The title of this article and the name by which it shall be known is the "City of Brownfield Oil and Gas Well Article."
(1965 Code of Ordinances, Chapter 13, Section 13-1)
For the purpose of this article the following words and terms wherever and whenever used or appearing herein shall have the scope and meaning hereafter defined and set out in connection with each:
Well.
Any hole or holes, bore or bores to any sand, formation, strata or depth for the purpose of producing any oil, gas or liquid hydrocarbon or any of them.
Permittee.
The person to whom is issued a permit for the drilling, completion and operation of a well and/or the construction, installation and operation of any pipeline facility under this article, and his heirs, legal representatives, successors and assigns.
Technical Words.
All technical or oil and gas industry words or phrases used herein and not specifically defined shall have that meaning customarily attributable thereto by prudent operators in the oil and gas industry.
Lease.
Any tract of land subject to an oil, gas and mineral lease or other oil and gas development contract, or any unit composed of several tracts and leases but operated as one lease, and any tract of land in which the minerals are owned by an operator or someone holding under it of him, but which, due to the fee royalty ownership is developed and operated as a separate tract, but it shall not mean any tract of land heretofore or hereafter conveyed or used for pipeline right-of-way purposes.
Street.
Any street, highway, sidewalk, alley, avenue, recessed parking area or other public right-of-way, including the entire right-of-way.
Curb Line.
The line established by the City of Brownfield for the particular street.
Right-of-Way.
The phrase "right-of-way" is expressly limited to all public rights-of-way or streets or other public property within the City of Brownfield.
Person.
One or more individuals, firms, companies or corporations.
Trunkline Pipeline.
Common carrier pipelines and other main pipelines not included in the definition of gathering lines, expressly including their rights-of-way as defined and established by instruments of record in the office of the County Clerk of Terry County, Texas; the phrase "gathering lines" as used herein shall mean all pipelines operated as an incident to the development and operation of oil and/or gas fields and secondary recovery projects; and the word "pipelines" whenever and wherever used herein but not as a part of the preceding phrase shall mean trunkline pipelines and gathering lines as hereinabove defined.
Titles.
When the title of any city official is used herein, such shall include any duly authorized representative.
(1965 Code of Ordinances, Chapter 13, Section 13-2)
(a) 
Creation of Office.
The office of oil and gas inspector in and for the city is hereby created.
(b) 
Appointment.
The oil and gas inspector shall be appointed by the city manager with the approval of the city council, and said inspector may or may not have other duties as designated by the city council.
(c) 
Duty.
It shall be the duty of the oil and gas inspector to enforce the provisions of this article.
(d) 
Appeal from Rulings, Orders, Decisions of Oil and Gas Inspector.
Any person who may be aggrieved by any ruling, order and/or decision of the oil and gas inspector shall have the right of appeal to the city council from such ruling, order and/or decision, provided however, that any such appeal must be taken, if at all, within ten (10) days immediately following the filing of such rule, order and/or decision in the records of the office of the oil and gas inspector.
(1965 Code of Ordinances, Chapter 13, Section 13-3)
(a) 
When Permits Required.
It shall be unlawful and an offense for any person acting either for himself or acting as agent, employee, independent contractor or servant for any other person to drill or commence to drill any well or to install any trunkline or pipeline facility within the city limits of the city without a permit having first been issued by the authority of the city council in accordance with the terms of this article, and it shall be illegal and unlawful for any person acting either for himself or acting as agent, employee, independent contractor or servant for any other person to inject water, gas or other substances for repressuring or waterflood purposes within or under the city limits of the city.
(b) 
Extent and Kind of Work Authorized by Permit to Drill Well.
When a permit has been issued for the drilling of a well, such permit shall constitute sufficient authority for drilling, operation, production, gathering of production, maintenance, repair, reworking, testing, plugging and abandonment of the well, and for the construction and use of all facilities reasonably necessary or convenient in connection therewith, including gathering lines and discharge lines, by the permittee and its employees, agents and contractors provided that such activities are not in conflict with any of the conditions and provisions contained in such permit. However, a new or supplemental permit shall be obtained before such well may be deepened below the geological formation in which it was originally completed and no well may be used for repressurizing or injection (except during fracture operations) of water, gas or other substances within or under the city limits of the city.
(c) 
Extent and Kind of Work Authorized by Permit to Install Trunkline or Pipeline.
