Ord. 0716 02-12-96ORDINANCE N0. 716
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, CREATING A NEW CHAPTER 21, ENTITLED OIL AND GAS,
OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS,
PROVIDING DEFINITIONS; ESTABLISHING RULES AND PROCEDURES
FOR PERMITTING PROCESS AND DRILLING ACTIVITIES; PROVIDING
FOR DISCRETIONARY REVIEW BY CITY COUNCIL BASED UPON
FACTUAL ANALYSIS; PROVIDING DISTANCE AND NOTICE REQUIRE-
MENTS; PROVIDING A PENALTY FOR VIOLATION; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER
CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Pearland recognizes
the need to establish detailed criteria for oil and gas operations
within the City limits in order to protect Pearland citizens and
the environment; and
WHEREAS, the City Council acknowledges the unique balance
between ensuring the safety of its citizenry and facilitating the
successful recovery of mineral interests within the City; and
WHEREAS, Pearland citizens are uniquely situated in both rural
and urbanized areas which require a case -by -case analysis of
proposed oil and gas operations in order to best accommodate all
interested parties; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. Chapter 21, entitled Oil and Gas, of the Code of
Ordinances of the City of Pearland, Texas, is set out in
Exhibit "A", attached to this Ordinance and incorporated herein by
reference for all purposes.
Section 2. Any person, firm or corporation violating any of
the provisions of this Ordinance shall be guilty of a misdemeanor,
and upon final conviction thereof shall be fined in a sum not to
exceed Two Thousand Dollars ($2,000.00) for each offense. Each day
such violation continues to exist shall constitute a separate
offense. But in case any person, firm or corporation violates any
of the provisions of this Ordinance or fails to comply therewith,
the City of Pearland, in addition to imposing the penalties above
provided, may institute any appropriate action or proceedings in
court to prevent, restrain, correct, or abate or to prevent any
illegal act pertaining to oil and gas operations within the City;
and the definition of any violation of the terms of this Ordinance
ORDINANCE NO. 716
as a misdemeanor, shall not preclude the City of Pearland from
invoking the civil remedies given it by law in such cases; but same
shall be cumulative of and in addition to the penalties prescribed
for such violation.
Section 3. All rights and remedies which have accrued in
favor of the City under this Chapter and amendments thereto shall
be and are preserved for the benefit of the City.
Section 4. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid,
unconstitutional or otherwise unenforceable by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
Section 5. All ordinances and parts of ordinances in
conflict herewith are hereby repealed but only to the extent of
such conflict.
Section 6. It is the intent of the City Council of the City
of Pearland, Texas, that the provisions of this Ordinance shall be
codified in the City's official Code of Ordinances as provided
hereinabove.
Section 7. The City Secretary shall cause this Ordinance, or
its caption and penalty, to be published in the official newspaper
of the City of Pearland, upon passage of such Ordinance. The
Ordinance shall then become effective ten (10) days from and after
its publication, or the publication of its caption and penalty, in
the official City newspaper.
PASSED and APPROVED ON FIRST READING this the day of
, A.D., 1996.
TOM REID
MAYOR
ORDINANCE NO. 716
ATTEST:
A C. BENIT Z
SECRETARY
PASSED and APPROVED ON SECOND AND FINAL READING this the /2
day of
ATTEST:
/b� L (_,
Y�`F �A C. B:i TEZ
CI SECRETARY
APPROVED AS TO FORM:
, A. D., 1996.
TOM REID
MAYOR
VOTING RECORD (FIRST READING) JANUARY 22, 1996
Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson
Voting "No" - None
Motion Passed 5 to 0.
VOTING RECORD (SECOND READING) FEBRUARY 12, 1996.
Voting "Aye" - Councilmembers Beckman, Cole, Tetens and Richardson
Voting "No" - None
Motion Passed 4 to 0. (Councilmember Weber was absent)
PUBLICATION DATE: FEBRUARY 21, 1996
EFFECTIVE DATE: MARCH 2, 1996
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND,
TEXAS
Exhibit "A"
Chapter 21
OIL AND GAS
Art. I In General, SS 21-1 - 21-14.
