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Ord. 0084 1964-04-164269 3962 val3 Pnt{4 2 ORDINANCE NUMBER Mr) - 80 AN ORDINANCE DECLARING A PUBLIC POLICY OF THE CITY OF PEARLAND, TEXAS; FINDING CERTAIN FACTS CONCERNING THE DRILLING AND OPERA- TION OF OIL AND GAS WELLS WITHIN THE CITY OF PEARLAND, TEXAS; REQUIRING OPERATORS OF WELLS TO FILE REPORT SHOWING LOCATIONS THEREOF WITHIN THIRTY (30) DAYS; RESTRICTING FUTURE DRILLING; RESTRICTING CONSTRUCTION OF NEW PIPE LINES; MAKING IT UNLAWFUL TO TRESPASS ON PROPERTY TO REACH OIL OR GAS WELL DRILLING SITES; MAKING IT UNLAWFUL TO DRILL A WELL WITHOUT A PERMIT; RE- QUIRING APPLICATION FOR A PERMIT TO DRILL TO BE FILED: REQUIR- ING OF THE CITY COUNCIL OR THEIR AUTHORIZED AGENT TO MAKE IN- VESTIGATION AND APPLICANT TO FILE PUBLIC LIABILITY INSURANCE POLICY; REQUIRING CERTAIN RULES TO BE FOLLOWED IN OPERATING OIL AND GAS WELLS; FORBIDDING DRILLING WITHIN 200 FEET OF A RESIDENCE WITHOUT PERMISSION; DEFINING THE WORD "PERSON"; THE TERMS OF THIS ORDINANCE SHALL BE A MISDEMEANOR AND UPON CONVICTION SUCH VIOLATOR SHALL BE FINED IN A SUM NOT EXCEEDING $200.00; DISPENSING WITH THE PARLIAMENTARY REQUIREMENT OF READ- ING THIS ORDINANCE ON THREE SEPARATE MEETINGS; PROVIDING AN EFFECTIVE DATE; DECLARING AN EMERGENCY AN PROVIDING FOR PUBLICATION BY CAPTION ONLY. WHEREAS, it is a recognized fact that certain risks to life and property are inherent in the drilling and producing of oil and gas wells; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND„ TEXAS: Section 1. City Policy: The City Council hereby declares it to be the policy of said City and its governing body to pro- tect the health, safety, welfare and comfort of the resident citizens and all other persons that might at any time be in said City, and at the same time to permit the development of industry and natural resources within said city for the general benefit of the public. Section 2. Findings of Fact: The City Council finds it to be a fact that there are no producing oil and/or gas wells within the City of Pearland, Texas; that no wells are being drilled at the present; but that certain risks are incident to the drilling and operation of wells for the production of said minerals, and that wells can with reasonable safety be drilled and operated for the production thereof with proper precaution and under proper regulation; and that in order to permit the drilling for and production of said minerals and also to protect the health, safety, comfort and welfare to the citizenship, the provisions of this ordinance are necessary and proper. Section 3. Operators to file report: Within thirty (30) days of the effective date of this ordinance, each operator of a producing oil and/or gas well or wells within the City of Pearland, Texas; shall file a written report with the City Secretary of the City of Pearland, Texas, containing the following information: Name and address of the operator; -1- names and addresses of all owners of interests; including royal- ty and working interest; and a plat showing the tract upon which the well or wells is located; location of the well there- on and location of battery tanks. Section 4. Drilling Restricted: No oil or gas well shall be drilled within said city except at specified and designated location to be determine by the City Council at the time on application for a permit is filed. Section 5. Pipe lines to be constructed only in certain locations: No pipe lines for the transportation of oil and/or gas from such wells to be drilled in the future shall be con- structed or laid except on rights of way owned by the operators of or upon designated drilling tracts and upon rights of way necessary to connect future well sites to present lines. Section 6. Unlawful to trespass: It shall hereafter be unlawful for any person, firm or corporation 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. Section 7. Unlawful to drill without a permit: It shall be unlawful for any person to drill or commence to drill a well for oil or gas within the limits of the City of Pearland, Texas, or to work upon or assist in any way in the prosecution of the drilling of any such well without a permit for the drilling, completion and operation of such well without first having been issued a permit therefor by the City of Pearland, Texas, in accordance with the provisions of this ordinance. Section 8. Application for permit required: Every applica- tion for a permit to drill, complete and operate a well for oil or gas shall be in writing, signed by the applicant or by some person duly authorized to sign same on his behalf. It shall be filed with the City Secretary and accompanied with a deposit of $500.00 in cash as a fee