(a) 
Deed restrictions.
Nothing contained in this article shall be construed as authorizing the drilling of any well where the operator has no legal authority to do so. It is expressly provided that no well shall be drilled at any location where there are of public record legally enforceable deed restrictions or covenants prohibiting the drilling of such well.
(b) 
Contract with surface owner.
Neither this article, nor any permit issued under this article, shall be interpreted to grant any right or license to the permittee to enter upon, use or occupy in any respect, for the drilling or operation of any well, any surface land except by the written contract of the surface owner; nor shall it limit or prevent the free right of any owner to contract for the amount of damages, rights or privileges with respect to his own land and property.
(c) 
Distance from residences, commercial buildings and places of public assembly.
No well shall be drilled at any location which is nearer than 400 feet to any residence, commercial building, church, hospital, rest home, public or parochial school, preschool, nursery, or other place of public assembly unless the applicant furnishes to the city manager written waivers executed by all owners of such residences, commercial buildings, rest homes, preschools, nurseries, or other places of public assembly and governing body of such churches, hospitals and schools which are located within 400 feet from the proposed well location whereby the owners and/or governing body waive objections to the well location. An existing well which has been previously plugged and abandoned may be reentered at any location which is more than 200 feet from any residence, commercial building, church, hospital, rest home, public or parochial school, preschool, nursery or other place of public assembly that exists on the date the permit application is properly filed with the city. For the purposes of this section, the existence of a residence, commercial building, church, hospital, rest home, public or parochial school, preschool, nursery, or other place of public assembly, is established upon the city’s issuance of the building permit for said structure.
(d) 
Distance from cemeteries and parks.
No well shall be drilled at any location which is on or less than 175 feet from the exterior boundary line of lands utilized for cemeteries or public parks.
(e) 
Distance from streets, alleys and easements.
No well shall be drilled within, or at any location nearer than 50 feet to, any dedicated street, alley or utility easement.
(1999 Code, sec. 114.40; Ordinance 811 adopted 10/24/16)
The area embraced within the corporate limits, having been found by the city council to be urban in nature and therefore subject to regulations for the safety, health and welfare of the citizens of the city, is prescribed; and no permit for drilling of any well for oil or gas within such area shall be issued except upon compliance by the applicant with the conditions set forth below:
(1) 
Within the area defined in this section, no oil well, as classified by the state railroad commission, shall be drilled or completed except on a unit comprising not less than 40 contiguous acres, plus or minus 10%, nor nearer to any other well for which a permit has been previously issued than the minimum distance prescribed in this article. If the railroad commission shall set a larger unit for an oil well, that is, a unit comprising in excess of 40 acres, then and in that event and in such case only, the determination of the railroad commission shall prevail.
(2) 
Within the area defined in this section, no gas well, as classified by the railroad commission, shall be drilled or completed except on a unit comprising not less than 640 contiguous acres, plus or minus 10%, nor nearer to any other well for which a permit has been previously issued than the minimum distance prescribed in this article. If the railroad commission shall set a smaller unit for a gas well, that is, a unit comprising less than 640 contiguous acres, then and in that event and in such case only, the determination of the railroad commission shall prevail.
(1999 Code, sec. 114.41)
Voluntary unitization is encouraged in order to allow the efficient recovery of oil and gas by the owner or lessee of an interest in oil and gas beneath a tract of land in the city and to prevent the safety problems of multiple well drilling in town-lot areas. In order to facilitate the orderly development of oil and gas production in the city and to avoid confiscation of property, owners of oil and gas interests required to be unitized shall be given the opportunity to participate in the production of oil and gas from the drilling units in which their property is located subject to the rules provided in this article.
(1) 
Procedure.
The procedure outlined herein for the unitization of oil and gas interest is not intended to be an exclusive method for unitizing such interest. Voluntary unitization is authorized and encouraged as a substitute for the procedure outlined herein. A voluntary unitization agreement between the various owners will satisfy the unitization requirements contained in this article insofar as they relate to those owners signing said unitization agreement. If voluntary agreements cannot be reached with all of the owners of oil and gas interests within a proposed production unit, the procedure for unitizing all interests in such proposed production unit not voluntarily unitized or owned by the applicant shall be as follows:
(A) 
The applicant shall file an application to drill in accordance with the terms and provisions of this section and section 4.05.102, including the names and addresses of all owners of oil and gas interests within the proposed production unit covered by the application.