Art. II Permit, SS 21-15 - 21-34.
Art. III Rules, SS21-35 - 21-50.
ARTICLE I. IN GENERAL
Sec. 21-1. Drilling restricted.
No oil or gas well shall be drilled within this city except at
a specified and designated location to be determined by the city
council at the time an application for a permit is filed.
Sec. 21-2. Pipeline location restricted.
No pipeline for the transportation of oil and/or gas from such
wells to be drilled in this city shall be constructed or laid
except on rights -of -way owned by the operators of such wells or
upon designated drilling tracts and upon rights -of -way necessary to
connect future well sites to present lines.
Sec. 21-3. Trespass.
It shall be unlawful for any person to trespass on any
properties to enter onto the oil or gas well drilling sites or
their flow line rights -of -way other than from an existing street or
dedicated highway used by the public and for the convenience of the
public.
Sec. 21-4. Definitions.
The following words, terms and phrases, when used in this
chapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
(1) Permittee. The word "permittee" shall mean the person to
whom a permit is issued for the drilling and operation of a well
under this chapter, and his administrators, executors, heirs,
successors and assigns.
(2) Person. The word "person" shall include both the singu-
lar and plural and shall mean and include any person, individual,
firm, partnership, association, corporation, club, society,
cooperative, trust, municipal corporation, or political subdivision
whatsoever.
(3) Regulated area. The words "regulated area," subject to
the exceptions contained in this chapter, shall include and mean
all lands within the corporate limits of the city.
(4) Technical or industry words. All technical or oil and
gas industry words or phrases used herein and not specifically
defined herein shall have the meanings customarily attributable
thereto by prudent operators in the oil and gas industry.
(5) Well. The word "well" shall include and mean any hole or
holes, bore or bores, to any sand, formation, strata or depth,
which is or are drilled, bored, sunk, dug or put down for the
purpose of either exploring for or ascertaining the existence of
any oil, gas, liquid hydrocarbon, or any of the same, or for the
purpose of producing and recovering any oil, gas, liquid hydro-
carbon, or any of the same. Where a well willbe drilled direc-
tionally, for purposes of this Chapter, the location of such well
shall be the surface location and not the bottom hole location.
Sec. 21-5. Wells drilled prior to January 1, 1996, exempt.
Anything contained herein to the contrary notwithstanding, the
provisions of this Chapter shall not be interpreted to require a
permit for any producing oil or gas well located within the corpo-
rate limits of the city, which was drilled and completed prior to
January 1, 1996, or for the continued operation, re -working, side-
tracking, plugging back or abandonment, or deepening through the
deepest productive reservoir to which any such well was previously
drilled; and provided, further, without limitation on the
foregoing, none of the provisions of this chapter shall ever be
construed as applying to the operation of any producing oil or gas
well, located within the corporate limits of the city which was
drilled and completed prior to January 1, 1996, or to the equipment
and its operation (producing or otherwise), installed in connection
with such well as long as such well, equipment and operations
complied with this chapter as it existed on December 31, 1995 and
such well, equipment and operation continue to comply with this
chapter as it existed on December 31, 1995.
Secs. 21-6 - 21-14. Reserved.
ARTICLE II. PERMIT
Sec. 21-15. Required.
It shall be unlawful and an offense for any person, acting
either for himself or as agent, employee, independent contractor,
or servant of any other person, to commence to drill, or to operate
any oil or gas well within the regulated area of the city, or to
work upon or assist in any way in the prosecution or operation of
any such well, without a permit for the drilling and operation of
such well having first been issued in accordance with the provi-
sions of this chapter.
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Sec. 21-16. Application generally; filing fee.
(a) Any person desiring to drill, complete
well for oil or gas within the regulated area
application in duplicate therefor to the city
application shall be in writing, addressed to the
by the applicant or some person duly authorized
for the applicant, and shall state:
applicant
applicant
partners.
and/or operate a
shall present an
secretary which
mayor, be signed
to sign the same
(1) The date of the application.