When a permit has been issued for the installation of any trunkline or pipeline, such permit shall constitute authority for the construction, operation and maintenance of such well but shall not constitute authority for the conversion of such wells for injection of water or gas for waterflood or repressuring purposes. Such permit however, shall constitute authority for repair and abandonment of such facility, and for all facilities reasonably necessary or convenient in connection therewith (including gathering lines), by permittee and its employees, agents and contractors provided that such authorized activities are in compliance with all of the provisions of this article and provided that such activities are not in conflict with any of the conditions and provisions contained in such permit.
(d) 
Separate Permits Required for Each Well or Each Trunkline or Pipeline.
No one permit shall authorize the drilling of more than one well or the installation of more than one trunkline or pipeline.
(1965 Code of Ordinances, Chapter 13, Section 13-4)
(a) 
Written Application Required; Filing Fee.
Every application for a permit to drill a well, trunkline or pipeline shall be in writing, signed by the applicant or by some person duly authorized to sign on his behalf and it shall be filed with the city secretary. In case the permit is requested for the purpose of drilling a well or re-entering and drilling to a deeper formation, the application shall be accompanied by a filing fee as set forth in the fee schedule in the appendix of this code, and said filing fee shall be paid by cashier's check or certified check made payable to the City of Brownfield.
(b) 
Separate Applications; Information Required.
A separate application shall be required for each well, trunkline or pipeline. The application shall include full information including the following:
(1) 
The date of the application;
(2) 
Name of the applicant;
(3) 
Address of the applicant;
(4) 
Proposed site of the well (including proposed location of gathering lines or trunklines or pipelines) including the following:
(A) 
Name of the lease owner (where applicable);
(B) 
Accurate description of the land and a detailed plat of all equipment and facility installations;
(C) 
Location with respect to property lines, right-of-way boundaries and grades (where applicable);
(5) 
Type of derrick (if any) to be used;
(6) 
The proposed depth of the well;
(7) 
Detailed explanation of operating pressures of all pipelines and facilities;
(8) 
Location of compressor, pressure control or safety devices with explanation of operating characteristics of each;
(9) 
The name of the person or persons to be notified in case of emergency;
(10) 
The application to install any pipeline with pressures in excess of two hundred fifty (250) pounds per square inch should include details and specifications of the safety provisions and equipment;
(11) 
If applicant is a corporation, the application shall contain the name of its registered agent.
(1965 Code of Ordinances, Chapter 13, Section 13-5)
(a) 
Fixing of Bond and Insurance; Contents of Permit.
The city council within sixty (60) days after the filing of the application for a permit to drill a well or install a trunkline or pipeline or any primary system for the production of oil, gas and condensate shall determine whether or not the application complies in all respects with the provisions of this article; and if it does so comply, the city council shall fix the amount of the principal of the bond and insurance provided for herein, and shall issue a permit for the drilling of the well or the installation of the facilities for which application has been made. Each permit shall:
(1) 
By reference have incorporated therein all the provisions of this article with the same force and affect as if this article were copied verbatim in such permit;
(2) 
Specify the location of the proposed well and all pipelines with particularity to lot number, block number, name of addition or subarticle, section line or other available correct legal description;
(3) 
Contain and specify that the term of the permit shall be for a period of one year from the date of the permit and until such time as the permittee has permanently abandoned the operation of such well or facility for which the permit was issued;
(4) 
Contain and specify such other terms and provisions as may be necessary in a particular case to accomplish the purposes of this article;
(5) 
Specify the total depth to which the well (if any) may be drilled, not exceeding the proposed depth;
(6) 
Contain and specify that no actual operation shall be commenced until the permittee shall file and have approved an indemnity bond in the designated principal amount as so determined by the city council or has complied with Section 4.311 herein.
(b) 
Factors Considered.
In determining whether to grant or deny any application for a permit required by this article and in determining the conditions and provisions to be contained in any such permit, the city council shall include in its consideration the following factors:
(1) 
Whether the proposed facility will comply with all provisions of this article;
(2) 
Whether the proposed facility will conflict with the comprehensive plan for physical development of the city;
(3) 
Whether specific sites have been designated on plats of the property in the area concerned for such oil and gas facilities as are the subject of the application;
(4) 
Whether for any reason, the proposed facility will constitute a hazard to property or persons.
