0880A
ORDINANCE NO.880-AoFFecIAL RECORD
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS ("CITY"), AMENDING
ARTICLE IV "OIL AND GAS WELL DRILLING AND PRODUCTION" OF CHAPTER
9.5 OF THE SOUTHLAKE CITY CODE, REGULATING THE DRILLING AND
PRODUCTION OF OIL AND GAS WELLS WITHIN THE CITY, TO PROVIDE
REVISED REGULATIONS REGARDING DISTANCE, NOISE AND TECHNICAL
PROVISIONS; ADOPTING COMPREHENSIVE PIPELINE REGULATIONS;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING A CUMULATIVE CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas, is a Home Rule Municipality located in Tarrant
County, Texas, created in accordance with the provisions of the Texas Local
Government Code and operating pursuant to the enabling legislation of the
State of Texas; and
WHEREAS, the City Council of the City of Southlake on October 5, 2004, adopted
Ordinance Number 880 regulating gas drilling within the city limits of
Southlake; and
WHEREAS, the City Council appointed a task force to study revisions to the gas drilling
ordinance that would improve the quality of life for citizens that may work
and live near future Drill Sites; and
WHEREAS, the task force recommended an increase in the level of notification to the
citizens of the City of Southlake, additional noise abatement procedures, site
security, signage, and other revisions that will provide additional protections
of surface property rights but continue to allow access to the minerals; and
WHEREAS, the task force also recommended the adoption of comprehensive regulations
governing the installation and operation of pipelines within the City of
Southlake; and
WHEREAS, the City Council finds that the regulation of the development of gas and other
hydrocarbon substances within and under the City is necessary in order to
protect the surface property rights, to protect the owners of mineral rights and
to provide for the orderly exploration, development, and production of gas and
hydrocarbons; and
WHEREAS, the City Council deems it advisable to amend the current regulations for the
drilling, production and re-drilling of gas so that these activities may be
conducted in a manner that protects the public health, safety and welfare of
the citizens of the City of Southlake, conforms with established codes and
Page 1
. regulations while minimizing the potential impact of surface property and
mineral lights owners; and
WHEREAS, around the nation there have been safety-related incidents involving pipelines
and the City Council deems it prudent to adopt standards for such pipelines in
an effort to protect citizens and property from safety-related incidents; and
WHEREAS, the City Council deems it advisable to adopt standards governing the
installation and maintenance of pipelines and, in accordance with Section
121.202 of the Texas Utilities Code, to adopt regulations that establish
"conditions for mapping, inventorying or relocating pipelines over, under,
along, or across a public street or alley or private residential area in the
boundaries of a municipality"; and
WHEREAS, the regulations set forth in Chapter 9.5 of the Southlake City Code shall be
considered the minimum requirements for the installation and maintenance of
pipelines and the development of gas and other hydrocarbon substances within
and under the City and shall not relieve any person from any duty imposed by
law to use reasonable care and precautions for the safeguarding of people and
the protection of and non-interference of property rights; and
WHEREAS, the City Council finds and declares that the regulations contained herein are in
the best interest of the public health, safety and general welfare; and
WHEREAS, sound public policy and land use planning principles dictate that residential
uses be separated from incompatible uses, and that residential tracts of land
not be unreasonably burdened by easements and utility uses that prevent or
hinder the full use and development of such residential uses;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE,TEXAS:
Section 1: The above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
Section 2: Article IV of Chapter 9.5 of the City of Southlake City Code is hereby
amended to read as follows:
Ordinance No. 880 A 2
ARTICLE IV.
DIVISION 1
GENERAL PROVISIONS
9.5-251 Purpose and Intent.
The exploration, development, and production and transportation of oil and gas in the
City are activities that necessitate reasonable regulation to ensure that all property owners, both
mineral and surface, have the right to peaceably enjoy their property and its benefits and
revenues. It is hereby declared to be the purpose of this Article to establish safeguards and
regulations for operations related to the exploring, drilling, producing, transporting and storing of
oil and gas and other substances produced in association with oil and gas production within the
City to protect the health, safety and general welfare of the public, minimize the potential impact
to property owners, both surface and mineral, protect the quality of the environment, and provide
for the orderly development of available mineral resources.
9.5-252 Definitions.
All technical industry words or phrases related to the drilling and production of wells not
specifically defined shall have the meanings customarily attributable thereto by prudent
operators in the oil and gas industry. For the purposes of this Article, the following definitions
shall apply unless the context clearly indicates or requires a different meaning.
Administrator: The City Manager or the City Manager's designated representative assigned
to administer this Article.
Abandonment: "Abandonment" as defined by the Railroad Commission and includes the
plugging of the well and restoration of the Drill Site as required by this Article.
All-weather surface: A surface that consists of a minimum of six inches (6") of compacted
Class II base rock for grades up to and including five percent (5%), oil and screened for grades
up to and including fifteen percent (15%), and asphalt or concrete pavement with a non-skid
finish for grades exceeding fifteen percent (15%) to a maximum of twenty percent (20%) on a
fire apparatus access road.
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.
Applicant: A person requesting a permit or certificate for the drilling, operation and
production of a well, or the installation or operation of a pipeline, as the case may be, is issued
under this Article, including but not limited to the Applicant's heirs, legal representatives,
successors or assigns.
Blowout preventer: A mechanical, hydraulic, pneumatic, or other device or combination of
such devices secured to the top of the well casing, including valves, fittings and control
Ordinance No. 880 A 3
mechanisms connected therewith, which can be closed around the drill pipe or other tubular
goods which completely close the top of the casing and are designed to prevent blow outs.
Base flood. The flood having a one percent (1%) chance of being equaled or exceeded in any
given year.
Building: Any structure used or intended for supporting or sheltering any use or occupancy,
which includes, but not limited to all related site work and placement of construction materials
on the site.
Completion of drilling, re-drilling and re-working: The date the work is completed for
drilling, re-drilling or re-working and the crew is released by completing its work or contracted
by its employer.
Compression facility: Those facilities that compress natural gas after production-related
activities occur.
Construction: Causing or carrying out any building, bulk head, filling, clearing, excavation or
substantial improvement to land or to the size of any structure.
City: The City of Southlake, Texas.
City Council: The City Council of the City of Southlake.
Closed loop mud system: An enclosed suite of solids control equipment used for mud
circulation and intended to minimize drilling fluid dilution to provide for handling of the drilling
wastes so that reserve pits are not used.
Daytime: The period from 7:00 a.m. to 7:00 p.m.
Dedication: A transfer of an interest in real property to the City for purposes of
complying with regulatory requirements, including but not limited to a permanent
easement or fee simple title for a specific purpose.
Derrick: Any portable framework, tower, mast and/or structure that is required or used in
connection with drilling or re-working a well for the production of oil and/or gas.
Drilling: Digging or boring a new well for the purpose of exploring for, developing or
producing oil and/or 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, draw works, power plant, rotary table, pumps, together with
all parts of an apparatus to such structure, every piece of apparatus, machinery or equipment
used in connection with drilling and operations.
Drill Site: Any area used during the drilling, re-drilling or re-working of a well or wells prior
to the reduction and conversion of the area to an Operation Site.
Ordinance No. 880 A 4
Environmentally sensitive area: Either (1) an area under the jurisdiction of the U.S. Army
Corps of Engineers where scientific, ecological, cultural or aesthetic features have been
identified by the Corps of Engineers, or (2) an area designated in the Environmental Resource
Protection Map as identified in the Southlake 2025 Plan, or both.
Established Pipeline corridor: Either (1) an area within a public right-of-way in which City-
owned and/or franchised utilities are already located or within which franchised utilities are to be
located, or (2) a utility easement created to contain either (a) a utility other than a pipeline; or (b)
a pipeline which pre-existed the pipeline under consideration, provided the location of such
pipeline has been approved as part of a Specific Use Permit or a variance has been granted under
this Article; or (3) an easement for a pipeline which was in existence prior to the effective date of
this Article.
Exploration: Geologic or geophysical activities, including but not limited to surveying and
seismic exploration, related to the search for oil and gas or other sub-surface hydrocarbons.
Excavation: Any movement or alteration of the surface of the ground by machinery in
conjunction with or anticipation of drilling activities or construction of a pipeline, including
but not limited to scraping or grading a site.
Filling: Any addition of rock, dirt, soil, or other earthen material in conjunction with or
anticipation of drilling activities or construction of a pipeline, including but not limited to,
disposal of excavated materials.
Floodplain: Any land area susceptible to a general and temporary condition of partial or
complete inundation of normally dry land areas in a base flood from overflow of inland waters or
from the unusual and rapid accumulation or runoff of surface waters from any source, as
designated by the City, the Federal Emergency Management Agency, the U.S. Army Corps of
Engineers, or other regulatory authority.
Frac, fracture or fracturing: The process of fracture stimulation of a rock formation,
including but not limited to the process of pumping sand laden fluids down a well to stimulate a
rock formation.
Franchise: An agreement between a utility provider and the City authorizing such utility to
utilize public rights-of-way for the location of such utility's service lines for the purpose of
providing utility services to the public located within the City.
Franchised Utility: An entity authorized to provide utility services to the City pursuant to a
franchise agreement with the City; provided, however, that such definition shall not extend to
any pipelines or other utility lines which collect or transport gas, hazardous liquids or
chemicals from wells located within the City into a larger pipeline system, regardless of
whether such pipelines are owned by an entity which holds a franchise within the City for
other purposes.
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 at standard temperature and
pressure conditions and/or the gaseous components or vapors occurring in or derived from
Ordinance No. 880 A 5
petroleum or natural gas, and/or any material defined or referred to as "gas" in the rules,
regulations or forms of the Railroad Commission.
Habitable structures: Structures suitable for human habitation or occupation, including
but not limited to single or multifamily residences, hotels, condominium buildings, public
buildings, buildings for commercial or industrial purposes and enclosed spaces in which
individuals congregate for education, worship; amusement, or similar purposes, or in
which occupants are engaged at labor, which is equipped with means of egress, light and
ventilation facilities. Each building of a condominium regime is considered a separate
habitable structure, but if a building is divided into apartments, then the entire building,
not the individual apartments, is considered a single habitable structure. A habitable
structure shall not include accessory buildings, garages and sheds. Any structure for
which a certificate of occupancy is required shall be deemed to be a habitable structure.
Hazardous liquid: Any liquid identified as hazardous by any federal or state law or
regulation, including but not limited to those liquids defined by the Railroad Commission
at 16 Texas Administrative Code, Section 7.80, Definitions, as amended, specifically
including but not limited to, petroleum or any petroleum product, and any substance or
material which is in a liquid state when transported by pipeline facilities and which has
been determined by the United States Secretary of Transportation to pose an unreasonable
risk to life or property when transported by pipeline facilities. The term shall be enlarged
to include liquified natural gas and anhydrous ammonia should such materials at any time
be introduced into any pipeline subject to this Article. It shall also include carbon
dioxide, defined at 49 CFR 192.2 as a fluid consisting of more than ninety percent (90%)
carbon dioxide molecules compressed to a supercritical state.
Hazardous Materials Management Plan: The Hazardous Materials Management Plan and
hazardous materials inventory statements required by the Fire Code.
Idled Pipeline: A pipeline that has been inactive for at least two (2) years, regardless
of whether there may be specific plans to reactivate the pipeline.
Inactive Pipeline: A pipeline that has temporarily been taken out of service for a period
of at least six (6) months for hazardous materials or hazardous liquids, or for a period of
at least one (1) year for natural gas, with the expectation that the pipeline may be
reactivated within two (2) years, even though there may be no specific plans to reactivate
the pipeline.
Inspector: The oil and gas inspector designated by the Administrator.
Line Marker: A marker identifying the location of a buried pipeline, as further defined in 49
CFR 192.707.
New pipelines: Pipelines constructed after the effective date of this Article, provided
that the following shall not be included; (a) the replacement or repair of any existing
pipeline; (b) the realignment of a portion of an existing pipeline to a position that is not
greater than fifty feet (50') from its original position; or (c) surface appurtenances added
to existing pipelines.
Ordinance No. 880 A 6
New well: A new well bore or new hole established at the ground surface and shall not
include the re-working of an existing well that has not been abandoned unless the re-working
involves drilling to a deeper total depth.
Nighttime: The period commencing at 7:00 p.m. and ending at 7:00 a.m.
Operation Site: The area used for development and production of oil and gas and all related
operational activities after drilling activities are complete.
Operations: Activities leading to and supporting the production of oil, gas and/or other
hydrocarbons.
Operator: The person listed on the Railroad Commission Form W-1 or Form P-4 for a well
as the person that is, has applied for, 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 defined herein, for any well is not the lessee of any premises
affected by the provisions of this Article, then such lessee shall also be deemed to be an
Operator. In the event there is no oil and gas lease relating to any premises affected by this
Article, the owner of the fee mineral estate in the premises shall also be deemed an Operator.
Pad site: The area around a well that serves as a foundation for the drilling rig.
Permittee: Any person authorized to act under a permit or a certificate issued by the City.
Person: An individual, firm, corporation, association, partnership, consortium, joint venture,
commercial entity, other non-corporeal legal entity, the United States government, a state, a
municipality, commission, political subdivision or any international or interstate body or any
other governmental entity.
Pipeline: All parts of those physical facilities through which gas, hazardous liquids or
chemicals move in transportation, including but not limited to pipe, valves and other
appurtenance attached to pipe, whether or not laid in public or private easement or public
or private right-of-way within the City, including but not limited to gathering lines,
production lines and transmission lines.
Pipeline or well emergency: A pipeline or well incident in which any of the following
has occurred or is occurring:
(1) Fire or explosion not intentionally initiated by the Operator as part of its
normal and customary operations (in accordance with accepted safety practices).
(2) Release of a gas, hazardous liquid or chemical that could adversely impact
the environment or health of individuals, livestock domestic animals and/or
wildlife within the City.
(3) Death of any person or individual directly attributable to the operations of
the pipeline or well.
Ordinance No. 880 A 7
(4) Bodily harm to any person that results in any of the following: loss of
consciousness, the need to assist a person from the scene of the incident, or the
necessity of medical treatment in excess of first aid.
(5) Damage to private or public property not owned by the well Operator or the
Pipeline Operator, as the case may be, in excess of five thousand dollars and no
cents ($5,000.00) in combined values, as determined by the Administrator.
(6) The rerouting of traffic or the evacuation of buildings.
Pipeline Permit: A permit applied for and issued or denied pursuant to this Article
authorizing the movement of gas, oil, water or other products through a pipeline.
Pipeline Review Committee: A committee, consisting of the City Engineer, Fire
Marshal, Inspector, City Director of Planning and Development Services and, if
necessary, a third-party technical advisor, appointed to seek resolution of any substantive,
non-resolvable technical issues related to the issuance of a pipeline permit.
Pipeline Operator: Any person owning, operating or responsible for operating a
pipeline.
Practicable: That which reasonably may be accomplished, considering the
effectiveness, scientific feasibility and commercial availability of current technology
and/or techniques, and cost, as determined by the Pipeline Review Committee.
Private residential areas: Any area which is within the territorial limits of the City subject to
a temporary or permanent residential or multifamily zoning classification or any area which is
designated as residential or multifamily in the Southlake 2025 Plan, or both.
Railroad Commission: The Railroad Commission of Texas.
Regulated Pipeline: Those pipelines within the City that under federal and state rules
and regulations are not exempt from City regulations and ordinances regarding
construction standards, safety standards or reporting requirements.
Residence: A building used or intended to be used as a place of general abode or dwelling
place.
Road Repair Agreement: A written agreement obligating the Operator to repair damage,
excluding ordinary wear and tear, if any, to public streets, including but not limited to bridges,
caused by the Operator or its employees, agents, contractors, subcontractors or representatives in
the performance of drilling or production of any wells authorized by the City.
Specific Use Permit: A permit recommended by the Planning and Zoning Commission and
authorized by the City Council for the use of land or structures in accordance with the provisions
of section 45 of the Zoning Ordinance.
Ordinance No. 880 A 8
Southlake 2025 Plan: The City of Southlake Comprehensive Master Plan, as amended,
consisting of multiple elements, as adopted by the City Council.
Street: The entire width between the boundary lines of the street right-of-way that is open to
the use of the public for purposes of vehicular travel.
Street right-of-way: Land dedicated by plat, easement or by fee simple, or qualifies as a
prescriptive easement, or prescriptive right-of-way, for the use and construction of a street or
roadway, including any sidewalks and/or adjacent areas included in such dedication.
Structure: Without limitation, any building, or combination of related components
constructed in an ordered scheme that constitutes a work or improvement constructed on or
affixed to land, including but not limited to habitable structures, partially enclosed structures, and
enclosed tanks.
Tank Battery: Point of collection (tanks) and disbursement (tank, meter, lease automated
custody transfer unit) of oil or gas from producing well(s).
Technical Advisor: A person(s) familiar with and educated in the oil and gas industry or the
law as it relates to oil and gas matters who may be retained from time to time by the City.
Unregulated Pipeline: Those pipelines within the City that under federal and state
rules and regulations are exempt from City regulations and ordinances regarding
construction standards, safety standards or reporting requirements.
Well: A hole or bore to any horizon, formation, or strata for the purpose of producing gas, oil,
or other hydrocarbons.
Well Permit: A permit applied for and issued or denied pursuant to this Article authorizing
the drilling, production, and operation of one or more wells.
Workover Operations: Work performed in a well after its completion in an effort to secure
production where there has been none, restore production that has ceased or increase production.
Zoning Ordinance: The Zoning Ordinance of the City of Southlake, Texas, as it may be
amended.
9.5-253 Variance Procedure.
(a) An Operator or Pipeline Operator requesting a permit or other approval required
by this Article may apply for a variance from the requirements of this Article by submitting to
the Director of Planning and Development Services a written request for variance. The request
must include the following, where applicable:
(1) Description of the requested variance and an explanation of why it should be
granted; and
Ordinance No. 880 A 9
(2) Description of alternatives considered and why each is not the preferred
alternative; and
(3) Description of the economic consequences if the variance is not granted; and
(4) Description of how the level of health, safety and welfare of the public will be
maintained if the variance is granted; and
(5) A site plan of the site visually depicting the requested variance if the request for
the variance involves the location or orientation of persons or property; and
(6) A notarized consent for signed by all owners of both the affected surface and
mineral interests.
(b) The Director of Planning and Development Services shall review the application
and may place the variance request on the City Council agenda for consideration. In considering
the variance the City Council may take into account the following:
(1) Whether the operations proposed are safe and reasonable under the circumstances
and conditions prevailing in the area, considering the particular location and the character
of the improvements located there; and
(2) How the operations proposed compare to available alternatives; and
(3) Whether the operations proposed would conflict with the orderly growth and
development of the City; and
(4) The economic consequence if the variance is not granted; and
(5) Whether the operations proposed adequately protect the health, safety and welfare
of the public; and
(6) Whether the operations proposed provide acceptable access for fire personnel and
fire fighting equipment.
(c) In order to be approved, a proposed variance must receive the affirmative vote of
a majority of the members of the City Council then present; provided, however, that with respect
to a variance from the provisions of Division 2, if a proposed variance relates to a pad site for
which a three-fourths vote of all members of the City Council was required pursuant to the
provisions of section 45 of the Zoning Ordinance, in order to be approved, the proposed variance
must then receive the affirmative vote of three-fourths of all members of the City Council,
whether present or not. The details of each action granting or denying the requested variance
shall be recorded and entered in the files of the City Secretary, and the Director of Planning and
Development Services shall forward a letter to the Operator stating whether the City Council has
approved or denied the variance request and listing any conditions placed upon an approval.
Ordinance No. 880 A 10
(d) If within forty-five (45) days of receiving the request for a variance, the Director
of Planning and Development Services does not place the variance request on the agenda for
City Council consideration the variance request shall be deemed approved.