(2) The name and address of the applicant and if the
is a corporation, the state of incorporation, and if
is a partnership, the names and addresses of the general
(3) The .particular lot and block number or tract on
which the proposed well is to be located and the exact location of
the proposed well by Lambert Coordinates and if the proposed well
is to be drilled directionally, the foregoing information for both
the surface location of such well and the bottom hole location of
such well and if the well is to be drilled horizontally, the fore-
going information for both the surface location of such well and
the well bore of such well.
(4) The type of well, whether oil or gas, and the pro-
posed depth of the well.
(5) The proposed well plan and casing program of the
well.
(6) The commencement date of the proposed well and the
anticipated schedule for drilling and completion of the proposed
well.
(7) The routes of ingress and egress to be used by the
applicant for the movement of materials, equipment, tools and
supplies from the city limits to the location of the proposed well.
(8) The routes of the gathering lines, pipelines, and
roads of egress to be used by the applicant for the transportation
of oil and gas from the location of the proposed well to the city
limits.
(9) The equipment, materials, structures, tools and
facilities to be used by the applicant in the drilling and
producing of the proposed well.
(10) The name and address of each owner of an interest in
the proposed well and the percentage ownership of each such owner
in the proposed well.
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(11) The name and address of the person or entity that
will be in control of the actual drilling of the proposed well and
a description of the experience such person has in the drilling of
oil and gas wells.
(12) The name and address of the person that will supply
the drilling rig and drilling personnel for the proposed well and
a description of the drilling rig for the proposed well.
(13) The manner in which the proposed well will be fenced
and landscaped during the drilling and producing of the proposed
well.
(14) The manner in which the location of the proposed
well will be restored and the estimated cost of such restoration.
(b) Attached to the application for such permit shall be:
(1) A plat prepared by a duly licensed surveyor showing
(aa) the exact location of the proposed well with respect to the
boundaries of the lots, blocks or tracts within one thousand
(1,000) feet of the proposed well on which the applicant has
secured the right to drill from the surface owner and on which the
applicant has not secured the right to drill from the surface
owner; and (bb) the distances from the proposed well to all parks,
streets, alleys or other public property, residences, churches,
commercial buildings and structures situated within one thousand
(1,000) feet of the location of the proposed well.
(2) A copy of Railroad Commission Form 1.
(3) A report addressed to the mayor prepared by a
professional independent civil engineer stating the reasonably
possible damage to the public roads and streets within the city
that the applicant proposes to use that may be incurred as a result
of applicant's operations and the estimated cost of repairing such
damage.
(4) A report addressed to the mayor prepared by a
professional independent environmental engineer stating the
reasonably possible environmental damage to the land, air, water
and animals that may be incurred as a result of applicant's
operations and the estimated cost of repairing such damage.
(5) A list of the oil, gas and mineral leases that the
applicant has obtained covering land within the city and a plat
showing the land covered by such leases.
(6) A copy of the drilling contract relating to the
proposed well.
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(7) A copy of the Operating Agreement relating to the
proposed well.
(c) Each application
check in the amount of
($2,500.00), made payable
refundable filing fee.
(d) Each application shall be filed by the city secretary and
kept as a part of the public records of the City.
shall be accompanied by a cashier's
Two Thousand Five Hundred Dollars
to the city, which shall be a non -
Sec. 21-17. Notice of application.
Notice of the filing of each application for a permit under
this article shall be given by the applicant to each surface owner
and surface lessee of lots, blocks and tracts within one thousand
(1,000) feet of the location of the proposed well not owned by or
under lease to the applicant as such surface ownership is disclosed
by the deed records of the county in which the property is located.
Such notice shall be in words and figures, as follows:
"Notice is hereby given that
acting under and pursuant to the terms and provisions of
Chapter 21 of the Code of Ordinances, City of Pearland, Texas,
and any and all ordinances amendatory thereof, did on the
day of , 19 , file with the
City Secretary of the City of Pearland an application to
drill, complete and operate a well for oil (or gas) upon Lot
No. , Block No. (or other appropriate descrip-
tion), City of Pearland, Texas, as per map of record in Volume
, Page , Plat Records of County,
Texas."