(B) 
(i) 
The owner of unleased minerals or the lessee of an oil and gas interest shall be entitled to the following options wherein the lessee will be responsible for discharging his obligations to his lessor:
a. 
Option No. 1. He may elect to accept a one-fifth royalty based on his proportionate ownership in the unit and participate in the drilling and production of the well as a working interest owner based on four-fifths of his proportionate share of ownership in the unit in which event he shall pay his share of all drilling and operating costs. If such owner or lessee elects to participate as an operating owner he shall either post a certificate of insurance, written by an approved bonding company as provided in section 4.05.068, or deposit cash with the applicant guaranteeing payment to the applicant of such working interest owner’s share in the following amounts: the estimated cost of drilling and completing the well, and the estimated monthly operating expenses. If the cost of drilling and completing the well exceeds the estimated cost, such owner shall forthwith on demand pay his proportionate share of the excess to the applicant, or, if the actual costs are less than the estimate, such owner’s proportionate share of the difference shall be refunded by the applicant on demand. Such working interest owner shall advance to the applicant at monthly or other mutually acceptable intervals such owner’s share of the estimated expenses of operating the production unit or, at the election of the applicant, such owner’s share of the operating expenses may be deducted by the applicant from revenues from production which otherwise would be payable to such owner as such expenses accrue.
b. 
Option No. 2. An unleased mineral owner or lessee may elect to accept a one-fifth royalty based on his proportionate share of ownership in the unit and accept a $100 per acre payment based on five-fifths of his mineral acres owned in the unit.
(ii) 
If the owner of unleased minerals or lessee, as the case may be, fails to elect between the options available to him within 30 days from the date of posting of the notice required in subsection (2), he shall be conclusively presumed to have elected to accept the provisions of Option No. 2. In the foregoing Options No. 1 and 2, the owners of unleased minerals or lessees, as the case may be, shall not be obligated to execute any leases, contracts or division orders except making a selection between the options if desired, in order to receive payments for bonus, royalties or working interest proceeds as set out in the options. Anytime a permittee, or his agent for distributing payments for the proceeds of production, fails to deliver payments in a timely manner, as may be prescribed by state law, but in no event over one year from the date of production, to mineral interests voluntarily included in a production unit through the requirements of this article, he shall notify the city manager of said failure or inability to deliver such payments. The notification to the city manager shall be delivered within 30 days after the failure to make payment as prescribed herein and shall set out the name and address of the mineral interest owner and give an explanation why the payment was not delivered as required. No minerals involuntarily included in a production unit through the requirements of this article shall be held by a permittee for a period longer than 90 days after the cessation of production in paying quantities unless drilling or work-over operations on the unit are taking place at the end of the 90 days and continued without cessation until restoring production in paying quantities to the unit. A permittee shall acquire no rights or privileges for the use of or to represent the surface of any mineral acreage involuntarily included in a production unit through the requirements of this section and section 4.05.102.
(2) 
Notice to owners.
Notice to the owners (whose addresses are known or are ascertainable by use of ordinary diligence) of the oil and gas interests within the affected production unit which are not under lease to the applicant and which are not covered by voluntary unitization agreements shall be given as follows:
(A) 
The applicant shall deliver or send by certified mail to all such owners, at their last known address, a written notice which shall include the following:
(i) 
A legal description of the proposed production unit.
(ii) 
Type of interest held by the owner being notified (royalty under existing lease, mineral fee, lessee, overriding royalty, and the like).
(iii) 
A statement of the options available to the owner being notified.
(iv) 
Notification that, if the owner fails to notify the applicant in writing within 30 days from the date of posting of the notice to each owner of the selection of one of the available options, the owner will be conclusively presumed to have elected to accept Option No. 2.
