Ord. 2004-248 (74-224) - AL Lip Corporation Please find attached a copy of a request letter to renew Ordinance 2004-248 (74-224) for (1) 10" Hydrogen pipeline. Also received, check 0000197509 in the amount of $3500 to pay for the renewal fee. Please proceed in your usual manner. Snauuun huunuz Shannon Lowery Controller's Office Page 1 of 1 AIR LIQUIDE LARGE INDUSTRIES U.S. LP Right of Way Department Pasadena AirLiquide 3011 Freeway, Suite 190 creative oxygen' Pasadena, Texas 77503 Aug 30, 2024 City of Pasadena POX BOX 672 Pasadena, TX 77501 RE: CHECK PAYMENT FOR RENEWAL Dear Representative, Please find the following enclosed payments (detailed below) as full and final payment for the respective invoice for the year 2024. Inv #2004-248 - ($3,500.00) - Check No. 197509 - dated 8/12/2024 AL File# 906.5123 Please contact me if you have any questions Sincerely, Michael Schneider Right of Way Agent Air Liquide Large Industries U.S. LP Email: mchaelsehnelderl-sg@angude.com Cell: 832-270-4667 * AGENDA REQUEST ORDINANCE RESOLUTION NO: 2004-348 2A CAPTION: An Ordinance authorizing and approving the sale and transfer from Air Liquide America L.P. to AL LIP Corporation of pipeline franchise granted by Ordinance No. 74-224; providing a savings clause; and providing for severability. : 5 sus RECOMMENDATIONS & JUSTIFICATION: Original franchisee sold pipeline subject to franchise, and Council approval of franchise transfer, is required under franchise agreement. (IP ADDITIONAL: SPACE IS REQUIRED; PLEASE ATTACE SBCOND PAGE) COST: TASK NO: BUDGETED: YES NO ACCOUNT NUMBER) (S) : REQUESTING DEPARTMENT!, Legal APPROVED : COUNCIL ACTION John S. Schneider, J-DATE:10/14/2904 REQUESTING PARTY (TYPED) FIRST READING: FINAL READING: 12520 hee Barker REQUESTING PARTY (SIGNATURE) MOTION MOTION Welek Phillat CONTROLLER CERTIFICATION SECOND SECOND /0-36-04 11-1-04 LECEARK CITY ATTORNEY DATE DATE DEFERRED: Amlrto MAYOR DWS: mmr 10/8/74 Cv LD FILE. NO. 2959 ORDINANCE NO. 1224 AN ORDINANCE. GRANTING TO--BIG THREE INDUSTRIES, INC., THE RIGHT, PRIVILEGE, AND FRANCHISE TO LAY, REPLACE; MAINTAIN; OPERATE AND -REMOVE.A TEN (10") INCH-PIPELINE COMMENCING AT THE NORTHEAST CITY LIMIT LINE. AT OR NEAR RED. BLUFF, ROAD AND LEAVING:THE SOUTHWEST: CITY LIMIT. LINE AT A POINT SOUTHWEST OF ARMAND BAYOU, ALL IN THE CORPORATE LIMITS. OF. THE CITY'OF PASADENA, TEXAS, AND IN ACCORDANCE WITH: PLANS-AND SPECIFICATIONS HERETOFORE FILED WITH THE.DEPARTMENT OF. PUBLIC WORKS, ANDTHE DEPARTMENT OF PLANNING, FOR- THE FIFTY (50) YEAR. TERM HEREIN PROVIDED; PRESCRIBING THE TÈRMS AND CONDITIONS UNDER WHICH SAID RIGHT, PRIVILEGE AND FRANCHISE IS GRANTED; AND PROVIDING FOR. THE ACCEPTANCE. THEREOE. * BE ITORDAINED BY THE CITY COUNCILOPhHE CITy.OF-PASADENA: SECTION -1. The City- Council of thcity of Pasadena, Texas, herein- aftèr referred to'as "City" does/hereby ) ect C tot aii/of,the C - . - pro-: visions hereof, grant 'to Big Three Industries, Inc., P.-0. Box 3047, Houston, Texas 77001, hereinafter referred toA as. "Grantee", for a C: TLV term,bf.fifty (50).years from the G26 date this ordinance, and subjectitoithe térms and conditions hereof;the right, privilege and franchise to lay; replaçe; maintain, operate and remove a ten (10"). inch pipeline within' the City limits of the City of_Pasadena and" génerally entering" the City limits at a point on Red Bluff. Road, said poimtbeing N 519131 w, 50 feet 'from a City. of Pasadena rod, I marking the Southeast corner of Webstèr-Bayport Corridor, set in 1968 at'Lambert. Grid Coordinates'N 77,304.98 -and E 74,183.68, THENCE, continuing in.a_Southyesterly direction in. the aforesaid Webster- Bayport Corridor and crossing the City: of. Pasadena:along Streets, - Bayous, and Privatè Rights-of-Way to its exitat the intersection of she.Mester-Payport Corridor- and Pasadena City Limits at; the Southwest City limitline. Said.pipeline to be constructed in ascordançe-with plans and.s specifications heretofore filed with the Director,oF-Pablie Works" and Director, of City Planning, which said pipeline shaii be a trunk line for the transportation of any commodity whichican be transported by pipeline in accordance with said, plans heretoforelidmtifie. - AGENDA REQUEST ORDINANCE RESOLUTION NO: 2A 2004-348 CAPTION: An Ordinance authorizing and approving the sale and transfer from Air Liquide America L.P. to AL LIP Corporation of pipeline franchise granted by Ordinance No. 74-224; providing a savings clause; and providing for severability. RECOMMENDATIONS & JUSTIFICATION: Original franchisée sold pipeline subject to franchise, and Council approval of franchise transfer is required under franchise agreement. (IF ADDITIONAL SPACE: IS REQUIRED, PLEASE ATTACE SECOND PAGE) COST: TASK NO: BUDGETED: YES NO ACCOUNT NUMBER(S) : REQUESTING DEPARTMENT: Legal APPROVED : COUNCIL ACTION John S. Schneider, J-DATE:10/14/2904 REQUESTING PARTY (TYPKD) R1 - FIRST READING: FINAL READING: 2S0 bhele Barkir REQUESTING PARTY (SIGNATURE) MOTION MOTION Welck Phillut CONTROLLER CERTIFICATION SECOND SECOND /0-36-04 11-1-04 LECEARK CITY ATTORNEY DATE DATE Emlto - DEFERRED: MAYOR DWS nmi 10/8/74 ( LD FILE NO., 2959 ORDINANCE NO. 14234 AN ORDINANCE GRANTING TO--BIG THREE INDUSTRIES, INC., THE RIGHT, PRIVILEGE, AND FRANCHISE TO LAY, REPLACE; MAINTAIN; OPERATE AND -REMOVE.A TEN (10") INCH PIPELINE COMMENCING AT THE NORTHEAST CITY LIMIT LINE AT OR NEAR RED. BLUFF, ROAD, AND LEAVING:THE SOUTHWEST: CITY LIMIT LINE AT A POINT SOUTHWEST OF ARMAND BAYOU, ALL IN THE CORPORATE LIMITS OF. THE CITY'OF PASADENA, TEXAS, AND IN ACCORDANCE WITH PLANS"AND SPECIFICATIONS HERETOFORE FILED WITH THE.D DEPARTMENT OF..PUBLIC WORKS, AND'THE DEPARTMENT OF PLANNING, FOR- THE FIFTY (50) YEAR TERM. HEREIN PROVIDED; PRESCRIBING THE TÉRMS AND CONDITIONS UNDER WHICH SAID RIGHT, PRIVILEGE AND FRANCHISE IS GRANTED; AND PROVIDING FOR. THE ACCEPTANCE, THEREOF. BE IT,ORDAINED BY THE CITY COUNCILOPAHE Cir.OR-PASADENA: SECTION 1. The City. Council of thecity of Pasadena, Texas, herein- after referred to as "City" does/hereby ibject, a1i/of,the pro-: M 9 . visions hereof, grant to Big Three Industries, Inc., P..0.1 Box 3047, Houston, Texas 77001; hereinafter referred toA as "Grantee", for a CA, TN term. offifty (So)years from the date this ordinance, and 6/6 subjectto the terms and conditions hereof;the right, privilege and franchisé to lay; replaçe, maintain, operate and remove a ten (10"). inch' pipeline within the City limits of the City of Pasadena and" génerally. entering the City limits at a point on Red Bluff Road, 4 said point, being N 510131 w, 50 feet from a City, of Pasadena rod, . marking the Southeast corher of Webster- Bayport Corridor, set in.1968 atlambert.Grid Coordinates N 77,304..98 and E 74,183.68, THENCE, continuing in.a a. Southwesterly direction in the aforesaid Webster- Bayport Corridor and crossing the City of Pasadena-along Streets, Bayous, and Privatè Rights-of-Way to its exit"at the intersection of the.ebster-Bayport Corridor and Pasadena City Limits at;the Southwest: City Timit.