Mr. John Hodge, Weiner, Weiss & Madison, presented the final draft of the proposed ordinance amending Chapter 94, Article II, of the Bossier Parish Code of Ordinances “Utility Lines”, to provide regulations for pipelines and to include common carriers. He stated that only minor changes have been made since review of the proposal at the April 15, 2009, regular meeting, and stated that these regulations apply only to pipelines that cross a parish right-of-way.
Motion was made by Mr. Altimus, seconded by Mr. Cochran, to adopt an ordinance amending Chapter 94, Article II, of the Bossier Parish Code of Ordinances “Utility Lines”, to add “Pipelines”, and amending Sections 94-41 through 94-52 accordingly. Motion carried unanimously.

ORDINANCE NO. 4280
AN ORDINANCE AMENDING CHAPTER 94, ARTICLE II, OF THE BOSSIER PARISH CODE OF ORDINANCES TO ADD “PIPELINES”, AND AMENDING CHAPTER 94, SECTIONS 94-41 THROUGH 94-52 ACCORDINGLY.
BE IT ORDAINED, by the Bossier Parish Police Jury in regular and legal session on this 6th day of May, 2009, that Chapter 94, Article II., of the Bossier Parish Code of Ordinances be and is hereby amended to read as follows:
CHAPTER 94, ARTICLE II. UTILITY LINES AND PIPELINES*
*Cross references: Utilities, ch. 122.
Sec. 94-41. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Common Carrier means any person under the definition of “person” in this section, who:
(1) owns, operates, or manages a pipeline or any part of a pipeline in the Parish of Bossier for the transportation of crude petroleum to or for the public for hire, or engages in the business of transporting crude petroleum by pipeline;
(2) owns, operates, or manages a pipeline or any part of a pipeline in the Parish of Bossier for the transportation of crude petroleum to or for the public for hire and the pipeline is constructed or maintained on, over, or under a public road or highway, or is an entity in favor of whom the right of eminent domain exists;
(3) owns, operates, or manages a pipeline or any part of a pipeline in the Parish of Bossier for the transportation of crude petroleum to or for the public for hire which is or may be constructed, operated, or maintained across, on, along, over, or under the right-of-way of a railroad, corporation, or other common carrier required by law to transport crude petroleum as a common carrier;
(4) under lease, contract of purchase, agreement to buy or sell, or other agreement or arrangement of any kind, owns, operates, manages, or participates in ownership, operation, or management of a pipeline or part of a pipeline in the Parish of Bossier for the transportation of crude petroleum, bought of others, from an oil field or place of production within this parish to any distributing, refining, or marketing center or reshipping point within this state;
(5) owns, operates, or manages, wholly or partially, pipelines for the transportation for hire of coal in whatever form or of any mixture of substances including coal in whatever form; or
(6) owns, operates, or manages, wholly or partially, pipelines for the transportation of carbon dioxide or hydrogen in whatever form to or for the public for hire.
Person means any individual, group of individuals, firm, partnership, association, corporation or other legal entity, natural or civil, not regularly and routinely engaged in the public utility business in the parish, under regulation of the state public service commission, and charging retail rates to its utility customers on a monthly basis.
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Pipeline means any pipe or other conduit in or through which is transported, transmitted or contained any substance which may be transported or contained in pipelines, such as liquids, solids, gases or other such things, whether singularly or in combination with any other thing.
Public utility means any person under the definition of "person" in this section, who is regularly and routinely engaged in the public utility business in the parish, under regulation of the state public service commission, and charging retail rates to its utility customers on a monthly basis.
Natural Gas Transporter means any person under the definition of “person” in this section, who owns or operates a pipeline within the Parish of Bossier for the gathering, transportation, transmission or distribution of natural gas, which said pipeline does not extend beyond the boundaries of the state of Louisiana.
Utility line means any pipe, wire, cable or other conduit in or through which is transported, transmitted or contained any substance which may be transported or contained in utility lines, such as liquids, solids, gases, electricity or electrical impulses or amplifications, sound waves or vibrations, sewage or other such things, whether singularly or in combination with any other thing.
(Code 1975, §§ 25:42, 25:75)
Cross references: Definitions generally, § 1-2.
Sec. 94-42. Installation on parish rights-of-way by public utilities, common carriers or natural gas transporters; bonds required.
Annually, during the month of January, each public utility, common carrier or natural gas transporter in the parish shall post with the police jury a bond, or other security satisfactory to the police jury, in the sum of $10,000.00, to guarantee proper repair and restoration of any and all damage sustained by the parish road system arising out of the installation, erection or maintenance of its utility lines or pipelines on any public right-of-way forming a part of the parish road system during the calendar year. No work involving the installation, erection, replacement, connection or disconnection to or from, or other maintenance on or of a utility line on any public right-of-way forming a part of the parish road system shall be performed by a public utility, common carrier or natural gas transporter unless and until the required bond has been furnished.
