(a) 
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Abandonment.
Defined by the Texas Railroad Commission and includes the plugging of the well and the restoration of any well site as required by this article.
Ambient Noise Level.
The all encompassing noise level associated with a given environment, being a composite of sounds from all sources at the location, constituting the normal or existing level of environmental noise at a given location.
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 Teague, Texas.
City Administrator.
The city administrator of the City of Teague or any duly authorized representative of the city administrator.
Closed Loop Mud System.
A system utilized while drilling so that reserve pits are not used and instead steel bins are used to collect all drilling waste.
Commercial Building.
A building located in a commercial district.
Commercial District.
A commercial district as defined or will be defined in Chapter 14, Zoning, of this code.
Commission.
The Texas Railroad Commission.
Completion of Drilling, Redrilling and Reworking.
The date the work is completed for the drilling, redrilling or reworking and the crew is released by completing their work or contract or by their employer.
Decibel (dB).
A unit for measuring the intensity of a sound/noise and is equal to 10 times the logarithm to the base 10 of the ratio of the measured sound pressure squared to a reference pressure which is 20 micropascals.
Derrick.
Any portable framework, tower, mast and/or structure which is required or used in connection with drilling or reworking a well for the production of oil and gas.
Drill Site.
The premises used during the drilling or reworking of a well or wells located thereon and during the 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 petroleum, gas or other hydrocarbons, or for the purpose of injecting gas, water or any other fluid or substance into the earth.
Drilling Equipment.
The derrick, together with all parts of and appurtenances to such structure, every piece of apparatus, machinery or equipment used or erected or maintained for use in connection with drilling.
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 in 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.
Industrial Building.
A building located in an industrial district.
Industrial District.
An industrial district or manufacturing district as defined or will be defined in Chapter 14, Zoning, of this code.
Operation Site.
The area used for development, production and all operational activities associated with oil or gas after drilling activities are complete.
Operator.
For each well, the person listed on the Railroad Commission Form W-1 or Form P-4 for an oil or 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 under an oil or gas lease of any premises affected by the provisions of this article, then such lessee shall also be deemed to be an operator. In the event that there is no oil or gas lease relating to any premises affected by this article, the owner of the fee mineral estate in the premises shall be deemed an operator.
Person.
Any natural person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator and a fiduciary or representative of any kind.
Property Owner.
Real property surface record owner(s).
Protected Use.
A residence, commercial building, religious institution, public building, hospital building, school, public park or an approved preliminary or final platted residential subdivision.
Public Building.
All buildings used or designed and intended to be used for the purpose of assembly of persons for such purposes as deliberation, entertainment, amusement or health care. Public buildings include, but shall not be limited to, theaters, assembly halls, auditoriums, armories, mortuary chapels, dance halls, exhibition halls, museums, gymnasiums, bowing lanes, libraries, skating rinks, courtrooms, restaurants, and hospitals.
Public Park.
Any land area dedicated to and/or maintained by the city for traditional park-like recreational purposes, but shall not include publicly or privately owned golf courses, or privately-owned amusement parks.
Redrill.
Recompletion of an existing well by deepening or sidetrack operations extending more than one hundred fifty (150) feet from the existing well bore.
Religious Institution.
Any building in which persons regularly assemble for religious worship and activities intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.
Residence.
A house, duplex, apartment, townhouse, condominium, mobile home or other building designed for dwelling purposes, including those for which a building permit has been issued on the date the application for a permit for mineral exploration or the drilling of a well is filed with the city.
Residential District.
A residential district as defined or will be defined in Chapter 14, Zoning, of this code.
Reworking.
Recompletion or reentry of an existing well within the exiting bore hole or by deepening or sidetrack operations which do not extend more than one hundred fifty (150) feet from the existing well bore, or replacement of well liners or casings.
Right-of-Way.
All public rights-of-way or streets or other public property within the city.
School.
Any public or private primary and secondary education facility providing education up through and including the twelfth grade level and any licensed day care center, meaning a facility licensed by the state or the city that provides care, training, education, custody, treatment or supervision for more than six children under 14 years of age, and for less than 24 hours a day.
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 gas or other hydrocarbons for holding or storing fluids.
Well.
Any hole or holes, bore or bores, to any sand, horizon, formation, strata or depth for the purpose of producing any oil, gas, liquid hydrocarbon, brine water, sulphur water or for use as an injection well for secondary recovery, disposal or production of gas, or other hydrocarbons from the earth.
Well Bore.
The hole made when a well is drilled.
Workover Operations.
Work performed in a well after its completion in an effort to secure production where there has been none, or to restore production that has ceased, or to increase production.
(b) 
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.
(Ordinance 2008-11-01 adopted 11/10/08)
(a) 
A person wanting to engage in and operate in oil or gas production activities shall apply for and obtain a permit under this article and shall indicate what type of permit is requested. It shall be unlawful for any person acting either for himself or acting as agent, employee, independent contractor, or servant for any person to drill any well, assist in any way in the site preparation, reworking, fracturing or operation of any such well or to conduct any activity related to the production of oil or gas without first obtaining a permit issued by the city in accordance with this article. Such activities include, but are not limited to reworking, initial site preparation, drilling, operation, construction of rigs or tank batteries, fracturing and pressurizing of wells. A permit shall not be required for seismic surveys unless such survey activities will be conducted on city property.
