05-11-15 Regular Meeting of La Porte City Council

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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. 102-232. - Definition of terms. All terms used herein shall be taken in their ordinary signification except the following: Cityshall mean the City of La Porte now incorporated andas hereafter expanded by annexation or consolidation. Commodityshall 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. Directorshall mean the director of planning or his designee. Operational boundaryshall mean the prime property and location of the offices and operational facilities of a person within the city. The term is not intendedto 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. Permitteeshall mean the person to whom a permit is issued under the provisions of this ordinance. Personshall mean an individual, corporation, partnership, association or any other entity, however organized. Pipelineshall 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 crossing the operational boundary of any industry operating, in whole or part, in the city. "Pipeline" shall not include any pipeline, pipe, valve or appurtenance when located entirely on, within or under a person's operational boundary. Relocationshall mean the horizontal or vertical movement of a pipeline. Repositionshall mean the movement of a pipeline when such movement is necessary for the public construction or public improvement: construction, maintenance and improvement of streets, water lines, sanitary sewer lines, storm sewers, ditches and public utilities. (Ord. No. 2004-2755, § 1, 7-12-04) Cross reference— Definitions generally, § 1-2. Sec. 102-233. - Exemption. This article shall not extend to: (1)Any person now or hereafter providing natural gas service for residential and business use only within the city pursuant to a franchise from the city as a gas distribution utility; (2)Raw or potable water pipelines, valves and appurtenances; or (3)City, county or state agencies for storm drainage or sanitary sewer service pipelines, valves and appurtenances, except industrial wastes transported by pipeline to treatment facilities outside the corporate city limits. (Ord. No. 2004-2755, § 1, 7-12-04) Page 12