The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Common carrier pipeline.
Common carrier pipelines as defined in chapter 111 of the Texas Natural Resources Code and other main pipelines not included in the definition of gathering lines.
Gathering lines.
All pipelines operated incidentally to the development and operation of any oil and/or gas wells, or oil and/or gas fields and/or secondary recovery projects.
Owner or operator.
Any person who owns or operates a pipeline.
Person.
Any individual, corporation, joint venture, partnership, limited liability company, limited partnership, limited liability partnership, municipality or legal entity, including trustee, assignee, receiver and personal representative.
Pipeline.
All parts of a pipeline facility through which gas, hazardous liquid or carbon dioxide moves in transportation, including, but not limited to, pipeline, valves and other appurtenances connected to line pipe, compressor units, pumping units, fabricated assemblies associated with compressor units, pumping units, metering and delivery stations, holders, and fabricated assemblies therein and breakout tanks, including but not limited to common carrier pipelines and gathering lines as defined by this section.
(Ordinance 2007-08, sec. 1, adopted 7/26/07)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined as provided in section 1.01.009 of this code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 2007-08, sec. 10, adopted 7/26/07)
(a) 
Where feasible, a new or relocated common carrier pipeline shall be located within existing pipeline corridors within the city. The feasibility of locating the new or relocated common carrier pipelines in established corridors in the city shall be considered from the perspective of the owner or operator, taking into consideration the following:
(1) 
The availability and cost of corridor space;
(2) 
The availability and cost of right-of-way to and from the corridor;
(3) 
Technical, environmental, safety, efficiency and cost issues related to building, operating and maintaining both the portion of the common carrier pipeline that would be located in the corridor and the lengths of common carrier pipeline required to gain access to and from the corridor;
(4) 
Any delays in right-of-way acquisition or pipeline construction that may result from routing through a corridor;
(5) 
The availability of an alternative right-of-way to the owner or operator; and
(6) 
All other matters that a prudent owner or operator would consider in selecting the route for a new or relocated common carrier pipeline.
Provided that the owner or operator has considered in good faith the use of corridors established in the city, the determination of the owner or operator as to feasibility shall be determinative.
(b) 
When it is not feasible for a new or relocated common carrier pipeline to be located within the designated corridors, the common carrier pipeline should, to the extent practical:
(1) 
Follow property boundaries of fee parcels or existing easements to avoid unnecessary fragmentation of land and avoid diagonal routes that would create slivers of land between public ways, except as follows:
(A) 
Manmade or topographical features are in the public interest;
(B) 
Boundary lines or existing easements are impractical under the circumstances;
(C) 
Boundary lines or existing easements pose safety concerns; or
(D) 
Boundary lines or existing easements would not be feasible.
(2) 
Avoid areas of unique recreational or aesthetic importance, environmentally sensitive areas and areas of historical or cultural significance.
(3) 
Avoid conflict with existing urban developments as well as with the location and opening of planned future streets and laying of planned water, sanitary sewer and storm sewer lines incident to such future development.
(Ordinance 2007-08, sec. 5, adopted 7/26/07)
(a) 
In accordance with U.S. Department of Transportation and state railroad commission requirements, the pipeline owner or operator is to place and maintain permanent line markers as close as practical over the pipeline at each crossing of a public street or railroad. All markers required in this subsection shall be placed along the pipeline in accordance with all applicable rules and regulations. The markers shall be of sound construction and shall contain labeling identifying the following:
(1) 
The pipeline owner or operator;
(2) 
The 24-hour contact telephone number; and
(3) 
A broad description of the product transported in the pipeline.
(b) 
No person shall tamper with, deface, damage or remove any pipeline marker, except the pipeline owner or his duly authorized agent, within the city’s jurisdiction.
(c) 
Upon the specific written request of the owner of a residential property and reasonable advance notice, the pipeline owner or operator shall install temporary pipeline markers to reduce the possibility of pipeline damage or interference.
(Ordinance 2007-08, sec. 6, adopted 7/26/07)
Each pipeline owner or operator shall apply to the city for a right-of-way license agreement for any pipeline on, over, under, along or across the city streets, sidewalks, alleys and other city property for the purpose of excavating, constructing, laying, maintaining, operating, repairing, replacing and removing pipelines so long as production or operations may be continued, and then only in strict compliance with the ordinances of the city and the terms of the license agreement. Each pipeline owner or operator shall:
(1) 
Not interfere with or damage existing water, sewer or gas lines or the facilities of public utilities located on, under or across the course of such rights-of-way.
(2) 
Furnish to the city a plat showing the location of such pipelines.
(3) 
Construct such lines out of pipe in accordance with city and state codes and regulations, properly cased and vented if under a street.
(4) 
Grade, level and restore such property to the same surface condition, as nearly as practicable, as existed when operations for the drilling of the well were first commenced.
(5) 
Immediately remove substantial accumulations of dirt, dust, mud or other debris deposited on city thoroughfares by vehicles involved in the pipeline installation process.
(6) 
Prior to any pipeline being placed in service, it shall be proof pressure tested in accordance with industry standards.
(7) 
Pipelines and pipeline crossings shall be constructed, buried and covered in accordance with industry standards and the regulations of the state.
(8) 
Pay any associated right-of-way license agreement fees.
(Ordinance 2007-08, sec. 7, adopted 7/26/07)
It shall be unlawful and an offense for any person, acting either for himself or acting as agent, employee, independent contractor or servant for any person, to knowingly install or relocate a common carrier pipeline over, under, along, or across a public street or alley or private residential area within the boundaries of the city without a permit having first been issued by the authority of the city administrator, or his designated representative, in accordance with the terms of this article.
(Ordinance 2007-08, sec. 2, adopted 7/26/07)
(a) 
Every application for a permit to install a common carrier pipeline shall be in writing, signed by the applicant or some person duly authorized to sign on his behalf, and it shall be filed with the city. The application shall be accompanied by a filing fee in the amount of $750.00, such fee to be in cash, cashier’s check or certified check, made payable to the city.
(b) 
A separate application shall be required for each new or relocated common carrier pipeline. The application shall include the following:
(1) 
Date of the application.
(2) 
Name of the operator.
(3) 
Address of the applicant.
(4) 
A description of the substances to be carried.
(5) 
A map with summarized specifications showing the location of the common carrier pipeline within the city and its extraterritorial jurisdiction, as well as all public right-of-way crossings and demonstrating the depth, pressure rating and dimensions of the proposed common carrier pipeline as well as the location of any shutoff valves.
(6) 
A summary description of the time, location, manner, means and methods of the installation of the proposed pipeline.
(7) 
The names, titles and telephone numbers of the following persons:
(A) 
The person submitting the information;
(B) 
The principal contact for submittal information; and
(C) 
The 24-hour emergency contact, who:
(i) 
Can initiate appropriate actions to respond to an emergency;
(ii) 
Has access to information on the location of the closest shutoff valve to any specific point in the city or its jurisdiction; and
(iii) 
Can furnish the common name of the material then being carried by the common carrier pipeline.
(8) 
A statement that the common carrier pipeline complies with the applicable standards required by this article as well as all applicable federal, state and local laws and regulations..
(Ordinance 2007-08, sec. 3, adopted 7/26/07)
(a) 
Upon demonstrated compliance with the provisions of this article, the applicant shall be entitled to issuance of the permit.
(b) 
Issuance of the permit alone does not constitute authority to locate a pipeline within a public right-of-way. Installation of a pipeline within a public right-of-way shall require the express written consent of the city council pursuant to an approved license agreement.
(Ordinance 2007-08, sec. 4, adopted 7/26/07)