(e) A variance application that accompanies an application for a Specific Use Permit
may be considered with and granted as part of the Specific Use Permit application.
9.5-254 Appeal Procedure.
(a) An Operator, Pipeline Operator or other person adversely affected by a decision
of the Director of Planning and Development Services or the Administrator under this Article
may appeal such decision by filing written notice of such appeal to both the Director of Planning
and Development Services and the Administrator within ten (10) business days of notice of such
adverse decision. The notice of appeal must state the appellant's desire to appeal, the ruling
from which the appellant desires to appeal and the relief or ruling sought. Any such appeal shall
be to the City Council. The City Council, by the affirmative vote of a majority of the members
then present, may affirm, reverse or modify the decision of the Director or Administrator. The
decision of the City Council concerning an appeal under this Article shall be final. The decision
being appealed shall be suspended pending such appeal, unless the Administrator determines that
such suspension endangers the public health and safety, in which case the filing of a notice of
appeal shall not act to suspend the decision of the Administrator.
(b) Any appeal shall be governed by the following rules and procedures:
(1) Such appeal shall be set as an item on the regular City Council agenda.
(2) The appellant shall bear the burden of persuasion that the ruling being appealed is
in error and shall bear the burden of proof on such matter.
(3) No formal testimony or swearing of witnesses shall be required, and the City
Council may consider facts or evidence as the City Council determines is appropriate.
The Director or Administrator shall present the facts and evidence relied upon by the
Director or Administrator and the reasons for the ruling; the appellant shall then have an
opportunity to present the facts and evidence relied upon by the appellant; the City
Council shall then consider any facts or evidence from the public or other interested
persons. The City Council may ask questions of the Director, Administrator, appellant
and any other interested persons as the City Council determines is appropriate. The City
Council may limit the time for any presentation in its sole discretion.
(4) Upon the conclusion of the hearing, the City Council shall then render its
decision. Any appeal shall be determined by majority vote of the members of the City
Council then present.
(5) Written documents or evidence which any party wishes to submit must be filed
with the Director and Administrator and submitted to the City Council no less than three
(3) business days prior to the appeal hearing.
Ordinance No. 880 A 11
(c) No appeal for the same or related issue on the same piece of property shall be
allowed from a previous ruling on any appeal absent a material change of circumstances. If the
appellant asserts such a change of circumstances and seeks rehearing of an appeal, such appeal
need not be considered unless the Applicant presents in writing evidence establishing such
change of circumstances. Any such subsequent appeal shall be considered entirely on its merits
and the peculiar and specific conditions related to the property on which the appeal is brought.
Sections 255 to 259 reserved for expansion.
DIVISION 2
OIL AND GAS WELL DRILLING & PRODUCTION
9.5-260 Specific Use Permit Required.
The drilling and production of gas and/or oil within the City shall only be permitted by
Specific Use Permit in accordance with section 45 of the Zoning Ordinance. A separate Specific
Use Permit shall be required for each pad site, and shall apply to all wells permitted by such
Specific Use Permit on that pad site. All applications for a Specific Use Permit shall be
accompanied by an application fee in the amount set in the City's Fee Schedule. A site plan is
required with the Specific Use Permit application and must include all information required by
sections 40 and 45 of the Zoning Ordinance.
9.5-261 Road Repair Agreement.
A statement of intent to enter into a road repair agreement shall be submitted in
conjunction with the application for Specific Use Permit. The terms of the road repair agreement
must be approved by the City Council as a condition of the Specific Use Permit and signed by
the Operator prior to the issuance of any Specific Use Permit. The Administrator shall have the
authority to execute the road repair agreement on behalf of the City.
9.5-262 Well Permit Required.
(a) No person shall engage in the drilling, production or transportation of oil or gas
within the City without first obtaining a Well Permit.
(b) An application for a Well Permit and, if applicable, a Pipeline Permit must be
filed with the City concurrently with the application for a Specific Use Permit; provided,
however, that the City shall not be required to consider the application for the Well Permit or the
Pipeline Permit unless and until a Specific Use Permit is approved by the City Council and all
applicable regulations of this ordinance and all other applicable city, state or federal regulations
are met.
(c) When a Well Permit has been issued, the permit shall constitute authority for the
drilling and production of oil and gas in accordance with the limitations set forth in this Article.
The laying of pipelines shall require separate permitting in accordance with Division 3 of this
Article.
Ordinance No. 880A 12
(d) An original Well Permit shall not constitute authority for the re-entering and
drilling of an abandoned well. Re-entry and drilling of an abandoned well shall require a new
Well Permit.
(e) In addition to obtaining a Well Permit and before establishing a Drill Site and
access road, the Operator must obtain all other necessary permits, including an earth disturbance
permit from the building services department. The Operator shall also be required to
demonstrate compliance with the City's Tree Preservation Ordinance, Ordinance No. 585-C, as
amended,.
9.5-263 Seismic Survey Permit Required.
(a) A separate seismic survey permit shall be required for all seismic surveys. The
Operator conducting the seismic survey shall complete and submit a seismic survey application
to the City containing, at a minimum, the following information:
(1) Operator name, phone number, facsimile transmission number, address, and, if
available, email address; and
(2) If the Operator is a corporation or other non-corporeal entity, the state of
incorporation or organization; or if the Operator is a partnership, the names and addresses
of the general partners; and
(3) Location of seismic survey; and
(4) Date and time the seismic survey will be conducted; and
(5) Detailed explanation of the seismic survey method to be used on site; and
(6) Date and time the seismic survey will be completed; and
(7) Identification of all staging areas; and
(8) Evidence or documentation that the activity will adhere to the requirements of the
City's Tree Preservation Ordinance No. 585-C, as it may be amended.
(b) Under no circumstances may explosive charges, including but not limited to the
use of dynamite, be used to conduct a seismic survey. In addition, the seismic survey activity
shall be conducted in accordance with all applicable City ordinances.
(c) A fee in the amount set in the City's Fee Schedule must accompany each seismic
survey permit application.
92.-264 Application and Review of Well Permit.
(a) Every application for a Well Permit shall be in writing, signed by the Operator or
person duly authorized to sign on the Operator's behalf, and filed with the Department of
Planning and Development Services. A separate application is required for each well bore.
Ordinance No. 880 A 13
(b) Each Well Permit application shall contain the following information:
(1) The date of the application; and
(2) An accurate legal description of the property to be used for the oil and/or gas
operation, the parcel, the production unit and name of the geologic formation as used by
the Railroad Commission. Property recorded by plat should be referenced by subdivision,
block and lot numbers, as applicable; and
(3) If a Specific Use Permit has been approved for the proposed oil and gas operation,
a list of all requirements set forth in the Specific Use Permit ordinance and a written
summary of how those requirements will be met; and
(4) A map showing the proposed transportation route identifying all public and
private roads/routes intended for use within the territorial limits of the City, which
transportation route must be consistent with the requirements of the Specific Use Permit;
and
(5) The proposed well name(s); and
(6) The surface owner name(s), phone number(s), address(es), and, if possible, email
address(es); and
(7) The mineral lessee name(s), phone number(s), address(es), and, if possible, email
address(es); and
(8) Operator name, phone number, facsimile transmission number, address, and, if
available, e-mail address; and
(9) If the Operator is a corporation or other non-corporeal entity, the state of
incorporation or organization; or if the Operator is a partnership, the names and addresses
of the general partners; and
(10) Name, phone number, address, and, if possible, email address of the individual
designated to receive notice on behalf of the Operator; and
(11) Name of representative with supervisory authority over all oil and/or gas
Operation Site activities and a twenty-four (24) hour phone number; and
(12) Owner and address of each parcel of property within one thousand feet (1,000,)
of the proposed Drill Site; and
(13) A Site Plan of the proposed Drill Site and Operation Site depicting the height,
size, bulk and location of all structures and equipment, including but not limited to all
security cameras, lighting, utilities and the floodplain, and the location and description of
Ordinance No. 880 A 14
all improvements, structures, utilities and floodplain areas within one thousand feet
(1000') of the proposed Drill Site; and
(14) The name, address and twenty-four (24) hour phone number of the person to be
notified in case of an emergency; and
(15) The exact acreage and number of wells included in the permit application; and
(16) Copies of all reports required by the Railroad Commission, specifically, including
a copy of the approved Railroad Commission Form W-1 and/or P-4; and
(17) A signed statement of intent to execute a Road Repair Agreement with the City as
provided in this Article, or, if a Specific Use Permit has already been approved for the
pad site and a Road Repair Agreement signed, a copy of the Specific Use Permit and
signed Road Repair Agreement; and
(18) A description of all fuel sources to be used at the proposed drill and Operation
Site, including but not limited to all public utilities needed during drilling and operation;
and
(19) A description of the water source to be used during well fracturing, drilling and/or
operations; and
(20) A copy of the approved Railroad Commission permit to drill, including
attachments and survey plats that are applicable to the drill and/or Operation Sites; and
(21) A storm water pollution prevention plan complying with all requirements of the
City; and
(22) A tree protection plan complying with all requirements of the City, or, if a
Specific Use Permit has already been approved for the pad site, a copy of the tree
protection plan previously approved; and
(23) An erosion control plan complying with all requirements of the City, or, if a
Specific Use Permit has already been approved for the pad site, a copy of the Specific
Use Permit and erosion control plan previously approved; and
(24) A Hazardous Materials Management Plan complying with all requirements of the
City, or, if a Specific Use Permit has already been approved for the pad site, a copy of the
Hazardous Materials Management Plan previously approved; and
(25) A all material safety data sheets (MSDSs) detailing the hazardous materials that
will be located, stored, transported and/or used at the Drill Site shall be provided to the
Inspector and Fire Marshal; and
Ordinance No. 880 A 15
(26) An emergency response plan complying with all requirements of the City, or, if a
Specific Use Permit has already been approved for the pad site, a copy of the emergency
response plan previously approved; and;
(27) A noise management plan complying with all requirements of the City, prepared
by a noise control engineer or other qualified person approved by the Inspector, for any
equipment used in the drilling, completion or production of a well as required in section
9.5-273, hereof, or, if a Specific Use Permit has already been approved for the pad site, a
copy of the noise management plan previously approved; and;
(28) A signage plan complying with all requirements of the City for both the Drill Site
and pipelines, or, if a Specific Use Permit has already been approved for the pad site, a
copy of the signage plan previously approved; and
(29) A Screening, Fencing and Landscape Plan detailing compliance with all
landscape and screening requirements required by City ordinance, measures to be taken
to adequately irrigate all landscaping, including indicating the water source for irrigation,
and the proposed efforts to replace dead or dying screening vegetation, or, if a Specific
Use Permit has already been approved for the pad site, a copy of the Screening, Fencing
and Landscape Plan previously approved; and
(30) A fully executed third-party landscape maintenance agreement detailing the
frequency and scope of the landscaping services to be provided; and
(31) A copy of the determination by the Texas Commission on Environmental Quality
of the depth of useable quality ground water; and
(32) Evidence of insurance and security meeting the minimum levels established by
this Article; and
(33) All materials required pursuant to Division 3 of this Article governing pipeline
installation and safety; and
(34) A copy of all applicable right-of-way encroachment agreements; and
(35) A dust mitigation plan detailing measures to be implemented to mitigate and
suppress dust generated at the Drill Site and the private vehicle access route, or, if a
Specific Use Permit has already been approved for the pad site, a copy of the dust
mitigation plan previously approved; and
(36) A public education plan complying with the requirements of this Article, or, if a
Specific Use Permit has already been approved for the pad site, a copy of the public
education plan previously approved; and
(37) A description of how the proposed operations are consistent with and adhere to
the Southlake 2025 Plan; and
Ordinance No. 880 A 16
(38) A detailed evacuation plan addressing the evacuation strategy for a public or
private school, hospital or daycare facility if any such facility will be located within one
thousand feet (1,000,) of the proposed Drill Site, or, if a Specific Use Permit has already
been approved for the pad site, a copy of the evacuation plan previously approved; and
(39) A waste management plan that addresses human, solid and drilling production
waste, or, if a Specific Use Permit has already been approved for the pad site, a copy of
the dust waste management plan previously approved.
(c) All applications for a Well Permit shall be accompanied by an application fee in
the amount set in the City's Fee Schedule.
(d) If the application for a Well Permit is approved, prior to a permit being issued, the
Operator shall deposit with the City the sum of fifteen thousand dollars and no cents
($15,000.00) for each pad site containing a Well Permit application approved. The funds shall
be maintained by the City in an interest-bearing account from which the City may reimburse
itself for the actual administrative expenses, consulting fees, contracting fees or the funding of
Inspector position(s). All interest earned shall be credited to the fund balance or refunded to the
Operator if and when the minimum balance is achieved. The City shall invoice and notify the
Operator, in writing of any deduction from the application fund and within fifteen (15) days of
receipt thereof, the Operator shall pay to the City for deposit into the fund the amount necessary
to return the balance to fifteen thousand dollars and no cents ($15,000.00). The Operator may
appeal any charge assessed against the fund by filing an appeal as provided in this Article. If the
Operator fails to maintain the fund as required by this Section, such failure shall constitute a
violation of this Article, and the Administrator may suspend or revoke the Well Permit and the
City may pursue all remedies provided in this Article for such violation. Upon completion of all
drilling activities, final inspection and approval by the City of a restored site, and fulfillment by
the Operator of all of Operator's obligations under this Article, the City shall return any
remaining account balance to the Operator or the Operator's approved assign.
(e) No Well Permit shall be issued if the proposed activities are not in conformance
with the approved Specific Use Permit and associated site plan, provisions of this Article, the
Building Code, Fire Code and all other applicable City ordinances.
(f) Each Well Permit issued by the City shall state the following:
(1) The name of the well and its Operator; and
(2) The date on which the City issued each permit; and
(3) The date by which drilling must commence; and
(4) That if drilling is commenced on the well covered by the permit before the permit
expires, the permit shall continue until the well covered by the permit is abandoned and
the site restored; and
Ordinance No. 880 A 17
(5) By reference, the indemnity, insurance and security requirements set forth in this
Article; and
(6) That no drilling operations (including the construction of internal private access
roads) shall commence until the Operator has provided such information;
(7) By reference, the requirement for periodic reports; and
(8) By reference, the conditions of the applicable Development Plan, and/or Specific
Use Permit; and
(9) By reference, the information contained in the permit application; and
(10) By reference, the applicable rules, and regulations of the Railroad Commission,
including the applicable "field rules;" and
(11) The name, address and phone number of the person designated to receive notices
from the City; and
(12) By reference, all permits and fees required by the City.
(g) A decision to deny an application for a Well Permit shall be provided to the
Operator in writing, including the reason for the decision. The Operator may appeal any such
denial to the City Council as provided in this Article.
(h) If an application for a Well Permit is denied, nothing herein contained shall
prevent a new application from being submitted to the City for the same well. A new application
fee is not required if the application is denied without prejudice. Applications denied with
prejudice must be accompanied by a new application fee upon reapplication.
(i) If the application for a Well Permit is approved and a permit is issued, the
Operator shall file notice in the Tarrant County real property records indicating the physical
location of the permitted Drill Site and the well/bore hole.
0) A Well Permit shall automatically expire one (1) year after the date of issuance of
such permit if drilling has not commenced on the well covered by the permit within such period,
provided, however, that the Administrator may grant a one (1) year extension of time if existing
conditions have not changed and an application for extension is filed with the Administrator
prior to expiration of the initial permit. If a Well Permit expires, the Operator must file a new
application for a new Well Permit as provided in this Division.
9.5-265 Oil and Gas Inspector.
(a) The Administrator shall designate the Inspector(s) who shall enforce the
provisions of this Article. The Inspector shall have the authority to issue any orders or directives
required to carry out the intent and purpose of this Article and its particular provisions. Failure of
any person to comply with any such lawful order or directive shall constitute a violation of this
Article.
Ordinance No. 880 A 18
(b) The Inspector and Fire Marshal shall have the authority to enter and inspect any
premises covered by the provisions of this Article to determine compliance with the provisions
of this Article and all applicable laws, rules, regulations, standards or directives of the state.
Failure of any person to permit lawful access to the Inspector or Fire Marshal shall constitute a
violation of this Article.
(c) The Inspector shall conduct inspections of all permitted wells in the City to
determine compliance with this Article and all regulations of the Railroad Commission.
(d) The Inspector and/or Administrator shall have the authority to request and receive
any records, including any records sent to the Railroad Commission, logs and reports relating to
the status or condition of any permitted well related to the health, safety and operations of the
well. Failure of any person to provide any such requested material shall be a violation of this
Article.
9.5-266 Operator's Agent.
Every Operator of any well shall designate an agent, who is a resident of the state of
Texas, upon whom all orders and notices provided in this Article may be served in person or by
registered or certified mail. Every Operator so designating such agent shall within ten (10)
business days notify the City Secretary in writing of any change in such agent or such mailing
address unless operations within the City are discontinued.
9.5-267 Insurance and Indemnification.
The Operator shall provide or cause to be provided the insurance described below for
each well for which a Well Permit is issued, and shall maintain such insurance until the well is
abandoned and the site restored. The Operator must provide to the City sufficient documentation
that the Operator's insurance complies with the minimum requirements and coverage amounts of
this section before the Well Permit may be issued.
(a) Indemnification and Express Negligence Provisions:
Each Well Permit application issued by the City shall include the following
language and regardless of whether such language is actually included in the Well Permit
application, it shall be deemed to be included therein: OPERATOR DOES HEREBY
EXPRESSLY AND IRREVOCABLY RELEASE AND DISCHARGE ALL CLAIMS,
DEMANDS, ACTIONS, JUDGMENTS AND EXECUTIONS OF ANY AND ALL
KINDS WHICH IT OR ITS SUCCESSORS OR ASSIGNS EVER HAD, OR NOW HAS
OR MAY HAVE, OR CLAIMS TO HAVE, AGAINST THE CITY OF SOUTHLAKE,
TEXAS, ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, EMPLOYEES,
SPONSORS OR VOLUNTEERS, THE INSPECTOR, AND EACH OF THEIR
RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND
ASSIGNS (THE CITY OF SOUTHLAKE, TEXAS AND ALL OTHER FOREGOING
PARTIES BEING HEREIN REFERRED TO COLLECTIVELY AS THE
"INDEMNIFIED PARTIES") CREATED BY OR ARISING OUT OF PERSONAL
INJURIES, KNOWN OR UNKNOWN, OR INJURIES TO PROPERTY, REAL OR
PERSONAL, OR IN ANY WAY INCIDENTAL TO OR IN CONNECTION WITH
Ordinance No. 880 A 19
THE PERFORMANCE OF THE WORK PERFORMED BY THE OPERATOR UNDER
A WELL PERMIT. OPERATOR AGREES TO FULLY DEFEND, PROTECT,
INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES 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 BY THE
INDEMNIFIED PARTIES CAUSED BY OR ARISING OUT OF, INCIDENTAL TO,
OR OTHERWISE IN CONNECTION WITH ANY WORK PERFORMED BY
OPERATOR UNDER A WELL PERMIT, INCLUDING WITHOUT LIMITATION,
PERSONAL INJURIES AND DEATH IN CONNECTION THEREWITH WHICH
MAY BE MADE OR ASSERTED BY OPERATOR OR OPERATOR'S AGENTS,
ASSIGNS OR ANY THIRD PARTIES. OPERATOR AGREES TO FULLY DEFEND,
PROTECT, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES
FROM ANY CLAIMS, LIABILITIES OR DAMAGES SUFFERED AS A RESULT OF
CLAIMS, DEMANDS, COSTS OR JUDGMENTS AGAINST THE INDEMNIFIED
PARTIES, CREATED BY OR ARISING OUT OF THE ACTS OR OMISSIONS OF
THE CITY OF SOUTHLAKE OR ANY OF THE OTHER INDEMNIFIED PARTIES,
OCCURRING ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND
SCOPE OF INSPECTING AND PERMITTING THE OIL AND GAS WELLS,
INCLUDING, BUT NOT LIMITED TO CLAIMS, LIABILITIES AND DAMAGES
ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF ANY OF
THE INDEMNIFIED PARTIES, INCLUDING THE SOLE NEGLIGENCE OF
ANY INDEMNIFIED PARTY, OCCURRING IN THE COURSE AND SCOPE OF
PERMITTING OR INSPECTING THE WELLS, PAD SITES, PIPELINES AND
OTHER AREAS INVOLVED IN OPERATOR'S ACTIVITIES. 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 OF SOUTHLAKE, TEXAS AND THE
OTHER INDEMNIFIED PARTIES FROM THE CONSEQUENCES OF THE
NEGLIGENCE OF ANY OF THE INDEMNIFIED PARTIES, WHETHER THAT
NEGLIGENCE IS THE SOLE OR A CONTRIBUTING CAUSE OF THE
RESULTANT INJURY, DEATH AND/OR DAMAGE. THE FOREGOING IS NOT
INTENDED TO REQUIRE THE OPERATOR TO INDEMNIFY THE INDEMNIFIED
PARTIES FROM THE INDEMNIFIED PARTIES' GROSS NEGLIGENCE OR
INTENTIONAL HARM, IRRESPECTIVE OF WHETHER THAT GROSS
NEGLIGENCE OR INTENTIONAL HARM IS THE SOLE OR A CONTRIBUTING
CAUSE OF THE RESULTANT INJURY, DEATH AND/OR DAMAGE.
