The governing body of the city hereby declares it to be the policy of the city, and its governing body, to protect the health, safety, welfare, and comfort of the citizens and all other persons that might at any time be in the city, to permit the development of industry and natural resources within the corporate limits of the city for the use and benefit of the citizens of the city, and a community as a whole. The governing body of the city is of the opinion that there lies a strata containing natural gas at high pressure, that there is a possibility that such strata may further contain crude petroleum oil or derivatives therefrom, and that certain benefits may and will accrue to the residents of the city and to such city as drilling and development operations are carried on under proper supervision with safety and in an orderly manner for the production of such natural resources. In order to permit the drilling for and producing of such minerals within the corporate limits of the city, and to protect the health, safety and comfort of its citizens, the governing body of the city finds that the provisions and regulations set out in this article are necessary and proper.
(1987 Code, sec. 17-1)
All technical industry words or phrases related to the drilling and production of oil or gas wells not specifically defined shall have the meanings customarily attributable thereto by prudent operators in the gas and oil industry. For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Abandonment.
Means “abandonment” as defined by the state railroad commission, and includes the plugging of the well and the restoration of any well site as required by this article.
City attorney.
The city attorney for the City of Fairfield.
Commission.
The state railroad commission.
Daytime.
7:00 a.m. to 7:00 p.m.
Drill site.
The area used for drilling, completing, or reworking of a well as well as all access roads into and out of said location.
Drilling.
Any digging or boring of a new well to develop or produce gas or oil or to inject gas, water, or any other fluid or substance into the earth. Drilling means and includes the re-entry of an abandoned well and/or re-entry for the purpose of directionally drilling to establish a new well bore. Drilling does not mean or include the re-entry of a well that has not been abandoned.
Drilling unit.
One contiguous body or block of land composed of one or more tracts complying with the spacing regulations promulgated by the state railroad commission or its successor.
Exploration.
Geologic or geophysical activities, including but not limited to surveying and seismic exploration, related to the search for gas, oil or other subsurface gas or oil.
Fire chief.
The fire marshal of the county or the fire chief of the city volunteer fire department.
Fire department.
The city volunteer fire department.
Fracturing.
The process of fracture stimulation of a rock formation.
Gas.
Gas or natural gas, as such terms are used in the rules, regulations, or forms of the state railroad commission.
Gas well.
Any well drilled for the production of gas or classified as a gas well under the Texas Natural Resources Code.
Inspector.
The oil and gas inspector designated by the city, or an independent contractor hired by the city for inspection tasks.
New well.
A new well bore or new hole established at the ground surface, and shall not include the reworking of an existing well that has not been abandoned.
Oil.
Oil or crude oil, as such terms are used in the rules, regulations, or forms of the state railroad commission.
Oil and gas well permit.
A gas or oil well permit applied for and issued or denied under this article authorizing the drilling, production, and operation of one or more gas or oil wells. A “blanket permit” is a permit for more than one well if multiple wells are located on the same tract of land. A blanket permit does not grant permission to locate future wells on other tracts of land. All wells covered by the “blanket” permit shall be described in the application.
Oil well.
Any well drilled for the production of oil or classified as an oil well under the Texas Natural Resources Code.
Operation site.
The area used for development and production and all operational activities associated with gas after drilling activities are complete.
Operator.
For each well, the person listed on railroad commission Form W-1 or Form P-4 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 under a gas lease of any premises affected by the provisions of this article, then such lessee shall also be deemed to be an operator means that [sic] in the event that there is not [no] 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.
Permittee.
The person to whom the city issues a permit to drill and operate a well under the provisions of this article, and his or its administrators, executors, heirs, successors, and assigns.
Person.
Includes both the singular and plural and means a natural person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, and a fiduciary or representative of any kind.
Plat.
A map of a town, section, or subdivision showing the location and boundaries of individual parcels of land subdivided into lots, with streets, alleys, easements, etc., usually drawn to a scale.
Railroad commission.
The state railroad commission.
Redrilling.
The recompletion of an existing well by deepening or sidetrack operations extending more than one hundred and fifty feet (150') from the existing well bore.
Reworking.
The recompletion or re-entry of an existing well with the existing bore hole or by deepening or sidetrack operations which do not extend more than one hundred and fifty feet (150') from the existing well bore, or replacement of well liners or casings.
Right-of-way.
Public right-of-way including streets, easements and other property within the city and which is dedicated to the use and benefit of the public.
Road damage remediation agreement.
An agreement executed by and between the city and the operator of a gas or oil well that provides for compliance with the provisions of this article and for the payment of the costs of damage remediation of certain streets and/or roadways within the city.
Servicing.
Any maintenance and/or repair work performed on an existing well used for the intended or actual production of natural gas.
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.
Technical advisor.
Such person(s) familiar with and educated in the gas industry or the law as it relates to gas matters who may be retained from time to time by the city.
Variance.
Permission to depart from the literal requirements of an ordinance by virtue of unique hardship due to special circumstances regarding a person’s property, or other basis specifically set forth in this article. It is a waiver of the strict requirements of this article.
(Ordinance adopted 12/17/07, sec. 3)
The city administrator shall serve as the inspector for general matters of compliance not requiring detailed technical review. The city council may designate an inspector for inspections relating to technical matters, or may engage the services of an independent contractor to conduct technical inspections.
(Ordinance adopted 12/17/07, sec. 4)
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 or encumbered or closed in any drilling or production operation except by special permit by order of the city council, and then only temporarily.
(1987 Code, sec. 17-4)