In acting on any such application, the city council shall determine whether the application complies with or is consistent with the above listed criteria as of the time of the granting or denying of the permit and not as of the time of the making of the application for such permit.
(c) 
Signing of Permit.
Such permit in duplicate originals, shall be signed by the oil and gas inspector and prior to delivery to the permittee, shall be signed by the permittee (with one original to be retained by the city and one by the permittee) and when so signed said permit shall constitute the permittee's drilling and installation license, as well as the contractual obligation of the permittee to comply with the terms of such permit, bond and of this article. The issuance of a permit pursuant to the provisions of this article constitutes a contract between the city and the permittee in that the permittee shall be liable and must pay the reasonable attorney's fees and costs incurred by the city in a successful enforcement of the provisions of this article.
(d) 
Changes in Conditions Subsequent to Granting of Permit.
Once a permit has been granted by the city council, any subsequent change of conditions not under the control of the permittee shall not require any action on the part of the permittee to improve or change his existing facilities if such existing facilities complied with the provisions of the article before the said change of conditions. However, the preceding sentence does not apply to facilities which are actually abandoned or relocated for whatever reason, in which case such relocated facilities must comply with all provisions of this article.
(1965 Code of Ordinances, Chapter 13, Section 13-6)
In the event of the failure of the permittee to comply with any provision of this article, the oil and gas inspector shall issue a written notice to the permittee of the nature of the noncompliance and stating such reasonable time necessary to gain compliance. After lapse of such reasonable time, the city council may suspend the permit for a period of time or cancel the permit.
(1965 Code of Ordinances, Chapter 13, Section 13-7)
(a) 
Application.
Once any well has either been completed as a producer or abandoned as a dry hole, it shall be unlawful and an offense for any person to drill such well to a deeper geological formation 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 condition of the well and the casing therein;
(2) 
The depth to which it is proposed such well be deepened;
(3) 
The proposed casing program to be used in connection with proposed deepening operations.
(b) 
Filing Fee.
In the event the oil and gas inspector is satisfied that such well may be deepened with the same degree of safety as existing in the original well, a supplemental permit may be issued without additional filing fee to the permittee authorizing the deepening and operation of the well to such specified depth as applied for, provided the derrick and drilling equipment have not been removed from the drill site. In any deeper drilling or any deeper completion of any deeper production operations, the permittee shall comply with all provisions contained in this article and applicable to the drilling, completion and operations of a well or wells. If the operator has removed the derrick and drilling equipment from the location, the supplemental permit shall comply with the requirements specified for a permit in Section 4.305 of this article.
(1965 Code of Ordinances, Chapter 13, Section 13-8)
(a) 
Written Permission Required.
No permittee shall make any excavation for any purpose or construct any lines for conveyance of fuel, water or minerals on, under or through the streets and alleys of the city without express permission of the oil and gas inspector in writing, and then only in strict compliance with the ordinances of the city; provided however, that emergency repairs may be made without such permission when in the good faith opinion of the permittee the delay required to obtain written permission would involve a hazard to person or to property, but permittee shall notify the city as soon as possible thereafter.
(b) 
Maximum Gauge Pressure in Gathering Lines and Flow Lines; Location of Lines to be Approved.
The gathering lines and flow lines hereinafter installed in the corporate limits of the city, for the purpose of transporting oil, gas and/or water in conjunction with the operation of any well, tank or tank battery or injection or gathering system are hereby limited to a maximum operating gauge pressure of two hundred fifty (250) pounds per square inch unless otherwise specifically approved by the oil and gas inspector. The location of any such gathering lines and flow lines if not specified in the permit, must be specifically approved by the oil and gas inspector.
(c) 
Testing of Pipeline.
The pipeline shall be tested prior to being placed in service to one hundred fifty (150) percent of expected operating pressure, but not less than one hundred (100) pounds per square inch.
(d) 
Plot Plans Showing Location of Pipelines Required.
The companies responsible for any and all pipelines now in existence or hereinafter installed within the city limits are hereby required to furnish the city with an "as built" plot plan showing the location of all their facilities for permanent record with the city.
(e) 
Cover or Backfill.