(B) 
In addition to the individual notification provided for above, the applicant will cause to be published in one issue of a daily newspaper published in the city a notice in substantial compliance with the following form:
Notice is hereby given that (name of applicant) of (address of applicant), pursuant to the provisions of the Oil and Gas Drilling Ordinance of the City of Giddings will, on or about the _____ day of __________, 19 _____, file with the City Manager an application for a permit to drill and/or operate a well, a general description of which is as follows: __________. A map showing the lands comprising said proposed production unit and the exterior boundaries thereof is on file in the office of the city manager and is at said office subject to examination of all persons during regular office hours. All interests within said proposed production unit will be unitized pursuant to sections 4.05.102 and 4.05.103. Owners of operating rights in land to be unitized have the option of (1) participating in the drilling and production of the well as working interest owners; or (2) accepting a $100 per acre payment in lieu of the right to be a working interest owner. Owners who do not notify the applicant in writing of their election of one of the options available within 30 days of the date of this publication will be conclusively presumed to have elected to accept a payment in lieu of their right to participate as provided in section 4.05.103(1).
(3) 
Allocation of production.
Production from such unitized production units shall be allocated to tracts which are unitized under the provisions of this section and section 4.05.102 in the proportions that the surface acreage of each such individual tract has to the total surface acreage in the production unit. Owners of interests under such tracts shall share in the production allocated to the individual tracts on the basis of their interest therein. Production from the production unit in which the owner participates shall be treated as production from all of the tracts within the production unit.
(4) 
Contracts between permittee and owners.
The permittee and owners of other mineral interests in any production unit shall be able to alter the obligations as set out in this section by an agreement made by them in writing, provided such agreement is not in conflict with other provisions of this article.
(1999 Code, sec. 114.42)
(a) 
Permit required.
It shall be unlawful for any person to conduct any exploration activities within the city for oil, gas, and/or other materials by the use of explosives, “thumper,” “vibroseis” and/or vibrating machines or any other techniques without first obtaining a permit.
(b) 
Permit application; fee procedure.
(1) 
Any person or company that intends to seek a permit under this section should first consult with the city manager and be placed on the agenda for the next available city council meeting. At such meeting the person or company seeking a permit should present to city council the location(s) and methods in which the geophysical exploration is intended to take place. At this meeting city council shall vote on whether or not such testing will be allowed on city-owned streets, easements, right-of ways or other city-owned property. After obtaining the city council’s decision regarding exploration on city-owned property, if a permit is still desired, the next steps should be followed.
(2) 
Applicant shall obtain written permission from property owners before entering upon or crossing their property.
(3) 
Applicant shall notify each owner, resident and/or business located within two hundred fifty (250) feet of its planned energy source operations. Applicant will offer to provide and will provide if requested, to such owner, resident and/or business, in writing, the name of applicant’s insurance carrier, the types and amount of insurance covering its proposed operations, the name and telephone number of an individual to contact in case of a claim for personal injury or property damage, and the procedure for obtaining a copy of applicant’s certificate of insurance.
(4) 
Applicant shall place newspaper advertisements in both the newspaper of the city of not less than three (3) inches by four (4) inches explaining the work to be performed, the location of the proposed work, and a toll-free telephone number where residents may call for more information. The toll-free telephone number provided by applicant shall be answered at all times work is ongoing in the city and an answering machine shall be installed to receive off-hour calls.
(5) 
Applicant shall engineer all source locations (explosive charge size and depth, and vibrator source sweep frequency and drive levels or other geophysical sources) so that no structure, water well, underground electric lines, or underground hazardous waste storage/disposal site shall be subject to any peak particle velocity greater than eight-tenths (0.8) inch per second. The applicant shall conduct all the necessary engineering tests locally and provide all reports to the city in an appropriate format for evaluation.
(6) 
Using industry standard equipment and techniques, a third-party seismology technician shall monitor and record, during operations, all pertinent locations to ensure that no structure, water well, susceptible underground utilities or underground hazardous waste storage/disposal site is subject to a peak particle velocity greater than eight-tenths (0.8) inches per second. If peak particle velocity is greater than eight-tenths (0.8) inches per second, a third-party seismology technician shall notify the director of public works and cease all operations until corrections are made. Applicant shall maintain all documentation of monitoring activities for a period of at least two (2) years and make said documentation available upon request for inspection by the city.