(b) 
The operator must apply for and obtain a permit for the drilling, redrilling, deepening, re-entering, activating or converting of each well.
(c) 
A permit shall not constitute authority for the re-entering and drilling of an abandoned well. An operator shall obtain a new permit in accordance with the provisions of this article if the operator is re-entering and drilling an abandoned well.
(d) 
When a permit has been issued to the operator for the drilling, redrilling, deepening, re-entering, activating or converting of a well, such permit shall constitute sufficient authority for drilling, operation, production gathering or production maintenance, repair, reworking, testing, plugging and abandonment of the well and/or any other activity associated with mineral exploration at the site of such well, provided, however, that a new or supplemental permit shall be obtained before such well may be reworked for purposes of redrilling, deepening or converting such well to a depth or use other than that set forth in the then current permit for such well.
(e) 
Any person who intends to rework a permitted well using a drilling rig, to fracture stimulate a permitted well after initial completion or to conduct seismic surveys or other exploration activities shall give written notice to the city administrator no less than ten (10) days before the activities begin. The notice must identify where the activities will be conducted and must describe the activities in detail, including whether explosive charges will be used, the duration of the activities and the time the activities will be conducted. The notice must also provide the address and 24-hour phone number of the person conducting the activities. If requested by the city administrator, the person conducting the activities will post a sign on the property giving the public notice of the activities, including the name, address and 24-hour phone number of the person conducting the activities.
(f) 
A permit shall automatically terminate, unless extended, if drilling is not commenced within one hundred eighty (180) days from the date of the issuance of the permit. A permit may be extended by the city administrator for an additional one hundred eighty (180) days upon request by the operator and proof that the classification of the requested permit for such location has not changed.
(g) 
The permits required by this article are in addition to and are not in lieu of any permit which may be required by any other provision of this code or by any other governmental agency.
(h) 
No additional permit or filing fees shall be required for:
(1) 
Any wells, existing, previously permitted or approved by the city, within the corporate limits of the city on the effective date of this section; or
(2) 
Any wells on which drilling has commenced on the effective date of this section;
(3) 
Any wells in existence or on any wells on which drilling has commenced on land annexed into the city after the effective date of this section; or
(4) 
Any well that was planned for the land before the 90th day before the effective date of its annexation and one or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity were required by law for such well land the completed application for the initial authorization was filed before the date the annexation proceedings were instituted.
A person shall have forty-five (45) days after the effective date of this section or annexation into the city to designate a gas operation as a preexisting operation by filing a site plan drawn to scale that shows the proposed location of the well with respect to survey lines and the proposed associated production facilities, if any, with the city administrator.
(i) 
No permit shall be issued for any well to be drilled within any floodway.
(j) 
By acceptance of any permit issued pursuant to this article, the operator expressly stipulates and agrees to be bound by and comply with the provisions of this article. The terms of this article shall be deemed to be incorporated in any permit issued pursuant to this article with the same force and effect as if this article was set forth verbatim in such permit.
(Ordinance 2008-11-01 adopted 11/10/08)
(a) 
Every application for a permit issued pursuant to this article shall be in writing signed by the operator, or some person duly authorized to sign on his behalf, and filed with the city secretary.
(b) 
Every application shall be accompanied by a permit fee of one thousand dollars ($1,000.00).
(c) 
The application shall include the following information:
(1) 
The date of the application and type of permit requested.
(2) 
An accurate legal description of the lease property to be used for the oil or gas operation, the parcel and the production unit and name of the geologic formation as used by the commission. Property recorded by plat should reference subdivision, block and lot numbers.
(3) 
Map showing proposed transportation route and road for equipment, chemicals or waste products used or produced by the oil or gas operation.
(4) 
Proposed well name.
(5) 
Surface owner names and addresses of the lease property.
(6) 
Mineral lessee name and address.
(7) 
Operator/applicant name and address and if the operator is a corporation, the state of incorporation, and if the operator is a partnership, the names and addresses of the general partners.
(8) 
Name and address of individual designated to receive notice.
(9) 
Name or representative with supervisory authority over all oil or gas operation site activities and a 24-hour phone number.
(10) 
Location and description of all improvements and structures within six hundred (600) feet of the proposed drill site.
(11) 
Owner and address of each parcel of property within six hundred (600) feet of the proposed drill site.
(12) 
A site plan of the proposed operation site showing the location of all improvements and equipment, including the location of the proposed well(s) and other facilities, including, but not limited to, tanks, pipelines, compressors, separators, storage sheds, fencing and any access roads.
(13) 
The name, address and 24-hour phone number of the person to be notified in case of an emergency.
(14) 
The exact and correct acreage of the site for the well described in the permit application.
(15) 
The proposed hole size, casing program and cementing program.
(16) 
Copies of all reports required by the commission.
(17) 
An original executed city-wide road maintenance agreement signed and approved by the city must be filed with the city secretary that provides that the operator shall repair, at the operator’s own expense, any damage to roads, streets, highways, or other city property caused by the use of heavy vehicles and equipment for any activity associated with the preparation, drilling, production and operation of gas wells.
