City of Richland Hills, TX Oil and Gas Pipeline Registration

A pipeline operator submitting a registration request for approval as required by this article may apply for a variance from the requirements of this article by submitting a written request for variance to the pipeline administrator. The request must include the following, where applicable:

A description of the requested variance and an explanation of why it should be granted; and

A brief description of alternatives considered and why the requested variance is the preferred alternative; and

A description of the economic consequences if the variance is not granted; and

A description of how the variance is consistent with the goals and purposes of this article; and

A site plan of the site visually depicting the requested variance if the variance requested involves locating the proposed pipeline contrary to the requirements of this article; and

A consent agreement signed by all owners of the surface estate of any lot or property upon or under which the pipeline is to be placed or evidence that the pipeline operator owns the lot or property.

The pipeline administrator shall review the application for completeness, and if the pipeline administrator determines that the application is incomplete, the pipeline administrator shall return the application within 14 calendar days of receipt to the applicant unfiled with a written description of the deficiencies in the application.

If the pipeline administrator determines that the application is complete, the pipeline administrator shall place the variance request on the city council agenda for consideration with any recommendations and notations the pipeline administrator deems appropriate. In considering the variance, the city council may take into account the following:

Whether the variance proposed is reasonable under the circumstances and conditions prevailing in the area, considering the particular location and the character of the improvements located there; and

Available alternatives; and

Whether the variance proposed would conflict with the orderly growth and development of the city based on the city's comprehensive plan, the city's current development plans for stormwater drainage, streets, sanitary sewers or other public infrastructure or any applications for other development then currently pending; and

The economic consequence if the variance is not granted; and

Whether the operations proposed adequately protect the public interests and goals and objectives of this article.

In order to be approved, a proposed variance must receive the affirmative vote of a majority of the members of the city council then present. The vote, including any conditions for granting the requested variance, shall be recorded and entered in the files of the city secretary, and the pipeline administrator shall notify the operator as to whether the city council has approved or denied the variance request and identify any conditions placed upon an approval.

If the city council does not act upon any variance application accepted for filing as complete within 45 calendar days of such filing, the variance request shall be deemed approved.

A variance application that accompanies an application for a specific use permit may be considered with and granted as part of the specific use permit application.

[Ord. No. 1142-09, § I, 3-10-2009]

§ 86-505 Appeal procedure.

A pipeline operator or the owner of any property interest in the surface of any real property located adjacent to or within 300 feet of any proposed above-ground pipeline improvements or structures may appeal a decision of the pipeline administrator by filing written notice of such appeal to the pipeline administrator within 14 calendar days of notice of such adverse decision. Appeal by the owner of any property interest in the surface of any real property located adjacent to or within 300 feet of any proposed above-ground pipeline improvements or structures shall be limited to decisions of the pipeline administrator with regard to compliance with section 86-509 herein. The notice of appeal must state the appellant's desire to appeal, the ruling from which the appellant desires to appeal and the relief or ruling sought. Any such appeal shall be to the city council. The decision of the city council concerning an appeal under this article shall be final. The decision being appealed shall not be suspended pending such appeal.

Any appeal under this article shall be governed by the following rules and procedures:

Such appeal shall be set as an item on the regular city council agenda; and

The appellant shall bear the burden of persuasion that the ruling being appealed is in error and shall bear the burden of proof on such matter; and

No formal testimony or swearing of witnesses shall be required, and the city council may consider facts or evidence as the city council determines is appropriate. The pipeline administrator or the pipeline administrator's designee shall present the facts and evidence relief upon by the pipeline administrator and the reasons for the ruling; the appellant shall then have an opportunity to present the facts and evidence relied upon by the appellant; the city council shall then consider any facts or evidence from the public or other interested persons. The city council may ask questions of the pipeline administrator or the pipeline administrator's designee, appellant and any other interested persons as the city council determines is appropriate. The city council may limit the time for any presentation in its sole discretion; and

Upon the conclusion of the hearing, the city council shall then render its decision affirming, reversing or modifying the decision of the pipeline administrator. Any appeal shall be determined by majority vote of the members of the city council then present; and

Written documents or evidence which any party wishes to submit must be filed with the pipeline administrator and submitted to the city council no less than three business days prior to the appeal hearing; and

The decision of the city council shall be final.