All pipelines within the city limits other than the utility lines of the city and the franchised distribution system of electric light and power companies, designed or utilized to transport oil, gas or water in connection with the production and transportation of oil and/or gas shall hereafter be installed with the minimum of cover or backfill specified by the then applicable ANSI Code for such pipelines. The oil and gas inspector is authorized to approve a lesser cover or specify a greater cover or backfill in special cases when in the opinion of the oil and gas inspector such variation is advisable and/or will not increase the degree of hazard.
(f) 
Construction in Right-of-Way to Conform to City Ordinances.
The requirements for construction in public right-of-way must conform to such ordinances of the city regulating such construction.
(g) 
Written Permission Required to Dig up, Obstruct, Etc., Streets.
The digging up, breaking, excavating, tunneling, undermining, breaking up or damaging of any street as herein defined, or the leaving upon any street of any earth or other material or obstruction shall not be permitted unless such person shall first have obtained written permission from the city manager; provided however, emergency repairs may be made without such permission when in the good faith opinion of the permittee the delay required to obtain such written permission would involve a hazard to person or property, but permittee shall notify the city as soon as possible thereafter and shall be liable for any damages occurring.
(h) 
Determination of Placement, Location, Depth, Separation of Lines.
The oil and gas inspector is authorized to determine placement, location, depth and separation of line requirements in accordance with accepted industry standards.
(1965 Code of Ordinances, Chapter 13, Section 13-9)
(a) 
New Developments Under the Subarticle Policy.
Work done in new developments of the city by utility and street contractors under and in conformity with the city's subarticle policy is exempt from the provisions of this article.
(b) 
Work Performed by the City.
Work done by the city under city contract and under directions of the city is exempt from the provisions of this article.
(c) 
Public Utility Companies With Franchises.
Work done by public utility companies who operate under a current franchise from the city are exempt from the bond and insurance provisions of this article when doing such work with their own personnel, but this exemption does not apply to contractors doing work for said public utility company.
(d) 
Plumbers.
Work done by plumbers who are qualified and bonded with a valid permit from the city inspection department are exempt from the bond and insurance provisions of this article but must comply with the balance of this article.
(e) 
Construction Within Public Right-of-Way.
No permit for construction within public right-of-way shall be issued unless the written application is accompanied by such plans and descriptions necessary and that such plans and descriptions are submitted to the oil and gas inspector and are approved by the city manager.
(1965 Code of Ordinances, Chapter 13, Section 13-10)
In the event a permit or certificate of compliance be issued by the city council or the oil and gas inspector under the terms of this article for the operation or drilling of a well or the installation of a trunkline pipeline, no actual operations shall be commenced or continued until the permittee shall file with the city secretary a bond and a certificate of insurance as follows:
(1) 
Bond.
(A) 
Amount.
A bond in the principal sum of such amount as has been determined by the city council, but not to be less than twenty-five thousand dollars ($25,000.00) and the bond shall be executed by a reliable insurance company authorized to do business in the State of Texas, as surety, and the applicant as principal, running in the city for the benefit of the city and all persons concerned, conditioned that the permittee will comply with the terms and conditions of this article in the drilling and/or operation of the well or operation of any pipeline.
(B) 
Effective Date and Conditions.
Such bond shall become effective on or before the date it is filed with the city secretary and will remain in force and effect for at least a period of six (6) months subsequent to the expiration of the term of the permit issued, and in addition, the bond will be conditioned that the permittee will promptly pay all legally imposed fines, penalties and other assessments imposed upon permittee by reason of his breach of any of the terms, provisions and conditions of this article and that the permittee will promptly restore the streets and sidewalks and other public property of the city which may be disturbed or damaged in the operations to their former condition, and that the permittee will promptly clear all premises of all litter, trash, waste and other substances used, allowed or occurring in the operations and will, after abandonment or completion, grade, level and restore such property to the same surface conditions as nearly as possible to those which existed when operations were first commenced and that the permittee will indemnify and hold the city harmless from any and all liability growing out of or attributable to the granting of such permit. If at any time the city council shall deem any permittee's bond to be insufficient for any reason, it may require the permittee to file a new bond.
(C) 
Reduction or Increase of Bond.
