Item 6CORDINANCE NO. 880-A
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS
(“CITY”), AMENDING ARTICLE IV “GAS AND OIL WELL
DRILLING AND PRODUCTION” OF CHAPTER 9.5 OF THE
SOUTHLAKE CITY CODE, REGULATING THE DRILLING AND
PRODUCTION OF GAS AND OIL 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,
on October 5, 2004, the City Council of the City of
Southlake 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 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
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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 Southlake, conforms with
established codes and regulations while minimizing the
potential impact of surface property and mineral rights
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
noninterference 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
Ordinance No. 880 A
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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:
THAT, the above findings are hereby found to be true
and correct and are incorporated herein in their entirety.
Section 2:
THAT, Article IV of Chapter 9.5, of the City of
Southlake City Code is hereby amended to read as
follows:
Ordinance No. 880 A
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ARTICLE IV.
DIVISION 1
GENERAL PROVISIONS
9.5-251 Purpose and Intent.
The exploration, development, and production and transportation
of gas and oil in the City are activities that necessitate reasonable
regulation to ensure that all property owners, 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 gas and oil and other substances produced in
association with gas and oil within the City to protect the health, safety
and general welfare of the public, minimize the potential impact to
property and mineral rights owners, 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 gas and oil
industry. For the purposes of this Article, the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
Administrator: The City Manager or the City Manager’s designated
representative.
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%), and 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.
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Applicant: A person to whom a permit or certificate for the drilling,
operation and production of a well, or the installation or operation of a
pipeline, 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 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 is 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 which are conducted and prior to the point
where the gas is transferred to a carrier for transport.
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 is not limited to, a permanent easement or fee simple title for a
specific purpose.
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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 d 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.
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 pre-
existing utility easement created to contain either (a) a utility other than a
pipeline; or (b) a pre-existing pipeline, provided the location of such
pipeline has been approved as part of a Specific Use Permit or a variance
under this Article; or (3) an easement for a pipeline which easement 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 gas
and oil 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, iIncludinges, but is but not
limited to, scraping or grading a site.
Formatted: Font: Not Italic
Filling: Any addition of rock, dirt, soil, or other earthen material
in conjunction with or anticipation of drilling activities or
construction of a pipeline, i Includinges, but is not limited to,
disposal of excavated materials.
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Floodplain: Any land area susceptible to a general and temporary
condition of partial or complete base flood inundation of normally dry
land areas 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 means 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 within to the residents and citizens of the City.
Franchised utility means an entity authorized to provide utility
services to the public within 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 petroleum or
natural gas or as used 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, and
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.
Hazardous liquid: Any liquid identified as hazardous by any
Federal or State law or regulation, including but not limited to those
Ordinance No. 880 A
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liquids d Defined by the Railroad Commission at 16 Texas
Administrative Code, Section 7.80, Definitions, as amended,
specifically including but not limited to, shall mean 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 liquefied
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 even though 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 and 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 but shall not include (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.
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.
Ordinance No. 880 A
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Field Code Changed
Operation site: The area used for development and production of gas
and oil 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: For each well, tThe person or entity listed on the Railroad
Commission Form W-1 or Form P-4 for a well, 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 gas
and oil lease relating to any premises affected by this Article, the owner of
the fee mineral estate in the premises shall be deemed the 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 initiated by the Operator as part
of its 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 and/or domestic animals, and wildlife,
within the City.
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(3) Death of any person or individual directly attributable
to the operations of the pipeline or well.
(4) Bodily harm to any person that results in 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 to or from the location of a well.
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 an oil or gas pipeline for the purpose of transporting
oil, gas, or other gasses, or liquids related to the production of oil,
gas or other hydrocarbons.
Practicable: In determining what is practicable, the Pipeline
Review Committee shall consider the effectiveness, scientific
feasibility and commercial availability of the technology or
technique. The Pipeline Review Committee may also consider the
cost of the technology or technique.
Private Residential Areas: Any area which is within the territorial
limits of the City of Southlake 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
Ordinance No. 880 A
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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.
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.
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 frorm City
regulations and ordinances by the City regarding construction
standards, safety standards or reporting requirements, under federal
and state rules and regulations.
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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.
9.5-252.5Appeal 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. Upon hearing an appeal, tThe City Council, by the
affirmative vote of a majority of the members then present, may, by
majority vote, 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
Field Code Changed
(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 shall facts or evidence
as the City Council determines is appropriate. The Director or
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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.