[Ord. No. 1142-09, § I, 3-10-2009]

§ 86-506 Pipeline registration procedure and requirements.

Not less than 30 calendar days prior to the scheduled commencement of the installation, construction, modification, replacement or commencement of operation of a pipeline facility, the pipeline operator shall submit an application to the pipeline administrator and pay a fee to the city in the amount set in the city's fee schedule for a conceptual routing registration application.

A conceptual routing registration application shall include five paper sets and one electronic set of plans including the information required in this section.

The following information shall be provided in the application for a conceptual routing registration:

Preliminary construction alignment sheets identifying in concept all of the following:

The proposed pipeline facility; and

All tracts crossed or contiguous to and within 300 feet of, the proposed centerline of the proposed pipeline facility route, including but not limited to all public streets, alleys and rights-of-way and other city property;

To the degree known, the location and depth of all existing public or private infrastructure and utilities, including but not limited to water, sanitary sewer, wastewater, gas, electric, telephone, cable and fiber optic lines and other public utilities improvements located on, over, under, along or across such city streets, rights-of-way and other city property within the proposed pipeline easement; and

The location of all proposed above-ground improvements and structures; and

The names and address of all owners of the surface estate of all tracts crossed by or within 300 feet of the proposed pipeline facility route, as disclosed by a title search or the Tarrant Appraisal District; and

The name, business addresses and telephone numbers of the pipeline operator; and

The names, titles and telephone numbers of the following:

The person signing the application on behalf of the pipeline operator; and

The person designated as the principal contact for the submittal; and

The person designated as the 24-hour emergency contact; and

The origin point and the destination of the proposed pipeline facility; and

A text description of the general location of the proposed pipeline facility; and

(7)

A description of the substance to be transported through the proposed pipeline facility; and

(8)

A description of the distance from the nearest existing habitable structures and congregated areas; and

(9)

A binder or certificates of all bonds and insurance to the extent required under this article or a license or agreement with the city.

The pipeline administrator shall return any application that fails to meet these requirements marked "unfiled" to the applicant within 30 calendar days after the date of filing of said application and plans, with an explanation as to any deficiencies. If the application is not returned unfiled within such 30 calendar days, it shall be deemed approved. If the pipeline administrator determines that the application complies with the requirements of this article, the pipeline administrator shall approve the application and accept the registration. If the pipeline administrator determines that the application does not comply with the requirements of this article, the pipeline administrator may deny the application. If an application is denied, the pipeline administrator shall notify the applicant in writing of the denial with an explanation of all deficiencies. The applicant may file an amended application within 30 calendar days of such denial without paying a new registration fee.

Upon the filing of an administratively complete pipeline facility registration application, the pipeline administrator may request the pipeline operator to attend an administrative conference to seek resolution of any substantive, non-resolved issues.

If there is any change in any of the items required in the pipeline facility registration application after the filing of the application, the applicant must immediately inform the pipeline administrator and file an amended pipeline registration application. If the pipeline administrator has not yet approved the application, no new registration application fee shall be required. If the pipeline administrator has already approved the application, the amended permit shall be considered a new registration application and the applicant shall pay a new registration application fee.

(g)

If construction of a pipeline facility subject to a particular registration has not commenced within six months of the date of approval of the pipeline conceptual routing registration or if the pipeline facility subject to a particular registration has not been completed and the surface restored within one year of the date of approval of the pipeline conceptual routing Registration, the applicable pipeline conceptual routing registration shall expire; provided, however, that the pipeline administrator may grant an extension of time not to exceed one year if the pipeline administrator determines that weather or other unexpected conditions justify such an extension. If the pipeline conceptual routing registration expires as provided herein, and construction of the pipeline facility has commenced but has not yet been completed, the pipeline operator shall immediately file another application or cease construction and complete any site remediation required by this article or other applicable law, regulation or ordinance.

[Ord. No. 1142-09, § I, 3-10-2009]

§ 86-507 Pipeline license required.