-line. Said pipeline to be constructed in agcordançe-with, plans and specifications heretofore filed with the Director,of-Pablié Works and Director, of City Planning, which said pipeline shail be a trunk line for the transportation of any commodity which: can be transported by pipeline in accordance with said plans heratoforeidentifies. AGENDA REQUEST ORDINANCE RESOLUTION NO: 2A 2004-348 CAPTION: An Ordinance authorizing and approving the sale and transfer from Air Liquide America L.P. to AL LIP Corporation of pipeline franchise granted by Ordinance No. 74-224; providing a savings clause; and providing for severability. RECOMMENDATIONS & JUSTIFICATION: Original franchisee sold pipeline subject to franchise, and Council approval vof franchise transfer, is required under franchise agreement. $ 9 E(IP ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACK SECOND PAGE) COST: TASK NO: BUDGETED: YES NO ACCOUNT NUMBER (S) : REQUESTING DEPARTMENT: Legal ag APPROVED: COUNCIL ACTION John S. Schneider, J:DATE:10/16/2004 REQUESTING PARTY (TYPED) FIRST READING: FINAL READING: 20 Sheee Barkr REQUESTING PARTY (SIGNATURE) MOTION MOTION Welck Phllut CONTROLLER CERTIFICATION SECOND SECOND /0-26-04 11-204 LECEAPK CITY ATTORNEY DATE DATE - - DEFERRED: Ameto MAYOR WS u 10/8/74 w LD FILE NO. 2959 $ ORDINANCE NO. 74-224 AN ORDINANCE GRANTING TO--BIG THREE INDUSTRIES, INC., THE RIGHT, PRIVILEGE, AND FRANCHISE TO LAY, REPLACE, MAINTAIN; OPERATE AND -REMOVE A TEN (10") INCH. PIPELINE COMMENCING AT THE NORTHEAST CITY LIMIT LINE AT OR NEAR RED BLUFF ROAD AND LEAVING: THE SOUTHWEST CITY LIMIT LINE AT A POINT SOUTHWEST OF ARMAND BAYOU, ALL IN THE CORPORATE LIMITS OF THE CITY OF PASADENA; TEXAS, AND IN ACCORDANCE WITH PLANS-AND SPECIFICATIONS HERETOFORE FILED WITH THE DEPARTMENT OF. PUBLIC WORKS, AND THE DEPARTMENT OF PLANNING, FOR- THE FIFTY (50) YEAR TERM HEREIN PROVIDED; PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH SAID RIGHT, PRIVILEGE AND FRANCHISE IS GRANTED; AND PROVIDING FOR THE ACCEPTANCE THEREOF. * BE IT,ORDAINED BY THE CITY COUNCIOPINE Cir-OR-PASADENA: SECTION 1. The City. Councii of thecity of Pasadena, Texas, herein- - after referred to as "City" does/hereby ibject to? alll fof,the pro-s L A. visions hereof, grant to Big-Three Industries, Inc., P.-0. Box 3047, Houston, Texas 77001; hereinafter referred toa as "Grantee", for a C: TLV term.of fifty (50).years from the. G2/6E this ordinance, and subjectt to the terms and conditions hereof; the right, privilege and franchise to lay, replaçe; maintain, operate and remove a ten (10"). inch' pipeline within' the City. limits of the City of Pasadena and- génerally. entering the City limits at a point on Red Bluff. Road, a . said point, being N 519131 w, 50feet from a City,of Pasadena rod, marking the Southeast corner of Webstèr:Bayport Corridor, set in 1968 at'Lambert. Grid. Coordinatès N 77,304.98 -ànd E 74,183.68, THENCE, continuing ina.Southyesterly direction in. the aforesaid Webster- Bayport Corridor and crossing the City of. Pasadena-along Streets, , Bayous, and Privatè Rights-of-Way to its exitat the intersection : ofthe Webster-Bayport Corridor and Pasadena City Limits at,-1 the Southwest City limitline. Said. pipeline to be constructed in ascordançe-with plans and specifications heretofore filed with the Director,oF-Pablie Works' ànd' Director,of City Plarning, which said pipeline shali be a trunk line for the trahsportation of any commodity which can be transported by pipeline. in accordance with said plans Meretoforelldentif.es. AGENDA REQUEST ORDINANCE RESOLUTION NO: 2004-248 2A CAPTION: An Ordinance authorizing and approving the sale and transfer from Air Liquide America L.P. to AL LIP Corporation of pipeline franchise granted by Ordinance No. 74-224; providing a savings clause; and providing for severability. RECOMMENDATIONS & JUSTIFICATION: Original franchisee sold pipeline subject to franchise, and Council approval vof franchise transfer, is required under franchise agreement. 