No person may install or construct an oil and/or gas pipeline within the right-of-way of a public thoroughfare within the city without first obtaining a pipeline permit from the city. It shall be unlawful for any person to install or construct an oil or gas pipeline within the right-of-way of a public thoroughfare within the city without a pipeline permit. The term “right-of-way” includes the surface of the thoroughfare, ditches, medians, shoulders and any other area associated therewith which is maintained by the city, along with the subsurface.
(Ordinance adopted 12/17/07)
A pipeline owner or operator shall submit an application to the city administrator on the form prescribed by the city for an oil and gas pipeline permit with regard to any proposed oil and/or gas pipeline to be located in whole or in part in the right-of-way of a public thoroughfare, and shall submit the following information:
(1) 
The name, business address, and telephone numbers of the pipeline owner.
(2) 
The names, titles, and telephone numbers of the following:
(A) 
The person submitting the applications and petitions for the pipeline construction;
(B) 
The person designated as the principal contact for the submittal;
(C) 
The person designated as the twenty-four-hour emergency contact; and
(D) 
The person or firm that will operate the pipeline.
(3) 
The origin point and the destination of the segment of the pipeline to be constructed.
(4) 
A text description of the general location of the planned pipeline.
(5) 
A description of the substance to be transported through the pipeline.
(6) 
A copy of the substance material safety data sheet (MSDS).
(7) 
The maximum allowable operating pressure on the pipeline, along with the specified minimum yield strength (SMYS) of the pipe, its pressure class, and design calculations in accordance with section 192.105 CFR 49, assuming a class 3 or better location.
(8) 
The normal operating pressure range of the pipeline, not to exceed the maximum allowable operating pressure as designated above.
(9) 
Engineering plans, drawings and/or maps with summarized specifications showing the horizontal pipeline location, pipeline covering depths, and location of shut-off valves. (Location of shut-off valves must be known in order for emergency responders to clear the area for access valves.) To the extent that information can be reasonably obtained, drawings shall show the location of other pipelines and utilities that will be crossed or paralleled within five feet (5') of the proposed pipeline.
(10) 
A description of the consideration given to matters of public safety and the avoidance, as far as practicable, of existing inhabited structures and congregated areas.
(11) 
Detailed cross-section drawings for all public thoroughfare right-of-way and easement crossings. (Public thoroughfare crossings may not be by open cut. The method, materials, location and depth of the proposed road bore must be provided.)
(12) 
Methods to be used to prevent both internal and external corrosion.
(13) 
A binder or certificates of all bonds and insurance as required under this article.
(Ordinance adopted 12/17/07)
(a) 
Incomplete permit applications will be returned to the applicant within five (5) business days of receipt, along with a letter detailing the deficiencies.
(b) 
An initial review of the permit application will be conducted by city staff and, if determined necessary, an engineer engaged by the city. A pre-council-submission meeting will be held with the applicant at which any suggested modifications to the application from city staff will be discussed. A meeting date for consideration of the application by the city council will be set, and the date, time and location of the meeting will be communicated to the applicant.
(c) 
The applicant shall place a notice in the official newspaper of the city giving notice that it is seeking a pipeline permit, identifying the general location of the pipeline, identifying the purpose of the pipeline, and stating the date, time and location of the city council meeting at which the application will be considered.
(d) 
At the city council meeting, a public hearing will be held on the matter of the pipeline permit application. At the close of the public hearing, the applicant will be given the opportunity to be heard and to present information to the city council. The applicant shall answer questions of the city council regarding the proposed pipeline and the application.
(e) 
Based on the application, and the information provided at the meeting, the city council shall either grant the permit, grant the permit with conditions, or deny the permit. The city council reserves the right to deny a permit if:
(1) 
The permit application is not in compliance with this article;
(2) 
The proposed pipeline would create an unreasonable risk to public health, safety, or welfare;
(3) 
The applicant has in place other pipelines within the right-of-way of public thoroughfares that the applicant has not properly maintained, and the applicant does not propose to remediate those conditions;
(4) 
The applicant has installed one or more other pipelines in the right-way of a public thoroughfare without properly repairing the right-of-way, and the applicant does not propose to remediate those conditions;
(5) 
The pipeline, as proposed, would unreasonably interfere with the public’s use of the public thoroughfare or the city’s maintenance thereof; or
(6) 
The pipeline, as proposed, would unreasonably interfere with or endanger utility lines or their appurtenances located within the right-of-way.
(f) 
The city council’s decision on the application will be rendered within 45 days of the city’s receipt of the application.
(g) 
A pipeline permit does not grant the permittee any easement or property interest in the public thoroughfare. The permit is a revocable license.
(Ordinance adopted 12/17/07)
The permit fee which shall accompany the pipeline permit application shall as established by city council.
(Ordinance adopting Code)
(a) 
A permit will terminate if construction of the pipeline does not begin within 180 days after the permit is issued.
(b) 
A permit will terminate upon cessation of pipeline operations for a period of eighteen months or more.
(c) 
The city council may terminate a permit for a permittee’s uncured violation of a requirement of this article after thirty days’ written notice of the violation and opportunity to cure is given to the permittee. Termination will only take place after the permittee is given an opportunity to be heard before the city council. A permit may be suspended during the termination process by the mayor if the violation poses an immediate threat to public safety.
(Ordinance adopted 12/17/07)