For the purposes 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:
Curbline.
The line established by the city for the particular street.
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 or him, but which, due to the free 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.
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.
Person.
An individual, firm, company, or corporation.
Right-of-way.
Is expressly limited to all public right-of-way or streets or other public property within the city.
Street.
Any street, highway, sidewalk, alley, avenue, recessed parking area, or other public right-of-way, including the entire right-of-way.
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.
Titles.
When the title of any city official is used herein, such shall include any duly authorized representative.
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 Ector County; 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 “pipeline” whenever and wherever used herein but not as a part of the preceding phrases shall mean trunklines, pipelines, gathering lines and discharge lines as hereinabove defined.
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 used as an injection well for secondary recovery, or any of them.
(Ordinance 60-25, sec. 2, adopted 4/26/60; 1957 Code, sec. 11-1)
It shall constitute a misdemeanor for any person to do any act which is prohibited by the terms of this article, or fail to do any act that is required, and any such violation of this article shall be punishable by a fine and penalty as indicated by section 1-1-9 of the city Code of Ordinances. Each day or portion thereof that a violation continues shall constitute a separate offense as provided for in section 1-1-9 of the city code.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 72-58, sec. 14, adopted 9/12/72; Ordinance 85-41, sec. 2, adopted 5/14/85; Ordinance 96-45, sec. 2, adopted 7/9/96; 1957 Code, sec. 11-26)
(a) 
The director of public works shall be the oil and gas inspector, and it shall be his duty to enforce the provisions of this article.
(b) 
Any person who may be aggrieved by any ruling, order and/or decision of the oil and gas inspector or city manager 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.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 70-72, sec. 1, adopted 9/22/70; Ordinance 2001-16, sec. 2, adopted 4/10/01; 1957 Code, sec. 11-2)
(a) 
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 any well or to install any trunkline pipeline or water and/or gas repressurizing or injection facility within the city limits without a permit having first been issued by the authority of the city manager in accordance with the terms of this article.
(b) 
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 any such activities so authorized shall be in compliance with all applicable provisions of this article and 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 before it may be used for repressurizing or injection of water and/or gas.
(c) 
When a permit has been issued for the installation of any trunkline pipeline or water and/or gas repressurizing or injection facility, such permit shall constitute sufficient authority for the construction, operation, maintenance, conversion of existing wells to injection wells (in the case of a water and/or gas repressurizing or injection facility), repair, and abandonment of such facility, and for all facilities reasonably necessary or convenient in connection therewith (including gathering lines), by the 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) 
As to all wells, pipelines, and water and/or gas repressurizing or injection facilities and such other facilities as may be covered by this article existing within the city limits on December 9, 1969, or which are in existence at the time the land upon which same are situated is annexed to the city, no permit or filing fee will be required; but the oil and gas inspector shall inspect same, and if satisfied that such facilities can be operated in a manner that will insure public safety shall issue a certificate in writing that such facilities conform to such public safety requirement; provided, however, that the operator of any such facilities coming within the provisions of this subsection (d) shall, within four years of December 9, 1969, or the date that the premises upon which his facilities are located are annexed into the city limits, take all necessary steps required for such facilities to comply with sections 4-14-9, 4-14-11, 4-14-12, 4-14-19, 4-14-21, 4-14-28 and 4-14-29 of this article. If any such facilities do not conform with the provisions of said sections within said time, the operator of such facilities shall be deemed guilty of a violation of this article in accordance with section 4-14-2 and punishable by fine as described therein. It is further provided that in the event any such existing facilities coming within the provisions of this subsection (d) are abandoned or relocated for any reason, any new facilities constructed or established to replace such facilities must comply with all provisions of this article.
(e) 
No permit shall authorize the drilling of more than one well or the installation of more than one trunkline pipeline or more than one water and/or gas repressurizing or injection facility.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 69-84, secs. 1–3, adopted 12/9/69; Ordinance 2001-16, sec. 2, adopted 4/10/01; 1957 Code, sec. 11-3)
(a) 
Every application for a permit to drill a well or install a water and/or gas repressurizing or injection facility or trunkline 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 oil and gas inspector. In case the permit is requested for the purpose of drilling a well or reentering and drilling to a deeper formation, the application shall be accompanied by a filing fee of five hundred dollars ($500.00) in cash, cashier’s check or certified check made payable to the city.