(18) 
A description of public utilities required during drilling and operation.
(19) 
A description of the water source to be used during drilling.
(20) 
A copy of the approved commission permit to drill together with attachments and survey plats which are applicable to the drill and operation sites.
(21) 
A written report showing the predrilling ambient noise level measured at the nearest protected use receiver/receptor’s property line or one hundred (100) feet from the nearest protected use structure (as measured to the closest exterior point of the building) whichever is closer to the receiver/receptor.
(22) 
A statement that applicant agrees that if the city has to hire an outside engineer to inspect a well site, applicant shall absorb the costs.
(23) 
A statement, under oath, signed by the operator, or designated representative, that the information submitted with the application is, to the best knowledge and belief of the operator or designated representative, true and correct.
(24) 
All required application and permit fees.
(Ordinance 2008-11-01 adopted 11/10/08)
(a) 
It shall be unlawful to drill any well, the center of which, at the surface of the ground, is located:
(1) 
Within three hundred (300) feet of any storage tank, or source of ignition;
(2) 
Within three hundred (300) feet of any public street, road, highway or future street, right-of-way or property line;
(3) 
Within three hundred (300) feet of any building accessory to, but not necessary to the operation of the well;
(4) 
Within three hundred (300) feet of any fresh water well;
(5) 
Within three hundred (300) feet of any industrial building;
(6) 
Within three hundred (300) feet of any protected use; or
(7) 
Within three hundred (300) feet of any public works building.
This provision applies to any existing protected use or industrial building, or where a building permit has been issued for a protected use or an industrial building on the date the application for a permit under this article is filed with the city.
(b) 
The distance set out in subsection (a) of this section may be reduced in accordance with Section 4.205(c) by a:
(1) 
Waiver granted by the city council; or
(2) 
Written notarized waivers granted by the owners of protected use property within a three hundred (300) foot radius around the proposed well, or by the owners of any industrial building within a three hundred (300) foot radius around the proposed well. All waivers must identify the property address, block and lot number, subdivision name (if applicable) and plat volume and page and be filed, at the expense of the operator, in the applicable county records.
(Ordinance 2008-11-01 adopted 11/10/08)
(a) 
The city council within thirty (30) days after the filing of the application for a permit shall determine whether or not the application complies in all respects with the provisions of this article, and if the proposed drill site meets the distance setbacks specified in Section 4.204 and the drill site is not crossed by any public streets or roads. If the application complies with such provisions, the city council shall issue a permit authorizing the drilling of the well(s) or the installation of the facilities applied for.
(b) 
If the city council determines that a permit application should be denied for reasons other than lack of a required distance setback as set out in Section 4.204 for the requested permit, the city council shall notify the operator in writing of such denials stating the reasons for the denial. Within thirty (30) days of the date of the written decision of the city council to deny the permit, the operator may cure those conditions that caused the denial and resubmit the application to the city council for approval and issuance of the permit.
(c) 
If, however, the city administrator determines that all of the provisions of these regulations have been complied with by the operator but that the proposed drill site does not meet the distance setbacks specified in Section 4.204, then the city administrator shall place the application on the agenda of the city council which shall hold a public hearing on such application after giving notice at least one time by publication in the official newspaper at least ten days prior to the hearing and in writing by regular United States mail to the surface owners of real property within three hundred (300) feet of the proposed drill site. Such notice is not necessary to any property owner within the applicable three hundred (300) foot radius that executes and files with the city secretary a written waiver acknowledged before a notary public as specified in Section 4.204.
(d) 
Written notices may be served by depositing the same, properly addressed and postage paid, in the city post office to the owners and at the addresses as shown on the last approved city tax roll, or as shown in the application pursuant to Section 4.203(c) if the latter is different from the tax roll.
(e) 
The city council shall review the application and any other related information. The city council shall consider the following in deciding whether to grant a permit:
(1) 
Whether the operations proposed are reasonable under the circumstances and conditions prevailing in the area considering the particular location and the character of the improvements located there;
(2) 
Whether the drilling of such wells would conflict with the orderly growth and development of the city;
(3) 
Whether there are other alternative well site locations;
(4) 
Whether the operations proposed are consistent with the health, safety and welfare of the public when and if conducted in accordance with the permit conditions to be imposed;
(5) 
Whether there is accessible access for the city fire personnel and firefighting equipment; and
(6) 
Whether the impact upon the adjacent property and the general public by operations conducted in compliance with the conditions of the proposed permit are reasonable and justified, balancing the following factors:
(A) 
The right of the owner(s) of the mineral estate to explore, develop, and produce the minerals; and
(B) 
The availability of alternative drill sites.
(f) 
Following the public hearing, the city council may grant the permit upon such terms and conditions as it determines to be necessary to protect the public health and safety. The requirement for the well to be three hundred (300) feet from a protected use or three hundred (300) feet from an industrial building may be reduced by: (1) a waiver granted by the city council; or (2) written notarized waivers granted by all protected use property owners within three hundred (300) feet, in accordance with Section 4.204. For protection of the public health, safety and welfare, the city council may impose additional requirements for a reduction of such distance setbacks.
