Ordinance No. 7,839Published in The Baytown Sun:
Tuesday, November 19, 1996, and
Wednesday, November 20, 1996.
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ORDINANCE NO. 7839
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 111/4 "EMERGENCY MANAGEMENT AND PREPAREDNESS," BY
ADDING ARTICLE II "HAZARDOUS SUBSTANCES, LIQUIDS, AND GAS
PIPELINES," SECTION 1 P/4 -15 "DECLARATION OF POLICY "; SECTION 11' /4-
16 "DEFINITIONS "; SECTION 111/4 -17 "PERMIT TO BE ISSUED "; SECTION
l 11/4 -18 "APPLICATION, PLANS AND REPORTS -- NEW PIPELINES ";
SECTION 111/4 -19 "PERNIIT APPROVAL, PROCESS ", SECTION 111/4 -20
"PIPELINE INFORMATION REPORTING AND REGISTRATION
REQUIREMENTS -- CERTAIN NEW AND ALL EXISTING PIPELINES ",
SECTION 111/4-21 "ADDITIONAL PIPELINE REPORTING REQUIREMENTS
-- NEW AND EXISTING PIPELINES "; SECTION 111/4 -22 "PERMIT AND
REGISTRATION FEES ": SECTION 111/4 -23 "MINIMUM STANDARDS -- NEW
AND EXISTING PIPELINES "; SECTION 111/4 -24 "LOCATION. ROUTINGS TO
BE ESTABLISHED "; SECTION 111/4 -25 "PIPELINE MARKERS "; SECTION 111/4-
26 "IDLED AND ABANDONED PIPELINES "; SECTION 111/4 -27 "INSURANCE
AND BONDING REQUIREMENTS "; SECTION 111/4 -28 "CONDITIONS OF
PERMIT OR REGISTRATION "; SECTION 111/4 -29 "VIOLATIONS OF
ARTICLE ", SECTION 111/4 -30 "NO GRANT OF CITY EASEMENT; NO
ASSUMPTION OF RESPONSIBILITY BY CITY ", SECTION 111/4 -31 "EFFECT
OF OTHER LAWS "; AND SECTION 111/4 -32 "EFFECT ON PERNIITS EXISTING
AT THE TIME OF THE PASSAGE OF THIS ARTICLE" TO THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 111/4 "Emergency Management and Preparedness," is hereby
amended to add Article lI "Hazardous Substances, Liquids, and Gas Pipelines," to the Code of
Ordinances of the City of Baytown, Texas, to read as follows:
ARTICLE II.
HAZARDOUS SUBSTANCES, LIQUIDS AND GAS PIPELINES
Sec, 111/4-15. Declaration of policy.
The city council declares that the policy of the city in the matter of granting to any person the
privilege to lay any pipe or pipeline in any public way within the jurisdiction of the city for the
purpose of thereby transporting oil, gas, brine or any other liquid or gaseous substance whatsoever
shall be as stated in this article. The provisions of this article shall be administered by the director of
engineering and inspections or his designee.
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Sec. 1 1'/� -16. Definitions.
(a) Abandoned pipeline shall mean a pipeline that the owner has no intention of
reactivating.
(b) Adjustment shall mean the horizontal or vertical repositioning of a pipeline within a
public way to a position greater than fifty feet (50') from its position immediately prior
to such repositioning or outside the public way.
(c) Directo r shall mean the director of engineering and inspections or his designee.
(d) Hazardous liquid, as defined by the Texas Railroad Commission at 16 Texas
Administrative Code, Section 7.80, "Definitions," shall mean petroleum or any
petroleum product, and any substance or material which is in a liquid state, when
transported by pipeline facilities and which has been determined by the United States
Secretary of Transportation to pose an unreasonable risk to life or property when
transported by pipeline facilities. The term shall be enlarged to include liquefied
natural gas, and anhydrous ammonia should such materials at any time be introduced
into any pipeline subject of this article. It shall also include carbon dioxide, defined
at 49 CFR 195.2, as a fluid consisting of more than ninety percent (90 %) carbon
dioxide molecules compressed to a supercritical state.
(e) Idled pipeline shall mean a pipeline that has temporarily been taken out of service for
a continuous period of at least one (1) year for hazardous materials, hazardous
liquids, or natural gas with the expectation of the owner or operator that the pipeline
may be reactivated even though there may be no specific plans to reactivate the
pipeline.
(f) In shall mean in, under, across, above, over, upon, through, among, or in any manner
connected with.
(g) Intra - facility piping system means piping that is located within or on the grounds of
a plant and used to transfer gas, hazardous liquids or chemicals between plant
facilities or between plant facilities and a pipeline or other mode of transportation and
which does not cross a public way.
