(A) The town has the right to control and regulate the use of the public rights-of-way, public places and other town-owned property and the spaces above and beneath them. Pipeline company shall comply with all applicable laws, ordinances, rules and regulations, including, but not limited to, town ordinances, rules and policies related to construction permits, construction bonds, permissible hours of construction, operations during peak traffic hours, barricading requirements and any other construction rules or regulations that may be promulgated form time to time.
(B) Pipelines shall not be erected, installed, constructed, repaired, replaced or maintained in any manner that places an undue burden on the present or future use of the public rights-of-way by the town and the public. If the town reasonably determines that the pipeline does place an undue burden on any portion of the public rights-of-way, pipeline company, at pipeline company’s sole cost and expense and within a reasonable time period specified by the town, shall modify the pipeline or take other actions reasonably determined by the town to be in the public interest to remove or alleviate such undue burden.
(C) Prior to the undertaking of any kind of construction, installation, maintenance, removal, repairs or other work that requires the excavation, lane closure or other physical use of the public rights-of-way, pipeline company shall, except for work required to address an emergency, provide at least 48 hours’ advance written notice to the owners of property adjacent to the public rights-of-way that will be affected. In the case of emergencies pipeline company shall provide notice to the affected landowners with 24 hours after commencement of work.
(D) During any such work, pipeline company shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public. The use of such traffic control devices shall be consistent with the standards and provision of Part VI of the Texas Manual on Uniform Traffic Control Devices. Pipeline company shall utilize appropriate warning lights at all construction and maintenance sites where one or more traffic lanes are closed or obstructed during nighttime conditions. Pipeline company shall plan and execute construction of the pipeline so that no flood conditions are created or worsened on the surrounding land. To minimize erosion, the excavated portion of the right-of-way adjacent to the improved portion of the road shall be restored and revegetated in accordance with the appropriate grass seed mix.
(E) Pipeline company shall bury or have buried its pipeline facilities at least four feet deep except underneath public roads. Underneath public roads, pipeline company’s pipeline facilities shall be at least seven feet below the lowest point in such road pavement. When pipeline facilities cannot be bored, during backfill of the pipeline excavation, “buried pipeline” warning tape shall be buried one foot above the pipeline to warn future excavators of the presence of the pipeline.
(F) Isolation valves. The number and location of isolation valves on the pipeline shall be approved by the town and clearly indicated on the construction plans.
(G) Marking of pipeline. The pipeline shall be marked, in a manner that is reasonably acceptable to the Gas Inspector, to show conspicuously pipeline company’s name, a toll-free telephone number of pipeline company that a person may call for assistance and the appropriate Texas One Call System telephone number.
(H) Pavement cut coordination and additional fees. The town shall have the right to coordinate all excavation work in the public rights-of-way in a manner that is consistent with and convenient for the implementation of the town’s program for street construction, rebuilding, resurfacing and repair. To preserve the integrity of the public rights-of-way, pipeline company shall not cut, excavate or otherwise breach or damage the surface of any paved public right-of-way within 96 months following the construction or resurfacing of such public rights-of-way unless pipeline company obtains written consent from the Town Administrator, which consent shall not be unreasonably withhold, pays an additional fee reasonably agreed to by and between the parties, and restores the public rights-of-way in accordance with this section.
(I) Restoration of public rights-of-way and property. Pipeline company, at pipeline company’s sole cost and expense, and in a manner approved by the town, shall promptly restore any portion of the public rights-of-way, town-owned property or other privately-owned property that are in any way disturbed or damaged by the construction, operation, maintenance or removal of any of the pipeline to, at pipeline company’s option, as good or better a condition as such property was in immediately prior to the disturbance or damage. Pipeline company shall complete the restoration of property from any disturbance or damage within 60 calendar days following the date that pipeline company first became aware of the disturbance or damage. Any private service/utility lines that are in any way disturbed or damaged by the pipeline company’s construction, operation, maintenance or removal of any of the pipeline, shall be repaired at the pipeline company’s sole cost and expense within 24 hours.