(b) General provisions regarding insurance:
(1) All policies shall be endorsed to read substantially as follows: "This policy will
not be cancelled or non-renewed without thirty (30) days advanced written notice to the
owner and the City of Southlake, Texas, except when this policy is being cancelled for
nonpayment of premium, in which case ten (10) days advance written notice to both such
parties is required."
Ordinance No. 880 A 20
(2) Liability policies shall be written by: (i) carriers licensed to do business in Texas
and with companies with at least an "A" rating issued by the A.M. Best Company.
(3) Liability policies shall name as "Additional Insured" the City and the other
Indemnified Parties as defined in this Article. Waivers of subrogation shall be provided
in favor of all Indemnified Parties.
(4) The Operator shall present to the City copies of the pertinent portion of the
insurance policies evidencing all coverage and endorsements required by this section
before the issuance of the Well Permit, and the acceptance by the City of a policy without
the required limits and/or coverage shall not be deemed a waiver of these requirements.
The City may, in its sole discretion, accept a certificate of insurance in lieu of a copy of
the pertinent portion of the policy pending receipt of such document by the City. After
the issuance of the Well Permit, the City may require the Operator to provide a copy of
the most current insurance coverage and endorsements for review at any time. An
administration fee in the amount set in the City's Fee Schedule will be charged to cover
the cost of such review.
(5) Claims-made policies shall not be accepted except for excess policies and
Environmental Impairment (or Seepage and Pollution) policies.
(c) Required Insurance Coverage:
(1) Commercial or Comprehensive General Liability Insurance:
a. Bodily injury and property damage coverage shall be a minimum
combined single limit of ten million dollars and no cents ($10,000,000.00) per
occurrence with an annual general aggregate coverage of twenty million dollars
and no cents ($20,000,000.00). This coverage must include premises, operations,
blowout or explosion, products, completed operations, blanket contractual
liability, underground property damage, underground reservoir (or resources)
damage, broad form property damage, independent contractor's protective
liability and personal injury.
b. Underground reservoir (or resources) damage coverage shall be on an
occurrence basis, shall not be limited to sudden and accidental occurrences, shall
not have a discovery or reporting limitation and shall not exclude damage to water
tables, formation or strata.
C. Environmental impairment (or seepage and pollution) coverage shall be
either included in the comprehensive general liability coverage or as separate
coverage. Such coverage shall not exclude damage to the lease site. If
environmental impairment (or seepage and pollution) coverage as written on a
"claims made" basis, the policy must provide that any retroactive date applicable
precedes the effective date of the issuance of the permit. Coverage shall apply to
sudden and accidental pollution conditions resulting from the escape or release of
smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, oil and gas, waste
material, or other irritants, contaminants or pollutants. Such policy shall provide
Ordinance No. 880 A 21
for a minimum combined single limit coverage of ten million dollars and no cents
($10,000,000.00) per occurrence. A discovery period for such peril shall not be
less than ten (10) years after the occurrence.
(2) Automobile Liability Insurance: Minimum combined single limit of ten million
dollars and no cents ($10,000,000.00) per occurrence for bodily injury and property
damage. Such coverage shall include owned, non-owned and hired vehicles.
(3) Worker's Compensation Insurance: In addition to the minimum statutory
requirements, coverage shall include Employer's Liability limits of at least one million
dollars and no cents ($1,000,000.00) for each accident, one million dollars and no cents
($1,000,000.00) for each employee, and one million dollars and no cents ($1,000,000.00)
for occupational disease, and the insurer shall agree to waive rights of subrogation against
the City, its departments, agents, officers, servants, employees, sponsors and volunteers,
the Inspector, and each of their respective heirs, personal representatives, successors and
assigns, for any work performed for the City by the Operator.
(4) Excess (or Umbrella) Liability Insurance: Minimum limit of ten million dollars
and no cents ($10,000,000.00) providing excess coverage for each of the perils insured by
the preceding liability insurance policies.
(5) Control of Well Insurance:
a. Minimum limit of ten million dollars and no cents ($10,000,000.00) per
occurrence, with a maximum deductible of two hundred and fifty thousand dollars
and no cents ($250,000.00) per occurrence.
b. Policy shall cover the cost of controlling a well that is out of control, re-
drilling or restoration expenses, and seepage and pollution damage. Damage to
property in the Operator's care, custody and control with a sub-limit of five
hundred thousand dollars and no cents ($500,000.00) may be added.
95-268 Security.
(a) The Operator shall file with the City a cash bond in the amount of two hundred
thousand dollars and no cents ($200,000.00) covering each pad site before the issuance of the
Well Permit for the well.
(b) As to each well, the cash bond shall secure the obligations of the Operator to:
(1) Comply with the road repair agreement and the insurance provisions set forth in
this Article; and
(2) Pay fines and penalties imposed upon the Operator by the City for any breach of
the Well Permit, this Article, or the Zoning Ordinance if the Operator fails to pay such
fines or penalties within fifteen (15) days of the assessment of such fines or penalties; and
(3) Comply with the conditions of the applicable Specific Use Permit; and
Ordinance No. 880 A 22
(4) Comply with the performance obligations of this Article, including but not limited
to the screening requirements.
95-269 Periodic Reports.
(a) The Operator shall notify the City of any change to the following information
within one (1) business day after the change occurs:
(1) The name, address or phone number of the Operator; or
(2) The name, address or twenty-four (24) hour phone number of the person(s) with
supervisory authority over drilling, production or operations activities; or
(3) The name, address or phone number of the person designated to receive notices
from the City; or
(4) The Operator's Emergency Action Response Plan including "drive-to maps" from
public rights-of-way to each area covered by the applicable Specific Use Permit and
associated site plan.
(b) The Operator shall provide a copy of any "incident reports" or written complaints
submitted to the Railroad Commission or any other state or federal agency within fifteen (15)
days after the Operator has notice of the existence of such reports or complaints.
(c) Beginning on December 31St after each well is completed, and continuing on each
December 31 st thereafter until the Operator notifies the City that the well has been abandoned
and the site restored, the Operator shall prepare a written report to the City identifying any
changes to the information that was included in the application for the applicable Well Permit
that has not been previously reported to the City. In addition, the annual report shall include
copies of all internal reports responses to a pipeline or well emergency, copies of operations and
maintenance logs and a copy of the emergency action plan, if updated.
9.5-270 Amended Well Permits.
(a) An Operator must submit an application to the City's Planning and Development
Services Department to amend an existing Well Permit in order 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 in any manner. The Director of
Planning and Development Services shall review the proposed amendment to determine if an
amendment to the applicable Specific Use Permit shall be required. If the Director of Planning
and Development Services determines that an amendment to the applicable Specific Use Permit
is also required, the application for an amended Well Permit shall be processed as a new Well
Permit application and shall include all application materials and the appropriate fee for new
Well Permit applications set forth in the City's Fee Schedule and an amendment to the applicable
Specific Use Permit shall also be required.
Ordinance No. 880 A 23
(b) Applications for amended Well Permits shall be in writing on forms provided by
the City and signed by the Operator, and shall include the following:
a. An application fee, which shall be non-refundable regardless of the
outcome of the application, in the amount set in the City's Fee Schedule; and
b. A description of the proposed amendments; and
c. Any changes to the information submitted with the application for the
current Well Permit (if such information has not previously been provided to the
City); and
d. Such additional information as is reasonably required by the Inspector or
the Administrator to demonstrate compliance with the applicable Specific Use
Permit and associated site plan and the provisions of this Article; and
e. Such additional information as is reasonably required by the Inspector or
the Administrator to prevent imminent destruction of property or injury to
persons.
(c) If, in the judgment of the Administrator or the Inspector, the activities proposed
by the amendment require an inspection, an inspection fee in the amount set in the City's Fee
Schedule shall be charged. In such event, the Operator must pay such inspection fee before the
amended Well Permit will be processed further.
(d) Incomplete applications shall not be accepted for filing and shall be returned to
the Operator within thirty (30) business days. The City shall return any application as
incomplete if there is a dispute pending before the Railroad Commission regarding the
determination of the Operator or where the Operator is in violation of any federal, state or local
regulation with respect to the proposed activities covered by the application.
(e) If the activities proposed by the amendment are materially different from that
previously approved by the City, and, in the judgment of the City or the Inspector, 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, or the applicable Specific Use Permit, the amendment shall be processed as a
new Well Permit application and an amendment to the applicable Specific Use Permit shall be
required.
(f) A decision to deny an amendment to a Well Permit shall be provided to the
Operator in writing, including an explanation of the basis for the decision. The Operator may
appeal any such denial to the City Council as provided in this Article.
(g) No amended Well Permit shall be issued if the proposed activities do not conform
to the approved Specific Use Permit and associated site plan, and comply with all applicable
governmental of ordinances and regulations.
9.5-271 Transfer of Well Permits.
Ordinance No. 880 A 24
(a) A Well Permit may be transferred upon written request by the Operator with the
consent of the City upon compliance with the following conditions:
(1) If the transferee agrees to be bound by the terms and conditions of the current
Well Permit, road repair agreement and demonstrates compliance with the pipeline
regulations set forth in Division 2 of this Article; and
(2) If all information previously provided to the City as part of the current Well
Permit application is updated to reflect any changes; and
(3) If the transferee provides the insurance and security required by this Article and
otherwise complies with all applicable governmental ordinances and regulations.
(b) The insurance and security provided by the transferor shall be released if consent
of the City to such transfer, provided, however, that the transfer shall not relieve the transferor
from any liability to the City arising out of any activities conducted prior to the transfer, and the
City may retain all or a portion of any insurance and security if the Administrator determines that
any facts exist which would, in the Administrator's opinion, create the likelihood of liability
secured by such insurance or security for such prior activities.
9.5-272 On-site Operation Requirements.
(a) It shall be unlawful to drill a well, or to re-drill, deepen, re-enter, activate or
convert any abandoned well, the center of which, at the surface of the ground, is located within
one thousand feet (1,000') from any habitable structure, or from the property line of any occupied
public or private school or hospital.
(b) All distance in (a) above, shall be measured from the proposed well bore in a
straight line, without regard to intervening structures or objects, to the closest exterior point of
the habitable structure.
(c) The Operator shall install erosion control measures in compliance with the plan
approved by City Council as a condition of the Specific Use Permit, all applicable City
ordinances and all requirements of the Public Works Department.
(d) A Drill Site or Operation Site may only be allowed in a floodplain with the
approval of the City and, where applicable, the U.S. Army Corps of Engineers.
(e) The Operator shall keep all gates to the drill, production, and Operation Site
locked at all times that the Operator or the Operator's employees are not within the enclosure. A
"Knox Padlock" or a "Knox Box with a key" shall be provided to the Fire Chief to access the
Drill Site to be used only in case of an emergency.
(f) The Operator shall construct all facilities used for parking, loading, unloading,
driveways, and other vehicular access areas of concrete, unless an alternative material is
approved by the City Council as a condition of a Specific Use Permit or an approved variance.
The Operator shall maintain the surface for such facilities and drive approach in good condition
Ordinance No. 880 A 25
and repair and meet the minimum requirements set forth in the Fire Code approved by the City
Council, as amended. The pad site is not required to be constructed of concrete or asphalt.
(g) The Operator shall install and maintain a temporary chain-link fence with all-
weather screening fabric and secured entrance gate, both at least eight feet (8') in height around
the entire Drill Site to secure the drilling site and obscure view of the drilling activities. In
addition to the foregoing, the Operator shall also be required to comply with the screening
requirements set forth in the Zoning Ordinance.
(h) A masonry perimeter wall of a minimum of eight feet (8') in height shall be
required to enclose and visually screen the well and all associated equipment during post-drilling
operations. Such wall must be completed within sixty (60) days of completion of drilling of the
first well on the site. The masonry perimeter wall shall have an architectural metal gate that shall
remain locked when the Operator or Operator's employees are not within the enclosure. In
addition to the foregoing, the Operator shall also be required to comply with the screening
requirements set forth in the Zoning Ordinance.
(i) An eight foot (8) high chain link fence with barbed wire or similar device as
approved by City Council, shall be installed around all equipment on the pad site and interior to
the masonry screening wall.
0) The City Council may modify the screening requirements set forth in paragraphs
(g) - (i) as a condition of any Specific Use Permit.
(k) No refining process or any process for the extraction of hydrocarbon products
shall be performed at a Drill Site or Operation Site, except that a horizontal separator may be
maintained for the separation of liquids from oil and gas. Any such separator may serve more
than one (1) well. All production equipment on an Operation Site shall be maintained in good
working order at all times.
(1) No person shall place, deposit or discharge or cause or permit to be placed,
deposited or discharged any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, refuse,
wastewater, brine or hazardous substance from any production operation or the contents of any
container used in connection with any production operation in, into or upon any public right-of-
way, storm drain, ditch or sewer, sanitary drain or sewer, any body of water, or any private
property in the City.
(m) The Operator shall provide and maintain in good working order all fire
suppression and prevention equipment required by any applicable federal, state or local law, or
the Operator's emergency response plan, at the Operator's cost. The Operator shall keep
adequate foam fire suppressant equipment and supplies at each Drill Site.
(n) No Operator shall excavate or construct any lines for the conveyance of fuel,
water, oil, oil and gas or petroleum liquids on, under or through the streets, alleys or other
properties owned by the City without an easement or right-of-way license from the City, at a
price to be agreed upon, and then only in strict compliance with this Article, other City
ordinances, and all requirements of the Department of Public Works.
Ordinance No. 880 A 26
(o) No person may dig up, break, excavate, tunnel, undermine, break up, damage any
public street or leave upon any public street any earth, or other material or obstruction without
prior written permission from the City, and then only in compliance with this Article, other City
ordinances, and all requirements of the Department of Public Works.
(p) No Well Permit shall be issued for any well to be drilled within any of the public
rights-of-way of the City and/or future streets shown on the Master Thoroughfare Plan. No street
shall be blocked or encumbered or closed due to any exploration, drilling or production activities
unless prior consent is obtained from the City, and then only temporarily.
(q) Annual Meeting with City Required. Each Operator shall meet annually with
representatives of the City to review emergency response plans. These reviews shall be in accord
with U.S. Department of Transportation and Railroad Commission requirements and the
Operator will:
(1) Furnish or update a copy of the Emergency Response Plan; and
(2) Review the responsibilities of each governmental organization in response to an
emergency or incident; and
(3) Review the capabilities of the Operator to respond to an emergency or
incident; and
(4) Identify the types of emergencies or incidents that will result in or require
contacting the City; and
(5) Plan mutual activities that the City and the Operator can engage in order to
minimize the risks associated with well operation.
(r) Blowout prevention. In all cases, the Operator shall install and utilize blowout
prevention equipment on all wells being drilled, worked-over or in which tubing is being
changed. Protection shall be provided to prevent blowout during oil and/or gas operations as
required by and in conformance with the requirements of the Railroad Commission and the
recommendations of the American Petroleum Institute. The Operator must equip all drilling
wells with adequate blowout preventors, flow lines and valves commensurate with the working
pressures involved as required by the Railroad Commission.
(s) Chemical and materials storage. The Operator shall store all chemicals and/or
hazardous materials in such a manner as to prevent, contain and facilitate rapid remediation and
cleanup of any accidental spill, leak or discharge of a hazardous material. The Operator shall
maintain all material safety data sheets (MSDSs) for all hazardous materials on site. The
Operator shall comply with all applicable federal and state regulatory requirements for the proper
labeling of containers. The Operator shall take all appropriate pollution prevention actions
including but not limited to raising chemical and materials and bulk storage (e.g., placing such
materials on wooden pallets), installing and maintaining secondary containment systems, and
providing adequate protection from storm water and weather elements.
Ordinance No. 880 A 27
(t) Closed Loop Mud Systems. The Operator shall install and use a Closed Loop Mud
System instead of lined reserve pits.
(u) Disposal Well. No saltwater or other type of disposal well shall be permitted.
(v) Drilling. No air, gas or pneumatic drilling shall be permitted.
(w) Drilling Fluids. Low toxicity glycols, synthetic hydrocarbons, polymers and
esters shall be substituted for conventional oil-based drilling fluids.
(x) Drilling fluid storage pit. No drilling fluid mud, storage or reserve pits shall be
located within the City, except steel containers used in a Closed Loop Mud System.
(y) Drill stem testing. All open hole formation or drill stem testing shall be done
during daytime hours and in no event may drill stem testing be performed during nighttime
hours. Drill stem tests may be conducted only if the well effluent produced during the test is
processed through an adequate oil and/or gas separator to storage tanks and the effluent
remaining in the drill pipe at the time the tool is closed is flushed to the surface by circulating
drilling fluid down the annulus and up the drill pipe.
(z) Drip pans and other containment devices. The Operator shall install drip pans and
other containment devices underneath all tanks, containers, pumps, lubricating oil systems,
engines, fuel and chemical storage tanks, system valves, connections and any other areas or
structures that could potentially leak, discharge or spill hazardous liquids, semi-liquids or solid
waste materials, including hazardous waste.
(aa) Dust, vibrations, odors. The Operator shall conduct all drilling and production
operations in such a manner as to minimize, so far as practicable, dust, vibration or noxious
odors, and in accordance with the best accepted practices incident to drilling for the production
of oil, gas and other hydrocarbon substances. The Operator shall construct and operate all
equipment so that vibrations, dust, odor or other harmful or annoying substances or effect created
by the operations carried on at any Drill Site or from anything incident thereto will be
minimized, to minimize the possibility of injury or annoyance of persons living in the vicinity.
The Operator shall maintain all aspects of the site and structures thereon in good operating
condition and good appearance. Proven technological improvements in industry standards of
drilling and production in this area shall be adopted as they become available if capable of
reducing factors of dust, vibration and odor. Brine water, sulphur water, or water in mixture with
any type of hydrocarbon may not be used for dust suppression.
bb) Electric motors. Only electric prime movers or motors shall be permitted for the
purpose of pumping wells. No electric power shall be generated on location. All electrical
installations and equipment shall conform to City ordinances and applicable national codes.
