The city council finds that there is a likelihood of drilling and production operations for oil and gas within the city and its extraterritorial jurisdiction in the very near future. The city council further finds that the present and prospective density of population and improvements in the city require that operations for the drilling and production of oil and gas be regulated because of the fire hazards created by such operations, as well as the menace of falling derricks, unsanitary conditions, contaminated water supplies and all similar like threats to the lives, property, health, safety and convenience of the public in general, for which the police power of the state, delegated to this city, is invoked in aid of the enforcement of the provisions of this article.
(1999 Code, sec. 114.01)
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All technical or oil and gas industry words or phrases used in this article shall have that meaning customarily attributable by prudent operators in the oil and gas industry.
Applicant.
Any person who applies for a permit under the provisions of this article, and his or its administrators, executors, heirs, successors and assigns.
Commission.
The railroad commission of the state.
Councilmembers.
The city council.
Developed area.
Any area within 300 feet of a residence, commercial building, church, hospital, rest home, public or parochial school, preschool, or other place of public assembly.
Directional well.
A well intended to be drilled from the surface to the bottom thereof with some portion of the hole having a deviation of more than 5° from vertical.
Drilling operation.
The making of a hole in the earth for the purpose of discovery, exploration or production of oil, gas or minerals.
Idle or nonproducing well.
Whenever any oil well fails to produce at the quarterly rate of 20 barrels of crude oil or other hydrocarbon substances or at a quarterly rate of 100,000 cubic feet of gas for sale, lease or storage for two successive calendar quarters, such well shall be classified as idle.
Manager.
The city manager or his assistant.
Mayor, city manager, city council, council and city secretary.
These and like terms refer to those of this city unless otherwise expressly indicated.
Operator.
Includes every person, and the agents, servants and employees of such person, engaged in operations for the drilling, reworking, redrilling, well servicing or plugging and abandonment of any well subject to this article and the production or transportation of any product therefrom.
Permittee.
Any person holding a permit granted under this article, or under a prior ordinance and in good standing on the effective date.
Straight well.
A well intended to be drilled from the surface to the bottom thereof with no portion of the hole having a deviation of more than 5° from vertical.
Well.
Includes any hole or bore, to any sand, formation, strata or depth, which is drilled, bored, sunk, dug or put down for the purpose of either exploring for or ascertaining the existence of any oil, gas, liquid hydrocarbon or any of them, or for the purpose of producing and recovering any oil, gas, liquid hydrocarbon or any of them.
(1999 Code, sec. 114.04)
It shall be unlawful and an offense for any person to violate or fail to comply with any provision hereof, irrespective of whether or not the verbiage of each section hereof contains the specific language that such violation or neglect is unlawful and is an offense. The violation of any such provision of this article shall be punished by a fine as set out in section 1.01.009. However, no penalty shall be greater or less than the penalty provided for the same or a similar offense under state law. The violation of each separate provision of this article, and of the permit and indemnities, shall be considered a separate offense, and each day’s violation of each separate provision thereof shall be considered a separate offense. Further, the city may seek enforcement of this article in equity through a court of competent jurisdiction. In addition to the foregoing penalties, it is further provided that the city council, at any regular or special session or meeting thereof, may, provided ten 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 exploring, drilling, redrilling, reworking or converting operations are being conducted, in the event the permittee thereof has violated any provision of the permit, letters or indemnities, or this article. In the event the permit be revoked, the permittee may make application to the city council for a reissuance of such permit, and the action of the city council thereon shall be final.
(1999 Code, sec. 114.99)
It shall be unlawful for any person, unless authorized by the operator, to enter a fenced area around any well or production facility. It shall be unlawful for any person, unless authorized by the operator, to touch any well or production equipment. Notwithstanding any other provision hereof, the city manager, or any other duly authorized city official or employee, shall have the right to enter the area of any well or tank battery site at any time. In the event any fence surrounding any well or production facility shall be kept locked, upon request of the city manager, the key shall be furnished to him for use in access to the premises.
(1999 Code, sec. 114.02)
Any violation of the laws of the state or any rules, regulations or requirements of the state, the federal government or federal regulatory body having jurisdiction in reference to drilling, completing, equipping, operating, producing, maintaining, or abandoning an oil or gas well, 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.
(1999 Code, sec. 114.03)