Nothing in this article shall constitute permission for the use of any street, right-of-way or property of the city, and any such use shall be subject to the city's approval of a license or easement permitting the use at its sole discretion. Prior to installing, constructing, maintaining, repairing, replacing, modifying, removing or operating a pipeline facility on, over, under, along or across any affected city streets, rights-of-way or other city property, the pipeline operator shall obtain a license or easement to use such city-owned streets, rights-of-way and other property. Pipeline facility operations shall continue only while such easement or license shall continue and such easement or license shall continue as long as the pipeline operator maintains pipeline facilities within the area subject to the easement or license and shall terminate when the pipeline operator expressly abandons the pipeline facilities within the area subject to the easement or license. No license shall be approved or issued if the proposed pipeline facility does not fully conform to all provisions of this article and all other applicable city ordinances, and all applicable federal and state laws and regulations.

Each such license or easement agreement shall include a requirement that the pipeline operator place and maintain in good repair and condition permanent line markers as close as practical over the pipeline facility at each crossing of a city street or right-of-way in order to assist the city public works department and other utility providers in identifying the exact location of such pipeline facility and avoid costly damages and time-consuming repairs.

[Ord. No. 1142-09, § I, 3-10-2009]

§ 86-508 Protection of present and future utility infrastructure.

Prior to installing, constructing, maintaining, repairing, replacing, modifying, removing or operating a pipeline facility on, over, under, along or across any affected city streets, rights-of-way or other city property, and prior to any license or easement agreement becoming effective, the pipeline operator shall certify that the proposed routing will either have no impact on any public or private infrastructure located on, over, under, along or across such city streets, rights-of-way and other city property or reach an agreement with the pipeline administrator as to the means by which the operator will address any impact on such infrastructure. The pipeline operator shall also comply with any bond requirements established in this article or otherwise required by the city. In any event, the pipeline operator shall be responsible for all interference with or damages caused by the operator's activities in or around such city right-of-way or property to any existing public or private infrastructure and utilities, including but not limited to water, sanitary sewer, wastewater, gas, electric, telephone, cable and fiber optic lines, and other public utilities improvements located on, over, under, along or across such city streets, rights-of-way and other city property.

The pipeline operator shall install line markers at each point a pipeline facility crosses a city street, alley or right-of-way or other city property, in order to assist the city public works department and other utility providers in identifying the exact location of such pipeline facility and avoid costly damages and time-consuming repairs. Each such line marker shall be of permanent type construction and contain labeling identifying the:

Pipeline operator; and

Twenty-four-hour contact telephone number; and

The size of such pipeline facility; and

A general description of the product transported in the pipeline; e.g., natural gas, oil or petroleum.

The pipeline operator shall maintain all such line markers in good condition, shall promptly replace any such line markers that are lost or stolen, and shall promptly repair any such line markers that require re-painting or other repair.

No person shall tamper with, deface, damage or remove any pipeline marker, except the pipeline operator.

No city streets, rights-of-way or other city property may be crossed by open cut without prior written agreement by the city. During the backfill of any pipeline excavations on city streets, rights-of-way or other city property, the pipeline operator shall bury "buried pipeline" warning tape one foot above any such pipeline to warn future excavators of the presence of a buried pipeline. Such warning tape is required only in situations in which open trenching is used and is not required in other installation methods including without limitation, boring.

The pipeline administrator may require that sections of a proposed pipeline facility to be located in or under a city street, alley or other right-of-way or other city property be constructed at deeper depths or be relocated based upon a conflict with a planned or anticipated city infrastructure improvement.

[Ord. No. 1142-09, § I, 3-10-2009]

§ 86-509 Protection and preservation of aesthetics within the city.

Within 30 calendar days after completion of pipeline facility construction on any property within the city, the pipeline operator shall backfill all trenches and pits and grade, level and restore the affected property to the same surface condition as nearly practicable as existed before operations were first commenced or such better condition as agreed by the pipeline operator and the owners of the surface estate of such property, unless the pipeline operator files with the city a written agreement signed by all owners of the surface estate of such property providing other terms, but in no event shall such written agreement permit the continuation of any open pit, mound of dirt or debris or other evidence of pipeline facility construction unless approved in advance in writing by the pipeline administrator for good cause shown. In no event shall financial considerations alone be considered good cause.