(g) 
The burden of proof on all matters considered at the hearing shall be upon the applicant/operator.
(h) 
The city council may require an increase in the distance the well is set back from any protected use or industrial building or require any change in operation, plan, design, layout or any change in the on-site and technical regulations of this article, including fencing, screening, landscaping, lighting, delivery times, noise levels, tank height, or any other matters reasonably required by the public interest.
(i) 
The city council may accept, reject or modify the application in the interest of securing compliance with this article, the city code and/or to protect the health, safety and welfare of the community. In making its decision, the city council shall have the power and authority to refuse any permit to drill any well at any particular location within the city, when by reason of such particular location and other characteristics, the drilling of such well at such particular location would be injurious to the health, safety or welfare of the inhabitants in the immediate area of the city. The decision of the city council shall be final.
(j) 
Each permit shall:
(1) 
By reference have incorporated therein all the provisions of this article with the same force and affect as if this article were copied verbatim in such permit.
(2) 
Specify the location of the proposed drill site, well, or injection facility with particularity to lot number, block number, name of addition or subdivision or by a metes and bounds description, or other available correct legal description.
(3) 
Specify the routes and roads to be used by vehicles, equipment, chemicals or waste products used or produced in oil or gas well drilling or operations, and in servicing wells.
(4) 
Contain and specify that the term of the permit shall be for a period of one hundred eighty (180) days from the date of the permit, unless extended by the city council for an additional period up to one hundred eighty (180) days, and so long thereafter as oil and gas is produced or until such time as the permittee has permanently abandoned the operation of such well or facility for which the permit was issued.
(5) 
Contain and specify such other terms and provisions as may be necessary in a particular case to accomplish the purpose of this article.
(6) 
Contain and specify that no actual operations shall be commenced until the operator has complied with the bond and insurance provisions of this article.
(7) 
Require that the operator promptly restore to its former condition any public property damaged by the oil or gas operation.
(8) 
Each permit issued by the city council, pursuant to this article, shall include the following language: Operator does hereby expressly release and discharge, all claims, demands, actions, judgments, and executions which it ever had, or now has or may have, or assigns may have, or claim to have, against the city and/or its departments, agents, officers, servants, successors, assigns, sponsors, volunteers, or employees, created by, or arising out of personal injuries, known or unknown, and injuries to property, real or personal, or in any way incidental to or in connection with the performance of the work performed by the operator under a permit issued pursuant to this article. The operator shall fully defend, protect, indemnify, and hold harmless the city, its departments, agents, officers, servants, employees, successors, assigns sponsors, or volunteers from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees and expenses incurred in defense of the city, its departments, agents, officers, servants, or employees, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by operator, its agents, assigns, or any third parties on account of, arising out of, or in any way incidental to or in connection with the performance of the work performed by the operator under a permit issued pursuant to this article. The operator agrees to indemnify and hold harmless the city, its departments, its officers, agents, servants, employees, successors, assigns, sponsors, or volunteers from any liabilities or damages suffered as a result of claims, demands, costs, or judgments against the city, its departments, its officers, agents, servants, or employees, created by, or arising out of the acts or omissions of the city occurring on the drill site or operation site in the course and scope of inspecting and permitting the gas wells including, but not limited to, claims and damages arising in whole or in part from the negligence of the city occurring on the drill site or operation site in the course and scope of inspecting and permitting the gas wells. It is understood and agreed that the indemnity provided for in this section is an indemnity extended by the operator to indemnify and protect the city and/or its department, agents, officers, servants, or employees from the consequences of the negligence of the city and/or its departments, agents, officers, servants, or employees, whether that negligence is the sole or contributing cause of the resultant injury, death, and/or damage.
(Ordinance 2008-11-01 adopted 11/10/08)
(a) 
A bond or letter of credit approved for form by the city attorney shall be filed with the city in the amount of $25,000 along with the permit application for the initial permit applied for by an operator. The bond shall be executed by the operator, as principal, and a corporate surety on the list of authorized insurance companies published by the state board of insurance as surety, in a form approved by the city attorney and with the bond in favor of the city conditioned that the operator will comply with all of the terms, conditions and requirements of this article and any permit issued pursuant hereto, and further conditioned that the operator will repair any damages to city roads, streets, highways, or other city property, as determined by the director of public works of the city, caused by the equipment and vehicles used by the permittee in going to and from the drill site with such repairs to be in compliance with specifications therefor prepared and provided to the operator by the director of public works.
(b) 
In addition to the bond required above, the operator shall carry a policy or policies of standard comprehensive public liability insurance, including contractual liability coverage, for accidental death, bodily injury and property damage, naming both the operator and city as insureds, with an insurance company authorized to do business in the state and appearing on the list of authorized insurance companies prepared by the state board of insurance. Such policy or policies in the aggregate shall provide for the following minimum coverages:
(1) 
Accidental death or bodily injury: $5,000,000 for one person and $5,000,000 total for one accident;
(2) 
Property damage: $1,000,000 total for one accident.