(b) 
A separate application shall be required for each well, each trunkline pipeline, and each water and/or gas repressurizing or injection facility. 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), trunkline pipeline, or water and/or gas repressurizing or injection facility, including:
(A) 
Name of the lease owner (where applicable).
(B) 
Accurate description of the land.
(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 (when applicable).
(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(s) to be notified in case of emergency.
(10) 
The application to install any pipeline with pressures in excess of 250 psi should include details and specifications of the safety provisions and equipment.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 60-79, sec. 1, adopted 10/25/60; Ordinance 2001-16, sec. 2, adopted 4/10/01; 1957 Code, sec. 11-4)
(a) 
The city manager, within sixty days after the filing of the application for a permit to drill a well or install a trunkline pipeline or a waterflooding, gas injection, or any primary or secondary recovery 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, the city manager shall then 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 applied for. Each permit shall:
(1) 
By reference have incorporated therein all the provisions of this article with the same force and effect as if this article were copied verbatim in such permit.
(2) 
Specify the location of the proposed well, injection facility, and all pipelines with particularity as to lot number, block number, name of addition or subdivision, 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 4-14-11.
(b) 
Such permit, in duplicate originals, shall be signed by the 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 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.
(c) 
If the permit be refused, or if the applicant notifies the city manager in writing that he does not elect to accept the permit as tendered and wishes to withdraw his application, or if the bond of the applicant be not approved or if the applicant notifies the city manager in writing that he wishes to withdraw his application, then upon the happening of such an event the cash deposit provided for to be filed with the application to drill a well shall be returned to the applicant, except that there shall be retained therefrom by the city one hundred dollars ($100.00) as a processing fee.
(d) 
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 manager shall include in his or her 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.
(e) 
In acting on any such application, the city manager 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.
(f) 
Once a permit has been granted by the city manager, 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 this article before the 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.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 69-84, secs. 4, 5, adopted 12/9/69; Ordinance 2001-16, sec. 2, adopted 4/10/01; 1957 Code, sec. 11-5)
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 manager may suspend the permit for a period of time or cancel the permit.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 2001-16, sec. 2, adopted 4/10/01; 1957 Code, sec. 11-6)
(a) 
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 oil and gas inspector 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 the connection with proposed deepening operations.
(b) 
In the event the inspector is satisfied that such well may be deepened with the same degree of safety as existed in the original well, a supplemental permit may be issued without an 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 operation of a well or wells.
(c) 
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 4-14-5.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 2001-16, sec. 2, adopted 4/10/01; 1957 Code, sec. 11-7)
(a) 
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 inspector in writing, and then only in strict compliance with the ordinances of the city; provided, however, 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 property.
(b) 
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, injection or gathering system are hereby limited to a maximum operating gauge pressure of 250 psi (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) 
The pipeline shall be tested prior to being placed in service.
(d) 
The companies responsible for any and all pipelines now existent or hereafter installed within the corporate limits are hereby required to furnish the city an “as built” plot plan showing the location of all their facilities for permanent record with the city.
(e) 
All pipelines within the corporate limits, other than the utility lines of the city and any franchised distribution system, designed or utilized to transport oil, gas or water in connection with the production and transportation of oil and/or gas or for repressurizing operations shall hereafter be installed with the minimum of cover or backfill specified by the then-applicable ASA 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) 
The requirements for construction in public right-of-way must conform to such ordinances of the city regulating such construction.
(g) 
The digging up, breaking, excavating, tunneling, undermining, breaking up, damaging of any street as herein defined, or leaving upon any street any earth or other material or obstruction shall not be permitted unless such persons shall first have obtained written permission from the city engineer; provided, however, emergency repairs may be made without such permission when in the good faith opinion of the permittee the delay required to obtain the written permission would involve a hazard to person or property.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 69-84, sec. 6, adopted 12/9/69; Ordinance 2001-16, sec. 2, adopted 4/10/01; 1957 Code, sec. 11-8)
(a) 
Work done in new developments of the city by utility and street contractors under and in conformity with the city’s subdivision policy is exempt from the provisions of this article.
(b) 
Work done by the city or under city contract and under direction of the city is exempt from the provisions of this article.
(c) 
Work done by public utility companies who operate under a current franchise from the city is 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) 
Work done by plumbers who are qualified and bonded with a valid permit from the city inspection department is exempt from the bond and insurance provisions of this article but must comply with the balance of this article.
(e) 
No permit for construction within public right-of-way shall be issued unless the written application be accompanied with such plans and descriptions necessary and submitted to the oil and gas inspector and approved by the city engineer.