(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.
DIVISION 2
GAS AND OIL WELL DRILLING & PRODUCTION
9.5-253Specific 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.
9.5-254 Road Repair Agreement.
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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.
9.5-255Well Permit Required.
(a)No person shall engage in the drilling, production and
transport of gas and oil within the City without first obtaining a well
permit.
(b)An application for a well permit and 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 and 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 gas and oil in
accordance with the limitations set forth in this Article. The laying of
pipelines shall require separate permitting in accordance with Division 2
of this Article.
(d)An original well permit shall not, however, 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 Ordinance No. 585-C, as it may be amended, the City’s
Tree Preservation Ordinance.
9.5-255.5 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, address, and, if possible,
email address; if the Operator is a corporation or other non-
Ordinance No. 880 A
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Field Code Changed
corporeal entity, the state of incorporation or organization, and if
the Operator is a partnership, the names and addresses of the
general partners shall be provided.
(2) Location of seismic survey.
(3) Date and time the seismic survey will be conducted.
(4) Detailed explanation of the seismic survey method to be
used on site.
(5) Date and time the seismic survey will be completed.
(6) Identification of all staging areas.
(7) 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 of two
hundred and fifty dollars and no cents ($250.00) must accompany each
seismic survey permit application.
9.5-256Application and Review of Well Permit.
(a) Every application for a well permit shall be in writing
signed by the Operator, or some 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.
(b) Each well permit application shall contain the following
information:
(1) The date of the application.
(2) An accurate legal description of the lease property to be
used for the oil and/or gas operation, the parcel, and the production
unit and name of the geologic formation as used by the Railroad
Commission. Property recorded by the plat should reference
subdivision, block, and lot numbers, as applicable.
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(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 written summary of how
those requirements will be met.
(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. The transportation route
must be consistent with the requirements of the Specific Use
Permit.
(5) The proposed well name(s).
(6) The surface owner name(s), phone number(s), address(es),
and, if possible, email address(es).
(7) The mineral lessee name(s), phone number(s), address(es),
and, if possible, email address(es).
(8) Operator name, phone number, address, and, if possible,
email address; if the Operator is a corporation or other non-
corporeal entity, the state of incorporation or organization, and if
the Operator is a partnership, the names and addresses of the
general partners shall be provided.
(9) Name, phone number, address, and, if possible, email
address of the individual designated to receive notice.
(10) Name of representative with supervisory authority over all
oil and/or gas operation site activities and a twenty-four hour
phone number.
(11) Owner and address of each parcel of property within one
thousand feet (1,000’) of the proposed drill site.
(12) 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. The site plan shall also depict
the location and description of all improvements, structures,
utilities, and floodplain areas within one thousand feet (1000’) of
the proposed drill site.
(13) The name, address and twenty-four-hour phone number of
the person to be notified in case of an emergency.
Ordinance No. 880 A
16
(14) The exact acreage and number of wells included in the
permit application.
(15) 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.
(16) A signed statement of intent to execute a road repair
agreement with the City as provided in this Article.
(17) 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.
(18) A description of the water source to be used during well
fracturing, drilling and/or operations.
(19) A copy of the approved Railroad Commission permit to
drill together including attachments and survey plats that are
applicable to the drill and/or operation sites.
(20) A copy of the storm water pollution prevention plan
complying with all in accordance with the requirements of the
City.
(21) A copy of the tree protection plan complying with all
requirements of the City.
(22) An copy of the erosion control plan complying with all
requirements of the City.
(23) A copy of the hazardous materials management plan
complying with all requirements of the City. In addition to the
hazardous materials management plan, 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.
(24) An copy of the emergency response plan complying with
all requirements of the City.
(25) A copy of the 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 9.5-265, hereof.
Ordinance No. 880 A
17
(26) A copy of the signage plan complying with all
requirements of the City for both the drill site and pipelines. A
representative sample of each sign required to be displayed at the
operation and drill site shall be provided.
(27) A copy of 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. In addition to the Screening, Fencing
and Landscape Plan, a fully executed third-party landscape
maintenance agreement must be submitted, detailing the frequency
and scope of the landscaping services to be provided.
(28) A copy of the determination by the Texas Commission on
Environmental Quality of the depth of useable quality ground
water.