(7) 
Applicant shall obtain water well, underground hazardous waste storage/disposal sites, and water sewer, oil, gas and chemical pipeline location maps and conduct all engineering calculations necessary to confirm that all operations meet standards established by the governing engineering codes and criteria. Information obtained by applicant shall be used by the surveying teams and operations manager to ensure compliance with the terms and conditions of this permit and that safe operating distances are maintained. If requested by applicant, the city shall make available for inspection and copying, maps, if any, prepared by or on behalf of the city that indicate subsurface structures or facilities; provided, however applicant’s reliance on any information furnished by the city, its agents, representatives, and employees, whether written or verbal, shall be at the sole risk of applicant and the following disclaimer shall be placed on and shall apply to any and all such information:
Applicant acknowledges that the city has not made any independent investigation or verification of information regarding subsurface structures and facilities furnished to applicant and makes no representation or warranties as to the accuracy or completeness of such information. Applicant expressly acknowledges that the city makes no warranty or representation, expressed or implied, or arising by operation of law, including, but not limited to, any warranty of fitness for a particular use or purpose of such subsurface information.
(8) 
All city-owned structures, including but not limited to susceptible underground utilities (water mains, sewer mains, etc.) shall have pre- and post-damage inspections. This includes a camera survey of all sanitary and stormwater sewer lines. This inspection shall be at the sole expense of applicant and all repairs shall be at the sole expense of permittee.
(c) 
Hours of operation.
Seismic testing or geophysical exploration may only be conducted from 8:00 a.m. until 5:00 p.m. (or until sunset, whichever first occurs), local time, on Monday through Friday, and from 10:00 a.m. until 8:00 p.m. (or until sunset, whichever first occurs) local time, on Saturday, and 1:00 p.m. until 7:00 p.m. (or until sunset, whichever first occurs) local time, on Sundays.
(d) 
Lands, streets, rights-of-way, and easements.
(1) 
Applicant shall restore any lands or rights-of-way used in its operations to original condition, free of damage, including ruts or any injury to vegetation. Any costs incurred by the city for restoration will be reimbursed to the city at full costs by applicant. Such costs shall be reimbursed to the city within thirty (30) days of applicant’s receipt of invoice. Any amounts owed to the city under this section that is not timely paid shall bear the interest rate of 10% per annum beginning on the 31st day after applicant’s receipt of invoice. Any amounts owed to the city under this section that are not timely paid shall be deducted from the bond. The bond shall not be released until such time as all amounts owed or allegedly owed to the city are satisfied in full.
(2) 
Applicant shall ensure that its operations will not interfere with the free and safe flow of traffic. When operations are immediately adjacent to the pavement, all equipment shall be parked and/or operated in one lane of traffic. No equipment shall be left on any street, alley or easement overnight.
(3) 
Applicant shall notify the director of public works of any equipment to be operated on city streets that will exceed the maximum load limit of fifty-two thousand (52,000) pounds and obtain any special permitting required.
(4) 
Cables placed on the pavement within rights-of-way must be arranged so they do not create a hazardous condition or rumble strip effect. All cables must be securely anchored to the roadway with materials that will not damage and/or puncture the pavement. Nails, spikes, and similar materials used for anchors shall not be placed inside the pavement edge.
(5) 
Operations under the permit shall be barred when the director of public works determines that the ground conditions are such that operations would cause extensive rutting in the rights-of-way or easements. In addition, operations will be barred when ground conditions would cause the tracking of mud, gravel, rock, or debris onto the roadway surface of any right-of-way or other city improvements. In the event that mud, gravel, rock, or debris is inadvertently tracked onto roadways in a way that creates a safety hazard or potential for damage to vehicles, the operator shall immediately cease operations and clean the roadway of all mud, gravel, rock or debris. The time for completion of operations, as specified above, shall be extended by one (1) day for each full day operations are barred under the provisions of this subsection.
(6) 
Each vibroseis crew shall be accompanied by a certified police officer provided and paid for by applicant while testing on city streets and rights-of-way or otherwise impeding the flow of traffic (e.g., blocked lanes).
(7) 
Applicant shall furnish adequate signs, barricades, flares, flagmen, etc., as necessary, to protect the traveling public.
(e) 
Testing.
(1) 
Applicant shall furnish to the city’s director of public works, or designee, a schedule of each week’s test plans.
