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Home My WebLink AboutO-2023-3924ORDINANCE NO. 2023-3924 AN ORDINANCE AMENDING CHAPTER 102 "NATURAL RESOURCES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY REVISING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PERMIT APPLICATIONS FOR CONSTRUCTION, RELOCATION AND REPOSITIONING OF PIPELINES; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 102, "Natural Resources," Article IV. "Pipeline Transportation", Section 106-235 "Application for permit', of the Code of Ordinances of the City of La Porte, Texas, is hereby amended and shall hereinafter read as follows: "Sec. 102-235. - Application for permit A person desiring a permit shall submit a written application to the director and concurrently therewith shall pay a non-refundable fee to the city. The application form, which can be obtained from the director, shall be submitted to the director, in duplicate, with the following information contained thereon: (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 of information; and c. The 24-hour emergency contact (and an alternate 24-hour contact), who 1. Can initiate appropriate actions to respond to a pipeline emergency; 2. Has access to information on the location of the closest shutoff valve to any specific point in the city or its jurisdiction; and 3.Can furnish the common name of the material then being carried by the pipeline. (3) The origin point and destination of the pipeline being constructed, adjusted, relocated. replaced, repositioned or repaired. (4) A description of the commodity(s) to be transported through the pipeline. A copy of the material safety data sheets for the commodity(s) 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 State 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, maps with summarized specifications showing the horizontal pipeline location, the pipeline covering depths and location of shutoff valves within the corporate Iimits and ETJ of the city. The 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 that will be crossed or paralleled within five feet; (9) A summary description of the time, location, manner, means and methods of the proposed construction, including but not limited to the following: a. Detailed cross section/profile drawings for all public way crossings if requested by the Director; b. A plan accurately showing the location, course and alignment of the proposed pipeline, including valve locations (existing and proposed), 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 United States Geological Survey (USGS) maps. (10) 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 (11) A statement that the permittee shall, at any time in the future, where such pipeline or portion thereof crosses or is laid within, under or across any street, road or utility right-of-way, drainage way or public way existing or projected at the time the permit is issued, reposition such pipeline (which shall include lowering or raising the pipeline, as well as casing it, if required) at the permittee's sole expense, when the city reasonably requires such action incidental to public construction or public improvement: Construction, maintenance and improvement of streets, water lines, sanitary sewer lines, storm sewers, ditches and public utilities. The city shall give the permittee prior written notice of the need for repositioning location, and such notice shall be mailed certified mail, return receipt requested, to the permittee as designated in the application. The permittee shall have six months to complete such repositioning. (12) A statement that the permittee shall notify the director at least 48 hours prior to performing any scheduled repairs or maintenance on the pipeline. For unscheduled emergency repairs or maintenance, taken to protect the public health, safety or welfare, the permittee shall notify the city police department dispatcher as soon as practical but no later than one hour after commencing repairs or maintenance." Section 2. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Section 3. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of LaPorte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the day of APRIL 2023. CITY OF LA PORTE, TEXAS By: ATTEST: r 0k pV LA P��Fa��l 1 0 i� •�'s 0l IL Lo ooclwar , ity e d? I f iq •. •`'i J APPROVED AS TO FORM: It7�lh`��I Clark Askins, Assistant City Attorney ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 102 "NATURAL RESOURCES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY REVISING PROCEDURES FOR ADMINISTRATIVE REVIEW OF PERMIT APPLICATIONS FOR CONSTRUCTION, RELOCATION AND REPOSITIONING OF PIPELINES; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 102, "Natural Resources," Article IV. "Pipeline Transportation", Section 106-235 "Application for permit", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended and shall hereinafter read as follows: "Sec. 102-235. - Application for permit A person desiring a permit shall submit a written application to the director and concurrently therewith shall pay a non-refundable fee to the city. The application form, which can be obtained from the director, shall be submitted to the director, in duplicate, with the following information contained thereon: (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 of information; and c. The 24-hour emergency contact (and an alternate 24-hour contact), who 1. Can initiate appropriate actions to respond to a pipeline emergency; 2. Has access to information on the location of the closest shutoff valve to any specific point in the city or its jurisdiction; and 3.Can furnish the common name of the material then being carried by the pipeline. (3) The origin point and destination of the pipeline being constructed, adjusted, relocated, replaced, repositioned or repaired. (4) A description of the commodity(s) to be transported through the pipeline. A copy of the material safety data sheets for the commodity(s) 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 State 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, maps with summarized specifications showing the horizontal pipeline location, the pipeline covering depths and location of shutoff valves within the corporate limits and ETJ of the city. The 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 that will be crossed or paralleled within five feet; (9) A summary description of the time, location, manner, means and methods of the proposed construction, including but not limited to the following: a. Detailed cross section/profile drawings for all public way crossings if requested by the Director; b. A plan accurately showing the location, course and alignment of the proposed pipeline, including valve locations (existing and proposed), 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 United States Geological Survey (USGS) maps. (1 Q) 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 ( 11 ) A statement that the permittee shall, at any time in the future, where such pipeline or portion thereof crosses or is laid within, under or across any street, road or utility right-of-way, drainage way or public way existing or projected at the time the permit is issued, reposition such pipeline (which shall include lowering or raising the pipeline, as well as casing it, if required) at the permittee's sole expense, when the city reasonably requires such action incidental to public construction or public improvement: Construction, maintenance and improvement of streets, water lines, sanitary sewer lines, storm sewers, ditches and public utilities. The city shall give the permittee prior written notice of the need for repositioning location, and such notice shall be mailed certified mail, return receipt requested, to the permittee as designated in the application. The permittee shall have six months to complete such repositioning. (12) A statement that the permittee shall notify the director at least 48 hours prior to performing any scheduled repairs or maintenance on the pipeline. For unscheduled emergency repairs or maintenance, taken to protect the public health, safety or welfare, the permittee shall notify the city police department dispatcher as soon as practical but no later than one hour after commencing repairs or maintenance. ��-tlilt�t_=-[E��=-t�=�}h<�+�all?I�el�-�erH�-tlle li}fHl-r�}-�=tE�i-l�lec:t��;�;1-E-tE-�-t��tt�l=t-Ise-t�iltlitet�l��i��-t�-E-�I=[Iti:�-�;►=t�-1 tft{1 5il(,pleiilell[:1{ 111111l'H1iIIioI, s-1 I nt[?il}f-I[it{-{}-t{1t=1�ti=f}1it[t.-[E?-{}�'-t{f3=UltE�i E1iE{}iii [E Clll\-'.=-t''il ZtK{1il`°J 1bt'L� tllt{ land{ ci {, tllt'-)itlkllltlt'C�i itttitj}I-LJ:( [jil* flikt:�[t)1 F, I ltit 1l`tltlt4t. �4=11I1t-�rx�1[il��: t1IC-FCL{1Id ,(ek l-itl4n-whl �i��Etic N tifal_irisr[�trlt 4I� t11-h�1- iHAbitI+ d. Section 2. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Section 3. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of LaPorte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and fonnally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the day of APRIL 2023. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: Clark Askins, Assistant City Attorney