(c) 
The operator shall file with the city secretary a certificate of insurance showing compliance with the above prior to receiving a copy or copies of the permit or commencing any operations on the drill site. The insurance shall not be canceled without written notice to the city secretary at least ten days prior to the effective date of such cancellation. In the event such insurance is canceled, the permit granted in connection with such policy or policies shall be suspended and ineffective until the operator files additional insurance as provided herein.
(Ordinance 2008-11-01 adopted 11/10/08)
(a) 
If an operator (or its officers, employees, agents, contractors, or representatives) fails to comply with any requirement of a permit issued pursuant to this article (including any requirement incorporated by reference as part of the permit), the city administrator shall give written notice to the operator specifying the nature of the failure and giving the operator a reasonable time to cure, taking into consideration the nature and extent of the failure, the extent of the efforts required to cure, and the potential impact on the health, safety, and welfare of the community. In no event, however, shall the cure period be less than thirty (30) days unless the failure presents a risk of imminent destruction of property or injury to persons or unless the failure involves the operator’s failure to provide periodic reports as required by this article.
(b) 
If the operator fails to correct the noncompliance within thirty (30) days from the date of the notice, the city council may suspend or revoke the permit pursuant to the provisions of this article.
(c) 
No person shall carry on any operations performed under the terms of the permit issued under this article during any period of any permit suspension or revocation or pending a review of the decision or order of the city in suspending or revoking the permit. Nothing contained herein shall be construed to prevent the necessary, diligent and bona fide efforts to cure and remedy the default or violation for which the suspension or revocation of the permit was ordered for the safety of persons or as required by the commission.
(d) 
If the operator does not cure the noncompliance within the time specified in this article, the city council, upon written notice to the operator, may notify the commission and request that the commission take any appropriate action.
(e) 
Operator may, within thirty (30) days of the date of the decision of the city council in writing to suspend or revoke a permit, file an appeal to the city council under the provisions outlined in this article pursuant to Section 4.221, appeals, of this article.
(f) 
If an application for a permit is denied by the city council, nothing herein contained shall prevent a new permit application from being submitted to the city council for the same well.
(Ordinance 2008-11-01 adopted 11/10/08)
(a) 
An operator may submit an application to the city secretary to amend an existing permit to commence drilling from a new drill site that is not shown on (or incorporated by reference as part of) the existing permit, to relocate a drill site or operation site that is shown on (or incorporated by reference as part of) the existing permit, or to otherwise amend the existing permit.
(b) 
Applications for amended permits shall be in writing, shall be signed by the operator, and shall include the following:
(1) 
The fee for filing the application to amend the permit in the amount of one hundred and fifty dollars ($150.00);
(2) 
A description of the proposed amendments;
(3) 
Any changes to the information submitted with the application for the existing permit (if such information has not previously been provided to the city);
(4) 
Such additional information as is reasonably required by the city administrator to demonstrate compliance with the applicable permit; and
(5) 
Such additional information as is reasonably required by the city administrator to prevent imminent destruction of property or injury to persons.
(c) 
All applications for amended permits filed with the city secretary shall be forwarded to the city administrator for review. Incomplete applications may be returned to the applicant, in which case the city shall provide a written explanation of the deficiencies; however, the city shall retain the application fee. The city may return any application as incomplete if there is a dispute pending before the railroad commission regarding the determination of the operator.
(d) 
If the activities proposed by the amendment are not materially different from the activities covered by the existing permit, and if the proposed activities are in conformance with the applicable permit, then the city administrator shall approve the amendment within ten (10) days after the application is filed.
(e) 
If the activities proposed by the amendment are materially different from the activities covered by the existing permit, and if the proposed activities are in conformance with the applicable permit, then the city administrator shall approve the amendment within thirty (30) days after the application is filed. If, however, the activities proposed by the amendment are materially different and, in the judgment of the city administrator, might create a risk of imminent destruction of property or injury to persons that was not associated with the activities covered by the existing permit or that was not otherwise taken into consideration by the existing permit, the city administrator may require the amendment to be processed as a new permit application.
(f) 
The failure of the city administrator to review and issue an amended permit within the time limits specified above shall not cause the application for the amended permit to be deemed approved.
(g) 
The decision of the city administrator to deny an amendment to a permit shall be provided to the operator in writing within 10 days after the decision, including an explanation of the basis for the decision. The operator may appeal any such denial to the city council.
(Ordinance 2008-11-01 adopted 11/10/08)
(a) 
No operator shall make any excavations for any purpose or construct any lines for conveyance of fuel, water or minerals on, under or through the streets or alleys or other land of the city without approval by city council.
(b) 
The digging up, breaking, excavating, tunneling, undermining, breaking up, or 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 director of public works, and then only in compliance with specifications established by him.
(c) 
An operator shall use only the approved routes and roads designated in the permit for vehicles, equipment, chemicals or waste products used or produced in the oil or gas well drill or operations or in the servicing of wells.
(d) 
An operator shall repair, at the operator’s own expense, any damage to roads, streets, highways or other city property caused by the use of heavy vehicles and equipment for any activity associated with the preparation, drilling, production and operation of gas wells.