3 (IP ADDITIONAL SPACE: IS REQUIRED, PLEASE ATTACH SBCOND PAGE) COST: TASK NO: BUDGETED: YES NO ACCOUNT NUMBER(S) : REQUESTING DEPARTMENT: Legal APPROVED : RA9 COUNCIL ACTION John S. Schneider, J:DAT:10/14/2004 REQUESTING PARTY (TYPRD) FIRST READING: FINAL READING: 3 2S0 bheee Barkir REQUESTING PARTY (SIGNATURE) MOTION MOTION Welck Phllut CONTROLLER CERTIFICATION SECOND SECOND /0-36-04 11-2-04 LECEARK CITY ATTORNEY DATE DATE Amlrto DEFERRED: MAYOR DWS mmr 10/8/74 & LD FILE NO. 2959 ORDINANCE NO. 74-224 AN ORDINANCE, GRANTING TO:-BIG THREE INDUSTRIES, INC., THE RIGHT, PRIVILEGE, AND FRANCHISE TOLAY, REPLACE; MAINTAIN; OPERATE AND -REMOVE A TEN (10") INCH PIPELINE COMMENCING AT THE NORTHEAST CITY LIMIT LINE AT OR NEAR RED. BLUFF . ROAD AND LEAVINGITHE SOUTHWEST CITY LIMIT LINE AT A POINT SOUTHWEST OF ARMAND BAYOU, ALL IN THE CORPORATE LIMITS OF, THE CITY'OF PASADENA; TEXAS, AND IN. ACCORDANCE WITH: PLANS-AND SPECIFICATIONS HERETOFORE FILED WITH. THE.DEPARIMENT OF. PUBLIC WORKS, AND THE DEPARTMENT OF PLANNING, FOR- THE FIFTY (50) YEAR: TERM HEREIN PROVIDED; PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH SAID RIGHT, PRIVILEGE: AND FRANCHISE IS GRANTED; AND PROVIDING FOR. THE ACCEPTANCE. THEREOE. 1 BE ITORDAINED BY THE CITY COUNCILOPITHE Cir.OF-PASADENA: SECTION -1. The City. Councii of enficity of Pasadena, Texas, herein- after referred toas "City" bj, ect tot ai/of,the pro- ase K A . visions hereof, grant to Big-Three Industries, Inc., P.-0.:1 Box 3047; Houston, Texas 77001, hereinafter referred, CO, as, Grantee", for a C, TLV term. bffifty (so).years from the_date S26 this ordinance,. and suibjectto the térmsand conditions hereof;,the right, privilege and franchise to lay; replaçe; maintain, operate and remove a ten (10"). inch pipeline: within' the City limits of the City of_Pasadena and" génerally entering the City limits at a point on Red Bluff. Road, said poimt, being N 519131 w, 50 feet "from a City, of Pasadena rod, € marking the Southeast corner of Webstèr-Bayport Corridor, set in.1968, at'lambert.Gria- Coordinates'N 77,304.98 "and E 74,183.68, THENCE, continuing in a.Southyesterly direction in, the aforesaid Webster- Bayport Corridor. and crossing the Cityi of Pasadena:along Streets, Bayous, and PriyageRights-of-ay to its exitat the intersection : of the Nebster-Bayport, Corridor and Pasadena City Limits at.the Southiwest'city Timit.-line. Said pipeline to be constructed in ascordançe-with, plans an.specifications heretofore filed with the Director,oE-Publié Works and' Director," of City Planning, which said pipeline shai1 be a trunk line for the transportation of any commodity whichican be transported by pipeline. in accordance with said plans Meratoforelidmtiries. 7. 43 5 1 0 4 i 1 3 d 3 : as - 1 9 3 - ARI) - P * a * r - I a * - de a 3 E 8 a ir 1 o ER e m w 04 * , * NO : a OHEBE - TO0 à o I9E 5 o 3 $ S. * & - s cIO DN a H6) D 0 u ur PR 1 S ! 2 a oT : . TO EXHIBIT"A" a Rto9 % dou o al 3 5 3 E 53 B5 TUFE 34 t - 5 & - * A & - a S s à - A 2 9 - a - x M - a $ * W à a - 1 FSRS & > S a * - K 0 - 5 n - * e o & 9 * a a * s B - a a A - I 4S : A dhe Sat 1 714 606 RA -0OF - NT n AGENDA REQUEST ORDINANCE Lap RESOLUTION Reso A NO: 2025- CAPTION: A resolution to amend Resolution 2024-233, to correct the name of the nominated entity to PCI Nitrogen, LLC in the text of the resolution nominating PCI Nitrogen, LLC as requested by the Office of the Governor Economic Development and Tourism (EDT) through the Texas Economic Development Bank (Bank) as an Enterprise Project. RECOMMENDATIONS & JUSTIFICATION: Resolution 2024-233 states the entity name is PCI Nitrogen, but the correct name is PCI Nitrogen, LLC and needs to be