(a) 
A person wanting to [commence] oil and gas production activities shall apply for and obtain an oil and gas well permit as required by this division. 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 conduct any activity related to the production of oil or gas without first obtaining an oil and gas well permit issued by the city in accordance with this division. Such activities include but are not limited to reworking, initial site preparation, drilling, operation, construction of rigs or tank batteries, fracturing and pressurizing.
(b) 
The operator must apply for and obtain an oil and gas well permit for the drilling, redrilling, deepening, re-entering, activating or converting of each well. The operator may apply for and obtain a “blanket” oil and gas well permit for more than one well if multiple wells are located on the same tract of land. All wells covered by the “blanket” permit shall be described in the application.
(c) 
An oil and gas well permit shall not constitute authority for the re-entering and drilling of an abandoned well. An operator shall obtain a new oil and gas well permit in accordance with the provisions of this division if the operator is re-entering and drilling an abandoned well.
(d) 
When an oil and gas well permit has been issued to the operator for the drilling, redrilling, deepening, re-entering, activating or converting of a well, such oil and gas well 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, but only in accordance with the regulations established by this article; 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) 
Issuance of an oil and gas permit does not grant the permittee any easement, franchise or right-of-way, including the use of public streets, rights-of-way, or property for pipelines.
(f) 
An oil and gas well permit shall automatically terminate, unless extended, if drilling of the well bore has not commenced within one hundred eighty (180) days from the date of the issuance of the oil and gas well permit. Drilling must commence within one hundred eighty (180) days from the date of the issuance of the oil and gas well permit on at least one well under a “blanket permit” in order to maintain the validity of the oil and gas well permit for the multiple wells. An oil and gas well permit may be extended by the city for an additional one hundred eighty (180) days upon request by the operator and proof that the classification of the requested oil and gas well permit for such location has not changed. For a “blanket permit,” all drilling operations for all wells authorized under the “blanket permit” must be completed within one (1) year from the date of approval by the city council, unless a specific time period is authorized by the council as a condition of the permit.
(g) 
The oil and gas well permits required by this division are in addition to and are not in lieu of any permit or agreement which may be required by any other provision of this code or by any other governmental agency.
(h) 
(1) 
No additional oil and gas well permit or filing fees shall be required for the following:
(A) 
Any wells previously issued a permit by the city and which are in active operation, or in existence prior to the enactment of the previous permitting requirements of the city and in active operation within the corporate limits of the city on the effective date of this division;
(B) 
Any wells for which drilling has commenced on the effective date of this amended division, and for which a permit was properly obtained under the city’s prior permitting requirements; or
(C) 
Any wells in existence or any wells on which drilling has commenced prior to annexation on land annexed into the city after the effective date of this division.
(2) 
Any person engaging in oil and gas operations within the city who was required to obtain a permit under a previous version of this division or other prior city ordinance relating to oil or gas wells, but failed to do so, must obtain an oil and gas well permit under this division, as amended, to continue operations. Application for said permit must be submitted within 30 days after the enactment of this division by the city council.
(3) 
Even operations exempted from obtaining a permit under this amended division must comply with the requirements set forth in the other divisions of this article unless expressly exempted within those divisions.
(i) 
An oil and gas well permit shall not be issued for any well to be drilled until a road damage mediation [remediation] agreement has been executed between the operator and city. Said road damage mediation agreement shall obligate the operator to repair damage to public streets, including but not limited to bridges, caused by the operator or by the operator’s employees, agents, contractor, or representatives, in the performance of any activity authorized by or contemplated by an approved oil and gas well permit. A master road damage mediation agreement may be executed between the operator and the city in lieu of an agreement for each individual oil and gas well permit. The city administrator shall have the authority to enter into the road damage mediation agreement.
(j) 
An approved oil and gas well permit shall:
(1) 
By reference have incorporated therein all of the provisions of this article with the same force and effect 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) 
Contain and specify such other terms and provisions as may be required by the city council in a particular case to accomplish the purposes of this article.