(Ordinance 2008-11-01 adopted 11/10/08)
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/or streets or alleys shown by the master plan of the city, and no street or alley shall be blocked or encumbered or closed in any drilling or production operation or for any mineral exploration except by written permission of the public works director and then only temporarily.
(Ordinance 2008-11-01 adopted 11/10/08)
Prior to the commencement of any drilling operations, all private roads used for access to the drill site and the operation site must be at least ten (10) feet wide, have an overhead clearance of fourteen (14) feet and be surfaced with asphalt, crushed rock, or gravel, and maintained to prevent dust and mud. It is the operator’s responsibility to make sure that such private roads meet these requirements. In particular cases, the requirements governing surfacing of private roads may be altered at the discretion of the city administrator 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 operation;
(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.
(Ordinance 2008-11-01 adopted 11/10/08)
(a) 
In the event that any operator is granted a permit to drill or conduct mineral exploration within the city’s corporate limits, the operator shall proceed with the drilling operations with the highest degree of care so as not to injure adjoining property or persons in any manner. All wastes must be contained within the drill site, as set out hereinafter, without any subsurface disposal and upon the completion of such drilling operations, the grounds around the well shall be immediately cleared of all drilling mud and/or all oil, salt water or water, and shall be made to conform in appearance to the lands in the neighborhood wherein such drilling operations are so conducted.
(b) 
Caliche drilling pads shall be removed within 30 days following abandonment of the well site.
(c) 
All wells shall be abandoned in accordance with the rules of the commission and in accordance with the provisions of this article. The operator abandoning a well shall be responsible for the restoration of the well site to its original condition as nearly as practicable. 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 permit for development of the property. No structure shall be built over an abandoned well.
(Ordinance 2008-11-01 adopted 11/10/08)
(a) 
Drilling operations must be conducted in such a manner that percolating or ground water will not be adversely affected, including the prevention of vertical movement of percolating water.
(b) 
All oil and gas drilling and production operations shall be conducted in such a manner as to minimize dust, noise, vibration or noxious odors, and shall be in accordance with the best accepted practices incident to drilling for the production of oil, gas, and other hydrocarbon substances.
(c) 
Except in case of emergency, no materials, equipment, tools or pipe used for drilling or production operations shall be delivered to or removed from a site located in a residential or commercial district except between the hours of 6:00 a.m. to 6:00 p.m. on any day. On drill stem tests, on a site located in such a residential or commercial district, only one trip will be allowed at night between 9:00 p.m. and 7:00 a.m. unless an emergency exits.
(d) 
All production equipment used shall be so constructed and operated so that noise, vibration, dust, odor or other harmful or annoying substances or effects will be minimized by the operations carried on at any drilling site or from anything incident thereto, to the injury or annoyance of persons living in the vicinity; nor shall the site or structures thereon be permitted to become dilapidated, unsightly or unsafe. Proven technological improvements in methods of production shall be adopted as they, from time to time, become available if capable of reducing factors of nuisance or annoyance. There shall be no venting of gas into the open air except as allowed by the railroad commission in residential areas.
(e) 
The well site, drill site, tank site, tank battery site, pump station site, or compressor site shall not be used for the storage of pipe, equipment or material except during the drilling or servicing of the wells, tanks, pump stations or compressor stations.
(f) 
No refinery or absorption plant of any kind shall be constructed, established or maintained on the premises at any time. This shall not be deemed to exclude a simple gas separation process.
(g) 
All electric lines to production facilities shall be located in a manner compatible to those already installed in the surrounding area or subdivision.
(h) 
No lights located on any drill or operation site shall be directed in such a manner that they shine directly on public roads, adjacent property or property in the general vicinity of the drill or operation site. To the extent practicable, and taking into account safety considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads and adjacent dwellings and buildings within three hundred (300) feet.
(i) 
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 shall not be discharged into the open air 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 noxious gasses, fumes or ignited carbon or soot.
(j) 
All formation fracturing operations shall be conducted during daylight hours unless the operator has notified the city administrator that fracturing will occur before or after daylight hours to meet safety requirements. The following requirements shall apply to all fracture stimulation operations performed on a well within 600 feet of a protected use:
(1) 
Flowback operations to recover fluids used during fracture stimulation shall be performed during daylight hours.
(k) 
Signs.
(1) 
A sign shall be immediately and prominently displayed at the gate of the temporary and permanent site fencing erected pursuant to Section 4.216 of this article. Such sign shall be of a durable material, maintained in good condition and, unless otherwise required by the commission, shall have a surface area of not less that two (2) square feet nor more than four (4) square feet and shall be lettered with the following:
(A) 
Well name and number.
(B) 
Name of operator.
(C) 
Telephone numbers of the person responsible for the well who may be contacted in case of emergency.
(2) 
Permanent weatherproof signs reading “Danger No Smoking Allowed” shall be posted immediately upon completion of the well site fencing at the entrance of each well site and tank battery or in any other location approved or designated by the fire chief of the city. Sign lettering shall be four (4) inches in height and shall be red on a white background or white on a red background. Each sign shall include the emergency notification numbers of the fire department and the operator, and the well and lease designations required by the commission.
(l) 
No salt water disposal wells shall be located in the city except in an industrial district as described or will be described in Chapter 14, Zoning, of this code.
