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HomeMy WebLinkAbout2014-3570 - Ordinance - 05/12/2014• 0 ORDINANCE NO. 2014 - 3570_ AN ORDINANCE AMENDING CHAPTER 4, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING SECTION 4-13 "OIL AND GAS REGULATIONS", SUBSECTION A. "DEFINITIONS" AND SUBSECTION F. "PERMIT CLASSIFICATIONS", PART 4 "SEISMIC PERMIT", AS SET OUT BELOW; AND AMENDING CHAPTER 14, "SERVICE FEES", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING SECTION 14-6 "DEVELOPMENT SERVICES", SUBSECTION A. "OIL AND GAS DEVELOPMENT APPLICATION FEES" BY ADDING SUBPART (5) SEISMIC SURVEY PERMIT FEE, AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 4, "BUSINESS REGULATIONS", Section 4-13, "OIL AND GAS REGULATIONS", Subsection A. "Definitions" and Subsection F. "Permit Classifications", Part 4 "Seismic Permit" of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A" and Exhibit "B", attached hereto and made a part of this ordinance for all purposes. PART 2: That Chapter 14, "SERVICE FEES", Section 14-6 "DEVELOPMENT SERVICES", Subsection A. "OIL AND GAS DEVELOPMENT APPLICATION FEES" of the Code of Ordinances of the City of College Station, Texas, be amended by adding Subpart (5) Seismic survey permit fee, as set out in Exhibit "C", attached hereto and made a part of this ordinance for all purposes. PART 3: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 4: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station.. PASSED, ADOPTED and APPROVED this /24 day of /( , 2014. APPROVED: Mayor kir ORDINANCE NO. 2OJ'4 - 3570 ATTEST: :tx,,o,_ City Secret 0 0 • ORDINANCE NO. 20/14- 3570 0 EXHIBIT "A" That Chapter 4, `BUSINESS REGULATIONS", Section 4-13, "OIL AND GAS REGULATIONS", Subsection A. "Definitions" of the Code of Ordinances of the City of College Station, Texas, hereby is amended to read as follows: A. Definitions. Oil and gas industry words or phrases not defined herein shall have the meaning customarily attributable thereto by reasonable and prudent oil and gas industry operators. 1. Abandonment means "abandonment" as defined by the Commission and includes the restoration of the drill site as required by this Ordinance. 2. Approved type and approved design means improvements, equipment, or facilities of a type or design approved by the Commission, Fire Department, or Consultant. 3. Area means the property within a radius of one thousand (1,000) feet of the oil or gas operation. 4. Blowout preventer means a mechanical, hydraulic, pneumatic, or other device or combination of such devices secured to the top of a well casing, including valves, fittings and control mechanisms connected therewith, which can be closed around the drill pipe or other tubular goods to completely close the top of the casing and prevent blowout. 5. Cellar means an excavation around and above the top joint of the well casing. 6. City means the City of College Station, Texas. 7. City Attorney means the City Attorney of the City. 8. City Code means the Code of Ordinances of the City. 9. City Engineer means the City Engineer of the City. 10. City Planner means the City Planner of the City. 11. City Secretary means the City Secretary of the City. 12. Commission means the Texas Railroad Commission. 13. Completion of drilling and re -working means the date work is completed after the thirty (30) day period of drilling or re -working, and the crew is released by completing their work, contract, or by their employer. 14. Consultant means a person familiar with and educated in the oil and gas industry who has been retained by City. 15. Council means the City Council of the City. SORDINANCE NO. 2Di - 3570 • 16. Derrick means any portable framework, tower, mast, or structure required or used in connection with drilling, re -working, operating, or maintaining a well. 17. Desertion means the cessation of the operation at any drill site without compliance with the provisions of this Ordinance relating to suspended operations, idle wells, or abandonment. 18. Disposal well means any well drilled or intended to be drilled, including solutions and liquids containing solids in suspension, produced from any such well. 19. Drilling means any digging or boring of a new well to explore, develop, or produce oil, gas, or other hydrocarbons, or to inject gas, water, or any other fluid or substance into the earth. 20. Drilling equipment means the derrick, all parts and appurtenances to such structure, and every piece of apparatus, machinery, or equipment used, erected, or maintained for use in connection with drilling. 21. Drill site means the premises used during the drilling or re -working of a well located there. 22. Exploration means geologic or geophysical activities, ung excluding seismic surveys, related to the search for oil, gas, or other subsurface hydrocarbons related to a specific operation or oil well. 23. Fire Department means the Fire Department of the City. 24. Fluids means any gas or liquid. 25. Gas means any fluid, either combustible or non-combustible, which is produced in a natural state from the earth and which maintains a gaseous or rarified state at standard temperature and pressure conditions, and/or the gaseous components or vapors occurring in or derived from petroleum or natural gas. 26. Gas well means any well drilled, to be drilled, or used for the intent or actual production of natural gas. 27. High impact area means any residential, administrative, professional, or commercial neighborhood zone where there is an existing residential, administrative, professional, or commercial neighborhood use in the area of the proposed oil or gas operation. 