to the City. The application shall state whether the well shall be drilled as an oil or gas well, the proposed depth, the drilling block and the location of the proposed well (which will include name of the fee owner, name of the lease owner, brief descrip- tion of the land, detailed plat showing the location of all battery tanks). The application shall be accompanied by a plat showing the exact location of the well. A copy of the plat (Form 1) furnished to teh State Railroad Commission will be acceptable. The well location shall be staked out before the City permit may be issued. No location shall ever be changed without filing with the City Secretary an amended application showing the proposed change. Section 9. City Secretary to investigate; public liability insurance: Upon receipt of such application for a permit, the City Secretary shall forthwith make, or cause to be made, an investigation of the proposed well site. After completion of such investigation he shall file a report with the City Council stating whether or not the proposed drilling and pro- -2- 5 irtfut 434 906 1N 8?.%, ducing of the well will be in conformity with the provisions of this ordinance. If the report of the City Secretary is to the effect that the proposed drilling and producing of the well will be in conformity with the provisions of this ordin- ance, then the City Secretary shall issue a permit to the applicant; provided, however, the applicant shall first post with the City, at his own expense, a public liability insurance certificate covering all of his operations in the city limits of the City of Pearland, Texas, in bodily injury limits not less than $100,000.00 for each person, and $300,000.00 for each accident and property damage limits of not less than $25, 000.00 for each accident. Such coverage shall also include protection for the acts of independent contractors of applicant for lot or sublet. The public liability insurance hereunder shall be carried in companies acceptable to the City. Said insurance shall be continued in force so long as applicant remains engaged in operations for the drilling or production of oil and gas within the City of Pearland, Texas. Section 10. Rules to be observed: In operation under a permit the permittee or his assigns must observe the following rules, and the failure to observe same shall be unlawful, to - wit: (a) All permanent oil tanks or battery of tanks must be surrounded by a dike or ditch of at least the capacity of the tank or battery of tanks. (b) No flow tank, unless it is entirely buried, or other oil tank of any size, shall hereafter be placed nearer than one hundred fifty (150) feet to any derrick, rig, building, power plant or boiler of any description. (c) No field working tank having a capacity of ten thou- sand (10,000) barrels or more shall hereafter be built nearer than two hundred (200) feet (Measured from shell to shell) to any other like tank or tanks. (d) Printed signs reading: "DANGEROUS, NO SMOKING or similar words, shall be posted in conspicuous places each producing drilling unit. (e) All permittees' shall be kept clear of high grass, weeds and combustible trash, within a radius of fifty (50) feet aroung an oil tank, tanks or producing wells. (f) open eatthen storage for oil is prohibited. (g) All oiltanks, where there is a gas hazard, shall be gas -tight and provided with proper gas vents. (h) No forge or open light shall be placed inside the der- rick of a well showing oil or gas. (i) Boilers must be equipped with steam lines for fighting fire and must be not nearer than one hundred (100) feet to any producing well. (j) All oil and gas pipe lines laid upon or across a public road or highway must be buried to a reasonable safe depth, en- cased in conduit and properly vented. (k) Wherever available and practicable, electric light and power shall be installed in congested drilling area. (1) A blow-out preventer, control head and other connec- tions for keeping the well under control at all times shall be installed as soon as surface casing is set. Blow-out pre -- venter shall be tested against pump pressure at least once -3- I ALLOWEDR"j, on VOL Ins) F lb VOL R `$.At' ' every twenty-four(24) hours. All control equipment shall be in good working order and condition at all times. (m) No boiler or electric lighting generator shall be placed or remain nearer than one hundred fifty (150) feet to any producing well or oil tank. (n) Any rubbish or debris that might constitute a fire hazard shall be removed to a distance of at least one hundred (100) feet from the vicinity of wells, tanks and pump stations. All waste shall be burned or disposed of in such a manner as to avoid creating a fire