If after completion of a producing well or any facility or pipeline for which a bond is required by this article and if the permittee has complied with all the provisions of this article such as removing derricks, clearing premises, erection of fences, etc., he may apply to the city council to have the bond reduced to a sum of not less than ten thousand dollars ($10,000.00) on each well or facility for the remainder of the time the well produces or the facility is operated without reworking. During major well work over or in-hole remedial operations requiring the use of a rotary rig and/or high pressure injection equipment (such as deepening, cementing, bracing, reperforating, etc.), the amount of the bond shall be increased to the original amount. A trunkline pipeline installation shall not be considered as completed until the lines have been tested and have been in operation for a period of thirty (30) days.
(2) 
Public Liability Insurance.
(A) 
Amount.
In addition to the bond required in subsection (1) above, the permittee shall carry a policy or policies of standard comprehensive public liability insurance, including contractual liability covering bodily injuries and property damages, naming the permittee and the city with an insurance company authorized to do business with the State of Texas. Such policy or policies in the aggregate shall provide for the following minimum coverages:
(i) 
Bodily injuries, one hundred thousand dollars ($100,000.00) for one person; three hundred thousand dollars ($300,000.00) for an accident.
(ii) 
Property damage, two hundred thousand dollars ($200,000.00).
(B) 
Filing of Duplicate Copies of Policies Required.
Permittee shall file with the city secretary duplicate original copies of policies of insurance as above stated and shall obtain the written approval thereof by the oil and gas inspector who shall act thereon within ten (10) days from the date of such filing.
(C) 
Notice of Cancellation Required.
The insurance policy or policies shall not be canceled without written notice to the city secretary at least ten (10) days prior to the effective date of such cancellation. In the event such insurance policy or policies are canceled, the permit granted shall terminate and the permittee's right to operate under such permit shall cease until permittee files additional insurance as provided herein.
(D) 
Reduction of Insurance.
If after completion of a well or pipeline permittee has complied with all the provisions of this article such as removing derrick, completion of the pipeline, clearing premises, etc., he may apply to the oil and gas inspector to have such policies reduced as follows:
(i) 
Bodily injuries, fifty thousand dollars ($50,000,00) for one person; one hundred thousand dollars ($100,000.00) for an accident.
(ii) 
Property damage, fifty thousand dollars ($50,000.00) for the remainder of the time such well produced without reworking. During reworking operations, the amount of the insurance policy or policies shall be increased to the original amount.
(1965 Code of Ordinances, Chapter 13, Section 13-11)
The city council may elect to make an exception to the requirements of Section 4.311 when in their opinion the intent and purposes for the requirements of the bond and insurance can be assured by any of the following means:
(1) 
Acceptance of a guaranty of indemnity to the city in lieu of bond and a plan of self insurance in the case of financially responsible operators.
(2) 
Acceptance of a blanket bond and a single policy of insurance to cover all operations of the permittee within the city limits.
(3) 
Application of bond and insurance requirements acceptable to the city council.
(1965 Code of Ordinances, Chapter 13, Section 13-12)
(a) 
No well shall be drilled and no permit shall be issued for any well to be drilled at any location nor shall any storage tank be located nearer than four hundred (400) feet to any residence or commercial building without the applicant having first secured the written permission of the city council and the and owner.
(b) 
No high pressure gas injection well or compressor shall be allowed or used within or under the city limits of the city.
(c) 
No residential, commercial or industrial structure other than structures necessary to operate the pipeline shall be erected or moved to a location nearer than thirty (30) feet to any pipeline transporting gas when the pipeline operating pressure is greater than two hundred fifty (250) pounds per square inch unless a greater or lesser distance is recommended by the then applicable ANSI Code.
(1965 Code of Ordinances, Chapter 13, Section 13-14)
It shall be unlawful and an offense for any person to use or operate in connection with the drilling reworking of any well within the city limits any wooden derrick or any steam powered rig, and all engines shall be equipped with adequate mufflers approved by the oil and gas inspector. No person shall 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. At all times from the start of erection of a derrick, or a mast or a ginpole until the well is abandoned and plugged or completed as a producer and enclosed with a fence as herein provided, the permittee shall keep a watchman on duty on the premises at all times when other workmen or the permittee are not on such premises.
(1965 Code of Ordinances, Chapter 13, Section 13-15)
Steel slush pits shall be used in connection with all drilling and reworking operations. Such pits and contents shall be removed from the premises and drilling site within thirty (30) days after completion of the well. No earthen slush pits shall be used.
(1965 Code of Ordinances, Chapter 13, Section 13-16)
(a) 
Drilling, Operations, Equipment.