(2) 
Initial notification of pending work and the availability of pre- and post-test inspections of all adjacent structures shall be provided to all property owners and/or residents a minimum of ten (10) working days prior to working in their respective areas. Applicant shall notify each owner, resident and/or business located within two hundred fifty (250) feet of its planned operations twenty-four (24) to forty-eight (48) hours prior to performing the actual work. Prior to performing the actual work, applicant shall offer, in writing to each owner, resident and/or business within one hundred twenty-five (125) feet of any vibroseis operation, and shall provide, if requested, pre- and post-damage inspections for all structures, including appropriate testing and lab test for water wells. Applicant shall maintain records of such inspections for a period of two (2) years and shall make such records available, in whole or in part, upon request by the city.
(3) 
All vibroseis operations shall be conducted a minimum distance of twenty-five feet (25) from any structure.
(4) 
Applicant shall maintain, for a period of two (2) years, and make available upon request to the city, the daily log of vibroseis tests showing date, location, drive level, operator, and all other related information which includes seismic and pre- and post-test survey.
(5) 
Prior to performing the actual work, applicant shall offer, in writing to the owners or agents of all structures, water wells, and underground hazardous waste storage/disposal sites within five hundred (500) feet of charge source locations, and shall provide, if requested, pre- and post-inspections for all structures, including appropriate testing and lab test for water wells. Applicant shall maintain records of such inspections for a period of two (2) years and shall make such records available for inspection upon request by the city.
(f) 
Bond, insurance, and indemnity.
(1) 
The applicant shall submit to the city a performance bond in the amount of five hundred thousand dollars ($500,000.00) from a surety authorized to do business in the state. The performance bond shall be valid for a period of one (1) year from the date that permit is issued. The bond shall provide, but not be limited to, the following condition: There shall be recoverable by the city, jointly and severally from the principal and surety any and all damages, loss or costs suffered by the city in connection with applicant’s geophysical operations within the city. The bond shall contain the following endorsement: “It is hereby understood and agreed that this bond may not be canceled by the surety company until sixty (60) days after receipt by the city, by registered mail or written notice, of such intent to cancel or not to renew.” The rights reserved to the city with respect to the bond are in addition to all other rights of the city and no action, proceeding or exercise of a right with respect to such bond shall affect any other rights of the city.
(2) 
Prior to conducting any operations hereunder, applicant and/or its contractors shall furnish a certificate of insurance to the city showing the city as an “additional insured” with respect to operations conducted within the city and showing liability insurance coverage covering commercial, personal injury, general, and pollution liability in amounts not less than one million dollars ($1,000,000.00) per person, three million dollars ($3,000,000.00) per occurrence, and one million dollars ($1,000,000.00) property damage.
(3) 
Applicant hereby agrees to protect, indemnify, defend and hold the city, its officers, employees, agents, and representatives harmless from and against all claims, demands, and causes of action of every kind and character for injury to, or death of, any person or persons, damages, liabilities, losses, and/or expenses, occurring or in any way incident to, arising out of, or in connection with its or its contractors’, agents’, or representatives’ operations under this permit, including attorneys’ fees, and any other costs and expenses incurred by the city in defending against any such claims, demands, and causes of action.
(4) 
Within thirty (30) days of receipt of same, applicant shall notify the city, in writing, of each claim for injuries to, or death or, persons or damages or losses to property occurring or in any way incident to, arising out of, or in connection with its or its contractors’, agents’, or representatives’ operations conducted under this permit. At the city’s discretion, the city may conduct an independent investigation, monitor, and review the processing of any such claim to ensure that such claim is handled as required herein.
(5) 
Any permit granted hereunder may be revoked upon breach of any term or condition contained herein. Additionally, any violation of any of the terms of this article, whether denominated as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be subject to punishment as provided in section 1.01.009 of this code, in an amount not to exceed $2,000.00 per day, and any person, agent or employee engaged in any such violation shall, upon conviction, be so punished therefor.
(6) 
Notwithstanding anything contained herein to the contrary any permit granted hereunder shall not be effective unless and until a copy of the permit, signed by an authorized officer of applicant, the performance bond, and the certificates of insurance have been filed with the city secretary.
(Ordinance 695 adopted 5/12/14)
(a) 
Derricks.
All derricks and portable masts used for drilling, redrilling, deepening or reworking shall meet the standards and specifications of the American Petroleum Institute as they presently exist or may be amended hereafter. All drilling, redrilling, deepening or reworking equipment shall be removed from the oil operation site within 30 days following the completion of drilling, redrilling, deepening or reworking unless otherwise permitted by the commission.