Such notice shall be sent within ten (10) days after the
filing of such application by registered mail, at the expense of
the applicant, addressed to the last known address of each surface
owner and surface lessee of lots, blocks and tracts within one
thousand (1,000) feet of the location of the proposed well not
owned by or under lease to the applicant; and a copy of such notice
shall be published, at the expense of the applicant, in every issue
of a weekly newspaper of the city for four consecutive weeks
immediately following the filing of such application. Proof of
such publication shall be made by the printer or publisher of the
newspaper by affidavit filed with the city secretary and shall be
prima facie evidence of such publication. The applicant shall file
with the city secretary an affidavit showing the name and last
known address of each surface owner and surface lessee of lots,
blocks and tracts to whom notice is required to be given and the
names of each surface owner and surface lessee of lots, blocks and
tracts to whom notice is required to be given and whose addresses
are unknown to the applicant.
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Sec. 21-18. Applicant's bond.
(a) If the issuance of a permit under this article is
authorized, the same shall not be issued until the applicant files
with the city secretary a bond, executed by the permittee as
principal and by a good and sufficient corporate surety company
licensed to do business in the State of Texas as surety, and whose
name appears on the current list published by the United States
Treasury Department of accepted sureties on federal bonds,
conditioned that the principal obligor will drill and operate the
well in strict accordance with the terms of this chapter, and that
the principle will remedy any and all damages to streets, curbs,
gutters, water lines, fire hydrants and other public property,
occasioned in any manner by his drilling of the well. Such bond
shall inure to the benefit of the city, shall be in a form to
comply herewith, and shall be in the amount of Two Hundred Fifty
Thousand Dollars ($250,000.00), and shall be approved by the city
attorney.
(b) The city council in its consideration of the application
may require such additional bonds as it deems necessary to protect
and preserve the welfare of the city.
(c) Failure to keep the bond or bonds in full force and
effect, in accordance with the terms hereof, shall cause a
revocation of the permit and shall be unlawful.
Sec. 21-19. Release from bond.
(a) The city attorney is hereby authorized upon request of
the surety to release the surety on the bond required herein from
future liability on such bond upon the conditions hereinafter
provided and as further limited by subsection (b) hereof:
(1) If the permit has terminated and become inoperative
as herein provided.
(2) If the permittee has filed with the city attorney
notice of his intention to surrender his permit and abandon the
premises covered thereby.
(3) After receipt of written notice from the surety
advising of cancellation no sooner than thirty (30) days after
being mailed or delivered to the city.
(b) Such release of future liability shall in no manner
impair any liability which may have accrued prior to the release of
future liability herein authorized. Such release shall not be
issued until the permittee shall have first complied with all
requirements of this chapter relating to the abandoning and
plugging of a well. The bond shall be retained by the city in its
custody and will not be returned to the surety.
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Sec. 21-20. Applicant's liability insurance.
(a) No permit shall be issued under this article until the
applicant has filed with the city attorney a memorandum copy or
certificate of a policy of public liability and property damage
insurance on such form of policy as is customarily used in the oil
and gas industry, issued by an insurance company authorized to do
business in the state, to be approved by the city attorney, the
amount of which policy for liability for bodily injury or death to
person or damage of property of others shall not be less than Five
Million Dollars ($5,000,000.00) per occurrence. The terms and
conditions of such policy covering such operations are to be such
as to insure persons against loss by liability imposed by law by
reason of any accidental personal injury or death to any person
other than the insured or his employees, or by reason of any such
loss or damage to property of any person other than the insured or
his employees. Each policy of insurance shall contain a provision
obligating the insurer to give the city council written notice of
cancellation not less than thirty (30) days prior to the date of
cancellation. The applicant shall, upon request of the city
secretary, submit the original or a certified copy of any policy
for inspection at any time.