hazard or polluting streams and fresh water strata. (o) All well heads, pits, and tank batteries shall be adequately protected with (manproof) fencing. However, this provision shall not apply: (1) Where the well head, pits or tanks are located on acreage which has not been platted into one acre or lesser size homesite tracts, with the plat filed for record in the office of the County Clerk of Brazoria County, Texas, if the dwelling house density surrounding the well head, pits and tanks is less than 100 dwellings per square mile. To determine this density, all dwellings within one square mile with the well head as the center, shall be counted; and (2) Where the well head, pits or tanks are located within such a platted subdivision, duly filed for record in the office of the County Clerk of Brazoria County, Texas, but at a greater distance than 500 feet from any existing dwelling, such provision shall apply. Where the well, pits or tanks are located outside such a subdivision, but within 500 feet of a dwelling within the subdivision, such provision shall apply. Section 11. Drilling forbidden with two hundred (200) feet:; Not withstanding anything to the contrary herein contained, no permit shall, be. issued for any well to be drilled at any location, which is nearer than two hundred feet of any resi- dence, building or structure, without the applicant having first secured the written permission of the owner or owners thereof. Section 12. Definition: The word "person" whenever used in this ordinance means and includes any natural person, cor- poration, association, partnership, receiver, trustee, guardian, executor, administrator and a fiduciary or representative of any kind. Section 13. Savings Clause: If any provision, exception, paragraph, sentence, clause or phrase of this ordinance shall for any reason be held invalid, such invalidity shall not af- fect the validity of the remaining provisions of this ordinance, and to this end, all provisions of this ordinance are declared to be severable. Section 14. Penalty for violation: Any violation of any of the terms of this ordinance, whether herein denominated as unlawful or not, shall be deemed a misdemeanor; and any person convicted of any such violation shall be fined in a sum not exceeding $200.00. Each day of the continuance of -4- VOt of such violation shall be considered a separate offense and be punished separately. Section 15: The fact that there is not now in existance, within the City of Pearland, Texas, an Ordinance prescribing for the regulation of drilling or producing of oil, gas, sulphur or other minerals and that an imperative public necessity exists to protect the health and welfare of the citizens of Pearland, Texas, the parliamentary rule of procedure requiring that all ordinances be read at three separate meetings be, and the same as hereby dispensed with and this ordinance shall become effec- tive from and after its passage, adoption and publication by caption only. PASSED AND APPROVED on this the $® �` day of P&S A. D. 1964. ATTEST: /s ' t City Secretary v CITY OF PEARLAND, TEXAS By: E.-T. Gibbons, Mayor I, W. A. McClellan, City Secretary, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 8Lh, passed, approved and adopted by the City Council of the City of Pearland on the 16th day of April 1964. /44S AT W. A. McClellan, City Secretary FILED FOR RECQRD 7 °()O'CLOCK MAR 161965 H. R. STEVENS, JR. Clerk Comity Court, Brazoria Co., Tex. £Y—tj���f's eTv 17 I! Ordinance Amendment toX ►IUDs: 61 NO. F34. _ '" ? JK. Clerk Count y Court, CY r t. 40 r .tVC E ;-; Motion Made by Nolen and sedonded by Alexander that Section 11 Of ORDINANCE No. 84 be amended to read 300 feet instead of 200 feet. Nolen, Alexander, Shukanes and Kegley voted aye, Sanders Voted no.• Motion carried. Passed 4/23/64' ce.0-°aF:.It CI rf, cClellan, City Secretary of the City do' here1-43rQ certi fy that the above is a true and correct copy nien mer` Tto Ordinance No. 8L passed on April 23, 19614.. e . • THE STATE OF TEXAS COUNTY OtiBRGORIA of Pearland, Texas, of W. A. McClellan, City Secretary 1, H. R. Stevens, Jr., Clerk of the County Court in and for Brazoria County, Texas, do here- by certify that this instrument was FILED FOR RECORD and RECORDED in the page of the named record and at the time and date as stamped hereon by me. volume and • kCOY : . - ysk- ''f / ,,�` C0!]ti ��= F LED FOR RECORD -z/O'CLC CIC. • M MAR 2 21965 H. R. STEVENS, JR. Clerk Cou Court, Brc-<q; i❑ Co., Tex. EY County Clerk of Brazoria Co., Texas Amendment to ORDINANCE No. $ 4 Motion made by Nolen and seconded by Alexander that Section 11 Of ORDINANCE No. $4 be amended to read 300 feet instead of 200 feet. Nolen, Alexander, Shukanes, and