(b) 
Lights.
No person shall permit or allow any lights located on any oil operation site to be directed in such a manner so that they shine directly on adjacent property or property in the general vicinity of the oil operation site.
(c) 
Signs.
A sign shall be prominently displayed and maintained in good condition near or on the pumping unit or fence of each well, whether producing or not. Such sign shall be of durable material and, unless otherwise required by the commission, shall have a surface area of not less than two square feet nor more than four square feet and shall be lettered with the following:
(1) 
Well name and number;
(2) 
Name of operator;
(3) 
Telephone numbers of two persons responsible for the well who may be contacted in case of emergency.
(d) 
“No smoking” signs.
“No smoking” signs of a durable material shall be posted and maintained in all locations. Sign lettering shall be four inches in height and shall be red on a white background or white on a red background.
(e) 
Waste material.
Rotary mud, drill cutting, oil or liquid hydrocarbons and all other oilfield wastes derived or resulting from or connected with the drilling, redrilling, deepening or reworking of any well shall be discharged into a portable steel tank. Unless otherwise directed by the commission, waste materials shall be removed from the operation site within 30 days from and after completion of drilling.
(f) 
Unlined slush, sump or sump pits or skim ponds prohibited.
No person shall own, operate, have possession of, be in control of, or maintain any well site, former well site or property on which an unlined slush, sump or sump pit or skim pond is located. The provisions of this section shall not apply to portable sump tanks.
(g) 
Private roads and drill sites.
Prior to the commencement of any drilling operations, all private roads used for access to the drill site and the drill site itself shall be surfaced with crushed rock, gravel, or ore, or oiled and maintained to prevent dust and mud. In particular cases these requirements governing surfacing of private roads may be altered at the discretion of the city manager after consideration of all circumstances, including, but not limited to, the following:
(1) 
Distances from public streets and highways;
(2) 
Distances from adjoining and nearby property owners whose surface rights are not leased by the operator;
(3) 
The purpose for which the property of such owners is or may be used;
(4) 
Topographical features;
(5) 
Nature of the soil; and
(6) 
Exposure to wind.
(h) 
Blowout prevention.
In all cases, protection shall be provided to prevent blowout during oil operations as required by and in conformance with the requirements of the commission.
(i) 
Muffling exhaust.
It shall be unlawful for any person, owner or operator to discharge into the open air the exhaust from any internal combustion engine, stationary or mounted on wheels, used in connection with the drilling of any well or for use on any production equipment, unless it is equipped with an exhaust muffler or mufflers or an exhaust muffler box constructed of noncombustible materials sufficient to suppress noise and prevent the escape of obnoxious gases, fumes or ignited carbon or soot.
(j) 
Excessive noise, odor or vibration.
Subsection (i) notwithstanding, no person shall conduct any oil operation in a manner that would create a noise, odor or vibration detrimental to the health, safety or welfare of the surrounding neighborhood or any considerable number of persons. Such operation is declared to constitute a public nuisance.
(k) 
Electrical equipment.
All electrical equipment used, installed or maintained within 50 feet of a drilling rig, or within 25 feet of any other oil operation, shall be installed and maintained in accordance with all applicable state and municipal regulations.
(l) 
Oil storage tanks.
Unless otherwise directed by the commission, all tanks used for the storage or production of oil or the disposal of wastewater shall conform to the following:
(A) 
API specifications.
All tanks shall conform to American Petroleum Institute (API) specifications.
(B) 
Dikes and capacity requirements.
All persons owning, operating or having control of storage tanks, clarifying tanks or tanks used in connection with the production of oil shall construct and maintain dikes around said tanks. Drainage dikes and walls shall be constructed and maintained to meet the standards of the commission as they presently exist or may hereafter be amended.
(m) 
Tank setbacks.
All new tanks, including replacement tanks, and permanent structures shall be set back pursuant to the standards of the commission and the National Fire Protection Association, as they presently exist or may hereafter be amended, but in all cases shall be at least a minimum of 25 feet from any public right-of-way or property line.
(n) 
Storage of equipment.