(b) Irrespective of the requirements as to insurance to be
carried, the insolvency, bankruptcy or failure of any insurance
company carrying insurance for any applicant or permittee
hereunder, or the failure of any such company to pay claims
accruing shall not be held to waive any of the provisions of this
chapter. The applicant shall pay promptly all premiums for such
insurance in strict accordance with his obligations to his carrier
and maintain the above described coverage in full force and effect
so long as the permit is valid and alive.
(c) Failure to keep such policy in full force and effect, in
accordance with the terms hereof, shall cause a revocation of the
permit and shall be unlawful.
Sec. 21-21. Supplemental permit to deepen well.
Once any well has either been completed as an oil or gas
producer or abandoned as a dry hole, it shall be unlawful for any
person to drill such well to a greater depth than that reached in
the prior drilling operations without the permittee as to such
well, obtaining a supplemental permit after filing a supplemental
application with the city secretary specifying:
(1) The then condition of the well and the casing therein.
(2) The depth to which it is proposed such well to be
deepened.
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(3) The proposed casing program to be used in connection with
proposed deepening operations.
In any deeper drilling or any deeper completion, or any deeper
production operations, the permittee shall comply with all other
provisions contained in this chapter and applicable to the
drilling, completion and operation of a well or wells, but no
additional filing fee shall be, required.
Each supplemental application shall be kept as a part of the
public records of the city.
Sec. 21-22. Issuance or denial generally.
If, after an application or supplemental application is filed
pursuant to this article, it is found by the city council to comply
in all respects with the terms of this chapter, and the drilling
and operation or deepening and operation of a well will not unduly
adversely affect the public safety, environment, public facilities
and welfare of the city and its citizens, the city council shall
direct the city secretary to issue a permit for the drilling and
operation or deepening and operation of the well applied for;
provided that city council shall not authorize the issuance of a
permit for a well that is located within five hundred (500) feet of
any residence unless the owner of such residence has consented in
writing to the drilling and operation or deepening and operation of
such well.
Sec. 21.23. Contents; signing; effect.
Each permit issued under this article shall:
(1) By reference have incorporated therein all provisions of
this chapter with the same force and effect as if this
chapter were copied verbatim in the permit.
(2) Specify definitely the location of the well.
(3) Specify that drilling shall begin within ninety (90) days
from the date of the permit or the permit shall be
forfeited; provided, however, such forfeiture shall not
affect the right of the applicant to apply for another
permit in accordance with this chapter.
(4) Specify that such permit shall remain in full fore and
effect until the well is abandoned.
Such permit, in duplicate originals, shall be signed by the
city manager or his designee and, prior to delivery to the
permittee, shall be signed by the permittee. One (1) original of
the permit, duly executed, shall be delivered to the permittee and
one (1) original of the permit, duly executed, shall be retained
8
and filed by the city secretary, and, when so filed, shall
constitute the permittee's drilling and operating license and the
contractual obligations of the permittee to comply with the terms
of such permit, of the required bonds and of this chapter.
Sec. 21-24. Permit not required for remedial well work operations.
Any person operating any well for oil or gas within the
corporate limits of the city may perform any remedial well work
operations, except drilling deeper, without a prior permit provided
the operator complies with all safety rules set forth in this
chapter and no additional filing fees will be required for such
work.
Sec. 21-25. Article does not authorize trespass or affect owner's
right of contract.
Neither this article nor any permit issued hereunder shall be
interpreted to grant any right or license to the permittee to enter
upon, use or occupy in any respect for the drilling or operation of
any well on any surface land except by the written contract of the
surface owner, unless the permittee obtained such right in an oil
and gas lease, or other contract; nor shall it limit or prevent the
free right of the owner to contract for the amount of damages,
rights or privileges with respect to his own land and property.
Sec. 21-26. Exemptions from certain requirements.
The city council may exempt any person from any requirements
of this chapter where the person reasonably demonstrates that it is
remote that his contemplated drilling operation will have any
adverse effect on the public safety, environment, public facilities
and welfare of the city and its citizens.
Secs. 21-27 - 21-34. Reserved.
ARTICLE III. DRILLING AND
OPERATING RULES.
Sec. 21-35. Compliance with article.