(h) Jurisdiction of the city for application of this article shall be the area within the
corporate boundaries of the city of Baytown and the unincorporated geographical
area five thousand feet (5000) beyond the corporate boundaries of the city which is
not in another city's extraterritorial jurisdiction under the authority of the Texas Local
Government Code Section 42.001, to promote and protect the general health, safety,
and welfare of persons residing in and adjacent to the city, and to define nuisance
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under authority of the Texas Local Government Code Section 217.042. For purposes
of this ordinance, the areas within an industrial district shall not be considered as part
of the Jurisdiction.
(i) New pipelines, as referred to herein shall mean pipelines constructed after the
effective date of this ordinance but shall not include (a) the replacement or repair of
any existing pipeline; (b) the realignment of a portion of an existing pipeline to a
position that is not greater than fifty feet (50) from its original position; (c) surface
appurtenances added to existing pipelines; (d) subsurface appurtenances not located
in a public way, or (e) relocation, adjustment or realignment required or requested by
the city.
(j) Owner or Operator shall mean any person who owns or operates a pipeline which
transports gas, hazardous liquids, or chemicals.
(k) Person shall mean 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.
(1) Pipeline shall mean a line of pipe through which gas, hazardous liquids, or chemicals
move in transportation, including, but not limited to, pipes, valves, spurs, laterals, and
other appurtenances attached to pipes, which are a part of the operation of the line of
pipe whether or not laid in public or private easements or public or private ways
within the city or its jurisdiction.
Pipelines excluded from this ordinance are those pipelines which meet all of the
following three conditions:
(1) The pipelines serve as private infrastructure to refineries /petrochemical plants,
storage areas, and terminals;
(2) The plant infrastructure, storage area, or terminal incorporating the pipeline(s)
serves a function exclusive to the respective refinery/petrochemical plant
storage area, or terminal; and
(3) The pipeline is part of an intra- facility piping system.
(m) Pipeline emer_izency shall refer to a pipeline incident in which any of the following has
occurred, is occurring, or is imminent:
(1) fire or explosion not initiated by the owner /operator as part of its operations
(in accordance with accepted safety practices);
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(2) release of a gas, hazardous liquid, or chemical which could adversely impact
the environment or health of individuals, livestock and/or domestic animals,
and wildlife, within the city or its jurisdiction;
(3) death of any person;
(4) bodily harm of any person which results in loss of consciousness, the need to
assist a person from the scene of the incident, or the necessity of medical
treatment in excess of first aid;
(5) damage to private or public property not owned by the pipeline owner or
operator in excess of five thousand dollars ($5000) in combined values; and/or
(6) the re- routing of traffic or the evacuation of building(s).
(n) Public wav(s) shall mean, but not be limited to in any way, the surface of, and the
space above and below, any public street, highway, freeway, bridge, alley, boulevard,
sidewalk, parkway, lane, drive, circle, or other public right -of -way, including, but not
limited to, easements established and dedicated for use by public utilities in general,
parks, navigable streams, or tunnels, as shown on maps provided by the city.
(o) RefineryCpetrochemical plant shall mean individual facilities and integrated facilities
located within a recognized common boundary line.
(p) Repair shall mean to restore or replace any part of a pipeline or of the corrosion
protection system of a pipeline that is broken, leaking, defective or that otherwise
needs restoration, partial replacement or enhancement, in the reasonable
determination of the pipeline owner or operator.
(q) Replacement means any pipeline or new section of a pipeline replacing or enlarging
any old pipeline or old section of pipeline in the same public way as, and no more than
fifty feet (50') from the pipeline being removed from service for any purpose other
than to repair existing facilities.
(r) Unre 1gu ated in neline are those pipelines within the city or its jurisdiction which enjoy
exemptions under federal and state safety rules which exclude such lines from
construction standards, safety standards, or reporting requirements of either or both
governmental entities.
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Sec. 1 1'/i -17. Permit to be issued.
No new pipeline shall be installed in a public way within the city limits and no existing pipeline
shall be adjusted, relocated to, replaced at or otherwise moved to a position greater than fifty feet
(50') from its original position nor shall any such new or any such adjusted, relocated or replaced
portion of a pipeline be maintained in a public way within the city limits without a valid permit issued
by the city granted pursuant to this article; provided, however, that in the case of an adjustment,
relocation or replacement to a position greater than fifty feet (50') from the pipeline's original position
requested by the city or another governmental agency, the pipeline owner or operator shall not be
required to obtain a new permit, but shall obtain a permit or registration modification, whichever is
appropriate, approved by the director. Further, it is understood that where the State, County, Flood
Control District or Corp of Engineers has primary responsibility for maintenance of a public way and
the owner or operator obtains a permit from that agency, the owner or operator shall be required to
tender a copy of such permit and to register rather than to obtain a permit from the city with respect
to that portion of a public way for which the city does not have maintenance responsibility. Such
permits shall state the public ways which are or will be affected, the point or points at which the
pipelines cross, run, or will cross or run in any public way. The term of all permits or period in which
any registration will be valid, which shall be thirty (30) years from the effective date of the permit,
unless the city council for good cause shown approves the same for a shorter period of time. The
permittee shall notify the city in writing (i) prior to turning over the operation of the pipeline to the
assignee or (ii) within ten (10) days after the closing of the transaction, whichever is earlier.
