§ 40-228. Definitions.  


Latest version.
  • For the purposes of this article, the following terms have the meaning ascribed to them in this section, unless the context clearly indicates otherwise:

    Abandoned pipeline means a pipeline in any portion of a street that the permittee has permanently disconnected from an operating pipeline.

    Director means the Director of Houston Public Works or his or her designee.

    Effective date means the effective date of this article which is December 11, 2001.

    Emergency refers to an incident that may cause an immediate threat to public health, safety, or welfare, including an incident in which any of the following has occurred, is occurring or is imminent: (i) fire or explosion not initiated by the permittee as part of its operations, in accordance with accepted safety practices; (ii) release of an explosive gas, hazardous liquid or chemical that could adversely affect the environment or health of individuals, livestock, domestic animals, and wildlife; (iii) death of any person; (iv) bodily harm of any person that results in loss of consciousness, the need to assist a person from the scene of an incident or the necessity of medical treatment in excess of first aid; (v) damage to private or public property not owned by the permittee in excess of $5,000.00 in combined values; or (vi) the rerouting of traffic or evacuation of buildings.

    Existing pipeline means a pipeline, including an abandoned pipeline, in any portion of a street as of the effective date of this article.

    Gathering system means a pipeline or system of pipelines, in any portion of a street, operated as incident to the development or operation of an oil and/or gas field within or adjacent to the corporate limits of the city, including but not limited to lines for gathering liquids or gases from wells, tanks, or field pumping stations, for the transportation of water (including salt water) for mineral drilling and production purposes, and for transportation of liquids or gases produced from the field to other locations within the field for operational, gathering, or drilling purposes or to a gas plant or pipeline not included in such gathering system.

    New pipeline means a pipeline other than an existing pipeline in any portion of a street.

    Permit ordinance means a permit ordinance enacted by city council pursuant to this article.

    Permitted affiliate means a person controlling, controlled by, or under common control with permittee, which has (or for which permittee has) agreed, in a form approved by the city attorney, to unconditionally assume all duties, obligations, and liabilities of permittee under this article and/or a permit ordinance, without regard to the legal status of such person.

    Permittee means a person, its successors and assigns, and permitted affiliates named in a permit ordinance.

    Person means an individual, corporation, joint venture, partnership, limited liability company, limited partnership, limited liability partnership, municipality, or other legal entity, including but not limited to trustee, assignee, receiver, and personal representative.

    Pipeline means a system of physically connected lines of pipe through which gas or liquids move in transportation and which are operated as a single unit under normal operating conditions, including but not limited to spurs, laterals, valves, corrosion protection devices, and other appurtenances attached to and part of the operation of the line of pipe. Each gathering system shall be treated as one pipeline for all purposes of this article and each permit ordinance.

    Street means, but is not limited to in any manner, the surface, land below and airspace above any public street, road, avenue, highway, freeway, bridge, tunnel, alley, boulevard, sidewalk, parkway, lane, drive, circle, or other public right-of-way (each irrespective of its extent of public use or whether opened to vehicular traffic) in the corporate limits of the city, as may be established from time to time. "In" the street means across, along, under, or over a street.

(Ord. No. 01-1078, § 2, 12-5-01; Ord. No. 2018-11 , § 49, 1-10-2018)