The city has the right to control and regulate the use of the public right-of-way, public places and other city owned property and the spaces above and beneath them. Company shall comply with all applicable laws, ordinances, rules and regulations, including, but not limited to, city ordinances, rules and policies related to construction permits, construction bonds, permissible hours of construction, operations during peak traffic hours, barricading requirements and any other construction rules or regulations that may be promulgated from time to time.
(a) Pipelines shall not be erected, installed, constructed, repaired, replaced or maintained in any manner that places an undue burden on the present or future use of the public right-of-way by the city and the public. If the city reasonably determines that the pipeline does place an undue burden on any portion of the public right-of-way, the pipeline company, at the pipeline company’s sole cost and expense and within a reasonable time period specified by the city, shall modify the pipeline or take other actions reasonably determined by the city to be in the public interest to remove or alleviate such undue burden.
(b) Prior to the undertaking of any kind of construction, installation, maintenance, removal, repairs or other work that requires the excavation, lane closure or other physical use of the public right-of-way, the pipeline company shall, except for work required to address an emergency, provide at least 48-hours’ advance written notice to the owners of property adjacent to the public right-of-way that will be affected. In the case of emergencies, the pipeline company shall provide notice to the affected landowners within 24 hours after commencement of work.
(c) During any such work, the pipeline company shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public. The use of such traffic-control devices shall be consistent with the standards and provisions of part VI of the Texas Manual on Uniform Traffic-control Devices. The pipeline company shall utilize appropriate warning lights at all construction and maintenance sites where one or more traffic lanes are closed or obstructed during nighttime conditions. The pipeline company shall plan and execute construction of the pipeline so that no flood conditions are created or worsened on the surrounding land. To minimize erosion, the excavated portion of the right-of-way adjacent to the improved portion of the road shall be restored and re-vegetated in a manner approved by the city.
(d) The pipeline company shall bury or have buried its pipeline facilities at least four feet except underneath public roads. Underneath public roads, the pipeline company’s pipeline facilities shall be at least seven feet below the lowest point in such road pavement. When pipeline facilities cannot be bored, during backfill of the pipeline excavation, “buried pipeline” warning tape shall be buried one foot above the pipeline to warn future excavators of the presence of the pipeline. Any deviation to the minimum depth requirement must be approved in writing by the city engineer.
(e) Isolation valves.
The number and location of isolation valves on the pipeline shall be approved by the city and clearly indicated on the construction plans.
(f) Marking of pipeline.
The pipeline shall be marked, in a manner that is reasonably acceptable to the city and the inspection services provider(s), to show conspicuously the pipeline company’s name, a toll-free telephone number of company that a person may call for assistance, and the appropriate Texas One Call System telephone number. Other provisions notwithstanding, an identifying sign shall be placed at each point where a flow line or gathering line crosses a public street or road.
(g) Pavement cut coordination and additional fees.
The city shall have the right to coordinate all excavation work in the public right-of-way in a manner that is consistent with and convenient for the implementation of the city’s program for street construction, rebuilding, resurfacing and repair. To preserve the integrity of the public right-of-way, the pipeline company shall not cut, excavate or otherwise breach or damage the surface of any paved public right-of-way within 96 months following the construction or resurfacing of said public right-of-way unless the pipeline company obtains written consent from the director of public works, which consent shall not be unreasonably withheld, pays an additional fee agreed to by and between the parties, and restores the public right-of-way in accordance with the right-of-way use agreement.
(h) Restoration of public right-of-way and property.
The pipeline company, at the pipeline company’s sole cost and expense, and in a manner approved by the city, shall promptly restore any portion of the public right-of-way, city owned property or other privately owned property that are in any way disturbed or damaged by the construction, operation, maintenance or removal of any of the pipeline to, at pipeline company’s option, as good or better a condition as such property was in immediately prior to the disturbance or damage. The pipeline company shall diligently commence such restoration within 30 calendar days following the date the pipeline company first became aware of the disturbance or damage or, if the pipeline is being removed, within 30 calendar days following such removal. Any private service/utility lines that are in any way disturbed or damaged by the pipeline company’s construction, operation, maintenance or removal of any of the pipeline, shall be repaired at the pipeline company’s sole cost and expense within 24 hours.