Sec. 11' /a -18. Application, plans and report --new pipelines.
(a) Any person seeking a permit in accordance with section 11' /a -17 hereof shall submit
to the director two (2) copies of a permit application, which shall be reviewed by the
director, the director of planning and community development, the fire chief, director
of public works.. and the emergency management and preparedness coordinator. Such
application shall include at a minimum the following information, with respect to that
portion of the pipeline within the jurisdiction, all of which shall be easily reproducible:
(1) the name, business address, and telephone number of the pipeline owner and
operator;
(2) 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 twenty-four (24) hour emergency contact, who (i) can initiate
appropriate actions to respond to a pipeline 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 pipeline;
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(3) the origin point and the destination of the pipeline being constructed, adjusted,
relocated, replaced or repaired if such points are located in the jurisdiction;
(4) a description of the substance to be transported through the pipeline. A copy
of the Material Safety Data Sheets for the substance shall be included with the
submittal if the owner or operator is required by federal or state law to have
Material Safety Data Sheets available;
(5) the maximum allowable operating pressure on the pipeline as determined
according to the U.S. Department of Transportation and Texas Railroad
Commission procedures or the maximum design strength for unregulated
pipelines, if applicable;
(6) the normal operating pressure range of the pipeline;
(7) the maximum allowable temperature under which the substance or product
may be pumped or otherwise caused or permitted to flow through any and all
of the particular portions of the pipeline, if applicable;
(8) engineering plans, drawings, and/or maps with summarized specifications
showing the horizontal pipeline location, pipeline covering depths, and
location of shutoff valves. (Location of shutoff valves must be known in
order for emergency responders to clear the area for access to the valves.) To
the extent that information can be reasonably obtained, drawings shall show
the location of other pipelines and utilities which will be crossed or parallelled
within five feet (5');
(9) a description of the consideration given to API, ANSI and all other applicable
public safety standards and the avoidance, as far as practicable, of existing
inhabited structures and congregated areas;
(10) a summary description of the time, location, manner, means and methods of
the proposed construction, including, but not limited to, the following:
(i) detailed cross section/profile drawings for all public way crossings if
requested by the director or emergency management and preparedness
coordinator;
(ii) a plan accurately showing the location, course and alignment of the
proposed pipeline and all public ways in which the proposed pipeline
shall be laid; provided that the degree of accuracy shall not be required
to exceed the accuracy which can be practicably achieved by using the
official city maps made available for this purpose; and
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(iii) the design criteria as it applies to existing infrastructure, under which
the pipeline will be constructed.
(11) a statement that the pipeline will comply with the applicable standards
required by this article as well as all applicable federal, state and local laws
and regulations; and
(12) the identification of each pipeline as regulated under interstate or intrastate
safety rules/regulations. (Where a pipeline is unregulated as to either or both
intrastate or interstate safety rules/regulations the owner or operator shall so
state. The owner or operator shall also specifically identify (a) the
exculpatory rules or regulations governing the pipeline and (b) the operating
conditions of the pipeline, which give rise to such unregulated status).
The director expressly reserves the right to require the submission of additional
information if the director reasonably deems the same necessary to meet the
requirements of this article. Such supplemental information shall be submitted by the
applicant to the director within ten (10) days, excluding Saturdays, Sundays and city
holidays, of the applicant's receipt of the director's written request; and while
awaiting the requested information, the period in which the city must process the
application shall be tolled.
Sec. 1 1'/4 -19. Permit approval process.
(a) Prior to beginning any work or preparation for any of the activities described in
Section 11'/4 -17 within the jurisdiction, an application for a permit to do so, in the
form described herein, must be filed with the director.
(b) Within twenty (20) days from the date on which the permit application is received at
the official address for the director, the director shall advise the applicant whether,
based on the director's professional judgment, the contemplated installation,
adjustment, relocation or replacement is in compliance with this article. If the director
does not deem the contemplated installation to be in compliance with this article, the
director shall specifically notify the applicant of any deficiencies found.
(c) After the notice described in subsection (b) herein is given to the applicant, the
director, based upon the assessment of the director of planning and community
development, the fire chief., the director of public works, and the emergency
management and preparedness coordinator as to compliance with this article, shall
report to the city council upon his examination of such application and plans
(including such changes in the plans as the applicant may have made upon his
suggestion) with his recommendations as to the granting or denying of the permit
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application, based upon compliance or non - compliance with this article, at the next
regularly scheduled council meeting for which adequate notice may be given. The
director shall in such report and recommendation state whether the proposed course
or alignment of the line and depth or depths at which it is proposed to be laid through
undeveloped or unplatted areas is, to the extent economically feasible and consistent
with the probable (i) future development of such areas, (ii) location and opening of
future streets, and (iii) laying of water, sanitary sewer and storm sewer lines incident
to such probable future development.