(29) Evidence of insurance and security meeting the minimum
levels established by this Article.
(30) All materials required pursuant to Division 32 of this
Article governing pipeline installation and safety.
(31) A copy of all applicable right-of-way encroachment
agreements.
(32) 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. Brine water, sulphur
water, or water in mixture with any type of hydrocarbon may not
be used for dust suppression.
(33) A public education plan complying with addressing the
requirements of this Articlesection 9.5-274 hereof.
(34) A description of how the proposed operations are consistent
with and adhere to the Southlake 2025 Plan.
(35) 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.
Ordinance No. 880 A
18
(36) A waste management plan that addresses human, solid, and
drilling production waste.
(c) All applications for a well permit shall be accompanied by
an application dministration and inspection fee in the amount set in the
City’s Fee Scheduleof twenty thousand dollars and no cents ($20,000.00).
(d) If the application for a well permit is approved and a permit
is issued, the Operator shall at all times be required to maintain a fund
with the City containing a minimum running balance 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 separate 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) based on actual costs incurred.
In addition, aAll 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 application
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 make the initial deposit within fifteen (15) days of
approval of the well permit, or fails to replenish 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 the 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.
(fe) Each well permit issued by the City shall:
(1) Identify the name of the well and its Operator.
(2) Specify the date on which the City issued each permit.
(3) Specify the date by which drilling must commence on the
well covered by the permit otherwise the permit expires (such date
shall be one (1) year after the date of issuance). A one (1) year
Ordinance No. 880 A
19
extension of time may be granted if existing conditions are the
same and an application for extension is made to the Planning and
Development Services Director prior to expiration of initial permit.
(4) Specify 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.
(5) Incorporate, by reference, the indemnity, insurance and
security requirements set forth in this Article and specify that no
drilling operations (including the construction of internal private
access roads) shall commence until the Operator has provided such
information.
(6) Incorporate, by reference, the requirement for periodic
reports.
(7) Incorporate, by reference, the conditions of the applicable
Development Plan, and/or Specific Use Permit.
(8) Incorporate, by reference, the information contained in the
permit application.
(9) Incorporate, by reference, the applicable rules, and
regulations of the Railroad Commission, including the applicable
“field rules”.
(10) Contain the name, address, and phone number of the person
designated to receive notices from the City, which person must be
a resident of Texas and available to receive notices by registered or
certified mail.
(11) Incorporate, by reference, all permits and fees required by
the City.
(gf) 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.
(hg) 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.
Ordinance No. 880 A
20
(ih) 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.
9.5-257 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.
(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.
9.5-258 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.
9.5-259Insurance 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, such
insurance to continue until the well is abandoned and the site restored.
The Operator must provide to the City sufficient documentation that the
Ordinance No. 880 A
21
Operator’s insurance complies with the minimum requirements and
coverage amounts of this section the well permit may be issued.
(a) General Requirements: Indemnification and Express
Negligence Provisions
(1) 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 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
Ordinance No. 880 A
22
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 GAS AND OIL 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 ON THE DRILL SITE OR OPERATION SITE
IN THE COURSE AND SCOPE OF PERMITTING OR
INSPECTING AND PERMITTING THE GAS AND OIL
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
Formatted: Font: Bold
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
CONTRIBUTING CAUSE OF THE RESULTANT INJURY,
DEATH, AND/OR DAMAGE.
Formatted: Font: Bold
(2) All policies shall be endorsed to read “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,
Formatted: Font: Bold
except when this policy is being cancelled for nonpayment of
premium, in which case ten (10) days advance written notice is
required”.
(3) 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 CompanyA: VIII or better rating in
accordance with the current Best Key Rating Guide, or (ii) non-
admitted carriers that have a financial rating comparable to carriers
Ordinance No. 880 A
23
Formatted: Font: Bold
licensed to do business in Texas and which are approved by the
City.
(4) Liability policies shall name as “Additional Insured” the
City and other Indemnified Parties. Waivers of subrogation shall
be provided in favor of all Indemnified Parties.
(5) 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 of $150.00 will be charged
to cover the cost of such review.
(6) Claims-made policies shall not be accepted except for
excess policies and Environmental Impairment (or Seepage and
Pollution) policies.
(b) 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 contractors’ 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.