All persons engaged in the drilling and operation of oil
and/or gas wells within the corporate limits of the city shall
comply with the rules and regulations prescribed by this article.
Sec. 21-36. Installation of pipelines on, under, etc., public
property.
In order to enable the holder of each permit to move oil, gas,
water or other products to or from the location of the well within
the city limits, the holder of each permit issued under this
chapter for the drilling and operation of a well for oil or gas in
9
the city shall apply to the city council for an easement on, over,
under, along or across the city streets, sidewalks, alleys and
other city property for the purpose of constructing, laying,
maintaining, operating, repairing, replacing and removing pipelines
so long as production or operations may be continued under any
permit issued pursuant to this chapter; provided, however, such
permittee shall:
(1) Not interfere with or damage existing water, sewer or gas
lines or the facilities of public utilities located on,
under or across the course of such rights -of -way.
(2) Furnish to the city secretary a plat showing the location
of such pipelines.
(3) Construct such lines or cause same to be constructed out
of new pipe, and properly cased and vented if under a
street.
(4) Grade, level and restore such property to the same
surface condition, as nearly as practicable, as existed
when operations for the drilling of the well were first
commenced.
Sec. 21-37. Obstructing streets or alleys.
It shall be unlawful to block or encumber, or close up any
streets or alleys in any drilling or production operations, except
by an ordinance duly passed by the city council permitting a
temporary closing of a street or alley.
Sec. 21-38. Letters relative to fresh water sands required prior
to drilling.
Before drilling and setting casing in any well for oil or gas
within the city limits, the permittee must contact the city manager
or his designee and the state board of water engineers and obtain
letters stating where the fresh water sands are to be found in the
area or field in which the well is to be drilled. A copy of the
state board of water engineers' letter must be filed with the city
secretary and the permittee must set sufficient surface casing as
required. Failure to file a copy of the state board of water
engineers' letter shall be unlawful and shall be punishable as
such.
Sec. 21-39. Permitted hours for delivery or removal of material,
equipment, etc.
Material, equipment, tools or pipe used for either drilling or
producing operations at the well shall not be delivered to or
removed from the well site except between the hours of 9:00 a.m.
and 5:00 p.m. of any day, except in case of emergency.
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Sec. 21-40. Derrick and rig.
It shall be unlawful for any person to use or operate, in
connection with the drilling or reworking of any well within the
city limits, any wooden derrick or steam powered rig, or to permit
any drilling rig or derrick to remain on the premises or drilling
site for a period longer than sixty (60) days after completion or
abandonment of the well. All engines shall be equipped with
effective mufflers. Where reasonably possible, an electrical rig
shall be used. Tripping operations shall not be conducted between
the hours of 10:00 p.m. and 7:00 a.m., except in emergency situa-
tions. In the event of an emergency, the City Manager shall be
notified immediately.
Sec. 21-41. Drilling fluid.
No well shall be drilled or re -worked in the city without the
bore hole at all times being filled with drilling fluid of such
weight and viscosity as a reasonably prudent operator would use to
keep the well under control at all times.
Sec. 21-42. Swabbing operations and drill stem tests.
It shall be unlawful for any person, in connection with the
drilling or re -working operations of any well within the city, to
conduct any swabbing operations or to take and to complete any
drill stem test except during daylight hours. Drill stem tests may
be conducted only if the well effluent during the test is produced
through an adequate oil and gas separator to storage tanks, and the
effluent remaining in the drill pipe at the time the tool is closed
is flushed to the surface by circulating drilling fluid down the
annulus and up the drill pipe.
Sec. 21-43. Casing.
(a) The operator of any well within the city shall be
required to set and cement a sufficient amount of surface casing to
properly protect all fresh water sands as specified by the state
board of water engineers and the city manager or his designee. The
surface casing shall be of new or reconditioned casing and shall be
set and cemented in accordance with the rules, regulations and
orders of the state railroad commission for the field or area in
which the well is to be drilled. Cementing shall be by the pump
and plug method and sufficient cement shall be used to fill the
calculated annular space back of the casing to the surface of the
ground and the cement shall be allowed to stand for a period of
twelve (12) hours before drilling plug.