(d) After the report and recommendation is made to the city council, the city council shall
promptly approve such application if it meets all applicable state and federal
requirements as well as all of the terms and conditions of this article and shall
thereupon issue a permit.
Sec. 11'/4 -20. Pipeline information reporting and registration requirements -- certain new
and all existing pipelines.
(a) Every owner or operator of an active or idled pipeline, existing in the jurisdiction at
the effective date of the adoption of this ordinance; every owner or operator of an
abandoned pipeline existing in the jurisdiction at the effective date of the adoption of
this ordinance and about which the owner or operator knows or should know after
a reasonable search of the owner or operator's records; every owner or operator of
a pipeline which lies solely within a public way for which the State, County, Flood
Control District or Corp of Engineers has primary maintenance responsibility, rather
than the city, and who has a permit from such governmental agency and tenders a
copy of the permit to the city; and every owner or operator of a new pipeline hereafter
constructed in the jurisdiction which is either (i) not in a public way or (ii) not inside
the corporate boundaries of the city, shall furnish the director two (2) copies of a
registration application, which shall be reviewed by the director, the director of
planning and community development, the fire chief, director of public works, and the
emergency management and preparedness coordinator for review. Such application
shall include at a minimum the following information, with respect to that portion of
the pipeline within the jurisdiction, all of which shall be easily reproducible:
(1) the name, business address, and telephone number of the pipeline owner and
operator;
(2) 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 twenty-four (24) hour emergency contact, who (i) can initiate
appropriate actions to respond to a pipeline emergency, (ii) has access
to information on the location of the closest shutoff valve to any
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specific point in the city or its jurisdiction, and (iii) can furnish the
common name of the material then being carried by the pipeline;
(3) the origin point and the destination of the pipeline if such points are located
in the jurisdiction;
(4) a description of the substance being transported through the pipeline. A copy
of the Material Safety Data Sheets for the substance shall be included with the
submittal, if the owner or operator is required by federal or state law to have
Material Safety Data Sheets available;
(5) the maximum allowable operating pressure on the pipeline as determined
according to the U.S. Department of Transportation and Texas Railroad
Commission procedures or the maximum design strength for unregulated
pipelines, if applicable;
(6) the normal operating pressure range of the pipeline;
(7) the maximum allowable temperature under which the substance or product
may be pumped or otherwise caused or permitted to flow through any and all
of the particular portions of the pipeline, if applicable;
(8) the location of each pipeline including its shutoff valves and its relationship to
the public ways to the extent of the best information available to the pipeline
owner or operator without requiring that the pipeline be surveyed or
resurveyed. (Location of shutoff valves must be known in order for
emergency responders to clear the area for access to the valves.) To the
extent that information can be reasonably obtained, drawings shall show the
location of other pipelines and utilities which will be crossed or parallelled
within five feet (T), provided that the degree of accuracy shall not be required
to exceed the accuracy which can practicably be achieved by using the official
city maps made available for this purpose;
(9) a statement that the pipeline complies with the applicable standards required
by this article as well as all applicable federal, state and local laws and
regulations; and
(10) the identification of each pipeline as regulated under interstate or intrastate
rules /regulations (where a pipeline is unregulated as to either or both
intrastate or interstate rules/regulations the owner or operator shall so state.
The owner or operator shall also specifically identify (a) the exculpatory rules
or regulations governing the pipeline and (b) the operating conditions of the
pipeline, which give rise to such unregulated status).
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The director expressly reserves the right to require the submission of additional
information if the director reasonably deems the same necessary to meet the
requirements of this article. Such supplemental information shall be submitted by the
applicant to the director within ten (10) days, excluding Saturdays, Sundays and city
holidays, of the applicant's receipt of the director's written request; and while
awaiting the requested information, the period in which the city must process the
application shall be tolled.
(b) For existing pipelines, all of the information required to be submitted in this section
shall be furnished within one (1) year following the effective date of this article, with
the information for at least half of the pipelines within the jurisdiction owned or
operated by a person to be submitted within one hundred eighty (180) days following
the effective date of this article. It shall be unlawful for any person to operate and
maintain an existing pipeline in the city after the expiration of said one (1) year period
unless or until the information enumerated above has been provided to the director
and the registration process has been completed.
(c) The foregoing requirements of this Section 11' /a -20 shall not apply to any pipeline
which (i) is located within an oil or gas field, (ii) is or was used in connection with the
operation or production of the field and (iii) does not cross a public way.
Sec. 11' /a -21. Additional pipeline reporting requirements— new and existing pipelines.