Ordinance No. 880 A
24
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 is 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, gas
and oils, waste material, or other irritants, contaminants or
pollutants. Such policy shall provide for a minimum
combined single limit coverage of ten million dollars and
.
no cents ($10,000,000.00) per occurrenceA 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 agrees to waive rights of subrogation against the City of
Southlake, Texas, 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) covering in
excess of 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.
Ordinance No. 880 A
25
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.
9.5-260Security.
(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 or Zoning Ordinance if the
Operator fails to pay such fines or penalties within fifteen (15)
days of the assessment of such fines or penalties. If fines are not
paid within thirty (30) days of issuance, the well permit may be
suspended or revoked by the City.
(3) Comply with the conditions of the applicable Specific Use
Permit.
(4)Comply with the performance obligations of this Article,
including, but not limited to, the screening requirements.
9.5-261Periodic 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;
(2) The name, address, or twenty-four (24) hour phone number
of the person(s) with supervisory authority over drilling,
production, or operations activities;
(3) The name, address, or phone number of the person
designated to receive notices from the City, which person must be
a resident of Texas that can be served in person or by registered or
certified mail; or
Ordinance No. 880 A
26
Field Code Changed
Formatted: Bullets and Numbering
(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.
st
(c) Beginning on December 31 after each well is completed,
st
and continuing on each December 31 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 have 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.
9.5-262Amended 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 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
Schedulesection 9.5-256 of this Article.
(1) 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 in the amount set in the City’s
Fee Scheduleof five thousand dollars and no cents
($5,000.00). The application fee is not refundable
regardless of the outcome of the application;
b. A description of the proposed amendments;
Ordinance No. 880 A
27
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);
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.
(b) 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 of $1,200.00
shall be charged. The Operator must pay the fee before the amended well
permit will be processed further.
(c) 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.
(d) 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.
(e) 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..
(f) 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.
9.5-263Transfer of Well Permits.
Ordinance No. 880 A
28
(a) A well permit may be transferred upon written request by
the Operator with the consent of the City:
(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;
(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 a copy of the written transfer is provided to the City. The
transfer shall not relieve the transferor from any liability to the City arising
out of any activities conducted prior to the transfer.
9.5-264On-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 which has been constructed.
(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 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 in 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.
Ordinance No. 880 A
29
(f) The Operator shall construct all facilities used for parking,
loading, unloading, driveways and all other vehicular access shall be
constructed 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 must always be maintained in good condition 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 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 waell 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
Field Code Changed
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 side and interior to the masonry screening wall.
(j) 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 gas and oil. Any such separator may serve more than one
well. All production equipment on an operation site shall be maintained at
Field Code Changed
all times.
(l) 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
Ordinance No. 880 A
30
Field Code Changed
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) All fire suppression and prevention equipment required by
any applicable federal, state, or local law, including the requirements of
the Operator’s emergency response plan, shall be provided by the
Operator, at the Operator's cost, and the maintenance and upkeep of such
equipment shall be the responsibility of the Operator. The Operator shall
be required to 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, gas and oil 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 section, other City
ordinances, and the specifications established by the Department of Public
Works.
(o) No person may dig up, break, excavate, tunnel, undermine,
break up, or 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 specifications established
by the City.
(p) No well permit shall be issued for any well to be drilled
within any of the public street or alley 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;
(2) Review the responsibilities of each governmental
organization in response to an emergency or incident;
(3) Review the capabilities of the Operator to respond to an
emergency or incident;
Ordinance No. 880 A
31
(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. All chemicals and/or
hazardous materials shall be stored 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 have
all material safety data sheets (MSDSs) for all hazardous materials on site.
All applicable federal and state regulatory requirements for the proper
labeling of containers shall be followed. Appropriate pollution prevention
actions shall be required and include, but are not limited to, chemical and
materials raised from the ground (e.g., wooden pallets), bulk storage,
instillation and maintenance of secondary containment systems, and
protection from storm water and weather elements.
(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
Ordinance No. 880 A
32
testing be performed during nighttime hours. Drill stem tests may be
conducted only if the well effluent during the test is produced 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 potential 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. All equipment used shall be so
constructed and operated so that vibrations, dust, odor, or other harmful or
annoying substances or effect will be minimized by the operations carried
on at any drill site or from anything incident thereto, to the injury or
annoyance of persons living in the vicinity; nor shall the site or structures
thereon be permitted to become dilapidated, unsightly or unsafe. 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.
