10-24-11 Regular Meeting of La Porte City Council

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CHAPTER 182, ARTICLE IV, LA PORTE CODE OF ORDINANCES "PIPELINE TRANSPORTATION" *Editor's note: Ordinance No. 2004 -2755, § 1, adopted July 12, 2004, repealed the former Art. IV, §§ 102 -231 - -102 -237, 102 -261 - -102 -265, and enacted a new Art. IV as set out herein. The former Art. IV pertained to similar subject matter and derived from Ord. No. 915, § 1(18 -A- 1)-- (18- A -12), 3 -6 -72. Cross references: Businesses, ch. 22. State law references: Transportation of gas and gas pipeline facilities, safety standards, preemption, Vernon's Ann. Civ. St. art. 6053 -1. Sec. 182 -231. Declaration of policy. The city council declares that the policy of the city in the manner of granting to any person the privilege to construct, operate and maintain any pipe or pipeline 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 stated in this article. The provision of this article shall be administered by the director of planning or his designee. (Ord. No. 2004 -2755, § 1, 7- 12 -04) Sec. 182 -232. Definition of terms. All terms used herein shall be taken in their ordinary signification except the following: City shall mean the City of La Porte now incorporated and as hereafter expanded by annexation or consolidation. Commodity shall mean any liquid or gaseous substance or other product capable of being transported through a pipeline and which is, or may become, flammable, toxic or otherwise hazardous to human, animal or plant health and/or life. Director shall mean the director of planning or his designee. Operational boundary shall mean the prime property and location of the offices and operational facilities of a person within the city. The term is not intended to extend to rights -of- way, easements, licenses or privileges owned or utilized by a person incidental to a pipeline and which radiate or depart from such primary property, offices and operational facilities. Permittee shall mean the person to whom a permit is issued under the provisions of this ordinance. Person shall mean an individual, corporation, partnership, association or any other entity, however organized. Pipeline shall mean any pipeline or part thereof, including pipe, valves and any appurtenances thereto, which is used for the transportation of a commodity into, across, under or over the city. "Pipeline" shall include any pipe, valve, appurtenance or portion of any pipeline