(Ordinance 60-25, sec. 2, adopted 4/26/60; 1957 Code, sec. 11-9)
In the event a permit or certificate of compliance be issued by the city manager or the oil and gas inspector under the terms of this article for the drilling of a well or installation of a trunkline pipeline, waterflooding project, or gas injection project, no actual operations shall be commenced until the permittee shall file with the oil and gas inspector a bond and a certificate of insurance as follows:
(1) 
(A) 
A bond in the principal sum of such amount as has been determined by the city manager, but not to be less than two hundred fifty thousand dollars ($250,000.00), and the bond shall be executed by a reliable insurance company authorized to do business in the state as surety, and the applicant as principal, running to 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 operation of the well, waterflooding project, gas injection or operation of any pipeline.
(B) 
Such bond shall become effective on or before the date it is filed with the oil and gas inspector and 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 the 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 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, as 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 and will relocate any pipeline or permitted facilities out of the right-of-way area, if needed for right-of-way purposes, on reasonable notice. If at any time the city manager shall deem any permittee’s bond to be insufficient for any person [reason], it may require the permittee to file a new bond.
(C) 
If, after completion of a producing well, gas injection well, water injection well or any facility or pipeline for which a bond is required by this article, the permittee has complied with all the provisions of this article, such as removing the derrick, clearing premises, erection of fences, etc., he may apply to the city manager to have the bond reduced to a sum not less than one hundred thousand dollars ($100,000.00) on each well or facility for the remainder of the time the well produces or facility is operated without reworking. During major well workover or in-hole remedial operations requiring the use of a rotary rig and/or high pressure injection equipment (deepening, cementing, tracing, 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 in operation for a period of thirty (30) days. A pipeline in city right-of-way will not be completed until removed from such right-of-way.
(2) 
In addition to the bond required in subsection (1) of this section, the permittee shall carry a policy or policies of standard comprehensive public liability insurance, including contractual liability covering bodily injuries and property damage, naming the permittee and the city, as insured, in an insurance company authorized to do business with the state. Such policy or policies in the aggregate shall provide for the following minimum coverages:
(A) 
Bodily injuries, two hundred fifty thousand dollars ($250,000.00) one (1) person; five hundred thousand dollars ($500,000.00) one (1) accident.
(B) 
Property damage, two hundred thousand dollars ($200,000.00).
The permittee shall file with the oil and gas inspector certificates of such insurance as above stated and shall obtain the written approval thereof by the inspector, who shall act thereon within ten (10) days from the date of such filing. The insurance policy or policies shall not be cancelled 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 cancelled, the permit granted shall terminate, and the permittee’s right to operate under such permit shall cease until the permittee files additional insurance as provided herein.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 72-58, sec. 1, adopted 9/12/72; Ordinance 95-10, sec. 1, adopted 1/24/95; Ordinance 2001-16, sec. 2, adopted 4/10/01; 1957 Code, sec. 11-10)
The city manager may elect to make an exception to the requirements of section 4-14-11 when in his opinion the intent and purpose for the requirements of the bond and insurance can be assured by any of the following means:
(1) 
Acceptance of a guarantee 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 manager.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 2001-16, sec. 2, adopted 4/10/01; 1957 Code, sec. 11-11)
No oil or gas well, permanent compressor station, waterflood station, separator or tank battery covered by this article shall be located closer than one hundred fifty (150) feet to any street, road, highway or alley, whether same is existing, platted or dedicated, without the written permission of the city manager.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 69-84, sec. 7, adopted 12/9/69; Ordinance 72-58, sec. 2, adopted 9/12/72; Ordinance 74-32, sec. 1, adopted 3/26/74; Ordinance 2001-16, sec. 2, adopted 4/10/01; 1957 Code, sec. 11-12)
(a) 
No well shall be drilled and no permit shall be issued for any well to be drilled at any location, or storage tank to be located, which is nearer than one hundred and fifty feet (150') to any residence or commercial building without the applicant having first secured the written permission of the city manager.
(b) 
No high pressure gas injection well or compressor used in conjunction with a gas injection well shall be located nearer than one hundred and fifty (150) feet to any residential, commercial, or industrial structure, or school or other public building or public grounds, except by permission of the city manager. In exceptional cases for reasons of safety, the city manager may require that any such facility shall be located at a greater distance than one hundred fifty (150) feet from any such structure, building or grounds.