(a) All owners or operators laying, constructing, altering, repairing, replacing, operating,
or maintaining a pipeline in the jurisdiction must, in addition to the information
required to be submitted hereinabove, submit the following information throughout
the permit term or registration term:
(1) A copy of all initial or follow -up written reports required to be provided to the
U.S. Department of Transportation or to the Texas Railroad Commission on
safety- related pipeline conditions, pipeline emergencies, or pipeline incidents
within the jurisdiction must be concurrently filed with the office of the
emergency management and preparedness coordinator. Pipeline emergencies
shall be reported by telephone to the city's communications department. In
addition, any initial or follow -up written reports filed with state and federal
environmental regulatory agencies pertaining to pipeline releases within the
jurisdiction which threaten to impact the environment, public health or safety,
must be filed concurrently with the emergency management and preparedness
coordinator.
(2) Upon request of the emergency management and preparedness coordinator,
the pipeline owner or operator will provide within fourteen (14) days of such
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request the emergency management and preparedness coordinator other
documents for review which are required for submittal to or to be maintained
on file for the U.S. Department of Transportation and the Texas Railroad
Commission.
In case of unregulated pipelines, the emergency management and
preparedness coordinator may request any such other information he may in
his discretion reasonably deem necessary to the best interest of the city and to
the necessary protection of public health, safety, and welfare.
(3) The pipeline owner or operator shall provide the city a detailed cross
section/profile drawings for any public way crossing within the jurisdiction
where the director determines there is a public need as to any public way
crossing within fourteen (14) days from the receipt by the owner or operator
of a written request therefor from the emergency management and
preparedness coordinator or the director.
(b) If, during the term of a pipeline's permit or registration, any of the information
required to be submitted to the city pursuant to this article changes and that change:
(1) substantially affects the construction, adjustment, relocation or replacement
of the permitted or registered pipeline, or otherwise substantially affects the
public health, safety or welfare, other than the information specified in
subsection (b)(2) hereof, the pipeline owner or operator shall furnish to the
director updated information at least fourteen (14) days prior to the proposed
implementation date of the change. Before any such change may be
implemented, the same must be approved in writing by the director.
(2) affects any twenty -four (24) hour contact information, the substances to be
transported through the pipeline, or its operating pressure, the pipeline owner
or operator shall furnish such updated information to the emergency
management and preparedness coordinator by contacting the city's
communications department prior to the implementation date of such change.
(3) affects any matter not included in subsections (1) and (2), the pipeline owner
or operator shall furnish to the director such updated information as soon as
practicable.
Sec. 1 1'/4 -22. Permit and registration fees.
(a) Every permit granted under the terms and conditions of this article, with the exception
of those permits necessitated due to an adjustment, relocation, or replacement of a
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pipeline requested or required by the city or another governmental entity, shall
provide for the payment by the owner or operator to the city of an initial permit fee
in the amount of three hundred dollars ($300) per pipeline and for the payment of an
annual fee thereafter in the amount of two hundred dollars ($200) per pipeline per
year payable annually in advance on or before the anniversary date of the final passage
of the ordinance granting such permit; provided that the owner or operator may, at
its election and option, pay in advance (at the time the initial permit fee is paid) the
aggregate amount of the annual fees to be thereafter payable for the full term covered
by the permit discounted to its then present value at the prime interest rate then
charged by Texas Commerce Bank of Houston, Texas, or its successor in interest; and
if such advance payment is made of such annual fees, no further annual fees shall be
payable during the life and term of the permit.
(b) The owner or operator of a pipeline which must be registered under this article shall
pay an initial registration fee in the amount of two hundred dollars ($200) per pipeline
and shall pay an annual fee thereafter in the amount of two hundred dollars ($200) per
pipeline per year payable annually in advance on or before the anniversary date of the
registration of the pipeline; provided that the owner or operator may, at its election
and option, pay in advance (at the time the registration fee is paid) the aggregate
amount of the annual fees to be thereafter payable for a number of years, not to
exceed thirty (30) years, discounted to its then present value at the prime interest rate
then charged by Texas Commerce Bank of Houston, Texas, or its successor in
interest; and if such advance payment is made of such annual fees, no further annual
fees shall be payable during the specified number of years for which payment is made.
(c) The permit fees, registration fees, and annual payment,5 required in subsections (a) and
(b) are commensurate with and not in excess of the city's expense involved in
administering this article as well as the city's cost pertaining to the regulation of its
public ways in light of the owner's or operator's occupancy, use, or maintenance of
encroachments in the public ways.
Sec. 1 1'/4 -23 Minimum standards -- new and existing pipelines.
(a) All new pipelines within the city shall be designed and constructed in accordance with
the latest approved minimum standards, if applicable, established by the U.S.
Department of Transportation, the Texas Railroad Commission or any other entity
having regulatory authority over pipeline safety and construction matters and in
compliance with any reasonable special requirements which are not inconsistent with
other applicable laws and regulations, to avoid interference with use or maintenance
of public ways established as a condition of permit approval by the city. The
operation and maintenance of all pipelines, including, without limitation, existing
pipelines within the jurisdiction shall conform in all respects to the standards, rules
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Vbl 11'L -1 /1
and regulations, if applicable, established by the U.S. Department of Transportation
and /or the Texas Railroad Commission.