(1) 
No drilling, redrilling, reworking, or other portable equipment shall be stored on the oil operation site which is not essential to the everyday operation of the oil well located thereon. This includes the removal of idle equipment unnecessary for the operation of such wells.
(2) 
Lumber, pipes, tubing and casing shall not be left on the oil operation site except when drilling or well servicing operations are being conducted on the site.
(3) 
It shall be illegal for any person, owner or operator to park or store any vehicle or item of machinery on any street or right-of-way or in any driveway or alley or upon any oil operation site which constitutes a fire hazard or an obstruction to or interference with fighting or controlling fires, except that equipment which is necessary for the maintenance of the oil well site or for gathering or transportation of hydrocarbon substances from the site.
(o) 
Removal of servicing equipment.
All well servicing equipment, including portable pulling masts and gin poles, shall be removed from the leasehold, oil operation site or drill site within seven days after completion of a well servicing operation.
(p) 
Motive power.
Electric motors shall be used to drive all pumping units, except as expressly authorized by the city manager.
(q) 
Surface casing.
Surface casing shall be run and set in full compliance with the applicable rules and regulations of the commission and the state commission on environmental quality.
(1999 Code, sec. 114.44)
All wells and production facilities shall be adequately protected by a fence; however, any wellhead, tank battery, pumping unit or equipment appurtenant thereto located on any lease, tract or farm which is adequately fenced in its entirety will require no additional fencing. Safety precautions normally taken by reasonably prudent operators shall be observed. Fences to prevent easy entry shall be approved by the city manager.
(1999 Code, sec. 114.45)
(a) 
All oil wells and tanks located in developed areas, as defined in this article, shall be screened by a fence enclosure of one of the following materials:
(1) 
A solid masonry wall;
(2) 
A chainlink fabric with 3-1/2-inch mesh interwoven with opaque slats;
(3) 
Any other material, compatible with surrounding uses, which effectively screens the oil operation site, and is approved by the city manager.
(b) 
All fencing, masonry walls, opaque slatting, or other comparable materials for use with chainlink fabric shall be of a solid neutral color, compatible with surrounding uses, and maintained in a neat, orderly, secure condition. Neutral colors shall include sand, grey and unobtrusive shades of green, blue and brown, or other colors approved by the city manager.
(1999 Code, sec. 114.46)
Within 60 days of completion of drilling, redrilling, reworking or converting, or within 60 days of activation of an idle well if such well is located in a developed area as defined in this article, such well shall be screened by a fence enclosure which conforms to the requirements of this article and the regulations of the commission.
(1999 Code, sec. 114.47)
(a) 
Cleanup after well servicing.
After completion of well servicing or abandonment operations, the responsible party shall clean the drill site area and repair all damage to public property caused by such servicing or abandonment operations.
(b) 
Cleanup after spills, leaks and malfunctions.
After any spill, leak, or malfunction, the responsible party shall remove or cause to be removed to the satisfaction of the fire chief all oil and waste materials from any public or private property affected by such spill, leak or malfunction.
(c) 
Discharge of oil, wastewater, etc.
No person shall deposit, place, discharge or cause or permit to be placed, deposited or discharged any oil, naphtha, petroleum, asphaltum, tar, hydrocarbon substances or any refuse, including wastewater and brine, from any oil operation or the contents of any container used in connection with an oil operation in, into, or upon a public right-of-way, a storm drain, ditch, or sewer, a sanitary drain or sewer, any body of water, or any private property in the city.
(d) 
Site to be kept free of waste material.
All property on which an oil well site is located shall at all times be kept free of debris, pools of oil, water or other liquids, weeds, brush, trash or other waste material.
(e) 
Painting.
All production equipment on the oil operation site shall be painted and maintained at all times, including pumping units, storage tanks, and buildings or structures. When requiring painting of such facilities, the city manager shall consider the deterioration of the quality of the material of which such facility or structure is constructed, the degree of rust, and its appearance. Paint shall be of a neutral color, compatible with surrounding uses. Neutral colors shall include sand, grey and unobtrusive shades of green, blue and brown or other colors approved the city manager.
(f) 
Gas emission or burning.
