It shall be unlawful for any person to drill, or commence to drill, any well for oil or gas within 2,000 feet of the shoreline, mean low tide, in any bay area within the corporate limits of the city.
(Code 1972, § 14-1)
The provisions of this division shall be applicable to all drilling within bay areas within the corporate city limits.
(Code 1972, § 14-10)
(a)
It shall be unlawful for any person to drill or commence to drill a well for oil or gas within the limits of the city, or to work upon or assist in any way in the prosecution of the drilling of any such well, unless a permit for the drilling, completion and operation of such well has first been issued by authority of the city council in accordance with the provisions of this division.
(b)
Nothing contained in this division shall be interpreted to require a permit for the reworking, deepening or plugging back of any well or completing any well for the sole purpose of injection of water, gas or other substances.
(c)
If an emergency arises in the course of conducting his operations which, in the good faith opinion of the permittee, constitutes a serious hazard to life and property, the permittee may undertake such emergency operations as he deems necessary under the circumstances without first obtaining a permit, such emergency action to include, without limitation, the drilling of a relief well, or other emergency operations. Such emergency operations shall not be considered as a violation of this article or any other ordinance of the city. Within 24 hours after the commencement of any such emergency operations, the permittee shall notify the city secretary that such operations have been commenced, and as soon as practicable, but in any event within seven days, the permittee shall file a written report with the city secretary setting forth a summary of the emergency and the actions taken by the permittee to combat it.
(Code 1972, § 14-11)
(a)
An application for a permit to drill, complete and operate a well for oil or gas shall be in writing and shall be signed by the applicant or by some person duly authorized to sign on his behalf. The application shall be filed with the city secretary.
(b)
Each application for a permit under this article shall state the particular lot and location where the proposed oil or gas well is to be located, and shall have attached to it a description of the oil and gas leases or drilling contracts with the owners of land covering the lots, blocks or tracts in the drilling unit over which the applicant has control of oil rights or gas rights, to the end that the application will show what proportion and what parts of the land the applicant owns in fee or holds under lease or drilling contract from the owners. The application shall also be accompanied by a plat or map showing the designation of the lots, blocks or tracts owned or controlled by the applicant and showing the proposed site of the well.
(Code 1972, § 14-12)
No permit shall be granted or issued under this division for the drilling of a well, except upon ground owned by the applicant or held by him under an oil and gas lease or drilling contract from the owner, giving the owner's permission or authority to drill a well thereon.
(Code 1972, § 14-13)
The fee for a permit required by this division shall be $300.00, which fee shall be paid, in cash, at the time the permit application is filed.
(Code 1972, § 14-14)
(a)
Upon the filing of an application for a permit under this article, the city secretary shall set a date for a hearing on the application. Notice of the filing of such application shall be given by the applicant as follows: At least ten days prior to the date of hearing on the application, a copy of the notice, in the form prescribed, shall be sent by registered mail to each owner and lessee of lots, blocks and tracts in the drilling unit not owned by or under lease to the applicant, addressed to the last known address of such land and lease owners, if known to the applicant. A copy of such notice shall likewise be posted at three public places in the city at least ten days prior to the date of such hearing. Such notice shall state the lot and block number (or otherwise adequately identify the premises) on which the applicant is asking for a permit to drill and the date and place of hearing, and shall be in words and figures as follows:
"Notice is hereby given that __________, acting under and pursuant to the terms and provisions of Chapter 62 of the Code of Ordinances, City of Rockport, Texas, did, on the __________day of __________/__________/__________, 19__________, file with the City Secretary of the City of Rockport an application for a permit to drill a well for oil or gas upon Lot No. __________, Block No. __________, __________, Rockport, Texas, in (Oil) (Gas) Unit shown on plat attached hereto. A hearing upon such application will be held in the Chamber of the City Council at the City Hall of the City of Rockport, Texas, on the __________day of __________/__________/__________, 19__________, at __________M." |
(b)
Proof of notice shall be made by the applicant by filing with the city secretary an affidavit containing a copy of the notice and stating the date on which such notice was posted at three public places in the city, and an affidavit of the applicant showing the date and persons to whom and the addresses to which the notice was mailed by the applicant.
(c)
At the time fixed in the notice, a hearing on such application shall be held by the city council in the council chamber of the city hall.
(Code 1972, § 14-15)
The city council shall have the power, and reserves the authority, to refuse any application for a permit under this division when, by reason of the location of the proposed well and the character and value of the permanent improvements already erected on the drilling unit in question or adjacent thereto, and the use to which the land and surroundings are adapted for civic purposes, or for sanitary reasons, the drilling of an oil or gas well will be a serious disadvantage to either the health, safety, morals or welfare of the city and its inhabitants. When a permit is refused for any of these reasons, but not otherwise, the fee paid by the applicant shall be returned to him. Except as hereinbefore provided, if an applicant is found by the city council to comply in all respects with the terms of this article and other applicable ordinances of the city, the city secretary shall issue a permit for the drilling, completion and operation of the well applied for.
(Code 1972, § 14-16)
(a)
Whenever it is determined by the city council that a permit applied for under this division should be issued, the council shall prescribe the conditions and standards under which the proposed well is to be drilled and operated. Such conditions and standards shall include insurance and bonding requirements for the permittee, safety rules and regulations to be followed by the permittee, and any other requirements which the council feels should be met in order to protect the health, safety and general welfare of the city and its inhabitants.
(Code 1972, § 14-17)
It shall be unlawful for any person to whom a permit is issued under this article, or any person acting on his behalf or as his agent, servant or employee, to violate or fail or refuse to comply with the terms and conditions prescribed in the permit.
(Code 1972, § 14-18)
It is hereby determined by the council that any well structure, facility or installation regulated by this article shall, if permitted by a permit duly issued and subsisting under this article, in no wise be considered in violation of the zoning ordinance of the city, or to require compliance with the building regulations.
(Code 1972, § 14-19)
A permit issued under this division shall terminate and become inoperative without any action on the part of the city council unless, within 180 days from the date of issuance, actual operations for drilling of the well are commenced.
(Code 1972, § 14-20)
A permit issued under this division may be revoked by the city council whenever any condition or standard prescribed by the permit is violated or whenever, after a public hearing, the council determines that continued operations under such permit would be detrimental to the health, safety or general welfare of the city or its inhabitants.
(Code 1972, § 14-21)