(J) Relocation of pipeline. Within 120 calendar days following a written request by the town, pipeline company, at pipeline company’s sole cost and shall protect support, disconnect, alter or remove from the public rights-of-way all or any portion of its pipeline due to street or other public excavation, construction, repair, grading, regarding or traffic conditions; the installation of sewers, drains, water pipes or municipally-owned facilities of any kind; the vacation, construction or relocation of streets or any other type of structure or improvement of a public agency; any public work; or any other type of improvement necessary, in the town’s sole discretion, for the public health, safety or welfare. If pipeline company reasonably requires more than 120 days to comply with the town’s written requirements, it shall notify the Town Manger in writing and the town will work in good faith with pipeline company to negotiate a workable time frame. Any relocation will require that the town, at pipeline company’s expense, approve pipeline company’s plans. It is the desire of both parties to determine such relocation with the existing public rights-of-way.
(K) Emergencies.
(1) Work by the town. A PUBLIC EMERGENCY shall be any condition which, in the reasonable opinion of the officials specified herein, poses an immediate threat to life, health or property and is caused by any natural or man-made disaster, including, but not limited to, storms, floods, fires, accidents, explosion, water main breaks and hazardous materials spills. In the event of a public emergency, the town shall have the right to take whatever action is deemed reasonably appropriate by the Town Administrator, or their authorized representatives, including, but not limited to, action that may result in damage to the pipeline, and company hereby:
(a) Releases the town, its officers, agents, servants, employees and subcontractors from liability or responsibility for any damages that may occur to the pipeline or that pipeline company may otherwise incur as a result of such necessary response; and
(b) Agrees that pipeline company, at pipeline company’s sole cost and expense, shall be responsible for the repair, relocation or reconstruction of all or any of its pipeline that is affected by such action of the town. In responding to a public emergency, the town agrees to comply with all local, state and federal laws, including, without limitation, any requirements to notify the Texas One Call System, to the extent that they apply at the time and under the circumstances. In addition, if the town takes any action that it believes will affect the pipeline, the town will notify the pipeline company as soon as practicable so that the pipeline company may advise and work with the town with respect to such action.
(2) Work by or on behalf of pipeline company. In the event of an emergency that directly involves any portion of the pipeline and necessitates immediate emergency response work on or repairs, pipeline company may initiate the emergency response work or repairs or take any action required under the circumstances provided that pipeline company notifies the town as promptly as possible. After the emergency has passed, pipeline company shall apply for and obtain a construction permit from the town and otherwise fully comply with the requirements of the applicable right-of-way use agreement.
(L) Removal of pipeline.
(1) Pipeline company obligated to remove. Upon the revocation, termination or expiration without extension or renewal of an agreement, company’s right to use the public rights-of-way under this agreement shall cease and pipeline company shall immediately discontinue the transportation of gas in or through the town. Within 180 days following such revocation, termination or expiration and if the town requests, pipeline company, at pipeline company’s sole cost and expense, shall remove the pipeline from the public rights-of-way (or cap and abandonment of the pipeline, if consented to by the town), in accordance with applicable laws and regulations.
(2) Town’s right to remove. If pipeline company has not removed all of the pipeline from the public rights-of-way (or capped the pipeline, if consented to by the town) within six months following revocation, termination or expiration of an agreement, the town may deem any portion of the pipeline remaining in the public rights-of-way abandoned and, at the town’s sole option:
(a) Take possession of and title to such property; or
(b) Take any and all legal action necessary to compel pipeline company to remove such property; provided, however, the pipeline company may not abandon its facilities or discontinue its services within the town without the approval of the Commission or successor agency or any other regulatory authority with such jurisdiction.
(3) Restoration of property within six months following revocation, termination or expiration of an agreement. Pipeline company shall also restore any property, public or private, that is disturbed or damaged by removal (or, if consented to by the town, capping) of the pipeline. If pipeline company has not restored all such property within this time, the town, at the town’s sole option, may perform or have performed any necessary restoration work, in which case pipeline company shall immediately reimburse the town for any and all reasonable costs incurred in performing or having performed such restoration work.
(Ord. 326, passed 7-14-2011) Penalty, see § 154.999