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RES 2010-08TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2010-08 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ENDORSING REGIONAL "BEST PRACTICES" STANDARDS CALCULATED AT FOSTERING IMPROVED INTRSTATE GAS UTILITY-MUNICIPAL RELATIONS WITH REGARD TO THE ACQUISTIONS AND ROUTING OF PIPELINE RIGHTS-OF-WAY THROUGH INCORPARA TED AREAS AND EXTRA TERRITORIAL JURIDICTION AREAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas , is a duly incorporated municipality located in Denton and Tarrant County and created in accordance with the provisions of Chapter 8 of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the development of the Barnett Shale has necessitated the installation of a comprehensive intra-state pipeline network though which produced hydrocarbons are carried from gas well operators to the public utility system ; and WHEREAS, this pipeline network frequently conflicts with the long range comprehensive planning goals of north Texas municipalities and creates hardship for individual property owners affected by pipeline routing; and WHEREAS, in an effort to mitigate the conflict and hardship posed by pipeline right-of-way acquisition and routing the Texas Pipeline Association, a private trade association representing the interests of the intrastate pipelines in Texas, has endorsed the concept of a regional "best practices" policy; and WHEREAS, through the collaborative efforts of many north Texas municipalities and the Texas Pipeline Association and its members, the parties have developed guidelines entitled: "Best Practices for Pipeline and Municipality Relations "; and WHEREAS, the Town Council of the Town of Trophy Club, reviewed the "Best Practices for Pipeline and Municipality Relations " guidelines developed by this group , and decided to revise these guidelines in an effort to address certain issues ; and WHEREAS , the revised non-binding "Best Practices for Pipeline and Municipality Relations" guidelines constitute a series of non-legislative standards setting forth the parties ' expectations with respect to pipeline pre-routing, right-of-way acquisition and construction ; and Resolution 2010-08 (File 10 2010-207) 1 T wn ttorney , Patricia A WHEREAS, the Town Council of the Town of Trophy Club, Texas has determined that it is in the best interest of the public health , safety and general welfare to endorse the revised non-binding "Best Practices for Pipeline and Municipality Relations" guidelines attached hereto ; and WHEREAS , the Town Council of the Town of Trophy Club, Texas would further encourage intrastate gas ut ilities to endorse and commit the standards set forth in the revised "Best Practices for Pipeline and Municipality Relations" guidelines, with respect to pipeline operations in incorporated areas; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section I. The Town Council does hereby endorse the revised "Best Practices for Pipeline and Municipality Relations " guidelines attached hereto as Exhibit "A ". The revised "Best Practices for Pipeline and Municipality Relations " guidelines are not intended to serve as litigation of the Town of Trophy Club , Texas , and instead are calculated at fostering improved intrastate gas utility-municipal relations with regard to the acquisition and routing of pipeline rights-of-way through the Town. Section II. This Resolution shall be effective from its date of adoption .. PASSED AND APPROVED by the Town Council of the Town of Trophy Club , Texas , this 12'h day of April, 2010 . Mayor, Connie White Town of Trophy Club, Texas ATTEST : own Secretary, Lisa Hennek Town of Trophy Club , Texas [Seal] APPROVED AS TO FORM : Adams Town of Trophy Club , Texas Resolution 2010-08 (File ID 2010-207) 2 Best Practices for Pipeline and Municipality Relations I. Pre-Routing: A. Municipality will designate the department or person with whom pipeline operators should meet prior to obtaining easements and planning of final pipeline route. 1. Municipality will provide a packet of information which includes all ordinances and other planning documents which are applicable to pipelines. Pipeline operators will read all ordinances in advance. 2. Pipeline operators will present municipality with preliminary route(s) of pipelines, as well as accessory equipment including, but not limited to compressing facilities, from origin to terminus within the municipality's corporate boundaries together with fixed routing issues (e.g. known well locations that must be connected, existing right ofway considered, required and anticipated issues along the preliminary route known by the pipeline operators to affect the routing). 3 . Utilizing the municipalities' development review process, municipalities will provide initial development review conunents on the preliminary route within a reasonable amount of time. Reasonable time is defmed as not longer than two (2) weeksJor gathering lines and not longer thanJour (4) weeksJor transmission lines. Pipeline operators agree to respond to the municipality's comments in a reasonable time frame. B. Consistent with the provisions of Section I 81.005(b) and (c) of the Texas Utilities Code, pipeline operators will comply with the following requirements in determining routes within a municipality: 1. 1n determining the route of a pipeline within a municipality, a gas cOlporation shall consider /Ising existing easements and public rights-of-H-'aY, including streets, roads, highways, and utility rights-of-'t1-'(Jy . In deciding to use a public easement or right-oJ-....l'ay, the gas corporation shall consider whether: (1) the lise is economically practicable; (2) adequate space exists; (3) the use will violate, or calise the violation oj any pipeline saJety regulations . (4) the use may require an annual charge Jar pipeline placement; and (5) the use may require cost recovelY Jar public infrastructure damage. 2. Route will be as consistent as practical with existing municipal planning documents and standard utility construction practices for existing and future municipal land uses while respecting private property rights. 3. Both parties will strive for the most direct, cost effective, and time efficient route. ( 4. The location of pipelines in public rights of way, utility easements or other City owned property may not interfere with or damage existing utilities or prevent the installation of master planned municipal infrastlUcture. 5. Pipeline operators will actively participate in planning of preferred pipeline routes with contiguous municipalities on a project by project basis. II. Right-of-way Acquisition: A. Pipeline operators will require right-of-way agents to be registered with the Texas Real Estate Commission (TREC). B. Pipeline operators commit to negotiate in good faith with property owners before resorting to eminent domain. If eminent domain is to be utilized in the corporate city limits ofa municipality, the pipeline operator will provide prior notice to the City Manager, or chief administrative official, of the affected municipality. C. A current copy of the GENERAL GUIDELINES FOR RIGHT OF WAY ACQUlSTION. ~ONSTRUCTION AND OPERt\J'IONS is attached to this document as Attachment A. III. Construction Phase: A. Municipalities commit, when practical, to grant temporary working easements within public rights of way during construction consistent with existing regulatory authority. B. Pipeline operators will promptly respond to complaints and will provide to the City contact in format ion for a 24-hour representative who can be reached at all stages of construction. C. Pipeline operators will work cooperatively with municipalities in locating pipeline structures in relations to critical municipal infrastructure. D. Pipeline operators shall only remove trees and other vegetation in a manner that is consistent with local ordinance(s), unless additional removal is demonstrated as being necessary for pipeline safety and/or regulatolY compliance. E. Pipeline operators will provide copies of "as built" plans, pipeline inventory updates, and final pipeline routing maps within the municipalities' corporate limits and extra tenitorial jurisdiction (ETJ) in a format acceptable to the Municipality. These maps will include accessory equipment including, but not limited to, compressing facilities. F. Municipalities and their contractors will commit to use the State's One-Call system when undertaking any excavations in order to avoid damaging pipelines. TV. Desirable: A. Pipeline operators will work with municipalities to employ principles to reduce noise and environmental impacts on neighboring residents and businesses, consistent with existing local ordinances. B. When the pipeline operator has the right to do so and it is reasonable to do so, and when it would not unreasonably interfere with operations, the pipeline operator may grant municipalities surface uses Ul pipeline easements.