HomeMy WebLinkAbout87-2732· 344
ORDINANCE NO. 87-2732
AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS,
REQUIRING A CONSUMER OR SELLER OF NATURAL GAS TO
OBTAIN FROM THE CITY A PERMIT TO TRANSPORT GAS
THROUGH PIPELINES CONSTRUCTED ON THE PUBLIC WAYS;
SETTING FEES FOR SUCH PERMITTING AND FOR THE USE
OF PUBLIC WAYS; SETTING PERMIT REQUIREMENTS;
PROVIDING FOR REVOCATIONS AND PENALTIES AND
DECLARING AN EMERGENCY."
WHEREAS, the City of Plainview has a duty and a responsibility
to protect the usage of the public ways; and
WHEREAS, the City of Plainview has a lawful right to charge a
fee and regulate the usage of the public ways as it pertains to
the transporting of natural gas through pipelines constructed on
the public ways; and
WHEREAS, the City Council of the City of Plainview has
determined that it would be in the best interest of the public to
require a permit for the transporting of natural gas through
pipelines constructed on the public ways.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Plainview, Texas:
SECTION 1. DEFINITIONS.
(a) "Consumer" shall mean any individual .person,
corporation, company, partnership, firm unincorporated
association, trust state, agency, governmental entity, political
subdivision of the state, school district, institution of higher
learning, or public corporation that uses or consumes natural gas
within the corporate limits of the City.
(b) "Permit" shall mean the right, license, and privilege
granted by the City to a Consumer or Seller to use the Public Ways
for the purpose of transporting gas owned by any party other than
Transporter and to be used or consumed by Consumer.
(c) "Permittee" shall mean a Consumer or Seller granted a
Permit under this ordinance.
(d) "Pipeline System" shall mean a gas system installed in
the Public Ways and consisting of works, pipes, pipelines,
apparatus, machinery, structures, appliances, and appurtenanaces
reasonably necessary for the sale, transportation, or distribution
of natural gas.
(e) "Public Ways" shall mean any street, alley, avenue,
boulevard, lane, park, parkway, sidewalk, driveway, utility
easement, right of way, and other public ways, places, areas, or
ground within the corporate limits of the City as now constituted
or as may be added hereafter.
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(f) "Purchase Price" shall mean the total purchase price,
paid by a Consumer to a Seller for natural gas that is used or
consumed within the corporate limits of the City and that is
transported to the Consumer through a Pipeline System.
(g) "Seller" shall mean any individual person, corporation,
company, partnership, firm, unincorporated association, trust, or
public corporation (excluding, however, any Transporter) that
sells natural gas to any Consumer, which natural gas is
transported to the Consumer through a Pipeline System.
(h) "Transporter" shall mean any individual person,
corporation, company, partnership, firm, unincorporated
association, trust or public corporation that transports and
delivers gas owned by any party other than Transporter through
Transporter's Pipeline System.
SECTION 2. PERMIT REQUIRED.
(a) No Consumer shall receive, directly or indirectly, gas
within the City that was purchased from a Seller outside of the
corporate limits of the City and that is to be transported through
any Pipeline System installed in the Public Ways unless the
Consumer or the Seller shall hold a valid Permit from the City.
Such Permit shall be issued for the purpose of granting the
Permittee authority to use the Public Ways.
(b) After the operative date of this Ordinance, no
Transporter shall enter into any agreement or arrangement by which
natural gas owned by any party other than such Transporter shall
be transported through any portion of Transporter's Pipeline
System for delivery to any Consumer within the corporate limits of
the City unless (i) the Consumer or Seller shall have obtained a
Permit from the City for the use of the Public Ways in
transporting and delivering gas pursuant to such agreement or
arrangement, (ii) if requested by the City, Transporter agrees
to collect from the Permittee any and all fees to be paid pursuant
to such Permit and to remit such fees so collected to the City on
a monthly basis, and (iii) Transporter agrees to report to the
City, on a monthly basis, all volumes transported through its
Pipeline System for delivery to any Consumer within the corporate
limits of the City pursuant to any such agreement or arrangement.
SECTION 3. FEES. In consideration of the issuance of a
Permit by the City, a Permittee shall pay to the City a fee for
the use of the Public Ways in an amount equal to three percent
(3%) of the Purchase Price of the gas transported or delivered
within the City during the preceding calendar month for
consumption or use within the corporate limits of the City.
SECTION 4. PERMIT REgUIREMENTS.
contain the following material terms:
(a)
Any permit issued shall
The Permittee shall pay the fee set forth in Section 3
to either the City or Transporter, as the case may be,
on a monthly basis, according to the City's direction;
and
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(b)
The Permittee shall grant to the City the right to audit
at reasonable times the books and records of the
Permittee to verify the correct payment of the fee set
forth in Section 3.
SECTION 5. PENALTIES AND REVOCATION.
(a) Any Consumer or Seller adjudged guilty of violating any
section of this ordinance shall be punishable by a fine of up to
Five Hundred Dollars ($500.00) for each offense, and each day of a
continuing violation shall be deemed a separate offense.
(b) Any transporter adjudged guilty of violating Section
2(b) of this ordinance shall be punishable by a fine of up to Five
Hundred Dollars ($500.00) for each offense and each day of
continuing violation shall be deemed a separate offense. It shall
be an affirmative defense to prosecution if transporter acted in
good faith. Good faith may be shown by producing a copy of the
permit given to transporter by consumer or seller.
(c) A permit may be revoked by the City at any time upon ten
days prior written notice to the Permittee and Transporter.
The necessity to protect the public right-of-way and the use
thereof, as,herein described, creates an emergency and it is an
imperative public necessity that more than one reading thereof be,
and the same is hereby suspended; this ordinance shall be passed
and effective as an emergency measure and shall be in full force
and effect from and after its passage as provided by law, and it
is so ordained.
PASSED and APPROVED on first and final reading this the 10th day
of November, 1987. ~ ~c_~~
E.V.RIDLEHUBER, Mayor
J~S P. ~EF~ Ci~ Manager
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APPROVED AS TO FORM:
DAVID ~BLACKBURN, Assistant City Attorney
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