Kegley voted aye, Sanders voted no. Motion carried. Passed 4/23/64 Chapter 21 OIL AND GAS* Art. I. In General, §§ 21-1-21-14 Art. II. Permit, §§ 21-15-21-34 Art. III. Rules, §§ 21-35-21-50 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. (Ord. No. 84, § 4, 4-16-64) 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. (Ord. No. 84, § 5, 4-16-64) Sec. 21-3. Trespass. It shall be unlawful for any person to trespass on any prop- erties 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. (Ord. No. 84, § 6, 4-16-64) Secs. 21-4-21-14. Reserved. ARTICLE II. PERMIT Sec. 21-15. Required. It shall be unlawful for any person to drill or commence to drill a well for oil or gas within the city or to work upon or *Cross reference —Fire prevention and protection, Ch. 10. State law reference —Oil and gas generally, Vernon's Ann.Civ.St. art. 6004 et seq. 1235 ;7 § 21-19 OIL AND GAS § 21-23, any residence, building or structure, without the applicant having first secured the written permission of the owner thereof. (Ord. No. 84, § 11, 4-16-64 ; Ord. No. 84A, 4-23-64) Sec. 21-20. Change of location. No location of a well for which a permit is issued under this article shall be changed without filing with the city secre- tary an amended application showing the proposed change. (Ord. No. 84, § 8, 4-16-64), Sec. 21-21. Investigation. Upon receipt of an application for a permit required by this article, the city secretary shall forthwith make, or cause to be made, an investigation of the proposed well site. After completion of such investigation he shall file a report with the city council stating whether or not the proposed drilling and producing of the well will be in conformity with the provi- sions of this chapter. (Ord. No. 84, § 9, 4-16-64) Sec. 21-22. Liability insurance. Before any permit shall be issued under the provisions of this article, the applicant therefor shall first post with the city, at his own expense, a public liability insurance certificate covering all of his operations in the city limits in bodily injury limits not less than one hundred thousand dollars ($100,- 000.00) for each person, and three hundred thousand dollars ($300,000.00) for each accident and property damage limits of not less than twenty-five thousand dollars ($25,000.00) for each accident. Such coverage shall also include protection for the acts of independent contractors of the applicant for let or sublet. The public liability insurance hereunder shall be carried in companies acceptable to the city. The insurance shall be continued in force so long as the applicant remains engaged in operations for the drilling or production of oil and gas within the city. (Ord. No. 84, § 9,, 4-16-64) Sec. 21-23. Issuance. If the report of the city secretary is to the effect that the proposed drilling and producing of the oil and gas well will be 1237: t.ar § 21-40 OIL AND GAS § 21-46 Sec. 21-40. Clearance of weeds, trash. All permittees' premises shall be kept clear of high grass, weeds and combustible trash within a radius of fifty (50) feet around an oil tank or producing wells. (Ord. No. 84, § 10, 4-16-64) Sec. 21-41. Open storage. Open earthen storage for oil is prohibited. (Ord. No. 84, § 10, 4-16-64) Sec. 21-42. Protection from gas hazard. All oil tanks, where there is a gas hazard, shall be gastight and provided with proper gas vents. (Ord. No. 84, § 10, 4-16-64). Sec. 21-43. Use of forge, open light. No forge or open light shall be placed inside the derrick of a well showing oil or gas. (Ord. No. 84, § 10, 4-16-64) Sec. 21-44. Steam lines. Boilers must be equipped with steam lines for fighting fire and must be not nearer than one hundred (100) feet to any producing well. (Ord. No. 84, § 10, 4-16-64) Sec. 21-45. Burial of pipelines. All oil and gas pipelines laid upon or across a public road or highway must be buried to a reasonable safe depth, en- cased in conduit and properly vented. (Ord. No. 84, § 10, 4=16-64) Sec. 21-46. Electric power, lights. Wherever available and practicable, electric lights and power shall be installed in a congested drilling area. (Ord. No. 84, § 10, 4-16-64) 1239 § 21-50 OIL AND GAS § 21-50 (b) Where the wellhead, pits or tanks are located within such platted subdivision, duly filed for record in the office of the county clerk but at a greater distance than five hundred (500) feet from any existing dwell- ing, such provision shall apply. Where the wellhead, pits or tanks are located outside such a subdivision, but within five hundred (500) feet of a dwelling within the subdivision, such provision shall apply. (Ord. No. 84, § 10, 4-16-64) 1241 [The next page is 1291] •§ 21-47 PEARLAND CODE § 21-50 Sec. 21-47. Blowout