(cc) Emergency response plan. Prior to the commencement of oil and/or gas drilling,
or any other hydrocarbons production activities, the Operator shall submit to the Inspector and
Fire Marshal an emergency response plan to the City, and no drilling or other production activity
shall commence until such plan has been approved by the City. The Emergency Response Plan
shall be kept current with any additions, modifications, and/or amendments concerning all
construction related activities, oil and/or natural gas operations and production. Updated plans
Ordinance No. 880 A 28
shall be submitted to the Inspector and Fire Marshal within two (2) business days after any
additions, modifications and/or amendments to said plan(s). A copy of the emergency response
plan shall be kept on site. The emergency response plan shall at a minimum provide for prompt
and effective response to emergencies.
(dd) Fire prevention; sources of ignition. The Operator shall provide and maintain on
the Drill Site at all times during drilling and production operations all firefighting apparatus and
supplies which are required by the Fire Chief, or the Fire Chief's designee, or which are required
by any applicable federal, state or local law, at the Operator's cost. The Operator shall be
responsible for the maintenance and upkeep of such equipment. Each well shall be equipped with
an automated valve that closes the well in the event of an abnormal change in operating pressure.
All well heads shall contain an emergency shut off valve to the well distribution line.
(ee) Frac or Surface Ponds. Fracturing ponds or surface fresh water ponds are not
permitted within the City.
(ff) Fresh water wells. The Operator shall, within one hundred twenty (120) days of
its completion date, equip each well with a cathodic protection system to protect the production
casing from external corrosion, unless the Inspector approves an alternative method of protecting
the production casing from external corrosion. The Operator of a well shall provide the Inspector
with a "pre-drilling" and "post-drilling" water analysis and flow rate from any existing fresh
water well within two thousand feet (2,000') of the well. Such water tests shall conform to the
following testing requirements:
(1) Water samples must be collected and analyzed utilizing proper sampling and
laboratory protocol from a United States Environmental Protection Agency or Texas
Commission on Environmental Quality approved laboratory;
(2) Well samples shall be analyzed prior to any drilling activity to document baseline
water quality data of the well. A post-drilling sample shall be analyzed within three (3)
months after the drilling begins; and
(3) Parameters to be tested for, including but not limited to methane, chloride,
sodium, barium and strontium.
If it is found that the fresh water well is no longer in use and without possibility of future
use or if the fresh water well owner objects to having the water well tested, the owner of the
fresh water well may waive the right to have the Operator test the water.
(gg) Gas emission or burning restrictions. No person shall allow, cause or permit
gases to be vented into the atmosphere or to be burned by open flame. No open flaring is
permitted.
(hh) Firefighter training. Each Operator shall be required to provide training and
instruction to the Fire Department regarding well safety and emergency management protocol,
and all information specific to the well operation which is requested by the Fire Chief or the Fire
Chief's designee, or which is relevant to emergency management activities at the site. Such Fire
Ordinance No. 880 A 29
Department training must occur prior to the Operator conducting drilling operations under the
Operator's first Well Permit.
(ii) Grass, weeds, trash. The Operator shall keep the Drill Site and Operation Site
clear of debris, pools of water or other liquids, contaminated soil, brush, high grass, weeds,
combustible trash and other waste material within a radius of one hundred feet (100) around a
pad site and other Drill Site or Operation Site equipment not located on the pad site.
6j) Wells within flight path. The Operator of any well to be located within the flight
path of an airport must obtain Federal Aviation Administration approval and must submit a fully
executed and recorded aviation easement as part of the Well Permit application process.
(kk) Hazardous Materials Plan. The Operator shall file with both the Inspector and
Fire Marshal, a Hazardous Materials Management Plan and shall update such plan by filing any
additions, modifications, and/or amendments regarding all construction related activities and oil
and natural gas operations and production. The Operator shall file such updated plans with the
Inspector and Fire Marshal within two (2) business days of any material change in the activities
at the site from that approved in the Well Permit. The City Council will be notified of any such
changes.
(11) Organic solvents. Organic solvents, such as trichloroethylene and carbon
tetrachloride, shall not be used for cleaning any element, structure or component of the drilling
rig, platform and/or associated equipment, tools or pipes.
(mm) Pipe dope. Lead-free, biodegradable pipe dope shall be substituted for American
Petroleum Institute (API) specified pipe dope. Sealant shall be used around pipe threads to
ensure and maintain the integrity of the seal.
(nn) Signs.
(1) The Operator shall immediately install and continuously display a sign at the gate
on the temporary and permanent site fencing erected pursuant to the requirements of this
section. Such sign shall conform to the approved sign plan and shall contain the
following:
a. Well name and number; and
b. Name of Operator; and
C. Address of property; and
d. The emergency 911 number; and
e. Telephone numbers of two (2) persons responsible for the well who may
be contacted twenty-four (24) hours a day in case of an emergency.
(2) The Operator shall post and continually maintain permanent weatherproof signs
reading "DANGER NO SMOKING ALLOWED" immediately upon completion of the
Ordinance No. 880 A 30
Drill Site fencing at the entrance of each Drill Site and in any other location approved or
designated by the Fire Chief of the City. Such shall conform to the approved sign plan.
Each such sign shall include the emergency notification numbers of the Fire Department
and the Operator, well and lease designations required by the Railroad Commission.
(3) The Operator shall post and continuously maintain a "Muster Point" sign at the
entrance of the Drill Site and notify the City's Fire Marshal of its location. Such sign
shall conform to the approved sign plan. In the event of a fire or discovery of a fire,
smoke or unauthorized release of flammable or hazardous materials on any property, the
Operator shall immediately report such condition to the Fire Department and all capable
persons on the Drill Site shall immediately report to the Muster Point. The Operator shall
instruct all persons who enter the Drill Site of this emergency procedure prior to their
entrance onto the Drill Site.
(oo) Storage of equipment. On-site storage is prohibited on the Operation Site. No
equipment shall be stored on the drilling or production Operation Site, unless it is necessary to
the everyday operation of the well. Lumber, pipes, tubing and casing shall not be left on the
Operation Site except when drilling or well servicing operations are being conducted on the site.
The Fire Marshal shall determine whether any equipment on the site constitutes a fire hazard and
must be removed. No refinery, processing, treating, dehydrating or absorption plant of any kind
shall be constructed, established or maintained on the premises, provided that this shall not be
deemed to exclude a conventional horizontal gas separator.
(pp) Storage tanks.
(1) All tanks and permanent structures shall conform to the A.P.I. specifications
unless other specifications are approved by the Fire Marshal. All storage tanks shall be
equipped with a secondary containment system including lining with an impervious
material. The secondary containment system shall be a minimum of three feet (3') in
height and one and one-half (1%2) times the contents of the largest tank in accordance
with the Fire Code of the City, and buried at least one foot (1) below the surface. Drip
pots shall be provided at the pump out connection to contain the liquids from the storage
tank.
(2) All tanks shall be set back pursuant to the standards of the Railroad Commission
and the National Fire Protection Association, but in all cases, shall be at least fifty feet
(50') from any public right-of-way and adjacent property line. Each storage tank shall be
equipped with a level control device that will automatically activate a valve to close the
well in the event of excess liquid accumulation in the tank. The City Council may
require installation of barriers and/or other protections for any tank located within one
hundred feet (100) of a public right-of-way or other public property.
(3) Meters, storage tanks, separation facilities and other aboveground facilities shall
not be placed in a floodway or within a one hundred (100) year floodplain.
(qq) Surface casing. The Operator shall set surface casing in full compliance with the
applicable rules and regulations of the Railroad Commission.
Ordinance No. 880 A 31
(rr) Valves. The Operator shall equip each well with a shutoff valve to terminate the
well's production. The Fire Department shall have access to the Drill Site to enable it to close the
shut-off valve in an emergency. The Operator shall paint these valves red and post signs to show
they are shut off valves. Such signs shall conform to the approved sign plan.
(ss) Waste disposal.
(1) Drilling mud, cuttings, liquid hydrocarbons and all other field waste derived or
resulting from or connected with the drilling, re-working or deepening of any well shall
be discharged into an above-ground self-contained tank. All disposals must be in
accordance with the rules of the Railroad Commission and any other applicable local,
state or federal agency. Unless otherwise directed by the Railroad Commission, waste
materials shall be removed from the site and transported to an off-site disposal facility not
less often than one (1) time every thirty (30) days. Water stored in on-site tanks shall be
removed as necessary.
(2) 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 Article and any other applicable
ordinance of the City.
(tt) Watchperson. The Operator must keep a watchman or security personnel at all
times on-site during the drilling or re-working of a well when other workmen are not on the
premises.
(uu) Environmentally sensitive areas. No drilling or production of gas or oil or other
drilling or production activity of any kind shall be permitted within environmentally sensitive
areas, provided that wells may have a target location or bottom-hole location that is under an
environmentally sensitive area if the well is drilled directionally from a location outside the
environmentally sensitive area.
(vv) Heavy vehicles. Access to all operational wells shall be limited to state or federal
highways within the City and to those routes otherwise designated in Article IV, Chapter 118 of
the Southlake City Code, governing the transportation of heavy vehicles on City streets, unless
another route is expressly approved under the Specific Use Permit.
(ww) Hydrogen Sulfide. If a gas or oil field in the City is identified as a Hydrogen
Sulfide (H2S) field or if a well is producing Hydrogen Sulfide (112S) gas, the Operator shall
immediately cease operation of that well or facility.
(xx) Bond for Surface Restoration. The Operator shall restore surface locations of all
dry wells and/or abandoned operations as nearly as possible to its original condition. The
Operator shall submit a performance bond in a form acceptable to the City to cover the costs of
any clean-up necessary. The amount of the performance bond shall be equal to the estimated
cost of the restoration project, including labor and materials, as determined by the Administrator.
(yy) Security system.
Ordinance No. 880 A 32
(1) Alarm system. Within ten (10) days of completion of the perimeter fencing, the
Operator shall install a fully operational security system that meets the following
requirements:
a. Remotely Monitored Access Control System. The Operator shall install and
maintain at all vehicular gates in the perimeter fencing a permitted, remotely
monitored control access system. The system shall meet the following
requirements:
1. Monitoring. The system shall be monitored by central monitoring
facility capable of monitoring security related alarm systems and meeting
all required state and federal guidelines. The central monitoring facility
shall be staffed and operational at all times.
2. Access control. Gate access shall be secured by an access control
system with an unlocking and re-locking mechanism that requires a card,
numeric code or other identification device for gate operation. The system
shall record the identity of the entering parry and the date and time of such
entry.
3. Intrusion detection system. The system shall include a gate closure
contact sensor that will be activated when the gate closure sensor is
violated in any manner by non-identified access. The system shall be
equipped to signal a control panel which activates an on-site audible signal
and registers at the monitoring facility when an access breach is detected.
4. Open gate detection. The security system shall include an open
gate detection alarm to notify the monitoring facility if the gate closure
sensors, once accessed, are not closed and thereby reactivated within five
(5) minutes of being opened.
5. Exit sensor. The Operator shall equip all gates with a motion
sensor, weight sensor or other device to unarm the gate for vehicles
exiting the site.
b. Personnel exit gate. The Operator shall install an exit-only gate for
personnel near the vehicular gate entrance.
C. Response to alarms. The Operator shall obtain an alarm permit for the
alarm system from the Police Department in accordance with the City's alarm
ordinance. The monitoring facility shall notify the Operator and the Police
Department in case of security breach at the Drill Site. The Operator shall respond
on-site with an authorized representative within forty five (45) minutes of
notification of alarm. Fines for false alarms shall be as provided in the City Fee
Schedule. The Administrator may suspend the Well Permit of any Operator
responsible for more than twenty (20) false alarms in any calendar year.
Ordinance No. 880 A 33
(2) Security camera(s). The Operator shall at all times after the permanent masonry
perimeter fence is in place, have installed a minimum of one (1) operating security
camera inside the perimeter fence and post on the fencing of the site signs indicating that
any activity on the site may be recorded by video surveillance. Such sign shall conform to
the approved sign plan. The location of the security camera and picture resolution of the
recordings shall be subject to the approval of the Police Chief. Camera systems shall be
maintained in proper operating condition and do all of the following:
a. capture clear video images of all traffic entering and exiting the gate(s);
and
b. capture clear video images of all production equipment located on the site;
and
c. be equipped with motion detection technology; and
d. be equipped with panning technology to pan immediately to any motion
detected on the site; and
e. show the date and time of all activity on the footage; and
f. be capable of being viewed at the monitoring facility.
The Operator shall maintain video data for a period of at least four hundred (400)
hours. At the request of the City, the Operator shall produce to the City any
recorded views of the fenced area. Data from videos may only be requested by the
Administrator or law enforcement officials.
(zz) Tank battery equipment. The Operator shall equip any tank battery facilities with
a remote foam line arrestor system, and shall erect a sign clearly indicating the location of the
foam line arrestor system, which the sign shall conform to the approved sign plan.. All
connections for the remote foam line arrestor system shall meet industry specifications and be
approved by the Fire Marshal's office.
(aaa) Three pipe system. The three-pipe system to extract oil and gas shall be utilized.
Water storage tanks shall not be permitted on the pad site except for oil and gas separators used
during drilling and fresh water tanks used during fracturing.
(bbb) Utility lines. The Operator shall bury all utility lines to the Operation Site and/or
Drill Site.
(ccc) Emergency response plan testing. The Operator shall conduct a thorough testing
of its Evacuation Plan on an annual basis including performing "unplanned" evacuation
scenarios, to ensure disaster preparedness. The Operator shall provide seven (7) days written
notice of the time and date of each test to the Fire Marshal. The Fire Marshal, or the Fire
Marshal's designated representative may observe the test and may require the inclusion of
certain evacuation scenarios as a component of the test. The Operator shall then certify in
Ordinance No. 880 A 34
writing to the Fire Marshal on an annual basis that a test of the evacuation plan has been
performed.
9.5-273 Operations and Equipment Practices and Standards.
(a) The Operator shall take adequate nuisance prevention measures to prevent or
control offensive odor, fumes, dust, noise and vibration. Brine water, sulphur water, or water in
mixture with any type of hydrocarbon may not be used for dust suppression.
(b) No person shall permit any lights located on any Drill Site or Operation Site to be
directed in such a manner so that they shine directly on public streets or adjacent or nearby
property. Site lighting shall be shielded and directed downward and internal to the drill or
Operation Site so as to avoid glare on public streets and buildings within three hundred feet
(300'). In addition, all operations shall meet the City's Lighting Ordinance 693-B, as amended.
Federal Aviation Administration approval is also required where applicable.
(c) The Operator shall at all times comply with the rules and regulations of the
Railroad Commission, including but not limited to all applicable Field Rules.
(d) Noise.
(1) No well shall be drilled, re-drilled or any equipment operated at any location
within the City in such a manner so as to create any noise which causes the exterior noise
level, when measured at the either the property line of the tract upon which the nearest
habitable structure is located, or one hundred feet (100') from the nearest habitable
structure (as measured to the closest exterior point of the habitable structure), whichever
is closer to the well, to exceed the ambient noise level:
a. by more than ten (10) decibels during fracturing operations; and
b. by more than five (5) decibels during nighttime hours during backflow
operations; and
c. by more than five (5) decibels during daytime hours or more than three (3)
decibels during nighttime hours for all activities not addressed in paragraphs a.
and b. above.
(2) The Operator shall be responsible for establishing and reporting to the City the
pre-drilling ambient noise level prior to the issuance of a Well Permit. Once the drilling is
complete, the Operator shall be required to establish a new ambient noise level prior to
the installation of any new noise generating equipment. In lieu of the foregoing, the City
may elect to perform the required noise testing and establish the ambient noise level.
(3) Adjustments to the noise standards as set forth above in subsection (d) (1) of this
section may be permitted in accordance with the following:
Ordinance No. 880 A 35
Permitted Increase Duration of Increase
dBA Minutes*
5 ......................................................15
10 ......................................................5
15 ......................................................1
20 ...........................................less than 1
*Cumulative minutes during any one hour period
(4) No workover or re-working operations shall be permitted during nighttime hours.
(5) The Operator shall monitor exterior noise level generated by the drilling, re-
drilling or other operations of all wells located within one thousand feet (1,000') of a
protected use when requested by the City, to ensure compliance. The cost of such
monitoring shall be borne by the Operator.
(6) Acoustical blankets, sound walls, mufflers or other alternative methods as
approved by the Inspector may be used to ensure compliance with this Article. All
soundproofing shall comply with accepted industry standards and subject to approval by
the Fire Marshal.
(7) The sound level meter used in conducting noise evaluations shall meet the
American National Standard Institute's standard for sound meters or an instrument and
the associated recording and analyzing equipment which will provide equivalent data.
(8) A citation may be issued for the failure to immediately correct the violation upon
notice of violation by the City or the Inspector.
(9) During nighttime operations the operation of vehicle audible back-up alarms are
prohibited. If the Operator uses any equipment during nighttime operations which are
required to have back-up alarms, the Operator shall provide and use only approved non-
auditory signaling systems, such as spotters or flagmen. Deliveries of pipe, casing and
heavy loads shall be limited to daytime hours, except for emergency situations. The
derrick man and driller shall communicate only by walkie-talkie or other non disruptive
means when the derrick man is in the derrick. Horns may not be used to signal for
connection or to summon crew (except that a horn may be used for emergency purposes
only). The Operator shall conduct on-site meetings to inform all personnel of nighttime
operations noise control requirements.
(10) The Operator shall file a noise management plan which shall detail how the
equipment used in the drilling, completion, transportation, or production of a well
complies with the maximum permissible ambient noise levels of this Article. The noise
management plan must be approved by the Director of Planning and Development
Services and must comply with the following requirements:
a. Identify operation noise impacts; and
Ordinance No. 880 A 36
b. Provide documentation, if applicable, establishing the ambient noise level
prior to and after the installation of the noise-generation equipment verifying
compliance with this section; and
c. Detail how the impacts will be mitigated. In determining noise mitigation,
specific site characteristics shall be considered, including but not limited to the
following:
1. the location, type, nature and proximity of adjacent development;
and
2. Seasonal and prevailing weather patterns, including wind
directions; and
3. Vegetative cover on or adjacent to the site; and
4. Topography; and
5. Operation and site noise management measures which may
include, but not be limited to use of critical grade mufflers on generators
and motors; use of structural noise curtains, walls, or enclosures; and best
management practices by limiting or eliminating noisier operations, such
as tripping, deliveries of pipe, casing and heavy loads, use of horns for
communication and operation of vehicle audible back-up alarms during
nighttime hours.
Violation of the noise management plan shall be a violation of this ordinance.
(e) Parallel to any oil and gas gathering pipeline, a flow-back line may be installed to
handle water and oil and gas flow-back following well fracture treatment.
(f) Except in the case of an emergency, the Operator shall schedule well servicing
operations and any deliveries to the site to occur during daytime hours, provided, however, that
the time limits set forth herein do not apply during the well drilling and well completion process.
(g) The Operator shall immediately notify the City of any substantial accumulations
of dirt, dust, mud or other debris deposited on City thoroughfares by vehicles involved in the
well drilling or servicing or pipeline installation process. The Operator shall be responsible for
removing accumulations of dirt, dust, mud or other debris from the City thoroughfares on a daily
basis. If for safety or other reasons, the City elects to perform the removal, the cost of such
removal shall be assessed against and paid by the Operator.
(h) Within thirty (30) days of the completion of the well, or within thirty (30) days of
completion of re-working a well, as the case may be, or within such longer timeframe as
determined appropriate by the Administrator, but not to exceed ninety (90) days, the Operator
shall clean up and clear the area around the well of all material and equipment, fill all holes and
Ordinance No. 880 A 37
excavations, and grade the land and return it to its original condition, including replanting of
vegetation to match the surrounding area.