The pipeline operator shall take reasonable steps to preserve all trees within the city easement or right-of-way in which the pipeline operator's pipeline facility is located and shall replace any trees which are removed or which, in the determination of the landscape administrator, die because of pipeline facility construction, modification or repair operations, with approved trees of equal size up to four caliper inches in size. For each tree larger than four caliper inches in size which is removed or, in the determination of the landscape administrator, dies because of pipeline facility construction, modification or repair, the pipeline operator may elect to plant a single approved tree of equal or greater size or multiple trees which collectively total an equal or greater number of caliper inches as the tree which is removed or dies. The pipeline operator shall refer to the city's landscape ordinance for a list of approved trees. Any replacement trees need not be planted in the same location or even within the pipeline easement, but instead may be planted as follows: (1) at other locations on the affected lot as agreed between the pipeline operator and the lot owner; or (2) if the lot owner elects to forego planting any such replacement trees on the affected lot, at such other location owned by the lot owner within the city as agreed upon by the pipeline operator and the lot owner; or (3) if the lot owner elects to forego planting any such replacement trees on property within the city owned by the lot owner, at such location on city property as designated by the landscape administrator. If the pipeline operator fails to plant such replacement trees within 90 calendar days of the completion of construction of the pipeline facilities, or such later time as agreed upon by the pipeline administrator has agreed to in writing, the pipeline operator shall pay to the city an amount equal to the fair market value of such replacement trees, including planting costs, as determined by the landscape administrator, and such amount shall be placed in a tree mitigation fund to be used by the city for landscaping and tree planting.

Design requirements:

In all zoning districts except the I-2 Heavy Industrial zoning district, the pipeline operator shall enclose all gas compressor units within sound attenuation structures compatible with the visual appearance of the surrounding development as set forth in this section; and

A pipeline operator shall design and construct all above-ground pipeline related improvements and structures in accordance with all landscaping, setback and height requirements applicable in the zoning district where such equipment is located, and in accordance with all landscaping, design and materials requirements of this article. All above-ground pipeline-related improvements not fully enclosed in a structure shall be screened from any public right-of-way and any residentially or commercially zoned property either by a masonry fence or by a wrought iron fence or approved evergreen trees and/or shrubs. All shrubs shall be no less than 48 inches in height when planted, and no less than 72 inches when mature. All trees shall be a minimum of two caliper inches in size when planted. If pipeline related improvements are to be screened by landscaping, and such improvements exceed 72 inches in height, such improvements will be screened by both shrubs and trees meeting the requirements specified above. All such landscaping shall be in addition to and not in lieu of other landscaping required by this article or other city ordinance; and

All landscaping required shall be maintained by the pipeline operator for so long as such above-ground pipeline-related improvements or structures remain on the property; and

If such gas compressor unit is located in a residential zoning district, the required sound attenuation structure unit shall have the visual appearance of a roof with a slope or pitch which is not less than the greater of (i) 5/12; or (ii) the average roof pitch of existing residential structures located within 1,000 feet of the lot on which the structure will be constructed. The pipeline operator may achieve the desired appearance by application of one of the following design devices: (i) a flat roof with a sloped structural element along the perimeter of the roof to provide the appearance of a sloped roof; or (ii) if no roof is provided, a sloped structural element along the perimeter of the top of the structure to provide the appearance of a sloped roof; and

Prior to commencing construction of such above-ground improvements and/or structures, the pipeline operator must first obtain a pipeline above-ground improvement permit allowing construction of such improvements and/or structures. Any application for such permit shall be filed with the pipeline administrator and shall be accompanied by the required fee and three copies of proposed design and landscape plans showing compliance with the requirements of this article. If the permit complies with the requirements in this article, the pipeline administrator shall provide a copy of such plans to the chief building official and the landscape administrator. All construction shall comply with the design and landscape plans approved by the city. Such application shall be deemed approved if not rejected within 15 days of the date of the application; and

Except to the extent expressly permitted otherwise in this article, structure facades shall be constructed to comply with the design and exterior masonry and materials requirements of the zoning district in which such structure is located, as specified in chapter 90 of this Code; and

(7)

Any screening required around a compressor station may be located immediately adjacent to compressor pad site.

All above-ground pipeline facilities and any related equipment and improvements, including all gas regulator and compressor station equipment shall comply with the city's lighting and noise ordinance standards, and shall not create any noise that causes the exterior noise level to exceed the pre-development ambient noise levels as measured at the property line of the lot upon which such pipeline facilities, equipment or improvements are located by more than five decibels in commercial and industrial zoning districts and zero decibels in residential zoning districts. The pipeline operator shall be responsible for contacting the city code enforcement department and arranging for the establishment of the pre-development ambient noise level prior to issuance of the building permit for the pipeline facility.