All drilling and operations at any well performed by a permittee under this article shall be conducted in accordance with the practices of a reasonable and prudent operator in the Terry County area. All casing, valves and blow-out preventers, drilling fluid, tubing, bradenhead, Christmas tree and wellhead-connections shall be of a type and quality consistent with the practices of a reasonable and prudent operator. Each permittee under this article shall observe and follow the regulations of the Railroad Commission of the State of Texas.
(b) 
Design, Installation, Maintenance, Operation of Pipelines.
All operations relative to the design, installation, maintenance and operation of pipelines shall conform to the requirements of this article and the applicable ANSI Codes and the standards of performance of the reasonable and prudent operators of the trades involved.
(c) 
Construction of Pipelines.
All pipelines hereafter constructed shall be of all new pipe and shall comply with ANSI specifications.
(d) 
Valves.
Valves shall be installed on all pipelines at such locations and spacing to safely and adequately control the operation of the line and to minimize the quantity of gas, oil or water that would be released from the line in case of line failure or rupture. The types and locations of all valves shall be indicated on a plan layout and approved by the oil and gas inspector.
(e) 
Electric Motors and Electrical Installations.
Electric motors shall be used to drive all gas compressors, pumps or pumping units in the oil and gas operations, and all electrical installations and equipment shall conform to the ordinances of the City of Brownfield and the appropriate national codes.
(f) 
Pipeline Location Markers.
Pipeline location markers shall be approved as to type and location by the oil and gas inspector, and the removal of any pipeline marker without the express permission of the oil and gas inspector shall constitute a violation of the provisions of this article.
(g) 
Pipelines Crossing Thoroughfares.
The pipelines crossing thoroughfares designated by the oil and gas inspector, even though cased by conduit, shall be cased, vented and marked in accordance with accepted practice of the pipeline industry.
(h) 
Time Restrictions for Certain Operations; Direction of Lighting.
The delivery to or the removal of equipment or material from the drill site shall be limited to the hours between 7:00 a.m. and 9:00 p.m. except in cases of emergency. No pipe racking outside the derrick will be permitted during the hours between 9:00 p.m. and 7:00 a.m. except in cases of emergency. All lighting shall be shielded and directed so as to confine the direct rays to the drill site.
(1965 Code of Ordinances, Chapter 13, Section 13-17)
The premises shall be kept in a clean and sanitary condition satisfactory to the health office and the oil and gas inspector of the city. The permittee shall take reasonable precautions to prevent any mud, wastewater, oil, slush or other waste matter from flowing into the alleys, streets, lots or leases within the city limits of the city.
(1965 Code of Ordinances, Chapter 13, Section 13-18)
Electric motors shall be used to drive all pumping units, pumps or compressors and all transfer operations. No electric power shall be generated on location. All electrical installations and equipment shall conform to the ordinances of the City of Brownfield and the appropriate national codes.
(1965 Code of Ordinances, Chapter 13, Section 13-19)
(a) 
Equipment; Location.
A permittee shall use, construct and operate a steel conventional separator and such other approved tank and appurtenances as are necessary for treating oil and/or storing oil and/or water with each of such facilities to be so constructed and maintained as to be vapor tight and equipped with a vapor recovery unit. Each oil/gas separator shall be equipped with both a regulation pressure relief safety valve and a bursting head, which shall be vented into a tank to eliminate spraying. All such tanks shall be placed aboveground and the tanks shall be placed upon a suitable earthen or concrete pad.
(b) 
Central Tank Batter.
The use of a central tank battery is permitted.
(c) 
Tanks to be Enclosed Within Firewalls.
The tank or tanks shall be enclosed within a conventional type firewall constructed of compacted earth, and sufficient water shall be used during the firewall construction to assure adequate compaction.
(d) 
Capacity of Firewalls.
The firewall enclosing the tanks shall have a minimum capacity equal to two (2) times the volume of the tanks enclosed, with provisions to pump out and keep clean.
(e) 
Height of Top or Crown of Firewall.
The top or crown of the firewall shall have a normal height of three (3) feet above normal ground elevation. The location of the tank site shall be approved by the city oil and gas inspector.
(1965 Code of Ordinances, Chapter 13, Section 13-20)
(a) 
Fences, Locking Gates, Landscaping.
