§ 34-196. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned pipeline means a pipeline that the owner has no intention of reactivating.

Adjustment means the horizontal or vertical repositioning of a pipeline within a public way to a position greater than 50 feet from its position immediately prior to such repositioning or outside the public way.

Director means the director of engineering or his designee.

Hazardous liquid, as defined by the state railroad commission at Title 16, Texas Administrative Code, section 7.80, means 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 if such materials at any time shall be introduced into any pipeline which is subject to this article. It shall also include carbon dioxide, defined at 49 C.F.R. § 195.2 as a fluid consisting of more than 90 percent carbon dioxide molecules compressed to a supercritical state.

Idled pipeline means a pipeline that has temporarily been taken out of service for a continuous period of at least one 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.

In means in, under, across, above, over, upon, through, among or in any manner connected with.

Intrafacility 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.

Jurisdiction means the area within the corporate boundaries of the city and the unincorporated geographical area 5,000 feet beyond the corporate boundaries of the city which is not in another city's extraterritorial jurisdiction under the authority of the V.T.C.A., Local Government Code § 42.001, to promote and protect the general health, safety and welfare of persons residing in and adjacent to the city and to define nuisances under authority of V.T.C.A., Local Government Code § 217.042. For purposes of this article, the areas within an industrial district shall not be considered as part of the jurisdiction.

New pipelines means pipelines constructed after the effective date of the ordinance from which this article derives, but shall not include:

(1)

The replacement or repair of any existing pipeline;

(2)

The realignment of a portion of an existing pipeline to a position that is not greater than 50 feet from its original position;

(3)

Surface appurtenances added to existing pipelines;

(4)

Subsurface appurtenances not located in a public way; or

(5)

Relocation, adjustment or realignment required or requested by the city.

Owner or operator means any person who owns or operates a pipeline which transports gas, hazardous liquids or chemicals.

Person means 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.

Pipeline means 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 article 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 serves a function exclusive to the respective refinery/petrochemical plant storage area or terminal; and

(3)

The pipeline is part of an intrafacility piping system.

Pipeline emergency refers 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 his operations, in accordance with accepted safety practices;

(2)

Release of a gas, hazardous liquid or chemical which could adversely impact the environment or health of individuals, livestock and 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 $5,000.00 in combined values; or

(6)

The rerouting of traffic or the evacuation of buildings.

Public way means, but is not 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.

Refinery/petrochemical plant means individual facilities and integrated facilities located within a recognized common boundary line.

Repair means 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.

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 50 feet from the pipeline being removed from service for any purpose other than to repair existing facilities.

Unregulated pipelines means 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.

(Code 1967, § 11¼-16; Ord. No. 7839, § 1, 11-12-96; Ord. No. 9034, § 10, 11-9-00)

Cross reference

Definitions generally, § 1-2.