(A) 
It is the purpose of this chapter to establish reasonable and uniform limitations, safeguards, and regulations for present and future operations related to the exploring, drilling, developing, producing, transporting, and storing of oil, gas, and other substances produced in association therewith within the jurisdictional limits of the city to protect the health, safety, and general welfare of its citizens, minimize the potential impact to property and mineral rights of owners, protect the quality of the environment, and encourage the orderly production of available mineral resources.
(B) 
No person, firm, corporation, or other business entity shall conduct oil and gas drilling or associated activity except within strict compliance with this chapter.
(C) 
All contractors and subcontractors must adhere to, at all times, the specifications of the state’s Railroad Commission, the state’s Water Commission, and any other state or federal regulatory body or agencies having jurisdiction over the operations of oil and gas drilling.
(Ordinance 2015-2 adopted 5/14/15)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BLOWOUT PREVENTER.
A mechanical, hydraulic, pneumatic, or other device or combination of such devices secured to the top of a well casing, including valves, fittings, and control mechanisms connected therewith, which can be closed around the drill pipe or other tubular goods which completely close the top of the casing and are designed to prevent blowouts.
BOND.
A surety bond required to be posted by a permittee.
BUILDING.
Any structure used or intended for supporting or sheltering any use or occupancy. The term BUILDING shall be construed as if followed by the words “or portions thereof”.
CITY.
The City of Ivanhoe, Texas.
CITY ATTORNEY.
The City Attorney of the City of Ivanhoe, Texas.
CITY CODE or CODE.
The code of ordinances of the City of Ivanhoe, Texas.
CITY SECRETARY.
The City Secretary of the City of Ivanhoe, Texas.
COMMISSION or RAILROAD COMMISSION.
The Texas Railroad Commission or any successor state regulatory agency.
COMPLETION OF DRILLING, RE-DRILLING, AND RE-WORKING.
The date the work is completed for the drilling, re-drilling, or re-working and the crew is released by completing its work or contract or by its employer.
DAYS.
Calendar days, unless otherwise noted.
DAYTIME.
The time frame between 7:00 a.m. to 7:00 p.m.
DERRICK.
Any framework, tower, mast, and/or structure used for lifting and positioning the drilling string and piping above the well bore, and containing the machinery for turning the drilling bit around in the bore hole and which is required or used in connection with drilling or reworking a well for the production of oil and/or gas.
DRILL SITE or PAD SITE.
The premises used during the drilling or re-working of a well or wells located there and subsequent life of a well or wells or any associated operation.
DRILLING.
Digging or boring a new well for the purpose of exploring for, developing, or producing oil and/or gas or other hydrocarbons, or for the purpose of injecting gas, water, or any other fluid or substance into the earth to develop, produce, or improve the production of oil and/or natural gas or other hydrocarbons.
DRILLING EQUIPMENT.
The derrick, together with all parts of any apparatus to such structure, and every piece of apparatus, machinery, or equipment used or erected or maintained for use in connection with drilling.
FLOODPLAIN.
Any land area susceptible to a general and temporary condition of partial or complete base flood inundation of normally dry land areas from overflow of inland waters or from the unusual and rapid accumulation or runoff of surface waters from any source.
GAS.
Any fluid, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions and/or the gaseous components or vapors occurring in, or derived from, petroleum or natural gas.
GAS WELL.
Any well drilled, to be drilled, or used for the intended or actual production of natural gas.
LAKES.
Those located within the city which are owned by the association.
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 or her, but which, due to the fee royalty ownership, is developed and operated as a separate tract.
OIL WELL.
Any well drilled, to be drilled, or used for the intended or actual production of oil.
OPERATION SITE.
The area used for development and production and all operational activities associated with oil and gas after drilling activities are complete, including any private access roadway utilized for such activities.
OPERATOR.
For each well, the person listed on the state’s Railroad Commission form W-1 or form P-4 or their successors for a gas well that is, or will be, actually in charge and in control of drilling, maintaining, operating, pumping, or controlling any well including, without limitation, a unit operator. If the operator, as herein defined, is not the lessee of any premises affected by the provisions of this chapter, then such lessee shall also be deemed to be an OPERATOR. In the event that there is no lease relating to any premises affected by this chapter, the owner of the fee mineral estate in the premises shall be deemed an OPERATOR.
PERMIT.
The permit issued to the operator of an oil and gas drilling or related activity covered by this chapter.
PERMITTEE.