corrected in the nominating statement as indicated/requeated by the Deputy Executive Director with the Office of the Governor Economic Development & Tourism. (IF ADDITIONAL SPACE IS REQUIRED, PLEASE ATTACH SECOND PAGE) BUDGETED: COUNCIL DISTRICT (S) AFFECTED: REQUIRES APPROPRIATION: See attached Certification Bich oslo/as COUNCIL ACTION Rick GUerrero DATE: REQUESTING PARTY (TYPED) FIRST READING : FINAL READING: BUDGET DEPARTMENT MOTION MOTION PURCHASING DEPARTMENT SECOND SECOND APPROVED: 1 A CITY ATTORNEY DATE DATE Awr MAI YOR DEFERRED: : RESOLUTION NO. 2025- A Resolution amending Resolution 2024-233, to correct the name of the entity nominated as an Enterprise Project to PCI Nitrogen, LLC, as requested by the Office of the Governor Economic Development and Tourism (EDT) through the Texas Economic Development Bank (Bank). WHEREAS, Resolution 2024-233 states the entity name is PCI Nitrogen, but the correct name is PCI Nitrogen, LLC and the nominating statement needs to be corrected as has been requested by the Office of the Governor Economic Development & Tourism; and WHEREAS, the City Council of the City of Pasadena, Texas hereby amends Resolution 2024-233 to correct the name of the nominated entity to PCI Nitrogen, LLC for designation as an enterprise project; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That the City Council hereby finds and adopts the preamble to this Resolution. SECTION 2. That that certain Resolution No. 2024-233, nominating PCI Nitrogen, LLC for designation as an enterprise project is hereby amended to reflect the corrected name in the nominating statement. SECTION 3. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the AmendReso126-233.TX8inteprisetme.rciNitrogenuc2s Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof. PASSED, APPROVED AND ADOPTED THIS THE day of A.D., 2025. JEFF WAGNER, MAYOR OF THE CITY OF PASADENA, TEXAS ATTEST: APPROVED: AMANDA F. MUELLER JAY W. DALE CITY SECRETARY CITY ATTORNEY CITY OF PASADENA, TEXAS CITY OF PASADENA, TEXAS AmendResol24-233.TXEnterptisetone. PcINitrogenLLC25 KING & SPALDING King & Spalding LLP 1700 Pennsylvania Avenue, NW Suite 900 Washington, DC 20006-4707 Tel: +I U 12 737 0500 Fax: +1 L 526. 3737 www.kslaw.com Stephanie Yarbrough Partner Direct Dial: +1 3977 syarbroughekslaw.om November 15, 2024 As revised May 29, 2025 VIA EMAIL Karina Tomlinson Amanda Mueller, City Secretary Economic Development Manager 1149 Ellsworth Drive 1149 Ellsworth, Pasadena, TX 77506 Pasadena, TX 77506 ominonepsdemsedc.on muelerepasademaikgox Jeff Wagner, Mayor 1149 Ellsworth Drive Pasadena, TX 77506 nemayorepssdenasgow RE: Texas Enterprise Zone Program Enterprise Project Application ("Application") Letter To whom it may concern, This firm represents PCI Nitrogen, LLC (the "Client") regarding the submission of their Application for the Project (as defined below). This letter is submitted to the City of Pasadena, TX, requesting nomination of the Site (as defined herein), to be nominated as a Texas Enterprise Zone, in accordance with Tex. Gov't Code $2303. In 2016, Elio Mazzella Sr. and Elio Mazzella Jr. acquired the Client as part of the Mazzella family's business holdings. Operating as an independent company, the Client specializes in producing fertilizer products primarily for domestic markets. The Client's headquarters is located at 7 Renaissance Square, White Plains, NY 10601. Their plant at 2001 Jackson Road, Pasadena, TX, was acquired in 2016, then employed 129 employees. Today, the Client currently employs 161 at this location. As a global leader in the production and distribution of bulk chemical fertilizers and industrial chemicals, the Client is amongst