(m) 
Each well must have a shutoff valve to terminate the well’s production. The fire department shall have access to the well site to provide fire protection in an emergency.
(n) 
The operator shall provide 48-hour notice to the city administrator or his designated representative before the start of drilling and/or fracturing operations.
(Ordinance 2008-11-01 adopted 11/10/08)
(a) 
The premises shall be kept in a clean and sanitary condition. The operator shall prevent any mud, wastewater, oil, slush, or other waste matters from flowing into the alleys, streets, lots or leases within the corporate limits of the city.
(b) 
All operator premises shall be kept clear of high grass, weeds and combustible trash within a radius of one hundred (100) feet around any oil tank, tanks, or producing wells. All waste shall be disposed of in such a manner as to comply with the air and water pollution control regulations of the state, this code and any other applicable ordinance of the city and removed as required in Section 4.212.
(Ordinance 2008-11-01 adopted 11/10/08)
(a) 
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 plus one 500-barrel water tank.
(b) 
The tank or tanks shall be enclosed within a metal dike. The metal dike shall have a minimum capacity equal to two times the volume of the tanks enclosed.
(c) 
(1) 
It shall be unlawful and an offense for any person to locate a storage tank or separator site nearer than three hundred (300) feet to any protected use or permanent accessory building used in connection therewith, within the city.
(2) 
It shall be unlawful and an offense for any person to locate a storage tank site or separator site between three hundred (300) and six hundred (600) feet from the nearest protected use or permanent accessory building used in connection therewith, within the city without the unanimous consent of all of the property owners within six hundred (600) feet of the site or the affirmative vote of the city council cast at the time of the consideration of the drilling permit application or at a subsequent meeting.
(Ordinance 2008-11-01 adopted 11/10/08)
(a) 
Fences shall not be required on drill sites during initial drilling, completion or reworking operations as long as 24-hour on-site supervision is provided. A secured entrance gate shall be required. All gates are to be kept locked when the operator or its employees are not within the enclosure.
(b) 
Within 30 days after production has been established, all operation sites shall be completely enclosed by a permanent chain-link fence, masonry wall, or other approved fencing material in accordance with the following requirements:
(1) 
A chain-link fence, a minimum of eight (8) feet in height with three-and-one-half inch mesh interwoven with opaque slats, shall enclose all completed wells and tanks that are not located within one thousand (1,000) feet of any protected use or permanent accessory building used in connection therewith.
(c) 
All walls (either site constructed or prefabricated) shall be of masonry or other like materials approved by the city administrator. All walls used to enclose in whole or in part any drilling or production site shall be constructed in accordance with standard engineering practices and shall meet the following specifications:
(1) 
The wall shall be of a design compatible with the facilities, buildings and structures on and adjacent to the site; and
(2) 
The wall shall be at least eight (8) feet in height.
(d) 
When chain-link fences are required, the fences shall comply with the following specifications:
(1) 
The fence fabric shall be at least eight (8) feet in height;
(2) 
Support posts shall be set in concrete and shall be imbedded into the ground to a depth sufficient to maintain the stability of the fence; provided, however, so long as stability of the fence is maintained, temporary fence posts shall not be required to be set in concrete;
(3) 
The chain-link fabric shall be galvanized steel wire with a minimum plating of one-and-two-tenths (1.2) ounces of zinc per square foot of surface area or shall be coated with vinyl or plastic material;
(4) 
The chain-link fence fabric shall have a minimum thickness of eleven (11) gauge;
(5) 
The chain-link fabric shall be two-inch mesh; provided, however, three-and-one-half inch mesh may be used on any fence where the fabric is interwoven with artificial screening material;
(6) 
Posts and rails shall be standard galvanized, welded pipe, schedule forty (40) or thicker; provided, however, that no galvanized drill pipe may be used if it exceeds schedule forty (40) in thickness;
(7) 
All pipes and other ferrous parts, except chain-link fabric and drill pipe, shall be galvanized inside and outside with a plating which contains a minimum of one-and-two-tenths (1.2) ounces of zinc per square foot surface area;
(8) 
Tension rods shall be three-eights-inch round steel bolt stock. Adjustable tighteners shall be turnbuckle or equivalent having a six-inch minimum take-up. Tension bars shall have a minimum thickness of one-fourth by three-fourths inch; and
(9) 
All fences shall have a security extension arms at the top of such fences and such security extension arms shall be strung with at least two strands of galvanized barbed wire.
(e) 
All chain-link fences and masonry walls shall be equipped with at least one (1) gate. The gate shall meet the following specifications:
(1) 
Each gate shall not be less than twelve (12) feet wide and be composed of two (2) gates, each of which is not less than six (6) feet wide, or one (1) sliding gate not less than twelve (12) feet wide. If two (2) gates are used, gates shall latch and lock in the center of the span;
(2) 
The gates shall be of chain-link construction that meets the applicable specifications, or of other approved material that, for safety reasons, shall be at least as secure as a chain-link fence;
(3) 
The gates shall be provided with a combination catch and locking attachment device for a padlock, and shall be kept locked except when being used for access to the site; and
(4) 
The operator must provide the city fire chief with a master key to access the well site to be used only in case of an emergency.