[Ord. No. 1142-09, § I, 3-10-2009]

§ 86-510 Pipeline facilities installation conditions.

A pipeline operator shall comply with the conditions established in this section governing mapping, inventorying, locating or relocating of the pipeline facility within private residential areas within the boundaries of the municipality.

All new or relocated pipeline facilities within private residential areas shall be located within existing pipeline corridors within the city, or if there is no existing pipeline corridor available for such installation, along the perimeter of such property and as far from any existing or planned buildings as physically possible, unless the pipeline operator of the pipeline facility is able to demonstrate to the pipeline administrator that such alignment is infeasible. In addition to the criteria for a variance set forth in this article, the pipeline administrator shall consider the following criteria when determining the feasibility of locating the pipeline facility in existing pipeline corridors in the city:

The availability and cost of existing pipeline corridor space; and

The availability and cost of easement rights to and from the existing pipeline corridor; and

Environmental, aesthetic, and development cost issues related to building, operating and maintaining both the portion of the pipeline facility that would be located in the existing pipeline corridor and the lengths of the pipeline facility required to gain access to and from the existing pipeline corridor; and

Any delays in right-of-way acquisition or construction of the pipeline facility that may result from routing through an established pipeline corridor; and

The availability of an alternative easement path to the pipeline operator.

If the pipeline administrator determines it is not feasible for a pipeline facility to be located within an existing pipeline corridor within private residential areas, and unless tree preservation regulations dictate otherwise, the pipeline operator of such pipeline facility must:

For platted property, be located within mandatory front, side yard or rear setback areas; and

For un-platted property, be contiguous and adjacent to the property boundaries of fee parcels or existing easements to avoid unnecessary fragmentation of land and avoid diagonal routes that would create unusable slivers of land; and

Avoid conflict with the location and opening of existing and planned future streets and laying of planned water, sanitary sewer and storm sewer lines.

[Ord. No. 1142-09, § I, 3-10-2009]

§ 86-511 Bond and insurance requirements.

In the event that a license is issued for pipeline facility or other operations under this article for installing, constructing, maintaining, repairing, replacing, modifying, removing or operating a pipeline facility on, over, under, along or across any affected city streets, rights-of-way or other city property, no actual operation shall be commenced until the pipeline operator files with the city secretary a performance bond meeting the following requirements:

A duly executed bond executed by the pipeline operator or, if approved by the pipeline administrator, by the pipeline operator's general contractor as principal, and by a surety company with an A.M. Best Financial Strength Rating of "A-" or better that is acceptable to the city and is licensed to conduct business in the state, such bond to be in the sum of $50,000.00 or double the amount of the city's estimate of cost of restoration, whichever is greater, unless another amount is agreed to in writing by the city pursuant to a license agreement; and

The surety company shall have and maintain at all times the bond is in effect an A.M. Best "A-" rating for the policy period. Said bond shall provide that the pipeline operator, its heirs, assigns and successors will do the following:

Comply with the terms and conditions of the application and this article in the construction, operation and maintenance of the pipeline and related structure(s); and

Restore all streets, sidewalks, curbs, gutters, sanitary sewers, stormwater sewers and other drainage facilities and all other public improvements and public or franchised utilities that may be injured or damaged in the construction of any pipeline facilities permitted under the license to their condition immediately preceding the commencement of such construction activities or better; and

Remove all litter, machinery, buildings, trash and waste used, accumulated or allowed in the course of such construction activities within ten calendar days of the completion of such construction activities.

The bond must be approved by the pipeline administrator and filed with the city secretary. Such bond shall become effective upon the granting of the license and must remain in full force and effect so long as such pipeline is in operation, and until all work under the terms of such license has been completed and the license is terminated. Such bond may later be amended to include other pipeline facilities operated by the pipeline operator upon the request of the pipeline operator; and

A pipeline operator that operates or plans to operate multiple pipeline facilities in the city may utilize a blanket bond in a form mutually agreed upon by the pipeline administrator and the pipeline operator.