(i) The Operator shall remove the drilling rig from the site within thirty (30) days of
the completion of all drilling activities indicated on the applicable Well Permit.
0) No person shall place, deposit, or discharge or cause or permit to be placed,
deposited, or discharged any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, refuse,
wastewater, brine or hazardous substance from any production operation or the contents of any
container used in connection with any production operation in, into or upon any public right-of-
way, storm drain, ditch or sewer, sanitary drain or sewer, any body of water or any private
property.
(k) Compression facilities are prohibited in the City.
(1) The Operator shall install truck shakers along the private access road to remove
mud from vehicles prior to entering the public right-of-way.
95-274 Work Over or Re-Working of Well; Notice.
Any person who intends either to workover or re-work a well using a drilling rig or to
fracture stimulate a well after initial completion shall give written notice to the City at least
twenty (20) days before the activities begin. The notice shall identify where the activities will be
conducted and shall describe the activities in reasonable detail, including but not limited to the
duration of the activities and the time of day they will be conducted. The notice must also
provide the address and twenty-four (24) hour phone number of the person conducting the
activities. The person conducting the activities shall post a sign on the perimeter fencing giving
the public notice of the activities, including the name, address, and twenty-four (24) hour phone
number of the person conducting the activities. Such sign shall conform to the approved sign
plan. No well shall be worked over without the approval of the Inspector. If the Inspector
determines that an inspection is required, the actual cost of the inspection shall be assessed
against the respective Operator's application fund balance required by section 9.5-264 of this
Article.
95-275 Well Operations and Inspections.
(a) Surface Casing. An Operator must set and cement sufficient surface casing to
protect all usable-quality water strata, as defined by state law. The Operator shall notify the
Inspector in writing at least seventy-two (72) hours prior to the scheduled time for setting and
cementing surface casing, and such work shall not commence until the Inspector has approved
the proposed work in writing. In addition, the following requirements shall apply:
(1) Centralizers must be used at an interval of one (1) centralizer per one hundred feet
(100'), or ten (10) centralizers per one thousand feet (1,000'); and
(2) New surface casing is required; and
(3) Proper floating equipment shall be used; and
Ordinance No. 880 A 38
(4) Class "H" or Class "C" cement with accelerators shall be used; and
(5) The Operator shall circulate cement to surface; if not, the Operator shall cement
with one (1) inch tubing and top off; and
(6) The Operator shall wait on cement a minimum of twelve (12) hours prior to
commencing further drilling operations; and
(7) The Operator shall test the blowout preventer before drilling out of surface casing
to one thousand (1,000) psi.
(b) Completion. The Operator shall notify the Inspector in writing at least seventy-
two (72) hours prior to starting completion procedures such as fracturing and perforating, and
such work shall not commence until the Inspector has approved the proposed work in writing.
The well must be equipped with a blowout preventer or x-mas tree in place before this operation
is commenced. If a bridge plug is set over a producing formation prior to additional completion,
it must be pressure-tested to a sufficient pressure to ensure that it is not leaking.
(c) Pipeline. The Operator shall notify the Inspector in writing at least seventy-two
(72) hours prior to the first sale, and such sale shall not commence until the Inspector has
approved the proposed work in writing.
(d) Final Inspection. After the site has been cleaned up and screened, the Operator
shall notify the Inspector for a final inspection. Prior to the final inspection, the Operator must
provide the City with geographic coordinates of the well bore, using the North American Datum
1983 (NAD 83), Texas State Plane - North Central Zone (4202), in United States feet.
(e) The Inspector shall conduct periodic inspections at least every six (6) months of
all permitted wells in the City to determine that the wells are operating in accordance with the
requirements of this Article and all regulations of the Railroad Commission, and may, in the
Inspector's discretion, conduct such additional inspections as the Inspector deems appropriate to
insure safe and proper operations of the wells. The actual cost of each inspection shall be
assessed against the respective Operator's application fund balance required by section 9.5-264
of this Article.
9.5-276 Supplemental Drilling.
(a) Supplemental drilling to deepen or directionally drill a well that has not been
abandoned shall be conducted in accordance with the conditions of the applicable Specific Use
Permit and associated site plan and the Well Permit for the well.
(b) The Operator shall provide the City with a copy of additional Railroad
Commission permits that allow drilling to a deeper depth.
9.5-277 Abandonment of Wells and Pipelines.
(a) Within sixty (60) days after abandonment of a well or Drill Site, the Operator
shall plug the well in accordance with Railroad Commission standards, clean the site, clear it of
Ordinance No. 880,4 39
all material and equipment, fill all holes and excavations, and grade the land and return it to its
original condition including replanting of vegetation to match the surrounding area. The
Operator shall cut and remove all well casings to a depth of at least ten feet (10) below the
surface. Additionally, the Operator shall mark the exact location of plugged and abandoned
wells with a steel marker not less than four inches (4") in diameter set in cement and extending at
least four feet (4') above mean ground level. The Operator shall weld, stamp or otherwise
permanently engrave the Operator's name, lease name and well number and location, into the
marker's metal. A plugged and abandonment marker may not be removed without the approval
of the City Council.
(b) Structures may be built no closer to an abandoned well than is permitted pursuant
to state law, including but not limited to the applicable rules and regulations of the Railroad
Commission.
(c) Within sixty (60) days after abandonment of a pipeline, the Pipeline Operator
shall purge and plug the line in accordance with the rules and regulations of each governmental
agency with jurisdiction over the activity, including but not limited to the Railroad Commission,
Environmental Protection Agency and the Texas Commission on Environmental Quality. The
Operator shall also be required to comply with the provisions of Division 2 of this Article,
governing pipeline safety and operations.
(d) Abandonment of a Drill Site must be approved by the Inspector and approval
requires completion of the following by the Operator:
(1) The derrick and all appurtenant equipment thereto shall be removed from the Drill
Site; and
(2) All equipment, materials and other surface installations shall be removed from the
Drill Site; and
(3) All concrete foundations, piping, wood, guy anchors and other foreign materials
regardless of depth, except surface casing, shall be removed from the site; and
(4) All holes and depressions shall be filled with clean, compactable soil; and
(5) All waste, refuse or waste material shall be removed from the Drill Site; and
(6) All other requirements of this Article have been met, including but not limited to
restoration of the Drill Site; and
(7) Conduct a Phase II Environmental Site Assessment and submit the results of the
assessment to the City Engineer. The City Engineer shall determine whether
environmental remediation work must be performed by the Operator prior to
abandonment of the Drill Site.
(e) In accordance with section 9.5-277 of this Article, the Operator shall request a
final inspection of a well intended to be abandoned and furnish the following information to the
Inspector:
Ordinance No. 880 A 40
(1) A copy of the W-3A "Notice of Intention to Plug & Abandon" and "W-3
Plugging Record" forms on the same date these forms are submitted to the Railroad
Commission; and
(2) A notice of intention to abandon under the provisions of this section and stating
the date such work will be commenced. Abandonment may then be commenced on or
subsequent to the date so stated and shall take no longer than forty-five (45) days once
commenced.
(f) All abandoned wells or Drill Sites shall meet the most current abandonment
requirements of the Railroad Commission and this Article prior to the issuance of any building
permit for development of the property.
(g) The Director of Planning and Development Services shall indicate the location of
each plugged and abandoned well on the City's land use map.
9.5-278 Clean Up.
(a) Cleanup after well servicing. After the well has been completed, or plugged and
abandoned, the Operator shall clean the Drill Site or Operation Site, complete restoration
activities and repair all damage to public property caused by such operations within thirty (30)
days.
(b) Clean-up after spills, leaks and malfunctions. After any spill, leak or malfunction,
the Operator shall remove or cause to be removed to the satisfaction of the Fire Marshal and the
Inspector all waste materials from any public or private property affected by such spill, leak or
malfunction. Clean-up operations must begin immediately. The Operator shall be subject to
criminal citation and a fine of up to two thousand dollars and no cents ($2,000.00) per violation
for each day the violation is permitted to continue.
(c) Painting. The Operator shall paint and maintain all production equipment at all
times, including wellheads, pumping units, tanks, and buildings or structures. When requiring
painting of such facilities, the Director of Planning and Development Services shall consider the
deterioration of the quality of the material of which such facility or structure is constructed, the
degree of rust, and its appearance. Paint shall be of a neutral color, compatible with surrounding
uses. Neutral colors shall include sand, gray and unobtrusive shades of green, blue and brown, or
other neutral colors approved by the Director of Planning and Development Services.
Notwithstanding the foregoing, the City Council may require the use of specific paint colors, on
a case-by-case basis, as part of the applicable Specific Use Permit.
(d) Blowouts. In the event of the loss of control of any well, the Operator shall
immediately take all reasonable steps to regain control regardless of any other provision of this
Ordinance and shall notify the Administrator and Fire Marshal as soon as practicable. If the
Administrator or Fire Marshal determines that danger to persons and property exists because of
such loss of well control and that the Operator is not taking or is unable to take all reasonable
and necessary steps to regain control of such well, the Administrator or Fire Marshal may then
employ any well control expert or experts or other contractors or suppliers of special services, or
may incur any other expenses for labor and material which they deem necessary to regain control
Ordinance No. 880 A 41
of such well, and all costs incurred by the City shall be assessed against the Operator and the
Operator shall pay such costs within ten (10) days of receiving an invoice from the City. In the
event that the Operator fails to pay such costs as provided herein, the City may charge such costs
to any fund or bond posted by the Operator to secure such costs, and shall also have a valid lien
against the interest in the well of all working interest owners to secure payment of any
expenditure made by the City pursuant to such action of the Administrator or Fire Marshal in
gaining control of said well.
9.5-279 Technical Advisor.
The City may from time to time employ a technical advisor or advisors who are
experienced and educated in the oil and gas industry or the law as it pertains to oil and gas
matters. The function of such advisor(s) shall be to advise, counsel or represent the City on such
matters relating to oil and gas operations within the City as the City may want or require and the
effect thereof, both present and future, on the health, welfare, comfort and safety of the citizens
of the City. In the event such technical advisor(s) is employed for the purpose of advising,
counseling or representing the City relative to an Operator's unique and particular set of
circumstances, case or request relating to this Article, then the cost for fees or charges assessed
pursuant to this Article incurred by the City shall be assessed against the Operator and the
Operator shall pay such costs within ten (10) days of receiving an invoice from the City. In the
event that the Operator fails to pay such costs as provided herein, the City shall then have a valid
lien against the interest in the well of all working interest owners to secure payment of any
expenditure made by the City pursuant to such action of the Administrator or Fire Marshal in
gaining control of said well. Prior to the employment of a technical advisor, the City shall
inform the Operator of the intended scope of work and the estimated costs and expenses. The
employment of a technical advisor shall be approved by the City Council.
9.5-280 Remedies of the City.
(a) If an Operator or the Operator's officers, employees, agents, contractors,
subcontractors or representatives fails to comply with the conditions of the applicable Specific
Use Permit and associated site plan or any requirement of a Well Permit (including any
requirement incorporated by reference as part of the permit), or any applicable provisions of this
Article or any other City ordinances, the City shall endeavor to give written notice to the
Operator specifying the nature of the alleged failure and giving the Operator a specified time to
cure, taking into consideration the nature and extent of the alleged failure, the extent of the
efforts required to cure, and the potential impact on the health, safety, and welfare of the
community; provided, however, that if circumstances warrant proceeding without notice, no
notice will be sent. In any case, failure to give such notice shall not prohibit the City from
pursuing any available remedy.
(b) If the Operator does not cure the alleged failure within the time specified by the
City, the City may notify the Railroad Commission and request that the Railroad Commission
take appropriate action. In addition, the City may pursue all other remedies allowed by law,
including but not limited to any or all of the following:
Ordinance No. 880 A 42
(1) The Administrator may suspend the Well Permit until the alleged failure is cured;
and
(2) The Administrator may revoke the Well Permit if the Operator fails to initiate and
diligently pursue a cure; and
(3) The Administrator may seek recourse against the security required by provisions
of this Division; and
(4) A criminal citation may be issued for violation of the Specific Use Permit, this
Article or any other ordinance or order of the City.
(c) The Operator may appeal a decision to suspend or revoke the Well Permit or other
remedial order or action of the City taken pursuant to this section (other than a criminal citation)
to the City Council as provided in this Article.
9.5-281 Enforcement, Right of Entry.
The Administrator, Fire Marshal and the Inspector are authorized and directed to enforce
this Article, the terms and conditions of any approved Specific Use Permit and the provisions of
any Well Permit. Whenever necessary to enforce the foregoing, or whenever there is reasonable
cause to believe there has been a violation of any of the foregoing, Administrator, Fire Marshal
and/or the Inspector may enter upon any property covered by this Article at any reasonable time
to inspect or perform any duty or requirement imposed by this Article. If entry is refused, the
City shall have recourse to pursue every remedy provided by law and equity to gain entry.
9.5-282 Public Information.
(a) Public Information regarding Well Permit activity.
(1) After approval of a permit application, the Operator shall submit to the Inspector
an accurate written timeline account of all planned operational events associated with the
permit. The account must be updated weekly and must thoroughly describe the events
that will occur. Events to be documented shall include, but are not limited to, site
preparation and grading, site construction of the drilling rig and accessory structures, the
expected amount of time spent drilling on site, all casing installation, testing, disassembly
of the drilling rig, pipeline installation, fracture stimulation, maintenance, installation of
production facilities, site cleanup and production.
(2) The Operator shall submit an educational letter to the Administrator for approval
detailing drilling operations within fifteen (15) days of approval of the Well Permit, and
upon approval of such letter, shall send a copy of such letter at Operator's costs to all
property owners within two thousand feet (2,000 of the permitted bore hole(s). If
multiple wells are permitted, the Operator may consolidate information regarding each
well into a single letter. The letter shall detail typical operations associated with oil and
gas drilling activity with an intended audience of the general public. The topics to be
detailed shall include, but are not limited to, site preparation, site development and
Ordinance No. 880 A 43
construction, drilling, casing, fracturing, pipeline construction, production, transportation,
and general weekly, monthly and yearly maintenance of the Operation Site.
(3) At least once each calendar year, the Operator shall have a representative attend a
City-wide Southlake Program for the Involvement of Neighborhoods ("SPIN") meeting
and respond to citizen questions and complaints. The Director of Planning and
Development Services shall notify each Operator of the time and date of the annual SPIN
meeting that the Operator or a representative of the Operator shall attend.
Sections 9.5-305 to 9.5-310 reserved for expansion.
DIVISION 3. OIL AND GAS PIPELINE STANDARDS
SUBDIVISION A. GENERAL PROVISIONS
Sec. 9.5-311 Purpose.
It is hereby declared to be the purpose of this Division to, to the extent permitted by state
and federal law, establish reasonable and uniform limitations, safeguards and regulations for
present and future operations related to transporting oil and gas and other substances produced in
association with oil and gas, within the corporate limits of the City to protect the health, safety
and general welfare of the public; minimize the potential impact to property and persons; provide
for separation between residential uses and incompatible pipeline uses; avoid unreasonable
burdens on residential tracts of land caused by easements and utility uses that prevent or hinder
the full use and development of such residential tracts; protect the quality of the environment;
and encourage the safe and orderly transport of oil and gas resources.
Sec. 9.5-312 Definitions.
The words and phrases used in this Division are specifically defined in section
9.5-252 of this Article. All technical industry words or phrases related to the
transportation of oil, gas, hydrocarbons and other substances produced in association with
oil, gas and other hydrocarbons not specifically defined shall have meanings customarily
attributable thereto by prudent Operators in the oil and gas pipeline industry.
Sec. 9.5-313 Exemption for Franchised Utility Pipelines
Nothing contained in this Division shall apply to a pipeline for which a franchise
has been obtained from the City.
Sec. 9.5-314 Pipeline Permit Required.
It shall be unlawful for any person, acting either for himself or as an agent,
employee, independent contractor or servant of any other person, to commence to install,
construct, reconstruct rework, modify, replace, or operate or a Pipeline or any section of a
Pipeline or to assist in the installation, construction, reconstruction, reworking,
modification, replacement or operation of a Pipeline, or install monitoring or recovery
Ordinance No. 880 A 44
wells, unless the appropriate Pipeline Permit has first been obtained permitting such
activities.
Sections 9.5-315 to 9.5-320 reserved for expansion
SUBDIVISION B. REGULATED PIPELINES
Sec. 9.5-321 General Requirements and Construction Standards.
(a) The provisions of this Subdivision shall govern all Regulated Pipelines as
defined in this Article.
(b) The following regulations shall apply to all Regulated Pipelines:
(1) No Regulated Pipeline for the transportation of gas, oil or hydrocarbons
shall be constructed or laid except on rights-of-way or easements owned by the
owners or Operators of wells or third party pipeline companies, or upon designated
drilling tracts and upon rights-of-way or easements necessary to connect future
wells to present lines.
(2) In order to install, construct, maintain, repair, replace, modify, remove or
operate a Regulated Pipeline, the Pipeline Operator must first obtain from the City
an easement or license on, over, under, along or across any affected City streets,
sidewalks, alleys and other City property . Such easement or license shall
continue for as long as pipeline operations continue under any Regulated Pipeline
Permit.
(3) The Pipeline Operator of any Regulated Pipeline shall:
a. Not interfere with or damage existing utilities including but not
limited to: water, sewer or gas lines, storm drains, electric lines or the
facilities of public utilities located on, under or across the course of such
right-of-way; and
b. Construct such pipeline or cause same to be constructed out of
new pipe; and
c, Grade, level and restore the affected property to the same surface
condition, as nearly practicable, as existed before operations were first
commenced; and
d, Backfill all trenches and compact such trenches to ninety five
percent (95%) standard density proctor in eight inch (8") lifts and
construct the Regulated Pipeline so as to maintain a minimum depth of
eight feet (8') below the finished grade except in public rights-of-way,
where minimum cover to the top of the pipe shall be at least eight feet
Ordinance No. 880 A 45
(8') below the bottom of any adjacent roadside ditch. No public roads
may be crossed by open cut. During the backfill of any Regulated
Pipeline excavations, the Pipeline Operator shall bury "Buried Pipeline"
warning tape one foot (1') above any such pipeline to warn future
excavators of the presence of a buried pipeline. The Administrator may
require that sections of proposed Regulated Pipeline be constructed at
deeper depths based upon future City infrastructure needs. The
Administrator may also require that a proposed or existing Regulated
Pipeline be relocated should it conflict with the proposed alignment and
depth of a gravity dependent utility; and
e. Construct, repair and/or maintain of all Regulated Pipelines
so as to meet or exceed the applicable minimum criteria
established by the statutory or regulatory requirements of the state
and federal governments for such pipeline; and
f. Design and construct all Regulated Pipelines in accordance with
this Subdivision and the latest standards mandated by the United
States Department of Transportation (DOT) and Railroad
Commission for pipelines operating within a Class 3 location in
accordance with 49 CFR 192.111; and
g. Equip all Regulated Pipelines subject to this Subdivision
with an automated pressure monitoring system that detects leaks
and shuts off any line or any section of line that develops a leak.
In lieu of such system, the Pipeline Operator may have twenty-
four (24) hour pressure monitoring of the pipeline system which
provides monitoring of the pipeline within the City limits. Any
monitoring system(s) shall be keyed to or required to notify the
City's emergency response providers in order to provide them
with immediate notice of any leak.