(f) 
The operator shall maintain all walls, fencing and gates in good condition at all time. Gates must be kept securely locked when the operator or its employees are not within the enclosure.
(Ordinance 2008-11-01 adopted 11/10/08)
(a) 
Any operator 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. 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, provided the operator notify the sheriff’s office and the city administrator.
(b) 
Each operator shall fully comply with “Special Order Amending Rule 36 of the General Conservation Rules of Statewide Application State of Texas having Reference to Oil and Gas Operation in Hydrogen Sulfide Areas,” adopted by the Railroad Commission of Texas, Oil and Gas Division, In Oil and Gas Docket No. 20-65, 354 on March 15, 1976.
(Ordinance 2008-11-01 adopted 11/10/08)
(a) 
Each operator shall place an identifying sign at each point where a flow line or gas gathering line crosses any public street or road and it shall be unlawful and a misdemeanor to remove, destroy or deface any such sign.
(b) 
Each operator shall also place a warning sign at each point where a line carrying H2S gas crosses any public street or road and it shall be unlawful and a misdemeanor to remove, destroy or deface any such sign.
(c) 
No operator 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 city administrator, in writing, and then only in strict compliance with this article and any applicable ordinance of the city; provided, however, emergency repairs may be made without such permission when in the good faith opinion of the operator, the delay required to obtain written permission would involve a hazard to a person or property.
(d) 
The pipeline shall be tested prior to being placed in service.
(e) 
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.
(f) 
All pipelines within the corporate limits, designed or utilized to transport oil, gas or water in connection with the production and transportation of oil and/or gas or for depressurizing operations, shall hereafter be installed with the minimum of cover or backfill specified by the then-applicable ASA code for such pipelines.
(g) 
The city administrator is authorized to approve a lesser cover or specify a greater cover or backfill in special cases when in the opinion of the city administrator, such variation is advisable and/or will not increase the degree of hazard.
(h) 
The requirements for construction in public right-of-way must conform to ordinances of the city regulating such construction.
(i) 
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 director of public works, provided, however, emergency repairs may be made without such permission when in the good faith opinion of the operator the delay required to obtain the written permission would involve a hazard to a person or property.
(Ordinance 2008-11-01 adopted 11/10/08)
(a) 
The operator shall notify the city administrator of any changes to the following information within one business week after the change occurs:
(1) 
The name, address, and phone number of the operator; and
(2) 
The name, address, and phone number of the person designated to receive notices from the city (which person must be a resident of the state that can be served in person or by registered or certified mail).
(b) 
The operator shall notify the city administrator of any change to the name, address, and a 24-hour phone number of the person(s) with supervisory authority over drilling or operations activities within one business day.
(c) 
The operator shall provide a copy of any incident reports or written complaints submitted to the railroad commission within thirty (30) days after the operator has notice of the existence of such reports or complaints.
(d) 
Beginning on December 31st after each well is completed, and continuing on each December 31st thereafter until the operator notifies the city administrator that the well has been abandoned and the site restored, the operator shall submit a written report to the city administrator identifying any changes to the information that was included in the application for the applicable permit that have not been previously reported to the city.
(Ordinance 2008-11-01 adopted 11/10/08)
Subject to Section 4.207, it shall be unlawful and an offense for any person to violate or fail to comply with any provision hereof, whether or not such section contains the specific language that such violation or failure to comply is unlawful and is an offense.
(Ordinance 2008-11-01 adopted 11/10/08)
(a) 
The city council shall have and exercise the power to hear and determine appeals where it is alleged there is error or abuse of discretion regarding the issuance of a permit or the revocation or suspension of any permit issued hereunder as provided by this article. Any person or entity whose application is denied by the city administrator (other than for distance requirements set out in this article) or whose permit is suspended or revoked or whose well equipment is deemed by the city administrator to be abandoned may, within thirty (30) days of the date of the written decision of the city administrator, file an appeal to the city council in accordance with the following procedure:
(1) 
An appeal shall be in writing and shall be filed in triplicate with the city secretary. The grounds for appeal must be set forth specifically, and the error described, by the appellant.
(2) 
Within forty-five (45) days of receipt of the records, the city secretary shall transmit all papers involved in the proceeding, place the matter on the city council agenda for hearing and give notice by mail of the time, place, and purpose thereof to appellant and any other party who has requested in writing to be so notified. No other notice need be given.
(b) 
Appeal fees shall be required for every appeal in the amount of one hundred and fifty dollars ($150.00).
(c) 
Following the public hearing, the city council may uphold, modify or reverse the decision of the city administrator.
(Ordinance 2008-11-01 adopted 11/10/08)
Any person who shall violate the provisions of this article, the provisions of a permit issued pursuant hereto, or shall fail to comply with the terms hereof, shall be guilty of a misdemeanor and shall, on conviction thereof, be fined in any sum not less than $100.00 or more than $500.00, and the violation of each separate provisions of this article, and of such permit, shall be considered a separate offense, and each day’s violation of each separate provisions thereof shall be considered a separate offense.
(Ordinance 2008-11-01 adopted 11/10/08)