(b) In lieu of setting the full amount of surface casing
required to protect fresh water sands, the permittee may use the
multi -stage cementing process. In using the multi -stage cementing
process, sufficient cement shall be used in the stage cement job
11
that is equivalent to the volume of the annulus from the cementing
tool to the surface of the ground. Should the cement not reach the
surface of the ground, a temperature survey must be conducted and
if the survey shows that the top of the cement is less than one-
third of the distance from the shoe of the surface casing to the
surface, then corrective measures must be taken. Any permittee
using the multi -stage process must file with the city secretary a
copy of the state railroad commission letter granting such permit
and an affidavit from the company performing the cementing.
Failure to file either of these shall be unlawful and shall be
punishable as such.
(c) In any well drilled within the city, the producing string
of casing shall be of new or reconditioned pipe which has been
tested and withstood the maximum anticipated pressures to be
encountered. Cementing shall be by the pump and plug method and
sufficient cement shall be used to fill the calculated annular
space back of the casing to a point at least six hundred (600) feet
above the shoe or the highest productive zone, whichever is
applicable, and the cement shall be allowed to stand for a period
of twelve (12) hours before drilling plug. After cementing, the
casing shall be tested at a pressure in pounds per square inch
calculated by multiplying the length of the producing string by
two -tenths (0.2), being the maximum test pressure required. If at
the end of thirty (30) minutes the pressure shows a drop of ten
(10) percent or more of the above required test pressure, the
casing shall be condemned. After corrective operation, the casing
shall again be tested in the same manner.
Sec. 21-44. Blowout preventers.
Two (2) dual controlled, fluid operated blowout preventers
with working pressures equal to the maximum anticipated wellhead
pressures shall be used for all drilling or completion operations
involving the use of drill pipe or tubing after the surface casing
has been set. The mechanical operation of the preventers shall be
checked every twenty-four (24) hours and shall be tested with pump
pressure with enough frequency to insure good working order at all
times.
Sec. 21-45. Christmas tree fittings and wellhead connections.
All completed wells within the city shall be equipped with
Christmas tree fittings and wellhead connections, with a rated
working pressure equal to or greater than the surface shut-in
pressure of the well. All wellhead connections shall be assembled
or tested prior to installation by a fluid pressure which shall be
equal to the test pressure of the fitting employed.
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Sec. 21-46. Flaring and burning of escaping gas.
No person engaged in drilling or operating any well shall
permit gas to escape or be vented into the air unless such gas is
flared and burned. All gas flared or burned from a torch, pipe or
other burning device within the city must be done in such manner so
as not to constitute a fire hazard to any property, and the
location of the torch, pipe or other burning device and the
construction, maintenance and operation thereof shall at all times
be in full compliance with such regulations as may from time to
time be issued by the fire marshal of the city.
Sec. 21-47. Disposal of salt water and other impurities.
Any person drilling or operating a well for oil or gas shall
make adequate provisions for the disposal of salt water or other
impurities which may be produced along with the oil or gas in such
a manner as not to contaminate the water supply of the city or
destroy vegetation or otherwise adversely affect the environment.
Sec. 21-48. Escape of waste matter onto adjoining property
prohibited.
It shall be unlawful for any person to permit to escape any
mud, water, oil, slush or other waste matter related to the
drilling or operating of any oil or gas well into any adjoining
lots, blocks or tracts upon which the permittee does not have
leases or other contractual rights to use the surface, or into the
alleys, streets, gutters or sewers of the city.
Sec. 21-49. Slush tanks for mud or water.
Only portable steel slush tanks for mud or water shall be
permitted in connection with the drilling and re -working operations
of any well.
Sec. 21-50. Crude oil storage tanks; separators; etc.