(b) No new pipeline or existing pipelines shall be. laid, constructed, adjusted, replaced,
repaired, operated, or maintained in such a manner as to interfere with the
construction, maintenance or repair of any public way in which such pipeline is
located; and in the event it shall develop that any such pipeline should interfere with
the construction, maintenance or repair of any public way or for reasons of public
safety and welfare, upon request of the director, such pipeline shall be changed or
altered promptly under the existing public way by the owner and /or operator of such
pipeline in such a manner as to interfere no longer with such construction,
maintenance, repair or the safety of the traveling public; and the cost and expense of
such change or alteration shall be borne in accordance with the established principles
of law concerning prior existing rights.
(c) No permit for new pipelines shall be issued unless so much of the entire pipeline
proposed to be laid in any undeveloped or unplatted area within the jurisdiction is to
be buried and laid to a depth of at least three feet (T) measured between the top of
the line and the natural surface of the ground, unless the director approves or
recommends that at any particular point or points a lesser depth be permitted. If at
any particular point or points, the director determines in the director's reasonable
professional judgment for specified technical reasons that a greater depth be required,
such permit will not be granted except upon agreement by the owner or operator to
comply with such required depth.
Sec. 111/4 -24. Location.
(a) Where feasible, new pipelines shall be located within pipeline corridors as delineated
upon the pipeline corridor maps of the city. Feasibility of locating new pipelines in
established corridors in the city shall be considered from the perspective of the
pipeline 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 pipeline that would be
located in the corridor and the lengths of pipeline required to gain access to
and from the corridor;
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(4) any delays in right -of -way acquisition or pipeline construction that may result
from routing through a corridor,
(5) the. availability of alternative right -of -way to the owner or operator,
(6) all other matters that a prudent pipeline owner or operator would consider in
selecting the route for a new 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, unless there is clear and convincing evidence that contradicts the
conclusion of the owner or operator.
(b) When it is not feasible for new pipelines to be located within the designated corridors,
the pipelines 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 which would
create slivers of land between public ways, except if (i) following man -made
or topographical features is in the public interest, (ii) following boundary lines
or existing easements is impractical under the circumstances, (iii) following
boundary lines or existing easements poses safety concerns, or (iv) following
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, unless
appropriate mitigation measures are undertaken to the satisfaction of the
director; and
(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.
Sec. 11'/4 -25. Pipeline Markers.
(a) In accordance with U.S. Department of Transportation and Texas Railroad
Commission requirements, pipeline owners or operators are to place and maintain
permanent line markers as close as practical over the pipeline(s) at each crossing of
a public street, railroad or navigable waterway. All markers required herein shall be
placed along the pipeline in accordance with all applicable rules and regulations. The
markers shall be of sound construction and contain labeling identifying the following:
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(1) pipeline owner or operator,
(2) twenty -four (24) hour contact telephone number, and
(3) a broad description of the product transported in the pipeline.
(b) Line marker(s) shall not be required over pipelines located offshore or under inland
navigable waterways. Marker(s) for these lines shall be located as close as practical
to shore/vegetation line of the waters.
(c) 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.
(d) 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.
Sec. 1 1'/a -26. Idled and Abandoned Pipelines.
(a) Idled pipelines:
(1) All reporting records specified in Sections 11'/4 -20 and 11'/4 -21 of this
ordinance shall be maintained on idled pipelines.
(2) Idled pipelines shall be purged of natural gas, hazardous liquids, and chemicals
and shall be physically isolated. These pipelines shall be maintained to prevent
deterioration.
(3) The means used to physically isolate the idled pipeline shall be included in the
information retained on file for reporting, as specified in Section 11'/4 -21.
(b) Abandoned pipelines:
Pipelines abandoned after the date of this ordinance shall not thereafter be subject to
the terms of this ordinance except as follows:
(1) The owner or operator shall report to the director the abandonment of a
pipeline that has been permitted or registered in accordance with this article.
(2) All known abandoned pipelines shall be purged, disconnected from all sources
or suppliers of gas, hazardous liquids, and chemicals and shall be capped or
sealed at the ends.
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(3) Reactivation of abandoned pipelines shall require notification to the
emergency management and preparedness coordinator. Included in the
notification shall be any updates to the pipeline information required in
Section 111/4 -21. Reactivation shall require pressure testing for integrity and
compliance with U.S. Department of Transportation regulations, if applicable.
Sec. 111/4 -27. Insurance and bonding requirements.
(a) A permittee or registrant must furnish, prior to any construction, repair, adjustment,
relocation or replacement, a bond on a form and with corporate surety satisfactory to
the city or other form of security satisfactory to the city in a reasonable amount as
determined by the city council upon the recommendation of the city engineer. Such
bond or other form of security satisfactory to the city shall inure to the benefit of the
city for any loss, damage, or injury which may result from the permittee's or
registrant's operations or its construction, reconstruction, alteration, repair, extension,
or laying of the pipeline under its permit during the period until completion of
installation of the he or lines is completed and properly acknowledged in writing by
the director.