No person shall allow, cause or permit gases to be vented into the atmosphere or to be burned by open flame except as provided by law or as permitted by the commission. If the venting of gases into the atmosphere or the burning of gases by open flame is authorized as provided by law or as permitted by the commission, then such vent or open flame shall be located not closer than 100 feet to any building not necessary to oil operations and such vent or open flame shall be screened in such a way as to minimize detrimental effects to adjacent property owners.
(1999 Code, sec. 114.48)
(a) 
Whenever abandonment occurs pursuant to the requirements of the commission, the person so abandoning shall be responsible for the restoration of the drill site and oil operation site to its original condition as nearly as practicable, in conformity with the regulations of this article. It shall be the obligation of the operator to plug such well in accordance with the laws of the state, the rules of the railroad commission, the procedures outlined in this article, and/or any other agency having jurisdiction in connection with the abandonment or plugging of such well. The operator shall submit to the city manager’s office 24 hours in advance of the plugging operation a notice of intent to plug and abandon which will include the abandonment program and request for release of permit. Whenever a drilling or reworking operation has just been completed on a well and the operator desires to plug and abandon such well, the 24-hour notice shall be reduced to no less then a two-hour notice.
(b) 
The responsible party shall furnish the city manager with:
(1) 
A copy of the approval of the commission, confirming compliance with all abandonment proceedings under the state law; and
(2) 
A notice of intention to abandon under the provisions of this section and stating the date such work will be commenced. Abandonment may then be commenced on or subsequent to the date so stated.
(c) 
Abandonment shall be approved by the city manager after restoration of the drill site and the subsurface thereof has been accomplished in conformity with the following requirements:
(1) 
The derrick and all appurtenant equipment thereto shall be removed from the drill site;
(2) 
All tanks, towers, and other surface installations shall be removed from the drill site;
(3) 
All concrete, piping, wood and other foreign materials, regardless of depth, except surface casing, shall be removed from the drill site, unless otherwise directed by the commission;
(4) 
All holes and depressions shall be filled with clean, compatible soil. All oil, waste oil, refuse or waste material shall be removed from the drill site.
(d) 
All abandoned or deserted wells or drill sites shall meet the most current abandonment requirements of the commission prior to the issuance of any building or grading permit for development of the property. To the minimum extent practicable, new structures shall not be constructed directly over abandoned wells.
(1999 Code, sec. 114.49)
(a) 
Notice and hearing.
Whenever the city manager determines that a public nuisance, as described in this article, exists on any property or in connection with any well, drill site or lease, he shall give notice to the property owner, the lessee of surface or mineral rights, the oil operator and the occupants of any such property to abate such nuisance. The notice shall also state that, in the event the nuisance is not abated as directed, the objectionable material or condition may be removed and the nuisance abated by the city, and the cost of removal assessed upon the lands and buildings from which the nuisance is removed, and such cost shall constitute a lien upon such land until paid. The notice shall also specify a date and time within 30 days of the date of the notice when the city council will hold a public hearing to afford those so notified an opportunity to be heard concerning the determination of the city manager and the notice to remove or eliminate the nuisance conditions. The city council may direct the department of public works to proceed with the work necessary to remove the objectionable conditions or materials and to take such other action as is necessary to abate the nuisance.
(b) 
Work, cost report and hearing on assessment.
The work shall proceed under the direction of the city manager and may be done by city forces or private contractor. The individual in charge of the work shall keep a record and account of the costs of abatement. Upon completion of the work, a report shall be filed with the city secretary, who shall set a hearing before the city council. The parties to be assessed shall be mailed by first class, prepaid mail a notice of a public hearing on the assessment.
(c) 
Filing of notice of lien.
If the cost of assessment is approved by the city council after the hearing thereon, a notice of lien shall be filed in the office of the county clerk for each parcel of land involved, and when recorded shall be delivered by the city manager to the city tax assessor-collector, who is expressly authorized to enter the amount thereof in the assessment book opposite the description of the parcels, and thereafter such amount shall be collected at the time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and the same procedures under foreclosure and sale in case of delinquency as provided for ordinary city taxes. Notice to pay the assessment shall be sent to the parties liable to be assessed.
(d) 
Additional remedies.
As to any lots or property declared to be a nuisance hereunder, the city attorney may proceed to abate the same by filing a civil action to abate a nuisance against the owner, or oil operators, or lessees or occupants thereon.
(1999 Code, sec. 114.50)