(Ordinance adopted 12/17/07, sec. 6)
(a) 
Every application for an oil and gas well 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 administrator.
(b) 
Every application shall be accompanied by a permit fee as established by city council.
(c) 
The application shall include the following information:
(1) 
Completed and signed application form containing at least the following information: proposed well name; names, addresses and phone numbers of all the property owners of the pad site; names, addresses and phone numbers of the operator and applicants; name and address of the individual designated to receive notice; name of representative with supervisory authority over all gas operation site activities and a 24-hour phone number.
(2) 
An accurate legal description of the lease property to be used for the oil or gas operation. Property recorded by plat should reference subdivision, block and lot numbers. Unplatted property should reference abstract numbers and survey names, and tract numbers if applicable.
(3) 
An original executed master road damage remediation agreement signed and approved by the city must be filed with the city administrator. The agreement shall provide that the operator shall repair, at his own expense, any damage to roads, streets, or highways caused by the use of heavy vehicles for any activity associated with the preparation, drilling, production, and operation of oil or gas wells.
(4) 
A copy of the determination by the state commission on environmental quality (TCEQ) of the depth of usable quality groundwater.
(5) 
Evidence of insurance and security requirements under this article.
(6) 
A copy of the approved commission permit to drill (W-I) and pooling certificate (P-12), together with attachments and survey plats which are applicable to the drill and operation sites.
(7) 
A copy of the stormwater pollution prevention plan as may be required by the state commission on environmental quality.
(8) 
A grading plan prepared in accordance with state law that shows the existing and proposed contours and any additional information to clearly show how the site will be graded.
(9) 
A site plan or survey plat drawn to scale on a sheet size of ANSI B, ANSI C or ANSI D, and containing the following information:
(A) 
The names and addresses of the current owner of record and gas well operator.
(B) 
The name, address and telephone number of the surveyor responsible for the site plan, which shall contain the seal of a Texas registered professional land surveyor.
(C) 
Title block containing the proposed name of the gas well(s), acres in lease, abstract number and survey name.
(D) 
A location map showing the tract by reference to streets or highways.
(E) 
The date the site plan was prepared.
(F) 
A written scale and graphic scale symbol and a north arrow indicating the approximate true north.
(G) 
The location and general outline of any existing permanent structures, parking lots, driveways, and other significant structures within five hundred (500) feet of the wellhead.
(H) 
The location of the city limit boundaries, and any adjacent city, if applicable.
(I) 
The location of all proposed truck routes to the well site, including:
(i) 
List of non-TXDOT roads that will be used; and
(ii) 
Lengths of each public road that will be used to access the site.
(J) 
The location and dimensions of existing or proposed driveway(s) to be used.
(K) 
The limits of the 100-year floodplain and floodway.
(L) 
The location of lease lines, including labels showing the distance between wellheads and the lease lines.
(M) 
The location of all existing and proposed underground pipelines on or adjacent to the site. Any pipelines proposed in the public right-of-way shall require separate approval of a pipeline permit issued by the city.
(N) 
The acreage of the lease and the number of wells, if applicable, included in the oil and gas well permit application.
(Ordinance adopted 12/17/07, sec. 6; Ordinance adopting Code)
(a) 
Permit applications are filed with the city administrator. Permit applications shall not be accepted for filing until the application is complete and the fee has been paid. Incomplete applications shall be returned to the applicant.
(b) 
If the wellhead is located within 200 feet of a residential lot shown on a recorded subdivision plat, then, prior to the city council public hearing on the permit application, the operator shall hold a public meeting with the owners of real property within 200 feet of the wellhead. The purpose of the meeting is give residents and property owners an opportunity to review information related to the gas drilling permit request and to ask questions about the project or gas drilling in general. The meeting shall be held in the city limits. The operator shall be responsible for notice of the public meeting to the property owners, arranging for a meeting place, and conducting the meeting. The operator shall notify the city administrator of the date, time and place of the meeting.