In the event that a license is issued for a pipeline facility or other operations under this article for installing, constructing, maintaining, repairing, replacing, modifying, removing or operating a pipeline facility on, over, under, along or across any affected city streets, rights-of-way or other city property, unless otherwise agreed in such license agreement, no actual operation shall be commenced until the pipeline operator files with the city secretary the following insurance policies:

Worker's compensation at statutory limits; and

Employer's liability, including bodily injury by accident and by disease, for $500,000.00 combined single limit per occurrence and a 12-month aggregate policy limit of $1,000,000.00; and

Commercial general liability coverage, including blanket contractual liability, products and completed operations, personal injury, bodily injury, broad form property damage, operations hazard, pollution, explosion, collapse and underground hazards, with minimum personal injury/bodily injury limits of $1,000,000.00 per person and $5,000,000.00 per occurrence, minimum property damage limits of $10,000,000.00 per occurrence, and a 12-month aggregate policy limit of $10,000,000.00; and

Automobile liability insurance (for automobiles used by the pipeline operator in the course of its performance under the license, including employer's non-ownership and hired auto coverage) for $2,000,000.00 combined single limit per occurrence.

Each such policy shall (i) name the city and its officers, officials, employees, agents, representatives, successors and assigns as additional insured parties; (ii) be issued by a carrier with an A.M. Best Financial Strength rating of "A-" or better; and (iii) remain in full force and effect and be carried so long as such pipeline facility is operated and until all work under the terms of such license has been completed and the license is terminated. A certificate of insurance shall be furnished annually by the applicant or the subsequent pipeline operator showing that such insurance is and continues in effect. If any such policy is written as "claims made" coverage and the city is required to be carried as an additional insured, then the pipeline operator subject to this article shall purchase policy period extensions so as to provide coverage to the city for a period of at least two years after the last date that the license is in effect.

The city may adjust the bond and insurance policy limits described above every five years during the term of the license, or sooner as determined by city council, to compensate for the effects of inflation with the objective to maintain the value of coverage as of the effective date of this article.

Each policy or an endorsement thereto, except those for worker's compensation and employer's liability, shall name the city and its officers, officials, employees, agents, representatives, successors and assigns as additional insured parties, but limited to risks indemnified pursuant to this article. No deductible shall exceed $1,000,000.00 per occurrence or one percent of the consolidated net worth of such pipeline operator and its permitted affiliates, whichever is greater.

Each pipeline operator subject to this article shall assume and bear any claims or losses to the extent of deductible amounts.

(g)

All such policies and certificates shall contain an agreement that the insurer shall notify the city in writing not less than 30 calendar days before any material change, reduction in coverage or cancellation of any policy. Each pipeline operator subject to this article shall give written notice to the city within seven calendar days of the date upon which total claims by any party against such pipeline operator reduce the aggregate amount of coverage below the amounts required by this article.

(h)

Each policy must contain an endorsement to the effect that the insurer waives any claim or right in the nature of subrogation to recover against the city, its officers, officials, employees, successors and assigns.

(i)

Each policy must contain an endorsement that such policy is primary insurance to any other insurance available to the city as an additional insured with respect to claims arising thereunder.

(j)

In the event an operator and its affiliates install multiple pipeline facilities within the city, then the operator and its affiliates shall only be required to obtain one blanket bond and one certificate of insurance, provided that the cumulative coverage provided is at least as great as the total that would be provided using separate bonds in the amounts required herein for all facilities within the city. Individual bonds and separate insurance certificates for each individual pipeline facility shall not be required.

(k)

Each pipeline operator may comply with the insurance requirements of this section through a combination of self-insurance, primary and excess insurance policies, provided that for any self-insurance component, the pipeline operator provides the administrator with evidence reasonably satisfactory to the city establishing the existence of sufficient self-insurance funds.

[Ord. No. 1142-09, § I, 3-10-2009]

§ 86-512 Notice requirements.

The pipeline operator shall give written notice to the city and to all owners of structures that are located within 300 feet of the proposed centerline of the pipeline facility at least 72 hours prior to the commencement of pipeline facility construction or non-emergency repair or modification. Notice to the city shall be sent to the pipeline administrator. Notice to the city may be by hand delivery, facsimile transmission, united states express mail or other reliable expedited delivery service, and shall be deemed delivered when actually received by the city. Notice to owners of structures that are located within 300 feet of the proposed centerline of the pipeline facility may be by hand delivery, United States express mail, other reliable expedited delivery service or United States regular mail. Notice by hand delivery or facsimile transmission shall be deemed delivered when actually received by the addressee, or if sent by United States express mail or other reliable expedited delivery service, at 5:00 p.m. on the first business day after mailing, or if by United States regular mail, at 5:00 p.m. three business days after date of mailing.