(c) 
No pipeline transporting gas with a greater operating pressure than two hundred fifty (250) pounds per square inch shall be located nearer than thirty (30) feet to any residential, commercial or industrial structure other than structures necessary to operate the pipeline.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 69-84, sec. 8, adopted 12/9/69; Ordinance 99-66, sec. 1, adopted 12/14/99; Ordinance 2001-16, sec. 2, adopted 4/10/01; 1957 Code, sec. 11-13)
It shall be unlawful and an offense 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 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 of the permittee are not on such premises.
(Ordinance 60-25, sec. 2, adopted 4/26/60; 1957 Code, sec. 11-14)
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.
(Ordinance 60-25, sec. 2, adopted 4/26/60; 1957 Code, sec. 11-15)
(a) 
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 Permian Basin area. All casing, valves, and blowout preventers, drilling fluid, tubing, bradenheads, Christmas trees, and wellhead connections shall be of a type and quality consistent with the practices of a reasonable and prudent operator. Setting and cementing casing and running drill stem tests shall be performed in a manner and at a time consistent with the practice of a reasonable and prudent operator. Each permittee under this article shall observe and follow the regulations of the railroad commission of the state.
(b) 
All operations relative to the design, installation, maintenance, and operation of pipelines shall conform to the requirements of this article and the applicable ASA codes and the standards of performance of reasonable and prudent operators of the trades involved.
(c) 
All pipelines hereafter constructed shall be of all new pipe and shall comply with USAS specifications.
(d) 
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 shall be used to drive all gas compressors, pumping units and/or waterflood pumps in the oil and gas operations, and all electrical installations and equipment shall conform to the city ordinances and the appropriate national codes.
(f) 
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) 
The pipelines crossing certain thoroughfares, designated by the oil and gas inspector, shall be cased and vented in accordance with accepted practice of the pipeline industry.
(h) 
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.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 69-84, secs. 9–11, adopted 12/9/69; Ordinance 72-58, secs. 3, 4, adopted 9/12/72; 1957 Code, sec. 11-16)
The premises shall be kept in a clean and sanitary condition, satisfactory to the health officer and the oil and gas inspector of the city. The permittee shall take reasonable precautions to prevent any mud, waste water, oil, slush, or other waste matter from flowing into the alleys, streets, lots, or leases within the corporate limits of the city.
(Ordinance 60-25, sec. 2, adopted 4/26/60; 1957 Code, sec. 11-17)
Electric motors shall be used to drive all pumping units and gas compressors and all transfer operations. No electric power shall be generated on location. All electrical installations and equipment shall conform to the city ordinances and the appropriate national codes.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 69-84, sec. 12, adopted 12/9/69; Ordinance 72-58, sec. 5, adopted 9/12/72; 1957 Code, sec. 11-18)
(a) 
It shall be unlawful and an offense 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 low-type tanks for oil storage, not exceeding five hundred (500) barrels capacity for each well connected thereto and so constructed and maintained as to be vapor-tight and properly vented. A permittee may use, construct, and operate a steel conventional separator, and such other approved tank 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/gas separator shall be equipped with both a regulation pressure relief safety valve and a bursting head. All such tanks shall be placed aboveground, and the tanks shall be placed upon a suitable earth or concrete pad.
(b) 
The use of a central tank battery is permitted so long as not more than two tanks as specified are used for each well connected to the battery.
(c) 
The tank or tanks shall be enclosed within a conventional type firewall constructed of compacted earth; sufficient water shall be used during the firewall construction to assure adequate compaction.
(d) 
The firewall enclosing the tanks shall have a minimum capacity equal to two times the volume of the tanks enclosed.
(e) 
The top or crown of the firewall shall have a normal height of three feet above normal ground elevation. The location of the tank site shall be approved by the city oil and gas inspector.
(f) 
The tanks shall be recessed within the firewall enclosed to such depth that will assure them of being practically “sight clear” when viewed from without the fenced enclosure.
(g) 
The separators shall be installed in a manner that will assure them of being practically “sight clear” when viewed from without the fenced enclosure.
(Ordinance 60-25, sec. 2, adopted 4/26/60; 1957 Code, sec. 11-19)
(a) 
Any person who completes any producing well shall have the obligation to enclose such well, together with its surface facilities, by a substantial fence six feet (6) high and properly built so as to ordinarily keep persons and/or animals out of the enclosure. All gates and exitways 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 noncongested 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, fencing and appearance.