(c) Upon approval of a Regulated Pipeline Permit, and prior to the issuance
of such permit, the Pipeline Operator shall deposit with the City, and shall maintain at
all times during the continuation of pipeline operations, a fund with the City
containing a minimum running balance of fifteen thousand dollars and no cents
($15,000.00) for each Regulated Pipeline Permit application approved. The funds
shall be maintained by the City in an interest bearing account from which the City
shall reimburse itself for the actual administrative expenses, consulting fees,
contracting fees or the funding of Inspector position(s). All interest earned shall be
credited to the fund balance or refunded to the Operator if and when the minimum balance is
achieved. The City shall invoice and notify the Pipeline Operator, in writing, of any
deduction from the application fund, and, within fifteen (15) days of receipt thereof,
the Pipeline Operator shall pay to the City, for deposit into the application fund, the
amount necessary to return the balance to fifteen thousand dollars and no cents
($15,000.00). The Pipeline Operator may appeal any charge assessed against the fund by filing
Ordinance No. 880 A 46
an appeal as provided in this Article. If the Pipeline Operator fails to maintain the fund as
required by this Section, such failure shall constitute a violation of this Article, and the
Administrator may suspend or revoke the Regulated Pipeline Permit and the City may pursue all
remedies provided in this Article for such violation. If the pipeline subject to the Regulated
Pipeline Permit is disconnected from all sources or supplies of gas, hazardous liquids
and chemicals and capped or sealed at the ends and/or removed in accordance with the
provisions of this Subdivision, and any required site remediation completed, following
final inspection and approval by the City, and fulfillment by the Pipeline Operator of all of
Pipeline Operator's obligations under this Article, the City shall return any remaining account
balance to the Operator or the Operator's approved assign.
(d) The Pipeline Operator shall give notice seventy-two (72) hours prior to the
commencement of pipeline construction to all residents and operators of habitable structures that
are located within one thousand feet (1,000') of the proposed centerline of the pipeline.
(e) Within sixty (60) days after completion of pipeline construction the Pipeline
Operator shall provide the City with as-built or record drawings of the pipelines. Accuracy of the
record drawings shall meet a survey level of one foot (1 to fifty thousand feet (50,000'). The
scale of the record drawings shall be a minimum of one inch (1") to forty feet (40 The
drawings shall also be supplied in a DFF digital file format with the location tied to at least one
(1) nearby GPS (global positioning system), City monument. If the new pipeline length exceeds
one thousand feet (1,000 within the City, the pipeline shall be tied to at least two (2) GPS City
monuments.
(f) A preconstruction conference with the Pipeline Review Committee shall be
required prior to the commencement of pipeline construction.
Sec. 9.5-322 Regulated Pipeline Permit Application Requirements.
(a) At least forty-five (45) days prior to the scheduled commencement of the
installation, construction, reconstruction, reworking, modification, replacement or
operation of a new Regulated Pipeline, the Pipeline Operator shall submit an
application and pay a fee in the amount set in the City's Fee Schedule for a Regulated
Pipeline Permit to the City.
(b) A Regulated Pipeline Permit application shall meet the following
requirements:
(1) Any applications for a new Regulated Pipeline or other activities regulated
by this Subdivision shall be submitted to the City on a form prescribed by the
City; and
(2) Each application for a Regulated Pipeline Permit shall be accompanied by
five (5) paper sets and one (1) electronic set of plans showing the dimensions and
locations of the Regulated Pipeline and related items or facilities within the
subject right-of-way or easement, as well as all proposed lift stations, pumps or
Ordinance No. 880 A 47
other service structures related to such pipeline and the location, type and size of
all existing utilities, drainage, right-of-way and roadway improvements. The plans
must additionally show the elevation and location of all known public utilities
within fifteen feet (15') of the centerline of the proposed pipeline. Any application
that fails to meet these requirements will be returned unfiled to the Applicant; and
(3) Within thirty (30) days after the date of filing of said application and plans,
the City shall send notice to the Applicant as to whether the application will be
accepted for processing and the total charge due. If the application is rejected,
reasons for rejection of the application shall be provided in writing.
(c) The following information shall be provided in the application for a
Regulated Pipeline Permit:
(1) The name, business addresses and telephone numbers of the Pipeline
Operator; and
(2) The names, titles and telephone numbers of the following:
a. The person signing the application on behalf of the Pipeline
Operator; and
b. The person designated as the principal contact for the
submittal; and
c. The person designated as the twenty-four (24) hour
emergency contact; and
(3). The origin point and the destination of the proposed subject pipeline; and
(4) A text description of the general location of the proposed subject pipeline;
and
(5) A description of the substance to be transported through the proposed
subject pipeline; and
(6) A copy of the substance material safety data sheet (MSDS); and
(7) The maximum allowable operating pressure on the proposed subject
pipeline, along with the Specified Minimum Yield Strength (SMYS) of the pipe,
its pressure class and design calculations in accordance with 49 CFR 192.105,
assuming a Class 3 or better location; and
(8) The normal operating pressure range of the proposed subject pipeline, not
to exceed the maximum allowable operating pressure as designated above; and
Ordinance No. 880 A 48
(9) Engineering plans, drawings and/or maps with summarized specifications
showing the horizontal location, covering depths and location of shutoff valves of
the proposed subject pipeline. (The location of shutoff valves must be known in
order for emergency responders to clear area for access valves.) To the extent that
information can be obtained, drawings shall show the location of other pipelines
and utilities that will be crossed or paralleled within fifteen (15 feet of the
proposed subject pipeline right-of-way; and
(10) A description of the consideration given to matters of public safety and the
avoidance, as far as practicable, of existing habitable structures and congregated
areas; and
(11) Detailed cross section drawings for all public street right-of-way and
easement crossings; and
(12) Methods to be used to prevent both internal and external corrosion; and
(13) A binder or certificates of all bonds and insurance as required under this
Division; and
(14) All application materials required pursuant to the City's Tree Preservation
Ordinance, as it may be amended, including a tree survey measured from the outer edge
of any improvements, construction areas, development, equipment, materials, temporary
roads, access easements and/or built structures, extending twenty-five feet (25 without
regard to intervening structures or objects; and
(15) A proposed alignment strip map showing name and address of all affected
property owners; and
(16) A site plan showing the location of such pipeline conforming to the City's
standards for site plans, pursuant to section 40 of the Zoning Ordinance, as amended.
Sec. 9.5-323 Permit Review Process and Procedures.
(a) No Regulated Pipeline Permit shall be approved or issued if the proposed
activities do not fully conform to all provisions of this Article and all other applicable
City ordinances, state and federal law. No Regulated Pipeline Permit may be issued
unless and until a Specific Use Permit is approved by the City Council for the well or
wells within the City intended to be served by such pipeline.
(b) All requirements for a Regulated Pipeline Permit as provided in this Subdivision
must be completed by the Pipeline Operator prior to any Regulated Pipeline Permit being
considered as being administratively complete. Any application submitted that is
determined to be administratively incomplete shall be returned to the Pipeline Operator
within ten (10) business days of the submittal date along with a letter documenting the
deficiencies of the application, if any.
Ordinance No. 880 A 49
(c) Within thirty (30) days after the date of presentation of said application and
plans, the Administrator shall send notice to the Applicant as to whether the application
will be accepted for filing and the total charge due. If the application is rejected as
incomplete, the Administrator shall provide the reasons for rejection of the application in
writing.
(d) After the filing of an administratively complete application, an
administrative conference may be conducted to seek resolution of any substantive, non-
resolvable technical issues. The conference shall be conducted with the Pipeline Review
Committee, which shall consist of the City Engineer, Fire Marshal, Administrator,
Inspector, Director of Planning and Development Services and, if necessary, a third-party
technical advisor. The costs associated with the technical advisor shall be borne by the
Pipeline Operator. A quorum of at least three (3) members must be present, and at least one
(1) of the members present at the conference must have emergency management expertise in
order to conduct a conference. Any decision by the Pipeline Review Committee is final.
(e) If the Pipeline Review Committee determines that the City should obtain an
independent study or analysis of an application to construct a new pipeline, upon approval by
the City Council, the City shall engage duly qualified independent consultant(s) or
contractor(s) to conduct such special studies or analyses as required to fully evaluate and act
upon an application for a new pipeline. The actual cost for said consultant or contractor,
including the cost of any inspections deemed necessary by the Pipeline Review Committee or
otherwise required by this Division, shall be paid by the Pipeline Operator, and may be billed
directly to the Pipeline Operator's fund balance established pursuant to this Subdivision.
(f) Following completion of the review process described herein, the Administrator
shall either issue the Regulated Pipeline Permit, or deny the application. If the application is
rejected, the Administrator shall provide the reasons for rejection of the application in
writing.
(g) Any change in service of a pipeline not previously addressed by this
Subdivision to gas, hazardous liquid or chemical service as a Regulated Pipeline must be
reviewed in accordance with the new pipeline review procedure outlined herein, as if it were
a new Regulated Pipeline.
(h) If construction of a Regulated Pipeline has not commenced within six (6)
months of the date of issuance of the Regulated Pipeline Permit, or if the Regulated
Pipeline has not been completed and the surface restored within one (1) year, the
Regulated Pipeline Permit shall expire; provided, however, that the Director of
Planning and Development Services may grant an extension of time not to exceed one
(1) year if the Director of Planning and Development Services determines that weather
or other unexpected physical conditions justify such an extension. If the Regulated
Pipeline Permit expires as provided herein, and construction of the subject pipeline
has commenced but has not yet been completed, the Pipeline Operator shall
immediately cease construction but shall complete any site remediation required by
this Subdivision or other applicable law, regulation or ordinance.
Ordinance No. 880 A 50
Sec. 9.5-324 Public Education.
(a) In keeping with the Natural Gas Pipeline Safety Act of 1968 and 49 CFR
192.614, "Damage Prevention Program," 49 CFR 192.615, "Emergency Plans," the
Hazardous Liquids Safety Act of 1979, and 49 CFR 195.408, "Communications," 49 CFR
195.440, "Public Awareness," and the Community Right-to-Know Act, 40 CFR Parts
350-374:
(1) Each Pipeline Operator subject to this Subdivision shall maintain a public
education program, and, as part of such program, shall communicate at least
annually, in both English and Spanish, the information specified in this section to
the occupants of habitable structures within one thousand feet (1,000') of the
centerline of a Regulated Pipeline.
(2) Pipeline information communicated pursuant to subsection (a) (1) above of
this section shall address the following subjects:
a. Pipeline location; and
b. Material transported within the pipeline; and
c. Pipeline markers; and
d. How to recognize a pipeline; and
e. How to report a pipeline emergency; and
f. Contact information regarding underground utility locations; and
g. Additional requirements for excavations near a home or business;
and
h. Response needs during a pipeline, emergency, including instructions
for sheltering in the event of an emergency.
Sec. 9.5-325 Pipeline Information Reporting Requirements.
(a) Each Pipeline Operator subject to this Subdivision shall provide to the
Inspector, the Fire Marshal and the Police Chief the names, mailing addresses and
telephone numbers of at least two (2) primary persons, officers or contacts available on a
twenty-four (24) hour basis and at least two (2) alternative persons, officers or contacts to
be reached in the event the primary contacts are unavailable who:
(1) Can initiate appropriate actions to respond to an emergency; and
Ordinance No. 880 A 51
(2) Have access to information on the location of the closest shutoff valve to
any specific point in the City; and
(3) Can furnish the common name of the material then being carried by the
pipeline.
Any change in the above-referenced contact information must be provided to the City by
contacting the Inspector prior to such change.
(b) Every Pipeline Operator subject to this Subdivision shall be required to
present to the City a safety report and file with the City an annual verified safety report in
letter form on or before June 30 of each year to cover a reporting period of June 1
through May 31. Said written safety report shall contain the following information:
(1) A statement that the pipeline has no outstanding safety violations as
determined in an inspection or audit by either the Railroad Commission and/or the
U.S. Department of Transportation with regard to any pipeline operating within
the City. Alternatively, if there are any safety violations as determined by the
Railroad Commission and/or the U.S. Department of Transportation that have not
been corrected, these shall be described to the City with an action plan to correct
the safety violations. Said action plan shall include a timeline for corrective action
and the individual or firm responsible for each action; and
(2) Evidence that the Pipeline Operator has current liability insurance as
required by this Subdivision; and
(3) A statement that the pipeline information specified in subsection (a) of this
section is correct. Alternatively, in the event that the required information on file
with the City is no longer correct, updated or corrected information shall be
submitted within five (5) days of the change and the updated information shall be
submitted with the annual safety report; and
(4) If the Pipeline Operator has no reporting responsibility to the Railroad
Commission or the U.S. Department of Transportation and is otherwise exempt
from the safety regulations of either of such agencies, the following documents
pertaining to the preceding reporting period of June 1 through May 31:
a. Copies of internal reports of responses to pipeline emergencies, as
pipeline emergency is defined in this Article; and
b. Current operations and maintenance logs; and
c. Current emergency action plan.
Ordinance No. 880A 52
(5) A log of all the maintenance and monitoring activities conducted on all
lines subject to this Division for the reporting period shall be made available upon
request by the City; and
(6) The Pipeline Operator subject to this Subdivision shall submit the annual
safety report with respect to all pipelines subject to the ordinances of the City. The
safety report and verification shall be executed by an officer or a person who is
authorized to sign such safety report letter and make verification. The prescribed
form of verification on the safety report letter shall read:
Verification
I, [NAME], the [TITLE] of [PIPELINE OPERATOR], am authorized to make and
have made the foregoing annual safety report letter to the City for oil and gas
pipelines. Any attachments made to this letter are true and correct copies of
originals and the information provided in this letter is true and correct to the best
of my knowledge and is information based on the standard of inquiry and
investigation as would be made by a reasonably prudent Pipeline Operator within
the City of Southlake.
Signature of Officer or Person Authorized to Sign Letter
STATE OF TEXAS §
COUNTY OF [Place Where Safety Letter is Prepared]§
The foregoing annual safety report letter was sworn to and subscribed
before me by (signatory of letter) on this day of , 20
Signed:
Notary Public for the State of Texas
Printed Name:
My Commission Expires:
(c) The actual administrative costs incurred by the City in reviewing the annual
safety letter shall be billed directly to the Pipeline Operator's fund balance established
pursuant to this Subdivision.
Ordinance No. 880 A 53
(d) Each Pipeline Operator subject to this Subdivision shall file a copy of all
initial or follow-up reports provided to the U.S. Department of Transportation or the
Railroad Commission on unsafe pipeline conditions, pipeline emergencies or pipeline
incidents within the City concurrently with the City. In addition, such Pipeline Operator
shall file any initial or follow-up reports filed with state and federal environmental
regulatory agencies pertaining to pipeline releases within the City concurrently with the
City.
(e) Upon written request, each Pipeline Operator subject to this Subdivision
shall make available during normal business hours and at the Pipeline Operator's local
office, documents for review that are required for submittal to or to be maintained on file
for the U.S. Department of Transportation and the Railroad Commission, including but not
limited to the following:
(1) Operations and maintenance records; and
(2) Employee training records; and
(3) Annual inspection reports; and
(4) Repair records; and
(5) Operating records; and
(6) Insurance records.
Sec. 9.5-326 Pipeline Markers.
(a) In accordance with U.S. Department of Transportation and Railroad
Commission requirements, each Pipeline Operator subject to this Subdivision shall place and
maintain permanent Line Markers as close as practical over the Regulated Pipeline(s) at each
crossing of a public street, utility easement and railroad. Marker(s) shall also be maintained
along each Regulated Pipeline that is located above ground in an area accessible to the public.
The markers shall be of permanent type construction and contain labeling identifying the:
(1) Pipeline Operator; and
(2) Twenty-four (24) hour contact telephone number; and
(3) A general description of the product transported in the pipeline; i.e., natural gas,
oil, petroleum.
(b) No person shall tamper with, deface, damage or remove any pipeline marker,
except the Pipeline Operator and
Ordinance No. 880 A 54
(c) Upon written request of the owner of real property on which a habitable
structure is located and through which a Regulated Pipeline traverses, the Pipeline Operator
shall install temporary pipeline markers or flagging to reduce the possibility of pipeline
damage or interference, in accordance with this Division.
(d) The material, design, color, size and content of each Line Marker shall subject
to City Council approval prior to installation.
Sec. 9.5-327 One Call System.
A Pipeline Operator that transports gas, oil, liquids or hydrocarbons through a
Regulated Pipeline located in the City shall be a member in good standing with the One Call
system or other approved excavation monitoring system as required by state law. The Pipeline
Operator that transports gas, oil, liquids or hydrocarbons through a Regulated Pipeline subject
to this Subdivision shall contract for service with the selected underground utility coordinating
system for a minimum of five (5) years unless there is an agreement to change to an alternate
system between the City and the Pipeline Operator. Said Pipeline Operator shall maintain
such services without interruption for the life of the Regulated Pipeline Permit. The selected
underground utility coordinating system may be different that the one used by the City for
other underground utility services.
Sec. 9.5-328 Inactive and Idled Pipelines.
(a) The following regulations shall apply to Inactive Pipelines:
(1) A Pipeline Operator subject to this Subdivision shall maintain and keep
current all reporting records specified in this Subdivision on all pipelines, regardless
of whether such pipelines are inactive or idled; and
(2) A Pipeline Operator subject to this Subdivision shall purge any inactive
pipelines of gas, hazardous liquids, and chemicals, and physically isolate such
pipeline if such action does not adversely affect the Pipeline Operator's right-of-
way easement and does not prevent the Pipeline Operator from maintaining the
physical integrity of the pipeline. A Pipeline Operator subject to this Subdivision
shall maintain any inactive pipelines to prevent deterioration; and
(3) If a Regulated Pipeline is physically isolated as provided herein, a Pipeline
Operator subject to this Subdivision shall include the means used to physically
isolate the Inactive Pipeline in the information retained on file with the City for
reporting as specified in section 9.5-322.
(b) The following regulations shall apply to Idled Pipelines:
(1) If a Regulated Pipeline is idled, a Pipeline Operator subject to this
Subdivision shall make an entry to the required reporting records as required in this
Subdivision that the pipeline has been idled; and
Ordinance No. 880 A 55
(2) If a Regulated Pipeline is idled, a Pipeline Operator subject to this
Subdivision shall purge and disconnect such pipeline from all sources or supplies
of gas, hazardous liquids and chemicals, and cap or seal such pipeline at the ends;
and
(3) Reactivation of idled Regulated Pipelines shall require notification to the
City pursuant to the standards and requirements specified in this Subdivision.
Reactivation shall require pressure testing for integrity and compliance with
Railroad Commission and/or United States Department of Transportation
regulations.
Sec. 9.5-329 Emergency Response Plans and Emergency Incident Reporting.
(a) Each Pipeline Operator subject to this Subdivision shall maintain written
procedures to minimize the hazards resulting from an emergency. These procedures
shall at a minimum provide for the following:
(1) Prompt and effective response to emergencies, including but not limited to
the following:
a. Leaks or releases that can impact public health, safety or welfare;
and
b. Fire or explosions at or in the vicinity of a pipeline or pipeline
easement; amd
c. Natural disasters; and
(2) Effective means to notify and communicate required and pertinent
information to local fire, police and public officials during an emergency; and
(3) The availability of personnel, equipment, tools and materials as necessary
at the scene of an emergency; and
(4) Measures to be taken to reduce public exposure to injury and probability of
accidental death or dismemberment; and
(5) Emergency shut down and pressure reduction of a pipeline; and
(6) The safe restoration of service following an emergency or incident; and
(7) A follow-up incident investigation to determine the cause of the incident
and require the implementation of corrective measures.