28. Lessee means a person who has executed an oil or gas lease or sublease, or the owner of the land or minerals, or his heirs, who conducts or carries on any oil or gas exploration, development, and operation thereof, or a person conducting the operation for himself or others. 29. Lessor means the owner of surface or mineral rights who has executed a lease. • ORDINANCE NO. 20/4 - 257o • 30. Maintenance means the repair or replacement of any machinery, equipment, apparatus, structure, facility, or parts used in connection with an oil or gas operation, site, drill site, or any other work necessary to reduce fire hazards or hazards to employees, public health, safety, and welfare. 31. New well means a new well bore or new hole established at the ground surface and shall not include re -working of an existing well which is not abandoned. 32. Oil or gas operation means construction, maintenance, or use, of any installation, facility, or structure, directly or indirectly, to carry out or facilitate one (1) or more of the following functions: repair, development, drilling, re -working, production, storage, processing, extraction, enhanced recovery, stimulation, abandonment, or shipping of oil or gas from the subsurface of the earth, including site development. 33. Oil or gas operation site means the physical location where oil or gas operations are conducted. 34. Oil well means any well drilled, to be drilled, or used for the intended or actual production of liquid petroleum or petroleum products or enhanced recovery. 35. Operator means any person drilling, maintaining, operating, pumping, or in control of a well. If the operator 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. If no oil or gas lease exists relating to any premises affected by this article, the owner of the fee estate in the premises shall be deemed an operator. 36. Outer boundary line means a situation in which several contiguous parcels of land in one (1) or different ownerships are operated as a single oil or gas lease or operating unit, or the exterior limits of the land included in a lease or unit. In determining the contiguity of any such parcel, all public rights-of- way crossing through or within the lease boundaries shall be part of the leased tract or unit. 37. Owner means a person who owns the legal or equitable title in and to the surfaces of the drill site or oil or gas operation site. 38. Permit means a drilling permit issued or sought to be issued under this Ordinance authorizing the drilling of an oil or gas well or other oil operations. 39. Permittee means a person to whom is issued a permit authorizing oil or gas operations, and his heirs, administrators, executors, successors, and assigns. 40. Person means both the singular and the plural and means a natural person, corporation, association, guardian, partnership, receiver, trustee, administrator, executor, and fiduciary or representative of any kind. fiv ORDINANCE NO. 20/14- 3570 0 41. Planning and Zoning Commission means the Planning and Zoning Commission of the City. 42. Processing means the use of oil operations for gauging, recycling, compressor repressuring, injection, reinjection, dehydration, stimulation, separation (including but not limited to separation of liquids from gas), shipping and transportation, and gathering oil, gas, other hydrocarbon substances, water or any combination thereof. 43. Project Review Committee (PRC) means a committee composed of the following persons or their designated alternate: Director of Planning, City Engineer, and the Planning and Zoning Commission Chairman. 44. Residence means a house, duplex, apartment, townhouse, condominium, mobile home, or other building used for dwelling purposes. 45. Re -working means reoccupation or re-entry of an existing well within the existing bore hole or by deepening or sidetrack operations which do not extend more than one hundred fifty (150) horizontal feet from the existing well bore, or replacement of well liners or casings. 46. Right-of-way means public rights-of-way including streets, easements, and other property in the City dedicated to public use and benefit. 47. Rural area means an area characterized by open space involving a proposed drill site of not less than twenty-five (25) acres with no operations to be conducted within one thousand (1,000) feet of a residence, hospital, or school. 48. Seismic survey means the geologic or geophysical activities necessary to determine the potential location of subterranean mineral deposits using vibroseis equipment. 49. Seismic source means the device, such as a vibroseis truck or explosives, which generates controlled seismic energy used to perform a seismic survey. 50. Seismic source point means a specific location at which the seismic source device generates controlled seismic energy used to perform a seismic survey. 51. Seismic receiver means the device which receives and records the reflected energy waves from the seismic source points used to perform a seismic survey. 52. Seismic receiver point means the specific location where a seismic receiver receives and records the reflected energy waves from the seismic source points used to perform a seismic survey. 53. Source of ignition means any flame, arc, spark, heated object, or surface capable of igniting liquids, gases, or vapors. 