The person to whom is issued a permit for the drilling and operation of a well under this chapter, and his, her, or its administrators, executors, heirs, successors, and assigns.
PERSON.
Includes both the singular and the plural, and shall mean and include any person, individual, firm, partnership, association, corporation, club, society, cooperative, trust, municipal corporation, or political subdivision whatsoever.
PRIVATE PARKS/PLAYGROUNDS.
Any land area dedicated to and/or maintained by the association for traditional park-like recreational purposes.
PUBLIC BUILDING.
All buildings used or designed, or intended to be used, for the purpose of assembly of persons for such purposes as deliberation, entertainment, amusement, or health care.
STORAGE TANK.
Any vessel, having a liquid capacity that exceeds 230 L (60 gal.) containing a flammable or combustible product that is intended for fixed installation.
STREET.
Any street, highway, sidewalk, alley, avenue, recessed parking area, or other public right-of-way, including the entire right-of-way.
TANK.
A container, covered or uncovered, used in conjunction with the drilling or production of oil and gas or other hydrocarbons for holding or storing fluids.
TANK BATTERY.
The point of collection (tanks) and disbursement (tank, meter, lease automated custody transfer (LACT) unit) of oil and gas from producing well(s).
TECHNICAL ADVISOR.
Such person(s) familiar with, and educated in, the oil and gas industry or the law as it relates to oil and gas matters that may be retained from time to time by the city.
WELL.
Any hole or holes, bore or bores, to any sand, formation, strata, or depth for the purpose of producing and recovering any oil, gas, liquid or gaseous hydrocarbon, or any of them. This definition shall include not only new wells, but deepening any presently existing well to another zone and/or the reopening of any well previously plugged in accordance with state regulations.
(Ordinance 2015-2 adopted 5/14/15)
(A) 
No well shall be drilled and no permit shall be issued for any well to be drilled at any location which is nearer than 1,000 feet from any residence or commercial building without the applicant having first secured the written permission of the owner or owners thereof.
(B) 
No well shall be drilled and no permit shall be issued for any well to be drilled at any location which is within any of the streets or alleys of the city, and no street or alley shall be blocked, encumbered, or closed in any drilling or production operation except by special permit by order of the City Council, and then only temporarily.
(C) 
No well shall be drilled and no permit shall be issued for any well to be drilled within 1,000 feet of any fresh water well.
(D) 
No well shall be drilled within 1,000 feet of the property line of a cemetery, lake, park, public or private water supply well, or residential unit without a notarized waiver by the residential unit property owner and the party entitled to occupy the premises.
Penalty, see sec. 111.99
(Ordinance 2015-2 adopted 5/14/15)
The Technical Advisor, City Secretary, or his or her designee of the city is hereby designated Oil and Gas Inspector and shall enforce the provisions of this chapter.
(Ordinance 2015-2 adopted 5/14/15)
It shall be unlawful and an offense for any person to drill a well within the city limits to a true vertical depth in excess of 20,000 feet, and no drilling and operating permit shall be granted for any well to a true vertical depth in excess of 20,000 feet.
Penalty, see sec. 111.99
(Ordinance 2015-2 adopted 5/14/15)
The premises shall be kept in a clean and sanitary condition, free from rubbish of every character to the satisfaction of the Code Enforcement Officer, City Secretary, or his or her designee at all times drilling operations or reworking operations are being conducted, and as long thereafter as oil and/or gas is being produced therefrom.
(Ordinance 2015-2 adopted 5/14/15)
It shall be unlawful and an offense for any person to permit to escape any mud, chemicals, water, oil, slush, or other waste matter related to the drilling or operating of any oil or gas well onto any adjoining lots upon which the permittee does not have leases or other contractual rights to use the surface, or upon leases not owned by the permittee, or into the alleys, gutters, or sewers of the city.
Penalty, see sec. 111.99
(Ordinance 2015-2 adopted 5/14/15)
(A) 
Any violation of the laws 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, maintaining, or abandoning an oil or gas well or related appurtenances, equipment, or facilities, or in reference to fire walls, fire protection, blowout protection, safety protection, or convenience of persons or property, shall also be a violation of this chapter and shall be punishable in accordance with the provisions hereof.
(B) 
Any violation of any city ordinance or regulation pertaining to the operations contemplated herein shall also be a violation of this chapter and may be punishable in accordance with the provisions hereof.
Penalty, see sec. 111.99
(Ordinance 2015-2 adopted 5/14/15)