(b) Permittee or registrant shall further maintain at all times during the life of the permit
or during which a pipeline's registration is effective, comprehensive general liability
insurance for bodily injury and property damage, including explosion, collapse, and
underground hazard coverage in the minimum combined single limit amount of one
million dollars ($1,000,000) as it pertains to all pipelines or other facilities owned by
permittee in a public way in the jurisdiction. Such policy shall name the City of
Baytown, its officers, agents and employees as additional insureds.
(c) A certificate of insurance specifying the above - required coverage with an insurance
company having an acceptable insurance rating shall be furnished to the city clerk
prior to the issuance of any permit. Such certificate of insurance shall provide that at
least thirty (30) days' prior written notice for the termination or modification of the
required insurance be given to the city.
(d) Any bond or other security provided pursuant to this section may be terminated upon
completion of the installation of the pipelines to which it relates upon the written
certification of completion by the director, provided that owner or operator shall
maintain liability insurance as required herein. The termination of bond shall not
affect any claim, damage, injury or cause of action arising thereon prior to the date
of termination.
(e) In lieu of bonds or liability insurance, a permit applicant or registrant shall furnish
evidence of financial responsibility which demonstrates the applicant's qualification
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as a self - insurer. Such evidence may take the form of the most recent corporate
financial report which is acceptable to the city council as giving assurance of the
applicant's or registrant's financial ability to comply with the requirements hereof.
Sec. l 1'/4 -28. Conditions of permit or registration.
(a) Any permit issued under this article shall not be effective unless it contains the
following:
Permittee agrees to and shall indemnify, hold harmless and defend, the
City, its officers, agents and employees, collectively referred to as
"City," from and against any and all claims, losses, damages, causes of
action, suits and liability of every kind, including all expenses of
litigation, court costs, and attorneys' fees for injury to or death of any
person, or for damage to any property, arising out of or in connection
with the construction, maintenance, operation, repair, replacement,
adjustment or removal of any part or all of the pipeline permitted
herein, where such injuries, deaths or damages are caused by the
concurrent negligence of the City and Permittee and /or by the joint or
sole negligence of the Permittee. It is the expressed intention of the
parties hereto, both Permittee and the City, that the indemnity
provided for in this paragraph is an indemnity by Permittee to
indemnify, protect and defend the City from the consequences of (i)
the City's own negligence, where that negligence and Permittee's
negligence are concurring causes of the injury, death or damage;
and/or (ii) Permittee's joint and sole negligence. Furthermore, the
indemnity provided for in this paragraph shall have no application to
any claim, loss, damage, cause of action, suit and liability where the
injury; death or damage results from the sole negligence of the City
unmixed with the fault of any other person or entity.
(b) Any registration issued under this article shall not be effective unless it contains the
following:
Registrant agrees to and shall indemnify, hold harmless and defend,
the City, its officers, agents and employees collectively referred to as
"City," from and against any and all claims, losses, damages, causes of
action, suits and liability of every kind, including all reasonable
expenses of litigation, court costs and reasonable attorneys' fees for
injury to or death of any person, or for damage to any property,
arising out of the construction, maintenance, operation, repair,
replacement, adjustment or removal of any part or all of the pipeline
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registered herein to the extent and in the proportion or proportions
that such injuries, deaths, or damages are caused by (i) the negligence
of Registrant and /or (ii) the joint negligence of the City where such
negligence is concurrent with the negligence of Registrant and
Registrant is more than fifty percent (50 %) at fault.
It is the expressed intention of the parties hereto, both Registrant and
the City, that the indemnity provided for herein is an indemnity by
Registrant to indemnify, protect and defend the City from the
consequences of (i) the negligence of Registrant as well as (ii) the
City's own ordinary negligence, where the City's negligence and
negligence of Registrant are concurring causes of the injury, death or
damage and Registrant is more than fifty percent (50 %) at fault.
The indemnity provided herein shall have no application to any claim,
loss, damage, cause of action, suit and liability where the injury, death
or damage results from (i) the sole negligence of the City unmixed
with the fault of Registrant; (ii) any intentional, willful or grossly
negligent conduct on the part of the City; (iii) any negligence of the
City other than when Registrant is more than fifty percent (50 %) at
fault; or (iv) any consequential damages.
(c) The City shall notify Permittee /Registrant as soon as reasonably practicable of any
claim, loss, damage, cause of action, suit or liability that the City deems to be covered
by the indemnity contained in subsection (a) or (b) herein. Nothing contained herein
shall be deemed to waive any legal immunities or limitations on liability of the City.
Permittee/Registrant shall be expressly subrogated to any rights of the City against
any third party, to the extent that Permittee /Registrant indemnifies the City as may be
provided herein.