(i) Relocation of pipeline.
Within 45 calendar days following a written request by the city, the pipeline company, at the pipeline company’s sole cost and expense, shall protect, support, disconnect, alter or remove from the public right-of-way all or any portion of its pipeline due to street or other public excavation, construction, repair, grading, regarding or traffic conditions; the installation of sewers, drains, water pipes or municipally-owned facilities of any kind; the vacation, construction or relocation of streets or any other type of structure or improvement of public agency; any public work; or any other type of improvement necessary, in the city’s sole discretion, for the public health, safety or welfare. If the pipeline company reasonably requires more than 45 days to comply with the city’s written request, it shall notify the city manager in writing within ten days of receiving notice and the city will work in good faith with the pipeline company to negotiate a workable time frame. Any relocation will require that the public works department, at the pipeline company’s expense, approve the pipeline company’s plans. It is the desire of both parties to determine such relocation within the existing public right-of-way.
(j) Emergencies.
(1) Work by the city.
A public emergency shall be any condition which, in the reasonable opinion of the officials specified herein, poses an immediate threat to life, health or property and is caused by any natural or manmade disaster, including, but not limited to, storms, floods, fires, accidents, explosion, water main breaks and hazardous materials spills. In the event of a public emergency, the city shall have the right to take whatever action is deemed reasonably appropriate by the city manager or fire chief, or their authorized representatives, including, but not limited to, action that may result in damage to the pipeline, and company hereby:
a. Releases the city, its officers, agents, servants, employees and subcontractors from liability or responsibility for any damages that may occur to the pipeline or that the pipeline company may otherwise incur as a result of such necessary response; and
b. Agrees that the pipeline company, at the pipeline company’s sole cost and expense, shall be responsible for the repair, relocation or reconstruction of all or any of its pipeline that is affected by such action of the city. In responding to a public emergency, the city agrees to comply with all local, state and federal laws, including, without limitation, any requirements to notify the Texas One Call System, to the extent that they apply at the time and under the circumstances. In addition, if the city takes any action that it believes will affect the pipeline, the city will notify the pipeline company as soon as practicable so that company may advise and work with the city with respect to such action.
c. Work by or on behalf of the pipeline company. In the event of an emergency that directly involves any portion of the pipeline and necessitates immediate emergency response work on or repairs, the pipeline company may initiate the emergency response work or repairs or take any action required under the circumstances provided that the pipeline company notifies the city as promptly as possible. After the emergency has passed, the pipeline company shall apply for and obtain a construction permit from the city and otherwise fully comply with the requirements of the right-of-way use agreement.
(k) Removal of pipeline.
(1) Pipeline company obligated to remove.
Upon the revocation, termination or expiration without extension or renewal of an agreement, the pipeline company’s right to use the public right-of-way under the agreement shall cease and the pipeline company shall immediately discontinue the transportation of gas in or through the city. Within six months following such revocation, termination or expiration and if the city requests, the pipeline company at the pipeline company’s sole cost and expense, shall remove the pipeline from the public right-of-way (or cap the pipeline, if consented to by the city), in accordance with applicable laws and regulations.
(2) City’s right to remove.
If the pipeline company has not removed all of the pipeline from the public right-of-way (or capped the pipeline, if consented to by the city) within six months following revocation, termination or expiration of an agreement, the city may deem any portion of the pipeline remaining in the public right-of-way abandoned and, at the city’s sole option:
a. Take possession of and title to such property; or b. Take any and all legal action necessary to compel company to remove such property; provided, however, that company may not abandon its facilities or discontinue its services within the city without the approval of the commission or successor agency or any other regulatory authority with such jurisdiction.
(3) Restoration of property.
Within six months following revocation, termination or expiration of an agreement, the pipeline company shall also restore any property, public or private, that is disturbed or damaged by removal (or, if consented to by the city, capping) of the pipeline. If the pipeline company has not restored all such property within this time, the city, at the city’s sole option, may perform or have performed any necessary restoration work, in which case the pipeline company shall immediately reimburse the city for any and all reasonable costs incurred in performing or having performed such restoration work.
(Ordinance 1852, § 1, 6-23-09)