(b) 
The compressor unit, waterflood pump unit, and/or injection well location shall be enclosed on all sides by a minimum six-foot chainlink fence with two strands of barbed wire along the top and properly built so as to keep persons and/or animals out of the enclosure. The fence shall have a minimum of two gates or exitways located on opposite sides of the enclosure. The gates or exitways 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, solar-screen and maintain the appearance of the site to conform to the surrounding area.
(c) 
The compressor unit or waterflood pump unit shall, in addition to the fence requirements described above, be enclosed by a noncombustible structure constructed in such a manner to reduce the noise of operation and minimize the hazards to the surrounding area. The design of the structure shall be approved by the oil and gas inspector prior to the erection.
(d) 
The well site, tank site, tank battery site, pump station site, or compressor site shall not be used for the storage of pipe, equipment or materials except during the drilling or servicing of the well, pipelines, tanks, pump stations, or compressor stations, except where the site is located in an industrial or manufacturing zone.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 72-58, secs. 6–8, adopted 9/12/72; 1957 Code, sec. 11-20)
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.
(Ordinance 60-25, sec. 2, adopted 4/26/60; 1957 Code, sec. 11-21)
(a) 
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 corporate 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 a pipe stack, pit or any similar means within the corporate 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 workover 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) 
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 two-and-one-half-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 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, and on the site of each compressor used for gas injection operations.
(d) 
The permittee shall place a sign at each well location or site to identify the well.
(Ordinance 60-25, sec. 2, adopted 4/26/60; Ordinance 72-58, sec. 9, adopted 9/12/72; 1957 Code, sec. 11-22)
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 in connection with the abandonment and plugging of a well. A copy of the plugging and abandonment form shall be furnished the oil and gas inspector.
(Ordinance 60-25, sec. 2, adopted 4/26/60; 1957 Code, sec. 11-23)
The permittee shall take reasonable precautions for the disposal of all saltwater 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.
(Ordinance 60-25, sec. 2, adopted 4/26/60; 1957 Code, sec. 11-24)
Any violation of law of the state 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 firewalls, fire protection, blowout 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.
(Ordinance 60-25, sec. 2, adopted 4/26/60; 1957 Code, sec. 11-25)
Each producing well, pumping unit, compressor unit, waterflood pump and/or injection well, 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 one hundred dollars ($100.00) per year for each site upon which there is located a facility covered by this article, and such fee shall be paid by the permittee.
(Ordinance 69-84, sec. 13, adopted 12/9/69; Ordinance 72-58, sec. 10, adopted 9/12/72; Ordinance 95-10, sec. 1, adopted 1/24/95; 1957 Code, sec. 11-27)
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 such drilling and production operations, but only to an extent reasonably compatible with the general status of the surfaces in the vicinity. The entire controlled drill 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.
(Ordinance 69-84, sec. 13, adopted 12/9/69; Ordinance 72-58, sec. 11, adopted 9/12/72; 1957 Code, sec. 11-28)
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 percent (10%) of the lots or subdivided tracts within one-half (1/2) 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.
(Ordinance 69-84, sec. 13, adopted 12/9/69; Ordinance 72-58, sec. 12, adopted 9/12/72; 1957 Code, sec. 11-29)
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 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 expenditure so made by the city pursuant to the above provisions.
(Ordinance 69-84, sec. 13, adopted 12/9/69; 1957 Code, sec. 11-30)
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 or 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.
(Ordinance 69-84, sec. 13, adopted 12/9/69; 1957 Code, sec. 11-31)
No geophysical work employing underground explosives will be permitted anywhere at any time within the city limits. Other geophysical systems employing the “thumper,” “vibroseis,” or other techniques not employing explosives will be permitted upon proper application and payment of a one-hundred-dollar ($100.00) application fee. Such application shall include the following:
(1) 
The date of the application.
(2) 
The name of the applicant.
(3) 
The address of the applicant.
(4) 
A statement of the proposed commencement and completion dates.
(5) 
A map or plat outlining the areas proposed to be covered by the survey.
(6) 
Compliance with section 4-14-11 concerning indemnification bond and public liability insurance coverage.
(Ordinance 69-84, sec. 13, adopted 12/9/69; Ordinance 95-10, sec. 1, adopted 1/24/95; 1957 Code, sec. 11-32)
All references 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.
(Ordinance 69-84, sec. 14, adopted 12/9/69; Ordinance 72-58, sec. 15, adopted 9/12/72; 1957 Code, sec. 11-33)