[Ord. No. 1142-09, § I, 3-10-2009]

§ 86-513 Approved registration post-construction filing requirements.

Within 180 calendar days after completion of pipeline facility construction under or through city rights-of-way, easements or fee properties, the pipeline operator shall provide the city with record drawings for such pipeline facility that is constructed under or through city rights-of-way, easements or fee properties. This requirement shall be deemed a requirement of any license agreement authorizing any pipeline facility that is constructed under or through any city right-of-way, easement or fee property. Such record drawings shall comply with the following:

Accuracy of record drawings shall meet a survey level of one foot to 50,000 feet; and

The scale of record drawings shall be a minimum of one inch to 40 feet; and

Record drawings shall also be supplied in a DFF digital file format with the location tied to at least one nearby GPS (global positioning system), city monument; and

If the new pipeline facility length exceeds 1,000 feet within the city-owned right-of-way, easement or fee property, then such pipeline facility shall be tied to at least two GPS city monuments; and

Record drawings shall include:

the exact pipeline facilities easement boundaries and pipeline facilities location within the respective city right-of-way, easement or fee property within the city; and

to the extent that information can be obtained, the horizontal location, covering depths, and exact geographic location of all existing public or private infrastructure and utilities, including but not limited to water, sanitary sewer, wastewater, gas, electric, telephone, cable, and fiber optic lines and other public utilities improvements located within, on, over, under, along or across the proposed pipeline easement within the respective city-owned right-of-way, easement or fee property; and

the horizontal location, covering depths, and exact geographic location of any shutoff valves within the respective city right-of-way, easement or fee property; and

detailed cross section drawings for all public street right-of-way, easement and fee property crossings and encroachments; and

summarized specifications for pipeline facilities within city rights-of-way, easement or fee property.

The pipeline operator shall file such post-construction documents containing all of the information submitted to the Texas Railroad Commission that relates to the pipeline operator facilities within the boundaries of the city.

The city shall take reasonable efforts to prevent any information required herein that is privileged under federal or state law (such as in the instance in which pipeline facilities are critical infrastructure) from disclosure to the public or any member thereof, including obtaining a determination that such information is exempt from disclosure as a public record under V.T.C.A., Government Code Ch. 552.

The pipeline operator shall update all information required in this section promptly upon any change at any time during the operation of the pipeline facility within the city.

[Ord. No. 1142-09, § I, 3-10-2009]

§ 86-514 Retention of technical advisor.

The pipeline administrator may retain, on behalf of the city, one or more technical advisors or consultants to assist the pipeline administrator in reviewing the registration application. The pipeline operator shall pay to the city, as an additional registration application processing fee, the amount equal to the amount necessary to reimburse the city to cover the actual costs of such technical advisors or consultants. If such amount is not known at the time of the filing of the registration application, the amount shall be estimated by the pipeline administrator, provided that any excess will be refunded to the pipeline operator and any deficiency shall paid by the pipeline operator upon completion of the registration process and ascertainment of the actual costs so that the costs of such technical advisors or consultants shall be borne by the pipeline operator as an additional registration application processing fee.

[Ord. No. 1142-09, § I, 3-10-2009]

§ 86-515 Pipeline information reporting requirements.

Each time a pipeline is subjected to a hydrostatic pressure test, including but not limited to prior to commencing operation of any pipeline, each pipeline operator subject to this article shall provide the pipeline administrator and the fire chief written notice of such test at least 72 hours before the commencement of such test, shall permit the administrator and/or fire chief or their designees, an opportunity to observe such tests, and shall, as soon as practical following such test, provide a copy of the test results to the pipeline administrator and the fire chief.

[Ord. No. 1142-09, § I, 3-10-2009]

§ 86-516 Emergency response plan reporting.

In order to provide for orderly education, planning and staffing by the city's emergency services personnel, each pipeline operator subject to this article shall meet annually with the pipeline administrator and fire chief to discuss and review emergency response plans. As part of this review, and at any such other time upon request of the pipeline administrator, the fire chief or the police chief, the pipeline operator shall furnish a copy of its emergency response plan and/or updates.