(Code 1975, §§ 25:42, 25:76)
Sec. 94-43. Specifications and conditions for bonds required of public utilities, common carriers or natural gas transporters.
(a) The bond required of public utilities in section 94-42 shall be on a form furnished by the police jury, and shall contain the following conditions:
(1) Traffic on the road shall not be unduly interfered with during the period of construction;
(2) Upon completion of such construction, the road or highway shall be promptly restored to its former condition of usefulness, at the expense of the public utility, common carrier or natural gas transporter, and the restoration shall be subject to the supervision and approval of the parish administrator of the police jury;
(3) When laying utility lines or pipelines over, under or across a road or highway or right of way owned by the Parish, all requirements of the state department of transportation and development for the laying of similar lines across state highways, including requirements for depth, height, character and quality of the conduit and manner of construction, shall apply; provided, however, that a utility line running parallel to a road or highway shall be laid in or on the outer edge of the ditch line of the road or highway farthest removed from the edge of the road surface and, provided, further, that all underground utility lines shall be laid to a minimum depth of 24 inches below the surface;
(4) The public utility, common carrier or natural gas transporter shall compensate the parish for all damages resulting to any parish road in the laying, maintaining, erecting or installation of any utility line or pipeline which is not corrected or restored by the public utility, common carrier or natural gas transporter;
(5) The public utility, common carrier or natural gas transporter shall protect and hold harmless the police jury and its agents and employees against any claims, damages or losses for personal injury or property damage sustained by third parties by reason of such construction.
(Code 1975, §§ 25:42, 25:77)
Sec. 94-44. Failure of public utility, common carrier or natural gas transporter to repair or restore parish roads.
If a public utility, common carrier or natural gas transporter neglects, refuses or otherwise fails to properly repair and restore any damage sustained by the parish road system arising out of the installation, erection or maintenance of its utility lines or pipelines on any public right-of-way forming a part of the parish road system within 30 days from the date written notice of such damage is mailed to the public utility by the police jury, the public utility, common carrier or natural gas transporter shall become liable for criminal penalties as provided in this article, and the police jury may make the repairs and restoration, and the cost therefor shall be recovered under the bond or other security or from the public utility, or both. The obligation on such bond shall be in solido.
(Code 1975, § 25:78)
Sec. 94-45. Permit required for cutting roads by public utilities, common carriers or natural gas transporter; emergency repairs.
(a) Public utilities, common carriers or natural gas transporter shall not cut, break, dig through or into, or otherwise sever or damage, the paved surface of any parish road without obtaining a written permit to do so from the parish administrator of the police jury.
(b) If emergency repairs are necessary to maintain service in or through the utility line or pipeline, the public utility, common carrier or natural gas transporter making the emergency repairs shall comply with the provisions of this section within ten days from the completion date of the emergency repairs.
(Code 1975, §§ 25:42, 25:79)
Sec. 94-46. Compliance required.
It shall be unlawful for any person to maintain, dig for or erect, install or replace, or disconnect or connect to or from a utility line or pipeline along, under, across or over any public right-of-way which is a part of the parish road system
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without complying with this article, obtaining a permit from the police jury to do so, paying the required fee therefor, and giving bond as required in this article to guarantee the repair and restoration of any damages which the parish road system may sustain.
(Code 1975, §§ 25:42, 25:80)
Sec. 94-47. Conditions for issuance of permit.