(c) 
The city council shall conduct a public hearing on the permit application at a regularly scheduled meeting date. The city administrator shall give notice of a public hearing. Notice of public hearing shall be provided in accordance with the provisions below.
(1) 
A public notice shall be published in the official newspaper of the city at least ten (10) days prior to the hearing.
(2) 
Written notice shall be mailed, by regular United States mail, to the surface owners of real property located within 200 feet of the drill bore site. Notices shall be provided based on ownership as rendered in the latest approved tax roll. In cases where ownership information provided with the permit application differs from the approved tax roll, notice shall be given to all parties.
(3) 
A sign shall be erected on the premises for which said permit application has been submitted. Said sign shall state that an application for an oil and gas well permit has been filed with the city. The sign shall be erected on the premises at least ten (10) days prior to filing the application with the city. The sign shall give a contact number for the city and the applicant.
(4) 
The names and addresses of all owners of residences or property platted for residential use located within a 200' radius of the wellhead.
(5) 
An operational plan showing how the applicant intends to achieve compliance with the operational standards set forth in division 3 of this article.
(d) 
After conducting the public hearing, the city council may approve the oil and gas well permit subject to terms and conditions as it determines to be necessary to protect the public health and safety.
(e) 
In making its decision, city council shall, in addition to other considerations, have the power and authority to deny any permit to drill any well at any particular location within the city based on any of the following findings:
(1) 
It is determined that drilling at a particular location would constitute a hazard to residences, commercial activities, schools, hospitals, parks, and civic purposes existing in the area surrounding the proposed drill site.
(2) 
It is determined that drilling at a particular location would be detrimental to the public health, safety or general welfare of the city.
(3) 
It is determined that the drilling of such wells would conflict with the orderly growth and development of the city.
(4) 
It is determined that there are other alternative well site locations that would allow access to explore, develop and produce the mineral estate.
(5) 
It is determined that there is not adequate access for fire personnel and firefighting equipment.
(6) 
It is determined that the impact upon the adjacent property and the general public are not reasonable and justified, balancing the following factors:
(A) 
The right of the owners(s) of the mineral estate to explore, develop, and produce the minerals; and
(B) 
The availability of alternative drill sites, both presently and at other times during the lease term.
(7) 
It is determined that the location of the drill site conflicts with the location or expansion of future streets.
(f) 
The city council may accept, reject or modify the application in the interest of securing compliance with this article and the Code of Ordinances, and/or to protect the health, safety and welfare of the community.
(Ordinance adopted 12/17/07, sec. 6)
(a) 
If an operator, or its officers, employees, agents, contractors, or representatives, fails to comply with any requirement of an oil and gas well permit, including any requirement incorporated by reference as part of the oil and gas well 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 ten (10) days unless the failure presents a violation of the noise provisions, or a risk of imminent destruction of property or injury to persons.
(b) 
If the operator fails to correct the noncompliance within ten (10) days from the date of the notice, the city administrator may suspend the oil and gas well permit, and order the operator to cease all operations. The operator may appeal the city administrator’s decision to the city council by submitting an appeal in writing to the mayor. The appeal will be heard, with notice and opportunity to appear provided to the operator, within ten (10) days of the mayor’s receipt of the appeal.
(c) 
On the recommendation of the city administrator or the mayor, with or without suspension, the city council may determine to revoke a permit for the operator’s uncured violation(s) of this article for which the operator received written notice and an opportunity to cure. Such revocation may only be ordered by action of the city council at a regular or special meeting, and after at least ten (10) days’ notice and opportunity to appear before the council is provided to the operator.
(d) 
No person shall carry on any operations performed under the terms of the oil and gas well permit issued under this article during any period of any oil and gas well permit suspension or revocation or pending a review of the decision or order of the city in suspending or revoking the oil and gas well 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 oil and gas well permit was ordered for the safety of persons or as required by the commission.
(Ordinance adopted 12/17/07, sec. 6)