§ 32-211. General requirements and minimum design standards.

(a)

An oil and gas pipeline permit is required as follows:

(1)

It is unlawful for any person, acting either for himself or as an agent, employee, independent contractor or servant of any other person, to commence to construct, install, operate or reconstruct an oil or gas pipeline or any section of a pipeline or to operate any pipeline or to assist in the construction, installation, operation or reconstruction of a pipeline if a lawful oil and gas pipeline permit has not been obtained.

(2)

Any application to construct, lay, rework, wrap or otherwise lower or replace existing pipelines or install monitoring or recovery wells shall be submitted to the city in a form prescribed by the city.

(3)

Each application for an oil and gas pipeline permit shall be accompanied by 14 sets of plans showing the dimensions and locations of the pipelines and related items or facilities within the subject right-of-way or easement, as well as all proposed lift stations, pumps or other service structures related to such pipeline and the location, type, and size of all existing utilities, drainage, right-of-way, and roadway improvements.

(4)

Within 15 days after the date of filing of the application and plans, the city shall send notice to the applicant as to whether the application will be accepted for processing and the total charge due. If the application is rejected, reasons for rejection of the application shall be provided in writing.

(b)

No pipeline for the transportation of gas, oil or hydrocarbons from wells to be drilled shall be constructed or laid except on rights-of-way or easements owned by the owners or operators of wells or third party pipeline companies, or upon designated drilling tracts and upon rights-of-way or easements necessary to connect future well sites to present lines.

(c)

In order to enable the holder of each permit to move gas, oil, water or other products to or from the location of a well, the holder of each permit shall apply to the city for an easement on, over, under, along or across the city streets, sidewalks, alleys, and other city property for the purpose of constructing, laying, maintaining, operating, repairing, replacing, and removing pipelines so long as production or operations may be continued under any permit issued pursuant to this division; provided, however, such permittee shall:

(1)

Not interfere with or damage existing water, sewer or gas lines or the facilities of public utilities located on, under or across the course of such right-of-way.

(2)

Furnish to the city secretary a plat showing the location of such pipelines for the transport of gas, oil or hydrocarbons. The plat shall conform to the city's standards for oil and gas well development plats.

(3)

Construct such lines or cause same to be constructed out of new pipe.

(4)

Grade, level, and restore such property to the same surface condition, as nearly practicable, as existed when operations were first commenced.

(d)

Pipeline trenches shall be backfilled and pipelines shall be constructed so as to maintain a minimum depth of 36 inches below the finished grade except in public rights-of-way, where minimum cover to the top of the pipe shall be 48 inches below the bottom of the adjacent roadside ditch. Public roads may not be crossed by open cut.

(e)

In all cases in which residential lots in a proposed subdivision are crossed or come by or come within 100 feet of any existing oil or gas pipeline or pipeline easement, the subdivider shall, prior to and as a condition of city approval of the subdivision, execute the following waiver and hold harmless agreement, duly acknowledged in the manner provided by law, and which shall be recorded in the appropriate deed or other permanent county records:

The subdivider, by and through its duly undersigned and authorized officer, does state that it fully realizes that it is applying for a permit from the city to build within 100 feet of an existing oil or gas pipeline or pipeline easement, and that the city considers building near such pipeline or pipeline easement to have certain inherent dangers, including, but not limited to, explosion and release of noxious, toxic and flammable substances. For the aforementioned reasons, the subdivider does release and agrees to forever hold harmless the city, its officers and employees from all liability in any way arising from the building, its use or the habitation of the structure described in the permit.

(f)

In all cases in which residential lots in a proposed subdivision are crossed or come by or come within 100 feet of any existing oil or gas pipeline or pipeline easement, the subdivider shall provide a note on the face of the preliminary plat and final plat stating that the subdivision is crossed or is located within 100 feet of an existing oil or gas pipeline.

(g)

Construction, repair and/or maintenance of all pipelines, gathering lines, and production lines shall meet or exceed the minimum criteria established by the statutory or regulatory requirements of the state and federal governments for oil and gas pipelines.

(h)

Transmission pipelines, gathering lines and production lines within the city limits or extraterritorial jurisdiction shall be constructed in accordance with the ordinances and shall be designed and constructed to the latest standards mandated by the Federal Department of Transportation (DOT) and state railroad commission for pipelines operating within a class 3 location in accordance with 49 CFR 192.111.

(i)

Lines subject to this division shall be constructed with an automated, pressure monitoring system that detects leaks and shuts off any line or any section of line that develops a leak. In lieu of such system, the pipeline operator may have 24-hour pressure monitoring of the pipeline system which provides monitoring of the pipeline within the city limits and extraterritorial jurisdiction. Any monitoring system shall be keyed to or required to notify the city's emergency response providers in order to provide them with immediate notice of any leak.

(j)

Construction on the pipeline must commence within six months of approval by the city; otherwise the permit expires. A one-year extension of time may be granted if existing conditions are the same. Once construction has commenced, the permit shall continue until the pipeline covered by the permit is complete and the site restored or within one year of the approval date of the permit by the city council, whichever comes first.

(Code 1994, § 4.921; Ord. No. 430, § 1, 9-17-2007)