No permit shall be issued, except upon the following conditions:
(1) Traffic on the road shall not be unduly interfered with during the period of construction;
(2) Upon completion of such construction, the road or highway shall be promptly restored to its former condition of usefulness, at the expense of the applicant for the permit, and the restoration shall be subject to the supervision and approval of the parish administrator of the police jury;
(3) When laying the utility lines or pipelines, all requirements of the department of transportation and development for the laying of similar lines across state highways, including requirements for depth, height, character and quality of the conduit or pipeline and manner of construction, shall apply; provided, however, that a utility line running parallel to a road or highway shall be laid in or on the outer edge of the ditch line of the road or highway farthest removed from the edge of the road surface and, provided, further, that all underground utility lines shall be laid to a minimum depth of 24 inches below the surface (i.e. shall be laid to a minimum depth of 24 inches lower than the lowest part of the drainage or bar ditch)
(4) The applicant shall compensate the parish for all damages resulting to any parish road in the laying, maintaining, erecting or installation of any utility line or pipeline which is not corrected or restored by the applicant;
(5) The applicant shall protect, hold harmless, and indemnify the police jury and its agents and employees against any claims, damages or losses for personal injury or property damage sustained by third parties by reason of the exercise of the permit;
(6) The applicant shall agree to remove and dispose of pipelines larger than 4 inches in diameter in a right of way owned by the Parish, including abandoned casings, as soon as they stop serving a useful purpose. Where it is not possible nor feasible to remove pipelines and/or casings under existing public right of ways, such pipelines and/or casings may be abandoned in place provided removals shall be accomplished by the owner, as near to the highway on each side as possible and in all cases, beyond existing ditches to right of way lines, and further provided that all pipelines and/or casings abandoned under the highway or otherwise on the Parish right of way shall be abandoned in accordance with the Louisiana Department of Public Transportation (“DOTD”) Title 49 (i.e., pipelines must be purged, capped, and filled with grout or cement);
(7) When laying pipelines, the applicant must agree to comply with all of the Standards for the Installation of Pipelines on State Highways required by the DOTD, including its Engineering and Directives Standard Manual in effect at the time of said laying of the pipelines;
(8) When laying pipelines, the applicant must agree to relocate or lower any pipeline at no cost to the police jury, should same become necessary due to any reason, including widening or lowering or any other alteration to the roadway or right of way;
(9) Prior to commencement of laying pipelines (exclusive of utility lines) larger than 4 inches in diameter, the applicant shall furnish the parish engineer with a plat showing the location of such pipelines or flowlines, including GIS information sufficient to locate the pipelines or flowlines in the future, including the beginning and end points of the pipeline or flowline and sufficient points in between the pipeline or flowline route and the depth of cover information; and detailed cross-section drawings for all public rights-of-ways and easement crossings as allowed by the parish. Failure to provide necessary GIS information shall act as a release of the Parish from responsibility for any damages or cost of repair to such pipelines or flowlines arising from any activity by or under authority of the Parish;
(10) When laying pipelines (exclusive of utility lines) within a right of way owned by the Parish, the applicant must agree that it will not lay a pipeline (exclusive of utility lines) parallel to a road or highway; and
(11) When laying pipelines within a right of way owned by the Parish, the pipelines must not impair the public health, safety or welfare. The Parish reserves the right to reject any application for a permit for a pipeline within a public right of way if it is contrary to the public’s health, safety and/or welfare.
(Code 1975, §§ 25:42, 25:81)
Sec. 94-48. Requirements of persons desiring permits.
Any person desiring to obtain a permit for any construction provided for in this article shall:
(1) Submit a written application and shall file a survey with the application showing the location of the proposed construction;
(2) Pay to the police jury a fee in an amount as set forth in the fee schedule below, which shall be used by the police jury to pay the charges of an inspector to inspect the work to be done by the applicant. The fee schedule shall be:
a. If the diameter of the pipe is greater than zero (0.00”) inches but less than or equal to four (4.00”) inches, the fee shall be $50.00;
b. If the diameter of the pipe is greater than four (4.00”) inches but less than or equal to eight (8.00”) inches, the fee shall be $150.00; and
c. If the diameter of the pipe is greater than eight (8.00”) inches, the fee shall be $250.00.
(3) Give a bond in an amount that the parish administrator shall require, not to exceed $25.00 per linear foot for the proposed work the applicant desires to be done, which bond shall be subject to
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approval by the parish administrator of the police jury, and shall be conditioned upon the applicant's complying with all conditions of the permit. Such bond shall continue in full force until the applicant has fully complied with all conditions of the permit. In lieu of a separate bond for each application for a permit, the applicant may give a bond in the amount of $10,000.00 to cover all work done, or to be done, during the calendar year.
(Code 1975, §§ 25:42, 25:82)
Sec. 94-49. Requests for permits for work that may interfere with other utility lines or pipelines.
No permit shall be granted for work that will interfere with any other utility line or pipeline.
(Code 1975, § 25:83)
Sec. 94-50. Emergency repairs.
If emergency repairs are necessary to maintain service in or through any utility line or pipeline, the person making the emergency repairs shall comply with the provisions of section 94-48 within ten days from the completion date of the emergency repairs.
(Code 1975, § 25:84)
Sec. 94-51. Consent and approval of landowners required.
Nothing contained in this article shall be construed as relieving a public utility, common carrier or natural gas transporter or person from obtaining the consent and approval of the owner of lands embraced within the right-of-way of a parish road or highway to the operations undertaken by a public utility, common carrier or natural gas transporter or any person on, over or under a parish road or highway right-of-way.
(Code 1975, § 25:85)
Sec. 94-52. Violations; penalties.
Any person or public utility, common carrier or natural gas transporter found guilty of violating any provision of this article, upon conviction, shall be punished as provided in section 1-13.
(Code 1975, § 25:86)
The ordinance was offered by Mr. Altimus, seconded by Mr. Cochran. Upon unanimous vote, it was duly adopted on this 6th day of May, 2009.
CINDY A. DODSON GLENN BENTON, PRESIDENT
PARISH SECRETARY BOSSIER PARISH POLICE JURY