(b) Each Pipeline Operator subject to this Subdivision shall meet annually with
Ordinance No. 880 A 56
the Inspector and Fire Marshal to review emergency response plans. These reviews shall
be in accord with U.S. Department of Transportation and Railroad Commission
requirements and the Pipeline Operator will do the following:
(1) Furnish or update a copy of the emergency response plan described in
subsection (a) of this section; and
(2) Review the responsibilities of each governmental organization in response
to an emergency or incident; and
(3) Review the capabilities of the Pipeline Operator to respond to an
emergency or incident; and
(4) Identify the types of emergencies or incidents that will result in or require
contacting the City; and
(5) Plan mutual activities that the City and the Pipeline Operator can engage in
to minimize risks associated with pipeline operation; and
(6) The City shall provide the Pipeline Operator with a list of additional
contacts that shall be made in the event of a pipeline emergency or incident. The
City will inform the Pipeline Operator of the emergency response groups that will
be contacted through 911.
(c) Upon discovery of a pipeline emergency or incident, any affected Pipeline
Operator subject to this Subdivision shall as soon as practical communicate to the City the
following information:
(1) A general description of the emergency or incident; and
(2) The location of the emergency or incident; and
(3) The name and telephone number of the person reporting the emergency or
incident; and
(4) The name of the Pipeline Operator; and
(5) Whether or not any hazardous material is involved and identification of the
hazardous material so involved; and
(6) Any other information as requested by the emergency dispatcher or other
such official at the time of reporting the emergency or incident.
(d) Upon discovery of a pipeline emergency or incident, a Pipeline Ooperator
subject to this Subdivision shall contact any other emergency response groups that are
necessary that may not be activated through the county 911 system.
Ordinance No. 880 A 57
(e) Upon discovery of a pipeline emergency or incident, a Pipeline Operator
subject to this Subdivision shall contact the Southlake Fire Services immediately after the
discovery of any pipeline emergency.
(f) Notwithstanding any provision in this Division, each Pipeline Operator
subject to this Subdivision shall equip and maintain any pipeline containing natural gas
which contains hydrogen sulfide in concentrations of more than one hundred parts per
million (100/1,000,000,000) with an audible alarm system that will provide an alarm to
the general public in the event of a leak from any pipeline, gathering or flow line subject
to this Division. Said audible alarm system shall be of a type and design approved by the
City.
(g) Within two (2) years of the effective date of the Pipeline Permit and every
two (2) years thereafter, each Pipeline Operator subject to this Subdivision shall conduct
an on-site, emergency drill that includes, but shall not be limited to, the personnel
operating the pipeline, local law enforcement personnel and officials of the City.
(h) Notwithstanding the foregoing, a Pipeline Operator subject to this
Subdivision shall report all incidents involving well safety or integrity that do not rise to
the level of a pipeline emergency to the City by completing an incident report on forms
prepared by the City. Incident reports must be filed by the Pipeline Operator within
twenty-four (24) hours of discovering the incident.
Sec. 9.5-330 Pipeline Repairs and Maintenance.
(a) All repairs and maintenance of Regulated Pipelines are to be performed in
accordance with U.S. Department of Transportation and Railroad Commission mechanical
integrity requirements.
(b) If non-emergency repairs necessitate excavation of a Regulated Pipeline,
the Pipeline Operator shall send notification to occupants of business establishments and
residential dwellings located within five hundred feet (500') from the centerline of the
pipeline to be excavated at least five (5) days prior to commencing such repairs.
(c) If above-ground non-emergency repairs that are not routine maintenance are
required, the Pipeline Operator shall send notification to occupants of businesses and
residential dwellings located within five hundred feet (500') from the centerline of the
pipeline section to be repaired at least five (5) days prior to commencing such repairs.
(d) The notice required in subsections (b) and (c) of this section shall be sent by
U.S. regular mail, postage prepaid mailed at lease five (5) days prior to commencing any
non-emergency repair; provided, however, that the Pipeline Operator may use hand
delivery notice as an alternative, at the Pipeline Operator's discretion.
Ordinance No. 880 A 58
(e) Inspection of the interior of all Regulated Pipelines shall comply with
United States Department of Transportation and Railroad Commission rules.
Sec. 9.5-331 No Assumption of Responsibility by City.
Nothing in this Subdivision shall be construed as an assumption by the City of
any responsibility of a Pipeline Operator of a Regulated Pipeline not owned by the City,
and no City officer, employee or agent shall have authority to relieve a Pipeline Operator
from their responsibility under this Subdivision or by any other law, ordinance or
resolution.
Sec 9.5-332 Protection and Painting of Structures.
A Pipeline Operator subject to this Subdivision shall keep protected and painted
all pipeline risers and all appurtenances related to Regulated Pipeline construction and
operations which are composed of materials which are generally protected or painted.
Such Operator shall repaint all such items at sufficiently frequent intervals to maintain
same in good condition. It shall be a violation of this Article for any Pipeline Operator
subject to this Subdivision to permit any pipeline riser and/or appurtenances related to
pipeline construction and operations to be in a state of disrepair or to have chipped,
peeling or unpainted portions thereof.
Sec. 9.5-333 No Implied Grant of Easement for Street and Right-of-way Use.
(a) In the event a Regulated Pipeline is placed within any public right-of-way
under the jurisdiction of the City, the Pipeline Operator shall comply with the right-of-
way use regulations as provided in the City of Southlake Code of Ordinances. Nothing
in this Subdivision grants permission for the use of any street, right-of-way or property of
the City, and any such use shall be subject to the City at its sole discretion.
(b) To the extent that the provisions of this Subdivision conflict with the
City's right-of-way use ordinance, this Subdivision shall control.
Sec. 9.5-334 Violations.
(a) Any Pipeline Operator subject to this Subdivision, who shall have failed to
comply with this Division, shall be deemed to be maintaining a nuisance and the City
may take such measures to remedy such nuisance, including but not limited to revocation
of the Pipeline Operator's Pipeline Permit.
(b) It shall be a violation of this Subdivision for a person to knowingly make a
misrepresentation of any information to be reported pursuant to this Division. It shall
also be a violation of this Subdivision if the person makes such misrepresentation as a
result of failure to exercise such due diligence of investigation or inquiry, as would a
reasonably prudent Pipeline Operator conducting business in the jurisdiction of the City.
Ordinance No. 880 A 59
(c) Each violation of any section, subsection or part of this Subdivision shall
be a separate offense. Each day of ongoing violation shall be a separate offense, and
shall carry with it a fine of not less than one thousand dollars and no cents ($1,000.00)
per day and not more than two thousand dollars and no cents ($2,000.00) per day. If
fines are not paid within thirty (30) days of issuance, the Well Permit may be suspended or
revoked by the City.
(d) The City shall be entitled to injunctive relief or any other appropriate relief
in a court of appropriate jurisdiction to prevent violation of or to compel compliance
with this Subdivision.
Sec. 9.5-335 Bond and Insurance Required.
(a) In the event that a Pipeline Permit is issued for a Regulated Pipeline or
other operations under this Subdivision, no actual operation shall be commenced until
the Pipeline Operator files with the City Secretary a bond and a certificate of insurance
as follows:
(1) No person shall begin the construction or operation of any Regulated
Pipeline until such person has obtained a valid permit and filed with the City
Secretary a duly executed bond executed by the Pipeline Operator as principal
with an AM Best "A" rated surety company that is acceptable to the City and is
licensed to conduct business in the state as surety, payable to the City and the
policy shall name the City as an additional insured and such surety company shall
maintain an A.M. Best "A" rating for the policy period. Said bond shall include
conditions that the Pipeline Operator, its heirs, assigns and successors will do the
following:
a. Comply with the terms and conditions of the application and this
Subdivision in the construction, operation and maintenance of the pipeline
and related structure(s); and
b. Restore all streets and sidewalks and all other public places and all
public utilities that may be injured or damaged in the operation to their
former condition; and
c. Remove all litter, machinery, buildings, trash and waste used,
accumulated or allowed in the construction of any pipeline within ten (10)
days of the completion of said construction; and
d. Remove all litter, machinery, buildings, trash and waste used,
accumulated or allowed in the operation of any pipeline within (10) days of
the completion of said operations.
(2) Such bond shall be in the sum of one million dollars and no cents
($1,000,000.00) and before the Pipeline Permit shall be issued, the bond must be
Ordinance No. 880 A 60
approved by the City and filed with the City Secretary. Such bond shall become
effective upon the granting of the Pipeline Permit and shall remain in full force
and effect until all work under the terms of such Pipeline Permit has been
completed. Such bond may later be amended to include other pipelines, under
provisions of other applications or other permits.
(3) In addition to the bond required in subsection (a)(1) above of this section,
each person desiring to construct a Regulated Pipeline or to conduct any other
work under the provisions of this Subdivision shall be required to carry public
liability insurance with a carrier rated "A" or better by A.M. Best in a minimum
amount of one million dollars and no cents ($1,000,000.00) for one person and
five million dollars and no cents ($5,000,000.00) for one accident and property
damage insurance in the amount of ten million dollars and no cents
($10,000,000.00) for one accident, which shall remain in full force and effect and
be carried so long as such pipeline is operated. A certificate of insurance shall be
furnished annually by the permittee or the subsequent Pipeline Operator showing
that such insurance is and continues in effect.
(4) Each Pipeline Operator subject to this Subdivision shall provide and
maintain in full force and effect during the term of its permit insurance with the
following minimum limits:
a. Worker's compensation at statutory limits; and
b. Employer's liability, including bodily injury by accident and by
disease, for five hundred thousand dollars and no cents ($500,000.00)
combined single limit per occurrence and a twelve-month (12-month)
aggregate policy limit of one million dollars and no cents ($1,000,000.00);
and
c. Commercial general liability coverage, including blanket contractual
liability, products and completed operations, personal injury, bodily injury,
broad form property damage, operations hazard, pollution, explosion,
collapse and underground hazards for five million dollars and no cents
($5,000,000.00) per occurrence and a twelve-month (12-month) aggregate
policy limit of ten million dollars and no cents ($10,000,000.00); and
d. Automobile liability insurance (for automobiles used by the Pipeline
Operator in the course of its performance under the Pipeline Permit,
including employer's non-ownership and hired auto coverage) for two
million dollars and no cents ($2,000,000.00) combined single limit per
occurrence.
(b) The City may adjust the above minimum liability limits every five (5)
years during the term of the Pipeline Permit, or sooner as determined by City Council, to
Ordinance No. 880 A 61
compensate for the effects of inflation and with the objective to reestablish the value of
coverage required as of the effective date of this Division.
(c) Each policy or an endorsement thereto, except those for worker's
compensation and employer's liability, shall name the City and its officers, officials,
employees, successors and assigns as additional insured parties, but limited to risks
indemnified pursuant to this Division. If any such policy is written as "claims made"
coverage and the City is required to be carried as an additional insured, then the Pipeline
Operator subject to this Subdivision shall purchase policy period extensions so as to
provide coverage to the City for a period of at least two (2) years after the last date that
the Pipeline Permit is in effect. No deductible shall exceed ten percent (10%) of the
minimum limits of liability or one percent (1%) of the consolidated net worth of such
Pipeline Operator and its permitted affiliates, whichever is greater.
(d) Each Pipeline Operator subject to this Subdivision shall assume and bear
any claims or losses to the extent of deductible amounts and waives any claim it may
ever have for the same against the City and its officers, officials, employees, successors
and assigns in respect of any covered event.
(e) All such policies and certificates shall contain an agreement that the
insurer shall notify the City in writing not less than thirty (30) days before any material
change, reduction in coverage or cancellation of any policy. Each Pipeline Operator
subject to this Subdivision shall give written notice to the City within five (5) days of
the date upon which total claims by any party against such Pipeline Operator reduce the
aggregate amount of coverage below the amounts required by the Regulated Pipeline
Permit.
(f) Each policy must contain an endorsement to the effect that the insurer
waives any claim or right in the nature of subrogation to recover against the City, its
officers, officials, employees, successors and assigns.
(g) Each policy must contain an endorsement that such policy is primary
insurance to any other insurance available to the City as an additional insured with
respect to claims arising thereunder.
(h) The City Council may modify the requirements of this section, as it deems
appropriate, in order to account for the risk and possible threat to the public health,
safety and general welfare posed by the operation of pipelines within the City.
Sec. 9.5-336 Termination of Permit.
Any violation of the provisions of any or all sections of this Subdivision shall be
grounds for the termination of any Regulated Pipeline Permit. The termination of any
Regulated Pipeline Permit shall require the immediate cessation of all operations subject
to such Pipeline Permit and shall require the Pipeline Operator subject to this Subdivision
Ordinance No. 880 A 62
to reapply for a new Pipeline Permit in full accordance with the provisions of this
Subdivision.
Sections 9.5-337-340 reserved for future expansion
SUBDIVISION C. UNREGULATED PIPELINES
See. 9.5-341 General Requirements and Minimum Design Standards.
(a) The provisions of this Subdivision shall govern all Unegulated Pipelines as
defined in this Article.
(b) The following requirements shall apply to all Unregulated Pipelines:
(1) No Unregulated Pipeline for the transportation of gas, oil or hydrocarbons
from wells to be drilled shall be constructed or laid except on rights-of-way or
easements owned by the owners or Operators of wells or third party pipeline
companies, or upon designated drilling tracts and upon rights-of-way or easements
necessary to connect future wells to present lines; and
(2) In order to install, construct, maintain, repair, replace, modify, remove or
operate a Unregulated Pipeline, the Pipeline Operator must first obtain from the
City an easement on, over, under, along or across the City streets, sidewalks,
alleys and other City property . Such easement shall continue for so long as
pipeline operations continue under any Unregulated Pipeline Permit.
(c) The Pipeline Operator of any Unregulated Pipeline shall do the following:
(1) Not interfere with or damage existing utilities including but not limited to:
water, sewer or gas lines, storm drains, electric lines or the facilities of public utilities
located on, under or across the course of such right-of-way; and
(2) Grade, level and restore the affected property to the same surface condition, as
nearly practicable, as existed before operations were first commenced; and
(3) Upon completion of pipeline construction the Pipeline Operator shall provide the
City with as-built or record drawings of the pipelines within sixty (60) days. Accuracy of
the record drawings shall meet a survey level of one foot (1') to fifty thousand feet
(50,000'). The scale of the record drawings shall be a minimum of one inch (1 to forty
feet (40'). The drawings shall also be supplied in a DFF digital file format with the
location tied to at least one (1) nearby GPS (global positioning system), City monument.
If the new pipeline length exceeds one thousand feet (1,000') within the City, the pipeline
shall be tied to at least two (2) GPS City monuments.
Ordinance No. 880 A 63
Sec. 9.5-342 Unregulated Pipeline Permit Application Requirements.
(a) At least forty-five (45) days prior to the scheduled commencement of the
installation, construction, reconstruction, reworking, modification, replacement or
operation of a new Unregulated Pipeline, the Pipeline Operator shall submit an
application and pay a fee in the amount set in the City's Fee Schedule for a Unregulated
Pipeline Permit to the City.
(b) An Unregulated Pipeline Permit application shall meet the following
requirements:
(1) Any applications for a new Unregulated Pipeline or other activities
regulated by this Subdivision shall be submitted to the City on a form prescribed
by the City; and
(2) Each application for a Unregulated Pipeline Permit shall be accompanied
by two (2) paper sets and one (1) electronic set of plans showing the dimensions
and locations of the Unregulated Pipeline and related items or facilities within the
subject right-of-way or easement, as well as all proposed lift stations, pumps or
other service structures related to such pipeline and the location, type and size of
all existing utilities, drainage, right-of-way and roadway improvements. The plans
must additionally show the elevation and location of all known public utilities
within fifteen feet (15') of the centerline of the proposed pipeline. Any application
that fails to meet these requirements will be returned as incomplete to the
Applicant; and
(3) Within thirty (30) days after the date of filing of said application and plans,
the Administrator shall send notice to the Pipeline Operator as to whether the
application will be accepted for processing and the total charge due. If the
application is returned as incomplete, the Administrator shall provide notice to the
Pipeline Operator of the deficiencies.
(c) The following information shall be provided in the application for a
Unregulated Pipeline Permit:
(1) The name, business addresses and telephone numbers of the Pipeline
Operator; and
(2) The names, titles and telephone numbers of the following:
a. The person signing the application on behalf of the Pipeline
Operator; and
b. The person designated as the principal contact for the submittal; and
c. The person designated as the twenty-four (24) hour emergency
contact; and
Ordinance No. 880 A 64
(3) The origin point and the destination of the proposed subject pipeline; and
(4) A text description of the general location of the proposed subject Pipeline;
and
(5) A description of the substance to be transported through the proposed
subject pipeline; and
(6) A copy of the substance material safety data sheet (MSDS); and
(7) The maximum allowable operating pressure on the proposed subject
pipeline, along with the Specified Minimum Yield Strength (SMYS) of the pipe,
its pressure class and design calculations in accordance with 49 CFR 192.105,
assuming a Class 3 or better location; and
(8) The normal operating pressure range of the proposed subject pipeline; and
(9) Engineering plans, drawings and/or maps with summarized specifications
showing the horizontal location, covering depths, and location of shutoff valves of
the proposed subject pipeline. (The location of shutoff valves must be known in
order for emergency responders to clear area for access valves.) To the extent that
information can be obtained, drawings shall show the location of other pipelines
and utilities that will be crossed or paralleled within fifteen (15') feet of the
proposed subject pipeline right-of-way; and
(10) Detailed cross section drawings for all public street right-of-way and
easement crossings; and
(11) A proposed alignment strip map showing name and address of all affected
property owners; and
(12) A site plan showing the location of such pipeline.
Sec. 9.5-343 Permit Approval Process and Procedures.
If the Administrator determines that the Unregulated Pipeline Permit application is
administratively complete, then the Administrator shall issue the Unregulated Pipeline
Permit.
Ordinance No. 880 A 65
See. 9.5-344 Pipeline Information Reporting Requirements.
(a) Each Pipeline Operator subject to this Subdivision shall provide to the
Inspector, the Fire Marshal and the Police Chief the names, mailing addresses and
telephone numbers of at least two (2) primary persons, officers or contacts available on a
twenty-four (24) hour basis and at least two (2) alternative persons, officers or contacts
to be reached in the event that the primary contacts are unavailable who:
(1) Can initiate appropriate actions to respond to an emergency; and
(2) Have access to information on the location of the closest shutoff valve to
any specific point in the City; and
(3) Can furnish the common name of the material then being carried by the
pipeline.
Any change in the above information must be provided to the City by contacting the
Inspector prior to such change.
(b) Each Pipeline Operator subject to this Subdivision shall file a copy of all
initial or follow-up reports provided to the U.S. Department of Transportation or the
Railroad Commission on unsafe pipeline conditions, pipeline emergencies or pipeline
incidents within the City concurrently with the City. In addition, such Pipeline Operator
shall file any initial or follow-up reports filed with state and federal environmental
regulatory agencies pertaining to pipeline releases within the City concurrently with the
City.
(c) Upon written request, each Pipeline Operator subject to this Subdivision
shall make available during normal business hours and at the Pipeline Operator's local
office, documents for review that are required for submittal to or to be maintained on file
for the U.S. Department of Transportation and the Railroad Commission, including but not
limited to the following:
(1) Operations and maintenance records; and
(2) Employee training records; and
(3) Annual inspection reports; and
(4) Repair records; and
(5) Operating records; and
(6) Insurance records.
See. 9.5-345 No Assumption of Responsibility by City.
Ordinance No. 880 A 66
Nothing in this Subdivision shall be construed as an assumption by the City of
any responsibility of a Pipeline Operator of a Unregulated Pipeline not owned by the
City, and no City officer, employee or agent shall have authority to relieve a Pipeline
Operator from their responsibility under this Subdivision or by any other law, ordinance
or resolution.
Sec. 9.5-346 No Implied Grant of Easement for Street and Right-of-Way Use.
(a) In the event a Unregulated Pipeline is placed within any public right-of-
way under the jurisdiction of the City, the Pipeline Operator shall comply with the right-
of-way use regulations as provided in the City of Southlake Code of Ordinances.