[Ord. No. 1142-09, § I, 3-10-2009]

§ 86-517 No assumption of responsibility by city.

Nothing in this article shall be construed as an assumption by the city of any responsibility of a pipeline operator of pipeline facilities not owned by the city or as a waiver of the city's governmental immunity or the official immunity of any city officer, employee or agent. No city officer, employee or agent shall have authority to relieve a pipeline operator from their responsibility under applicable law or regulation.

[Ord. No. 1142-09, § I, 3-10-2009]

§ 86-518 No waiver of other right-of-way regulations implied.

In the event pipeline facilities are to be placed within any city street or right-of-way, the pipeline operator shall comply with the right-of-way use regulations as provided in this Code.

To the extent that the provisions of this article conflict with the city's other right-of-way use ordinances, this article shall control.

[Ord. No. 1142-09, § I, 3-10-2009]

§ 86-519 Violations, penalties and remedies.

Any pipeline operator subject to this article who shall have failed to comply with this article shall be deemed to be maintaining a nuisance and the city may take such measures to remedy such nuisance, including but not limited to revocation of the pipeline operator's license and/or registration.

It shall be a violation of this article for a person to knowingly make a misrepresentation of any information to be reported pursuant to this article. It shall also be a violation of this article if the person makes such misrepresentation as a result of failure to exercise such due diligence of investigation or inquiry, as would a reasonably prudent pipeline operator conducting business in the jurisdiction of the city.

Each violation of any provision of this article shall be a separate offense. Each day of ongoing violation shall be a separate offense and shall carry with it a fine of not more than $500.00 per day. If fines are not paid within 30 calendar days of issuance, any applicable pipeline license and/or registration may be suspended or revoked by the city. A pipeline operator may appeal an alleged violation pursuant to the procedures set forth in this article. Such appeal shall stay enforcement of the action until after a final decision is rendered in accordance with the appellate procedures set forth in this article.

The city shall be entitled to injunctive relief or any other appropriate relief in a court of appropriate jurisdiction to prevent violation of or to compel compliance with this article.

[Ord. No. 1142-09, § I, 3-10-2009]

§ 86-520 Termination of license.

Any violation of the provisions of any or all sections of this article with regard to license requirements shall be grounds for the suspension or termination of any license subject to the procedures set forth in this section. The suspension or termination of any license shall require the immediate cessation of all operations subject to such license and the termination of such license shall require the pipeline operator subject to this article to file a new license in full accordance with the provisions of this article.

If the pipeline administrator determines that a pipeline operator has violated any of the provisions of any or all sections of the license requirements, the pipeline administrator shall give the pipeline operator written notice of such violation(s). If the pipeline operator has not cured such violation(s) or appealed the decision of the pipeline administrator within 30 calendar days of receipt of the written notice from the pipeline administrator, then the pipeline administrator shall notify the city council of such violation(s), and any city council member may request that a hearing be held before the city council as to whether the pipeline operator's license at issue should be suspended or terminated. In such event, the pipeline administrator shall notify the pipeline operator of such setting, and the pipeline operator shall be given an opportunity to present any facts and arguments the pipeline operator wishes to the city council as to why such license at issue should not be suspended or terminated.

Any hearing on suspension or termination of a license shall be governed by the following rules and procedures:

Such hearing shall be set as an item on the regular city council agenda; and

The city shall bear the burden of persuasion that the license at issue should be suspended or terminated; and

No formal testimony or swearing of witnesses shall be required and the city council may consider facts or evidence as the city council determines is appropriate. The pipeline administrator or the pipeline administrator's designee shall present the facts and evidence relied upon by the pipeline administrator; the pipeline operator shall then have an opportunity to present the facts and evidence relied upon by the pipeline operator; the city council shall then consider any facts or evidence from the public or other interested persons. The city council may ask questions of the pipeline administrator or the pipeline administrator's designee, the pipeline operator and any other interested persons as the city council determines is appropriate. The city council may limit the time for any presentation in its sole discretion; and

Upon the conclusion of the hearing, the city council shall then render its decision. Any decision shall be determined by majority vote of the members of the city council then present; and

The decision of the city council shall be final.