preventers. A blowout preventer, control head and other connections for keeping the well under control at all times shall be in- stalled as soon as surface casing is set. Blowout preventers shall be tested against pump pressure at least once every twenty-four (24) hours. All control equipment shall be in good working order and condition at all times. (Ord. No. 84, § 10, 4-16-64) Sec. 21-48. Location of boiler, generator. No boiler or electric lighting generator shall be placed or remain nearer than one hundred fifty (150) feet to any pro- ducing well or oil tank. (Ord. No. 84, § 10, 4-16-64) Sec. 21-49. Removal of fire hazards. Any rubbish or debris that might constitute a fire hazard shall be removed to a distance of at least one hundred (100) feet from the vicinity of wells, tanks and pump stations. All wastes shall be burned or disposed of in such a manner as to avoid creating a fire hazard or polluting streams and fresh water strata. (Ord. No. 84, § 10, 4-16-64) Sec. 21-50. Fencing. All wellheads, pits and tank batteries shall be adequately protected with manproof fencing; however, this provision shall not apply: (a) Where the wellhead, pits or tanks are located on acre- age which has not been platted into one acre or lesser size homesite tracts, with the plat filed for record in the office of the county clerk if the dwelling house density surrounding the wellhead, pits and tanks is less than one hundred (100) dwellings per square mile. To determine this density, all dwellings within one square mile with the wellhead as the center, shall be counted; and '1240 § 21-23 PEARLAND CODE § 21-39 in conformity with the provisions of this chapter the city secretary shall issue a permit to the applicant. (Ord. No. 84, § 9, 4-16-64) Secs. 21-24-21-34. Reserved. ARTICLE III. RULES Sec. 21-35. Compliance. . In operations under a permit issued under this chapter, the permittee or his assigns must observe the provisions of this article and the failure to observe the same shall be unlawful. (Ord. No. 84, § 10, 4-16-64) Sec. 21•-36. Dike, ditch required. All permanent oil tanks or battery of tanks must be sur- rounded by a dike or ditch of at leastthe capacity of the tank or battery or tanks. (Ord. No. 84, § 10, 4-16-64) Sec. 21-37. Location of flow tank. No flow tank, unless it is entirely buried, orother oil tank of any size, shall be placed nearer than one hundred fifty (150) feet to any derrick, rig, building, power plant or boiler of any description. (Ord. No. 84, § 10, 4-16-64) Sec. 21-38. Location of field working tank. No field working tank having a capacity of ten thousand (10,000) barrelsor more shall be built nearer than two hun- dred (200) feet, measured from shell to shell, to any other like tank. (Ord. No. 84, § 10, 4-16-64) Sec. 21-39. Signs. Printed signs reading: "DANGEROUS, NO SMOKING AL- LOWED," or similar words, shall be posted in conspicuous places on each producing drilling unit. (Ord. No. 84, § 10, 4-16-64) 1238 § 21-15 Lit,&�s.Ysys; PEARLAND CODE § 21-19 assist in any way in the prosecution of the drilling of any such well without a permit for the drilling, completion and oper- ation of such well without first having been issued a permit therefor by the city. (Ord. No. 84, § 7, 4-16-64) Sec. 21-16. Application. Every application for a permit to drill, complete and oper- ate a well for oil or gas shall be in writing, signed by the applicant or by some person duly authorized to sign same on his behalf and filed with the city secretary. The application shall state whether the well shall be drilled as an oil or gas well, the proposed depth, the drilling block and the location of the proposed well, which will include the name of the fee owner, the name of the lease owner, a brief description of the land and a detailed plat showing the location of all battery tanks. The application shall be accompanied by a plat showing the exact location of the well. A copy of the plat (Form 1) furnished to the state railroad commission will be acceptable. (Ord. No. 84, § 8, 4-16-64) Sec. 21-17. Fee. The application for a permit required by the provisions of this article shall be accompanied with a deposit of five hun- dred dollars ($500.00) in cash as a fee to the city. (Ord. No. 84, § 8, 4-16-64) Sec. 21-18. Location to be staked. The location of the well for which a permit is applied for under the provisions of this article shall be staked out before the city permit shall be issued. (Ord. No. 84, § 8, 4-16-64) Sec. 21-19. Location restricted. Notwithstanding anything to the contrary contained in this chapter, no permit shall be issued for any well to be drilled at any location, which is nearer than three hundred (300) feet to 1236