the largest producers of synthetic granular ammonium sulfate in North America. The Client's business primarily supplies various types of fertilizer to North American farmers, along with supplying industrial customers with industrial products for water treatment and large-scale mining operations. Their transportation needs are met through a mix of ground (truck and rail) and water transportation, utilizing seabound vessels and domestic barges. The Client generates annual revenue between $250 million and $400 million. The Client's export activity has shifted over time. In 2016, exports accounted for approximately 20-30% of shipments, but today exports represent only about 5%, with most products now serving the North American market. The Client also began importing sulfuric acid in 2016, which has grown significantly from zero to over 200,000 tons in 2024. The Client's current facility is located at 2001 Jackson Rd, Pasadena, TX 77506, Parcel ID: 0450020010030, (the "Original site"). They plan to expand this facility (the "Project") to 2000 Davis Road, Pasadena, TX 77506, Parcel ID: 0410340010005, (the "Expansion Site," collectively with the Original Site, the "Site"). The Expansion Site includes the acid plant, ATS plant, power substation, truck loadout, and gypsum stack but currently has no employees. Since 2016, the Client's production capacity has increased through debottlenecking efforts and the addition of new product lines and activities. To support these expansions, they have added 100,000 tons of storage capacity and enhanced logistical assets. Older, unused facilities are being removed. The Client has about 20 acres for redevelopment, and there is also over a mile of waterfront needing revitalization to support current and future operations. The Project timeline is anticipated to run from 2024 to 2028, with a detailed description of planned capital investments as follows: Alum Plant Component: $8 million 2024: $2.0 million 2025: $6.0 million Expansion Component: Berth 1 (Ammonia Dock): $3-5 million Berth 3 (In & Outbound): $8-10 million Berth 4 (Rock Dock): $5-7 million Berth 5 (Sulfur Dock): $6-10 million Berth 6 (Panamax): 2026: $2 million 2027: $17-27 million 2028: $1 million Replace existing Dry Storage: 2025: $1 million 2026: $22-27 million 2027: $2 million Total Estimated Capital Expenditures: $75-100 million A summary of jobs to be created for benefit during the designation period is as follows: 2r managerial positions 1 professional position 1 tech position 2 sales positions 5 clerical positions 3 craftsman positions 6 operator positions 10 labor positions 3 service/maintenance positions 1 supervisor position Total of34 positions created from 2025 to 2028 Wages between $40/hour to $50/hour There will be 158 existing, jobs retained for benefit under the Project. A summary of existing jobs retained for benefit during the designation period is as follows: 5 executive/senior level managerial positions 24 first/mid-level managerial positions 14 professional positions 3 technician positions 39 craft positions 58 operator positions 11 labor positions 4 administrative support positions Total of 158 existing jobs to be retained during the period All jobs were in place at least 90 days before the Project commencement date. Average weekly wage of --$1,740 across all 158 existing jobs We appreciate your consideration of this request and look forward to working together to achieve Texas Enterprise Zone designation for the Site. Ifyou should have any questions or need additional information, please do not hesitate to call me at (843) 860-1518. Very truly yours, Stpfane gfanbiough Stephanie Yarbrough Enclosures