54. Street means any street, highway, sidewalk, alley, avenue, recessed parking area, or other public right-of-way, including the entire right-of-way. ORDINANCE NO. 20/4 -3570 55. Sump or sump pit means an earthen pit, commonly known as a "mud pit," lined or unlined for the discharge of oil field wastes. 56. Tank means a container, covered or uncovered, used to hold or store fluids in conjunction with drilling or production of oil, gas, or other hydrocarbons. 57. Department of Water Resources means the Texas Department of Water Resources. 58. Urban area means any area characterized by business and commercial use, where the proposed drill site is at least three hundred (300) feet from a commercial use as defined by the City Zoning Ordinance. 59. Well means a hole(s) or bore(s) to any horizon, formation, or strata for the purpose of producing any oil, gas, liquid hydrocarbon, brine water, sulphur water, or for use as an injection well for secondary recovery or disposal or production of oil, gas, or other hydrocarbons from the earth. 60. Well servicing means maintenance work performed in any existing well bore which does not involve drilling or re -working. • 0 e 0 ORDINANCE NO. 2D/ ii- - 3570 EXHIBIT "B" That Chapter 4, "BUSINESS REGULATIONS", Section 4-13, "OIL AND GAS REGULATIONS", Subsection F, "Permit Classifications", Part 4 "Seismic Permit" of the Code of Ordinances of the City of College Station, Texas, hereby is amended to read as follows: 4. Seismic survey permit. a. A permit is required for all seismic surveys performed on any property -within the City. b. To obtain a permit, the Operator must submit an application to the City, must pay the permit fee as established by resolution of the City Council, and execute a License Agreement on a form approved by the City Attorney. The City Manager or his/her designee is authorized to negotiate and execute the License Agreement on behalf of the City. c. The term of the permit shall be for a period of one (1) year. d. It is a violation of this ordinance to conduct a seismic survey in the City without a valid, existing Permit and License Agreement with the City. e. Application. The application for a permit will require the following information to be provided by the Operator: (1) Name and address of the Operator. If the Operator is a corporation, the state of incorporation. If the Operator is a limited partnership, the name and address of the general partner(s). (2) Name, address, telephone number, and email address of two individuals who will be the 24-hour emergency contact for the City. (3) Name, address, telephone number, and email address of a point of contact for members of the public and/or media. (4) Seismic Project Route Plan Sheets on 24x36 tax maps that identify all utilities, streets, properties, the location of source points, and the location of receiver points. (5) Traffic Control Plan in compliance with the Texas Manual on Uniform Traffic Control Devices. 0 ORDINANCE NO. 20/11-3570 (6) A list of the type, weight, and specifications of the vibroseis equipment and/or vehicles to be used in the seismic survey. (7) A certificate of insurance evidencing the insurance required under the License Agreement which names the City as an additional insured. (8) A security instrument that secures the Operator's obligations to repair any damage caused by the seismic survey to sidewalks, rights of way, easements, water/sewer/electric infrastructure, or other public property or infrastructure. f. Prohibitions (1) Under no circumstances may explosive charges, including, but not limited to, pentolite or dynamite, be used in any way as a seismic source or related to the preparation and/or operation of conducting a seismic survey in the City, including public and private properties, City Rights -of - Way, and on City -owned properties. (2) Seismic source points shall not be permitted within City Rights -of -Way, or on City -owned properties within City Limits. (3) Clearing trees and vegetation, associated with Seismic survey operations, greater than a one -inch caliper is prohibited in City Rights -of -Way and on any City -owned properties. g. Violations It is a violation of this ordinance to conduct seismic surveys: (1) In the City without a valid, existing Permit and License Agreement with the City; (2) Using pentolite, dynamite, or any other type of explosive; (3) If source point activity encroaches upon the minimum established setbacks; (4) If the peak particle velocity or frequency exceed the allowed parameters pursuant to the License Agreement; Cr ORDINANCE NO. 20/1/ - 3570 (5) Using City Rights -of -Way, or City -owned properties within the City Limits for seismic source points. (6) Using public streets, sidewalks, or drainage ditches for seismic receiver points and/or using other public property without prior written permission from the City; or That violate any of the terms or conditions of the License Agreement. (7) h. Provisions of this Section 13 "Oil and Gas Regulations" shall apply as appropriate, and the Seismic survey permit subsection shall prevail if any conflicts arise. 0 • ORDINANCE NO. 2D/4-3570 _ EXHIBIT "C" That Chapter 14, "SERVICE FEES", Section 14-6 "DEVELOPMENT SERVICES", Subsection A. "OIL AND GAS DEVELOPMENT APPLICATION FEES" of the Code of Ordinances of the City of College Station, Texas, hereby is amended by adding the following: (5) Seismic survey permit fee. 0 0