Any person who completes or operates any producing well shall have the obligation to enclose such well, together with its surface facilities, by a substantial fence six (6) feet high and properly built so as to ordinarily keep persons and/or animals out of the enclosure. All gates and exit ways shall be kept locked at all times except when the permittee or his employees are within the enclosure. In a developed residential area, the permittee will be obligated to landscape and maintain the appearance of the site to conform to the surrounding residential area. In no congested residential areas, the oil and gas inspector may designate the type of fencing to be erected. However, if the surrounding area subsequently develops into a residential neighborhood, the permittee will be obligated to conform to the residential landscaping and fencing requirements and appearance.
(b) 
Storage.
The well site, tank site and tank battery site shall not be used for the storage of pipe, equipment or materials except during the drilling or servicing of the well, pipelines and tanks except where the site is located in an industrial or manufacturing zone.
(1965 Code of Ordinances, Chapter 13, Section 13-21)
All oil operations, drilling and production operations shall be conducted in such a manner as to eliminate as far as practicable, dust, noise, vibration or noxious odors and shall be in accordance with the reasonable and prudent practices incident to exploration for, drilling for and production of oil, gas and other hydrocarbon substances.
(1965 Code of Ordinances, Chapter 13, Section 13-22)
(a) 
Burning or Flaring of Oil or Gas Prohibited; Exception.
Any permittee engaged in the drilling or operation of an oil and/or gas well or the operation of any facility used in conjunction with the production of oil and/or gas within the city limits of the city shall take reasonable precautions to prevent gas from escaping into the air and shall not flare or burn gas or oil from any pipe stack, pit or any similar means within the city limits of the city; provided, gas may be burned for a limited time when necessary to complete any oil and/or gas well upon the original completion or upon the recompletion of work over jobs upon oil and/or gas wells so long as the same does not constitute a fire hazard to the property of others within the vicinity of such oil and/or gas well.
(b) 
Tank Header and Tank Battery Line Specifications.
It shall hereafter be unlawful to operate a well for oil and/or gas without a four-inch header being laid over the top of the tank and a 21/2-inch line extending from the tank battery to a point designated by the oil and gas inspector. The manner and method provided for connection at such point shall be determined by the fire department of the city so that foamite or other chemicals may be pumped through such line or lines and the header of the tanks into such tanks to extinguish fires in the tanks.
(c) 
Emergency Firefighting Apparatus.
Emergency firefighting apparatus and supplies, subject to approval by the fire department of the city, shall be maintained on the drilling site at all times during the drilling operations.
(d) 
Identification of Wells.
The permittee shall place a sign at each well location or site to identify the well in accordance with RRC standards.
(1965 Code of Ordinances, Chapter 13, Section 13-23)
Whenever any well is abandoned, it shall be the obligation of the permittee and the operator of the well to comply with the regulations of the Railroad Commission of the State of Texas in connection with the abandonment and plugging of a well. A copy of the plugging and abandonment form shall be furnished to the oil and gas inspector.
(1965 Code of Ordinances, Chapter 13, Section 13-24)
Permittee shall take reasonable precautions for the disposal of all salt water and other impurities which he may bring to the surface so as not to contaminate the potable water supply, present or prospective, or to injure surface vegetation; and no salt water or other substance will be disposed of in wells or earthen tanks within the city.
(1965 Code of Ordinances, Chapter 13, Section 13-25)
Any violation of law of the State of Texas or any rules, regulations or requirements of any state or federal regulatory body having jurisdiction in reference to drilling, completing, equipping, operating, producing, installing, maintaining or abandoning any oil and/or gas well, pipelines 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, shall also be a violation of this article and shall be punishable in accordance with the provisions hereof.
(1965 Code of Ordinances, Chapter 13, Section 13-26)
It shall be unlawful and an offense for any person to violate or fail to comply with any provisions hereof, irrespective of whether or not the verbiage of each section hereof contains the specific language that such violation or failure to comply is unlawful and is an offense. Any person who shall violate any of the provisions of a permit issued pursuant hereto, or who shall fail to comply with the terms hereof, shall be guilty of a misdemeanor and shall on conviction thereof be fined in accordance with the general penalty provision set forth in Section 1.109 of this code; and the violation of each separate provision of this article, and of such permit, shall be considered a separate offense. In addition to the foregoing penalties, it is further provided that the city council of the city, at any regular or special session or meeting thereof, may, provided ten (10) days notice has been given to the permittee that revocation is to be considered at such meeting, revoke or suspend any permit issued under this article and under which operations are being conducted, in the event the permittee thereof has violated any provisions of such permit or this article. In the event the permit is revoked, the permittee may make application to the city council for a reissuance of such permit.