(d) All permits or registrations shall further require the owner or operator to refill,
including the repaving of any cut in any pavement, all excavations made by it within
a public way, whether existing at the time such ordinance is passed or thereafter
dedicated or otherwise coming into existence, in the constructing, operating,
maintaining or removing of such pipeline or any part thereof, and if after once refilling
such excavation the earth within the excavated area settles so as to leave a depression,
the owner or operator shall be required to make further necessary tills from time to
time as ordered by the director or by the city council. The owner or operator will be
required by any such permit to repair all portions of any public way in which such line
is laid to the extent damaged by the owner's or operator's construction, operation,
maintenance, or lack of maintenance and to place the same in as good a state of repair
and condition as they were in at the time of the construction, repair, adjustment,
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replacement, or removal was commenced. Such repairs must be made to the
satisfaction of the director.
(e) All permits or registrations issued pursuant to this article shall further require that all
such work of repairing or refilling the public way shall be done under plans and
specifications approved by the director 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 director approves of some
other type of fill or material. Except in the case of a pipeline emergency, the owner
or operator shall notify the director before commencing at any time about any
proposed excavation in any portion of any public way. In the case of a pipeline
emergency, the owner or operator shall notify the communications department before
commencing any excavation in any portion of any public way, except where necessary
to prevent imminent danger to life or property. Such excavation shall not wholly
close any public way, but the owner or operator shall at all times maintain a route of
travel along and within such public way which shall include any sidewalk area; except
that in cases of emergency, the director, the city manager, the mayor, the city council,
or any police, fire or other city public safety official may authorize a closing of any
public way in order to take care of any break or leakage in the pipeline if, in the
opinion of the director, the city manager, the mayor, the city council, or any police,
fire or other city public safety official such closing is necessary to protect the safety
of the public.
(f) Such permit or registration shall also provide that in the event that owner or operator
fails to commence or thereafter to diligently prosecute any such repair, refilling or
other work in a public way so required to be done by it within a reasonable time after
being notified thereto by the director, the city may cause such work to be done at the
expense of the owner or operator and may recover all such expenses from the owner
or operator together with all costs and reasonable attorney's fees.
Sec. 11'/4 -29. Violations of article.
(a) Any owner or operator of a pipeline subject to this article, who shall have failed to
comply with this article and who shall not have remedied that non - compliance within
a reasonable time as determined by the director following receipt of written notice of
non - compliance from the city, shall be deemed to maintain a nuisance in violation of
this article.
(b) It shall be a violation of this article for a person to knowingly make a
misrepresentation of any information to be reported under 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 owner or operator conducting his business within the city's
jurisdiction.
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(c) Each violation of any section, subsection, or part of this article shall be a separate
offense. Each day of ongoing violation as specified in Section 111/4 -29 (a) or (b) shall
be a separate offense and shall carry with it a fine of not more than $2,000 per day.
Sec. 1 1'/4 -30. No grant of city easement; no assumption of responsibility by city.
(a) Nothing in this article shall be construed as granting permission for the use of any
public way within the city, without the express consent of the city council.
(b) Nothing in this article shall be construed as an assumption by the city of any
responsibility of an owner or operator of a pipeline not owned by the city, and no city
officer, employee or agent shall have authority to relieve an owner or operator of a
pipeline from their responsibility under this ordinance or any other law.
Sec. 11'/4 -31. Effect of Other Laws.
The provisions of this article shall be subject to any federal and state legislation, rules, or
regulations, presently or hereafter enacted or adopted to the extent that said laws and regulations
preempt or supersede the authority of the city with respect to this article or provision hereof.
Nothing contained herein shall (i) supercede any other ordinance of the city currently in effect or
which may be hereinafter enacted requiring a franchise agreement and the payment of associated fees
or (ii) grant any permittee or registrant herein the right to supply, sell, convey or otherwise distribute
oil, gas, brine or any other liquid or gaseous substance whatsoever to an end consumer within the
incorporated limits of the city, existing at the time of the passage of this ordinance or as may be
hereinafter amended, without a valid franchise agreement for the same.
Sec. 11'/4 -32. Effect on Permits Existing at the Time of the Passage of this Article.
Nothing contained in this article shall be deemed to revoke any existing pipeline permit or to
require the holder of an existing permit to obtain a new permit or to pay permit or registration fees
other than as specified in the existing permit. Owners or operators who have an existing pipeline
permit(s) at the time of the passage of this article shall, however, be required to comply with all other
registration requirements specified in this article.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
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Section 3: If any provision, section, exception, subsection, paragraph, sentence, clause
or phrase of this ordinance or the application of same to any person or the set of circumstances, shall
for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of
the remaining provisions of this ordinance or their application to other persons or sets of
circumstances and to this end all provisions of this ordinance are declared to be severable.
Section 4: This ordinance shall take effect from and after ten (10) days from its passage
by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption
of this ordinance to be published in the official newspaper of the City of Baytown at least twice within
ten (10) days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City
of Baytown, this the 12th day of November, 1996.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
MW Attorney
0097M�U 11,
c:Wh24 \counuillordin:incckpipe 18.ord
21
/&
PETE C. ALFARO, Mayor