It shall be unlawful for any person to use, construct or
operate in connection with any producing well within the city
limits any crude oil storage tanks except to the extent of two (2)
steel tanks for oil storage, not exceeding five hundred -barrel
capacity each, and so constructed and maintained as to be vapor
tight and each surrounding with an earthen fire wall at such
distance from the tanks as will, under any circumstances, hold and
retain at least one and one-half (1-1/2) times the maximum capacity
of such tank. A permittee may use, construct and operate a steel
conventional separator, and such other steel tanks and
appurtenances as are necessary for treating oil with each of such
facilities to be so constructed and maintained as to be vapor
tight. Each oil and gas separator shall be equipped with both
regulation pressure relief safety valve and a bursting head. At
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the request of the city manager or his designee, such tanks shall
be located underground and shall be appropriately landscaped so
that they are not visible from the surrounding area.
Sec. 21-51. Equipment for secondary recovery, pressure maintenance
or automatic lease operations.
Any person may install equipment for the purpose of secondary
recovery or pressure maintenance operations or for automatic lease
operations provided such person complies with all safety
requirements of this chapter and of the state railroad commission.
Sec. 21-52. Fired vessel or open flame prohibited near well or
storage tank.
It shall be unlawful for any person with the city limits to
install any fired vessel or open flame nearer than one hundred
fifty (150) feet to any well or storage tank.
Sec. 21-53. Fencing.
All wellheads, tank batteries, pumping units and equipment
appurtenant thereto within the city, which are located within a
densely populated area or nearer than five hundred (500) feet to a
public street shall be adequately protected by a fence so
constructed that it will prevent easy entry. Any wellhead, tank
battery, pumping units or equipment appurtenant thereto which is
located on any lease, tract or farm, which is fenced in its
entirety, will require no additional protection other than that
commonly used by prudent operators. Fences to prevent easy entry
shall be approved by the city manager or his designee.
Sec. 21-54. Maintenance of premises.
The premises shall be kept in a clean and sanitary condition,
free from rubbish of every character, at all times during the
drilling operations and as long thereafter as oil and/or gas is
being produced therefrom. All of the permittee's premises shall be
kept clear of high grass, weeds and combustible trash or any other
rubbish or debris that might constitute a fire hazard within a
radius of one hundred (100) feet around any oil tank or tanks, or
producing wells, or to the limits of the premises, whichever is the
lesser. Within a densely populated area, the permittee shall
install such landscaping as is necessary so that all wellheads,
tank batteries, pumping units and equipment appurtenant thereto are
not visible to anyone outside the fence enclosing the same.
Sec. 21-55. Prime movers.
No prime movers shall be permitted within the corporate limits
of the city for the purpose of pumping wells, except electric
motors.
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Sec. 31-56. No smoking signs.
Printed signs reading "DANGER, NO SMOKING ALLOWED" or similar
words shall be posted in conspicuous places on each well, storage
tank or battery of tanks, within the city limits.
Sec. 21-57. Abandonment generally.
Whenever any well is abandoned within the city limits it shall
be the obligation of the permittee to plug such well in accordance
with the rules and regulations of the state railroad commission and
to take any and all additional provisions or precautionary measures
prescribed by the state or the state railroad commission in
connection with abandonment and plugging of the well. It shall be
the further obligation of the permittee or the operator of the well
to cut the surface casing off at least six (6) feet below the
surface of the ground and to place at least a twenty-five (25) foot
cement plug in the top of the casing and to weld the top of the
casing completely shut. The resulting hole in the ground must be
completely filled to the surface of the ground and duly tamped.
Sec. 21-58. Removal of mud and similar materials upon completion
or abandonment.
Within fifteen (15) days after the completion or abandonment
of any oil or gas well, the mud and other similar matter and
materials used in connection with the drilling and operations
thereon shall be removed from the premises.
Sec. 31-59. Violation of state law or rules, regulations, etc., of
state or federal regulatory body.
Any violation of the law of the state or any rules, regula-
tions or requirements of any state or federal regulatory body
having jurisdiction in reference to drilling, completing, equip-
ping, operating, producing, maintaining or abandoning an oil or gas
well or related appurtenances, equipment or facilities, or in
reference to fire walls, fire protection, blow-out protection,
safety protection or convenience of persons or property or
transportation of oil or gas, shall also be a violation of this
article and shall be punishable as such.
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