(1965 Code of Ordinances, Chapter 13, Section 13-27)
Each producing well and/or pumping unit, together with their associated equipment (tankage, separators, structures, fencing, landscaping, etc.), regulated by this article shall be inspected annually by the oil and gas inspector for the purpose of conformance to the various regulations. If any nonconformance is found, the permittee will be notified in writing of the violation immediately and the permittee shall begin to institute proceedings to come into full compliance with this article. The annual inspection fee shall be paid by the permittee.
(1965 Code of Ordinances, Chapter 13, Section 13-28)
The land surrounding any well or surface facility which is required by any of the provisions of this article to be landscaped shall be planted and maintained with grass, plants or shrubs during production operations, but only to an extent reasonably compatible with the general status of the surfaces in the vicinity. The entire controlled site shall be adequately landscaped except for those portions occupied by any required structure, appurtenances or driveway and all such landscaping shall be maintained in good condition at all times.
(1965 Code of Ordinances, Chapter 13, Section 13-29)
All equipment necessarily incident to the production of oil and/or gas within the city limits shall be subject to the inspection and approval of the appropriate qualified inspectors; oil and gas inspector, building inspectors, electrical inspector, fire and safety inspector, etc. All operations will be maintained in such a manner that will minimize dust, noise, noxious odors, vibrations and other offensive conditions to the surrounding residential area. Any aboveground facility which is located within or immediately adjoining any subdivided area where ten (10) percent of the lots or subdivided tracts within a one half-mile radius thereof are improved with residential structures or located within one-half (1/2) mile of any school or public building shall be considered within a developed residential area.
(1965 Code of Ordinances, Chapter 13, Section 13-30)
In the event of loss of control of any well, the operator shall immediately take all reasonable steps to regain control of such well regardless of any other provision of this article, and shall notify the oil and gas inspector as soon as practicable after receipt of notice by his employees of the occurrence of such loss of well control endangering persons or property. If and when the oil and gas inspector certifies in writing to the city secretary that in his opinion danger to persons or property exists because of such loss of well control (briefly describing the same) and/or the operator is not taking or is unable to take all reasonable necessary steps to regain control of such well, the oil and gas inspector may employ any well control experts or other contractors or suppliers of special services, or may incur any other expenses for labor or material which the oil and gas inspector deems necessary to regain control of such well. The city shall have a valid lien against the interest in the well of all working interest owners who have voluntarily joined in the drilling of such well to secure payment of any expenditures so made by the city pursuant to the above provisions.
(1965 Code of Ordinances, Chapter 13, Section 13-31)
Within thirty (30) days after completion of any well, the permittee shall file in the office of the oil and gas inspector a final report including the casing program actually utilized in the well. The final report shall specify any changes in well location, depth and any other variation from the terms of the permit. The final report shall specify the perforated interval and include information pertaining to other perforation, if any.
(1965 Code of Ordinances, Chapter 13, Section 13-32)
All reference in this article to ASA or USAS codes, tests or standards of performance are hereby eliminated, and there is hereby substituted for all such references ANSI codes, tests and standards of performance.
(1965 Code of Ordinances, Chapter 13, Section 13-34)
The issuance of a permit pursuant to the provisions of this article constitutes a contract between the city and the permittee that the permittee shall be liable and must pay reasonable attorney's fees and costs incurred by the city in a successful enforcement of the provisions of this article.
(1965 Code of Ordinances, Chapter 13, Section 13-35)
(a) 
Neither this article nor any permit issued hereunder shall be interpreted to grant any right or licenses 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; nor shall it limit or prevent the free right of the owner or permittee to contract for the amount of damages, rights or privileges with respect to his own land and property or to use any other action allowed by law.
(b) 
This article shall never be interpreted to grant any rights or licenses to permittee to drill or operate any well on land in a subarticle in which the land or subarticle has been restricted to residential use only by the owners of the mineral estate thereof, unless consent from the owner of the surface estate and the owners in said subarticle is first secured by permittee.
(1965 Code of Ordinances, Chapter 13, Section 13-36)