Nothing in this Subdivision grants permission for the use of any street, way or property of
the City, and any such use shall be subject to the City at its sole discretion.
(b) To the extent that the provisions of this Subdivision conflict with the
City's right-of-way use ordinance, this Subdivision shall control.
Sec. 9.5-347 Violations.
(a) Any Pipeline Operator subject to this Subdivision, who shall have failed to
comply with this Division, shall be deemed to be maintaining a nuisance and the City
may take such measures to remedy such nuisance, including but not limited to revocation
of the Pipeline Operator's Pipeline Permit.
(b) It shall be a violation of this Subdivision for a person to knowingly make a
misrepresentation of any information to be reported pursuant to this Division. It shall
also be a violation of this Subdivision if the person makes such misrepresentation as a
result of failure to exercise such due diligence of investigation or inquiry, as would a
reasonably prudent Pipeline Operator conducting business in the jurisdiction of the City.
(c) The City shall be entitled to injunctive relief or any other appropriate relief in a
court of appropriate jurisdiction to prevent violation of or to compel compliance with this
Subdivision.
Sec. 9.5-348 Location of Unregulated Pipelines.
(a) A Pipeline Operator of an Unregulated Pipeline shall comply with the conditions
established in this section governing mapping, inventorying, locating or relocating of
unregulated pipelines within private residential areas within the boundaries of the municipality.
(b) All new or relocated unregulated pipelines within private residential areas shall be
located within existing pipeline corridors within the City, unless the Pipeline Operator of the
unregulated pipeline is able to demonstrate to the City Council, pursuant to a variance request
under section 9.5-253, hereof, that such alignment is infeasible. In addition to the criteria set
forth in section 9.5-253, the City Council shall consider the following criteria when determining
Ordinance No. 880A 67
the feasibility of locating the new or relocated unregulated pipeline in established pipeline
corridors in the City:
(1) The availability and cost of established pipeline corridor space; and
(2) The availability and cost of right-of-way to and from the established pipeline
corridor; and
(3) Technical, environmental, safety, efficiency and cost issues related to building,
operating and maintaining both the portion of the unregulated pipeline that would be
located in the established pipeline corridor and the lengths of unregulated pipeline
required to gain access to and from the established pipeline corridor; and
(4) Any delays in right-of-way acquisition or construction of unregulated pipeline
that may result from routing through an established pipeline corridor; and
(5) The availability of an alternative right-of-way to the Pipeline Operator.
(c) Where the City Council determines it is not feasible for a new or relocated
unregulated pipeline to be located within an established pipeline corridor within private
residential areas, the unregulated pipeline must:
(1) For platted property, be located within mandatory front, side yard or rear setback
areas;
(2) For un-platted property, be contiguous and adjacent to the property boundaries of
fee parcels or existing easements to avoid unnecessary fragmentation of land and avoid
diagonal routes that would create unusable slivers of land; and
(3) Avoid areas of unique recreational or aesthetic importance, environmentally
sensitive areas and areas of historical or cultural significance; and
(4) Avoid conflict with the location and opening of planned future streets and laying
of planned water, sanitary sewer and storm sewer lines incident to future private
residential area development.
The ultimate location of an unregulated pipeline that is infeasible of being located or
relocated within an established pipeline corridor within the City shall be established by the City
Council during the variance procedure pursuant to section 9.5-253, taking into account the
requirements of this subsection (c).
(d) The burden of establishing that a pipeline is an unregulated pipeline as
defined in this Article shall be on the Pipeline Operator. If a Pipeline Operator asserts
that a pipeline is an unregulated pipeline as defined in this Article, the Pipeline Operator
shall file a notice so providing with the Administrator with the permit application
required by this Article, accompanied by facts and documentation sufficient to establish
Ordinance No. 880 A 68
such status. The Administrator shall review such notice and documentation and, with the
assistance of the City Attorney, shall determine whether such pipeline is an unregulated
pipeline as defined in this Article. If the Administrator determines that such pipeline is a
regulated pipeline, as opposed to an unregulated pipeline, it shall be so treated; provided,
however, that the Pipeline Operator may appeal such determination as provided in this
Article.
Sections 95.349 to 95.353 reserved for future expansion
SUBDIVISION D. REGULATIONS REGARDING CONDUCT OF
THIRD PARTIES
Section 9.5-354 Subdivision of Property burdened by Pipeline.
(a) When one or more residential lots in a proposed subdivision are crossed or come
by or come within one hundred feet (100) of any existing oil or gas pipeline or pipeline
easement, the subdivider shall, prior to and as a condition of City approval of the subdivision,
execute the following waiver and hold harmless agreement, which shall be duly acknowledged
in the manner provided by law, and which shall thereafter be recorded in the appropriate
deed or other permanent county records:
"[Subdivider Name], by and through its duly undersigned and authorized
officer, does hereby state that it fully realizes that it is applying for a permit
from the City of Southlake to build within one hundred feet (100') of an
existing oil or gas pipeline or pipeline easement, and that the City of Southlake
considers building near such pipeline or pipeline easement to have certain
inherent dangers, including but not limited to explosion and release of noxious,
toxic and flammable substances. For the aforementioned reasons [Subdivider
Name] hereby RELEASES and agrees to forever HOLD HARMLESS the City
of Southlake, Texas, its officers, officials, employees, successors and assigns
from all liability in any way arising from the building, use or habitation of
[structure described in the said permit]."
(b) In all cases in which one or more residential lots in a proposed
subdivision are crossed or come by or come within one hundred feet (100') of any
existing oil or gas pipeline or pipeline easement, the subdivider shall provide a note
on the face of the development plan and record plat stating that the subdivision is
crossed or is located within one hundred feet (100') of an existing oil or gas pipeline,
and indicate the location of such pipeline on the face of the development plan and
record plat.
Sec. 9.5-355 Waiver/Hold Harmless Agreement Required for Issuance of
Building Permit.
(a) Any person, firm or corporation wishing to obtain a building permit for the
erection, construction, reconstruction or expansion of any structure, of which any portion
Ordinance No. 880 A 69
of such erection, construction, reconstruction or expansion would occur within one
hundred feet (100) of an existing oil or gas pipeline or pipeline easement shall, prior to
and as a condition of the issuance of such building permit, execute the following waiver
and hold harmless agreement, which shall be duly acknowledged in the manner provided
by law and which shall thereafter be notarized and recorded in the appropriate deed or
other permanent county records:
"I, [Applicant's Name], do hereby state, on my oath, that I fully realize I am
applying for a permit from the City of Southlake to build within one hundred
feet (100') of an existing oil or gas pipeline easement; that I am fully aware
of the dangers inherent in building near such pipeline or easement, including
but not limited to explosion and release of noxious, toxic and flammable
substances; and, further, that I do hereby RELEASE and agree to forever
HOLD HARMLESS the City of Southlake, Texas, its officers, officials,
employees, successors and assigns from all liability in any way arising from
the building, use or habitation of the structure described in the said permit."
(b) Prior to beginning any excavation, trenching or digging using powered
equipment or hand tools that may damage a pipeline, any person within the City shall be
required to contact the One Call System and any other appropriate underground utility
coordinating systems and determine if there are any pipelines or public utilities in the
vicinity of the proposed activities.
(c) If physical contact is made with a pipeline during any excavation, trenching
or digging, the Pipeline Operator must be notified by the person or agency making the
physical contact with the pipeline for any necessary pipeline inspection or repair.
Section 3: This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances, in which event the conflicting
provisions of such ordinances are hereby repealed.
Section 4: It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance,
since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause,
sentence, paragraph or section.
Section 5: Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this
ordinance shall be fined not more than two thousand dollars and no cents
Ordinance No. 880 A 70
($2,000.00) for each offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
Section 6: All rights and remedies of the City of Southlake are expressly saved as to any and
all violations of the provisions of Ordinance No. 480, as amended and Ordinance
880, as amended, or any other ordinances affecting oil, gas and hydrocarbon
drilling, production, development, and transportation which have accrued at the
time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not,
under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
Section 7: The City Secretary of the City of Southlake is hereby authorized to publish this
ordinance in book or pamphlet form for general distribution among the public,
and the operative provisions of this ordinance as so published shall be admissible
in evidence in all courts without further proof than the production thereof.
Section 8: The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out
the time and place for a public hearing thereon at least ten (10) days before the
second reading of this ordinance, and if this ordinance provides for the imposition
of any penalty, fine or forfeiture for any violation of any of its provisions, then the
City Secretary shall additionally publish this ordinance or its caption and penalty
in the official City newspaper one time within ten (10) days after final passage of
this ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
Section 9: This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and the City Fee Schedule is amended to provide
for the fees provided for herein, and it is so ordained.
PASSED AND APPROVED on the 1st reading the day of IV he 1 , 2008.
YOR
i
ATTEST:
rlJ ~
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the 2():Ih- day of 2008.
NfAYOR
Ordinance No. 880 A 71
ATTE T:
CITY SECRETARY
o ,
a
0
IIt IIItllltSl,
APPROVED AS TO FORM AND LEGALITY:
06cjx
CITY ATTORN
Ordinance No. 880 A 72
INVOICE ititla
Star-Telegram Customer ID: CIT57
400 W.7TH STREET Invoice Number: 288831951
FORT WORTH,TX 76102 RECEIVED
(817)390-7761 Invoice Date: 9/14/07
Federal Tax ID 22-3148254 OCT -
1 2007 Terms: Net due in 21 days
Due Date: 9/30/07
Bill To: PO Number: no po
CITY OF SOUTHLAKE OFFICE OF Ci IY SECRETARY Order Number: 28883195
1400 MAIN ST
STE 440 Sales Rep: 005
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn: ACCOUNTS PAYABLE Publication Date: 9/14/07
Description Location Col Depth Linage MU Rate Amount
CITY OF
CITY OF SOUL Not i a is he eev given ie 13580 I 70 70 LINE $0.81 $56.70
by the City Council
of the City of
Southlake, Texas,
that a public hearing
will be held on Oc-
tober 2,2007,at 5:00
p.m. or immediately Net Amount: $56.70
following the Work
Session. during the
Regular City Council
meeting to be held
in the City Council
Chambers of Town
Hall, 1400 Main
Street, Southlake
Texas. Purpose oil
the public hearing is
to consider the sec-
ond reading of the
following ordinance:
ORDINANCE
NO. 880-A
AN ORDINANCE OF
THE CITY OF
SOUTHLAKE, TEX-
AS REGULATING
THE DRILLING AND
PRODUCTION OF
GAS AND L
WELLS WITHIN THE r .:'''l�s, CHRIST(L.HOLLAND
CITY; PROVIDING A R� .:
PENALTY; PROVID- •% MY COMMISSION EXPIRES ,-,
ING A SAVINGS - _._
CLAUSE; PROVID- %�• *ire Jury 31,2008 - _
ING FOR PUBLICA- .; �5 k
TION; PROVIDING ..
THE STATE O PROVIDINGABI FOR
County of Tarr FLICTIANG OF PROVI-
SIONS; PROVIDING
A CUMULATIVE
CLAUSE; AND ES-,
Before me,a TABLISHING AN said County and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star-
Telegram,pub) EFFSECTION STE gram,Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
attached clippir A oirpopeatlon wno vir t was published in the above named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM
(817)390-7501 orates, disobeys,
omits, neglects or
refuses to comply
with or who resists
the enforcement of
any of the provisions Signed - _ _
of this ordinance
shall be fined not T
SUBSCRIBED housandhan Do aw° ORE ME,THIS Tuesday,Se ern 2007.
offense.
for each'
. ---/-4*- ...)
offense. Each day
that a violation is
permitted co exist Notary Public
shall constitute a
separate offense.
City of Southiake
on Payne
Thank You For our 'yment
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 288831951
Invoice Amount: $56.70
PO Number: no po
Amount Enclosed: $
1 or w INVOICE Preview
Star-Telegram Customer ID: CIT57
400 W.7TH STREET Invoice Number: 296823841
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 5/4/2008
Federal Tax ID 22-3148254 C. IV�+ TZ' Ite:
s: Net due in 21 days
�r- 6 2008 5/31/2008
Bill To: MAY 1 PO Number: NOPO
CITY OF SOUTHLAKE
1400 MAIN ST RZ: Order Number: 29682384
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn:ACCOUNTS PAYABLE Publication Dates: 5/3/2008 -5/4/2008
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE Notice is he I3580 1 133 133 LINE $0.42 $111.23
Sales Discount fO ($8.50)
Misc Fee RG� V $5.00
r fv
MPS 1 J �����
`��f� Net Amount: $107.73
O�C
s"' ; 1 CHRISTY L.HOLLAND
MY COMMISSION EXPIRES
.,,. 1 �. July 31,2008
THE STATE OF TEXAS
County of Tarrant
Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star-
Telegram,published by the Star-Telegram,Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
attached clipping of an advertisement was published in t t .bove named paper on the lister sates:BIDS&LEGAL DEPT. STAR TELEGRAM
(817)390-7501
Signed 2 AWli: Nh&.Al �_k
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monday,M., 05,40 .74 k I
Notary Public /r'/ 4 a. / �� /,'//
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 296823841
Invoice Amount: $107.73
PO Number: NOPO
Amount Enclosed: $ I
CITY
OF SOUTHLAKE
Notice is hereby given
by the City Council
of the City of
Southlake, Texas,
that a public hearing
will be held on May
20,2008,at 5:00 p.m.
or immediately fol-
lowing the Work
Session, during the
Regular City Council
meeting to be held
in the City Council
Chambers of Town
Hall, 1400 Main
Street, Southlake,
Texas. Purpose of
the public hearing is
to consider the sec-
ond reading of the
following ordinance:
ORDINANCE
NO. 880-A
AN ORDINANCE OF
THE CITY OF
SOUTHLAKE, TEX-
AS ("CITY"),
AMENDING ARTI-
CLE IV "GAS AND
OIL WELL DRILLING
AND PRODUCTION"
OF CHAPTER 9.5 OF
THE SOUTHLAKE
CITY CODE, REGU-
LATING THE DRILL-
ING AND PRODUC-
TION OF GAS AND
OIL WELLS WITHIN
THE CITY, TO PRO-
VIDE REVISED
REGULATIONS RE-
GARDING DIS-
TANCE, NOISE AND
TECHNICAL PROVI-
SIONS; ADOPTING
COMPREHENSIVE
PIPELINE REGULA-
TIONS; PROVIDING
A PENALTY• PRO-
VIDING A SAVINGS
CLAUSE PROVID-
ING FOR PUBLICA-
TION; PROVIDING
FOR SEVERABILITY;
PROVIDING FOR
REPEAL OF CON-
FLICTING PROVI-
SIONS; PROVIDING
A CUMULATIVE
CLAUSE; AND ES-
TABLISHING AN
EFFECTIVE DATE.
Sec. 9.5-322 Viola-
tions.
(a) Any pipeline
Owner or Operator
subject to this Divi-
sion,who shall have
failed to comply with
this Division,shall be
deemed to maintain
a nuisance and the
City may take such
measures to remedy
such nuisance, in-
cluding, but not
limited to, revoca-
tion of the pipeline
Owner or Operator's
pipeline permit.
(b) It shall be a
violation of this Di-
vision for a person
to knowingly make a
misrepresentation of
any information to
be reported pursuant
to this Division. It
shall also be a vio-
lation of this Division
if the person makes
such misrepresenta-
tion as a result of
failure to exercise
such due diligence of
investigation or in-
quiry, as would a
reasonably prudent
pipeline Owner or
Operator conducting
business in the ju-
risdiction of the City.
(c) Each violation of
any section, sub-
section or part of
this Division shall be
a separate offense.
Each day of ongoing
violation shall be a
separate offense,
and shall carry with
it a fine of not less
than one thousand
dollars ($1,000.00)
per day nor more
than two thousand
dollars ($2,000.00)
per day.
(d) The City shall be
entitled to injunctive
relief or any other
appropriate relief in
a court of appropri-
ate jurisdiction to
prevent violation of
or to compel com-
pliance with this
Division.
City of Southlake
Lori Payne
City Sect-,tary
INVOICE Draft Only
Star-Telegram Customer ID: CIT57
400 W.7TH STREET RECEIVED Invoice Number: 297536001
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 6/1/2008
Federal Tax ID 22-3148254 JUN 1 F 2008 Terms: Net due in 21 days
Due Date: 6/30/2008
Bill To: OFFICE OF C{TY SECRETARY PO Number: NO PO
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 29753600
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn:ACCOUNTS PAYABLE Publication Dates: 5/29/2008 -6/1/2008
I Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTH-
CITY OF SOUT LAKE ORDINANCE r (b)°eItneshallnit.
be a 1 119 119 LINE $0.00
NO. 880-A violation of this Di-
AN ORDINANCE OF vision for a person
THE CITY OF to knowingly make a
SOUTHLAKE, TEX- misrepresentation of
AS ("CITY"), any information to
AMENDING ARTI- be reported pursuant
CLE IV "GAS AND to this Division. It Net Amount: $0.00
OIL WELL DRILLING shall also be a vio-
AND PRODUCTION" lation of this Division
OF CHAPTER 9.5 OF if the person makes
THE SOUTHLAKE such misrepresenta-
CITY CODE, REGU- tion as a result of
LATING THE DRILL- failure to exercise
ING AND AND such due diligencerof
TION OF GAS AND investigation or in-
OIL WELLS WITHIN quiry, as would a
THE CITY, TO PRO- reasonably prudent
VIDE REVISED pipeline Owner or7 ' 0
REGULATIONS RE- Operator conducting
GARDING DIS- business in the ju-
TANCE, ✓/�
NOISE AND risdiction of the City. C/A r
TECHNICAL PROVI- (c) Each violation of ,Y
SIONS; ADOPTING any section, sub- -, ��
COMPREHENSIVE section or part of --
PIPELINE REGULA- this Division shall be
TIONS; PROVIDING a separate offense. :tP'..'y'•.; m,
A PENALTY- PRO- Each day of ongoing �?• CHRISTY L.HOLLAND (77
VIDING A SAVINGS violation shall be a te; MY COMMISSION EXPIRES \
CLAUSE; PROVID- separate offense, V.ING FOR PUBLICA- and shall carry with July 91,2�8
TION; PROVIDING it a fine of not less ':,°„p„`,�•' ,l
FOR SEVERABILITY; than one thousand
PROVIDING FOR dollars ($1,000.00)
REPEAL OF CON- tper day
w nthousand
FLICTING PROVI- han to
THE STATE I A ONS;cPROVIDING
per day. ($2,000.00)
County of Tar CLAUSE; AND ES- (d) The City shall be
TABLISHING AN entitled toinjunctive
EFFECTIVE DATE. relief or any other
Before me,a Stions9 )5-322 Viola- a t°cour )ate relief in
of appropri-e,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star-
Telegram,pul(a) Any pipeline,) ate jurisdiction to
9 owner or Operator prevent violation ofrth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
attached cli subject to this Divi-r or to compel com-a,.' e named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM
PF sion, who shall have or toe with this P P
(817)390-75( failed to comply with Division. e 1
dee Division,shalltbe PASSEDPROV AND AP- ` `
AP-
deemed c maintain I PROVED THIS THE /
a nuisance and the - 20TH DAY OF MAY, \
City may take such _• 2008, DURING THE A"i
measures to remedy REGULAR CITY
such nuisance, in- , COUNCIL MEETING. /
SUBSCRIBEI c lu ng, to,utevo�a AYORWambsganss Andysday,Ju e 0 ill 1 :. / •
tion of the pipeline : ATTEST: Lori Payne, R / ,
Owner or Operators City Secretary 1I4' _ —
-r-/Notary Public _ _
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 297536001
Invoice Amount: $0.00
PO Number: NO PO
Amount Enclosed: $