(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 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.
Ordinance No. 880 A
33
Field Code Changed
(dd) Fire prevention; sources of ignition. The Operator shall
provide 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, and shall be maintained on the drill
site at all times during drilling and production operations 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.
(3) Parameters to be tested for include but are 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
Ordinance No. 880 A
34
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 designeeDepartment or which is relevant to emergency
management activities at the site. Such Fire Department training must
occur prior to conducting drilling operations under each Operator’s first
well permit.
(ii) Grass, weeds, trash. The Operator shall keep the drill 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.
(jj) Wells within flight path. The Operator of any well intended
to be located within the flight path of an airport must obtain Federal
Aviation Administration approval and must submit a fully executed and
recorded avigation 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 updatekeep such plan by filing current with any additions,
modifications, and/or amendments regardingto all construction related
activities and oil and natural gas operations and production. The Operator
shall file such uUpdated plans shall be submitted to 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.
(ll) 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 planbe of durable material,
maintained in good condition, be lighted or illuminated during
nighttime, and, unless required otherwise by the Railroad
Commission, shall have a surface area of not less than two (2)
Ordinance No. 880 A
35
square feet or more than four (4) square feet and shall contain be
lettered with the following:
a. Well name and number;
b. Name of Operator;
c. Address of property;
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 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 planbe of durable material, maintained in good
condition, be lighted or illuminated during nighttime, and, unless
required otherwise by the Railroad Commission, shall have
lettering at least four inches (4”) in height and shall be red on
white background or white on a red background. 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 conform to the
approved sign planshall be of durable material, maintained in good
condition, be lighted or illuminated during nighttime, be mounted
on a steel post,, and, unless required otherwise by the Railroad
Commission, shall be white in color with red letters that are a
minimum of eight inches (8”) in height. 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. Onsite 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.
Ordinance No. 880 A
36
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 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.
(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 sign shall conform to the approved
sign planbe of durable material, maintained in good condition, be lighted
or illuminated during nighttime, and, unless required otherwise by the
Ordinance No. 880 A
37
Railroad Commission, shall be white in color with red letters that are a
minimum of ________ inches (____”) in height.
(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
aboveground 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.
(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 (H2S) 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 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.
Ordinance No. 880 A
38
(yy) Security System.
(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 party 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.
Ordinance No. 880 A
39
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 City of
Southlake Police Department (SPD) in accordance with the
city's alarm ordinance. The monitoring facility shall notify
the Operator and the Police DepartmentSPD 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
Formatted: Indent: Left: 1", Hanging: 0.5"
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
Formatted: Indent: Left: 1", First line: 0"
calendar year.follows:
Number per calendar year Fine per each
1-3 $ 500.00
4-9 $1,000.00
10-15 $1,500.00
16-20 $2,000.00
21+ $2,000.00 and suspension of Gas Well Permit
(2) Security Camera(s). The Operator shall at all times after the
temporary chain-link perimeter fence is in place, and 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 planbe of durable material,
maintained in good condition, be lighted or illuminated during
nighttime, and, shall be white in color with red letters that are a
minimum of ________ inches (____”) in height. 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 shall meet
the following criteria:
a. capture clear video images of all traffic entering and
exiting the gate(s);
b. capture clear video images of all production
equipment located on the site;
Ordinance No. 880 A
40
c. be equipped with motion detection technology;
d. be equipped with panning technology to pan
immediately to any motion detected on the site;
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 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. All
connections and the sign for the remote foam line arrestor system shall
meet industry specifications and be approved by the Fire Marshal’s office
and the sign shall conform to the approved sign plan.
(aaa) Three-pipe system. The three-pipe system to extract oil and
gas (see Illustration ___) 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 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 writing to the Fire Marshal on an
annual basis that a test of the evacuation plan has been performed.
9.5-265Operations and Equipment Practices and Standards
.
Ordinance No. 880 A
41
(a)The Operator shall take adequate nuisance prevention
measures to prevent or control offensive odor, fumes, dust, noise and
vibration.
(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 the drill site or operation
site. 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), whichever is closer to the well, to
exceed the ambient noise level:
a. by more than ten (10) decibels during fracturing
operations;
b. by more than five (5) decibels during nighttime
hours during backflow operations; and
c. by more than five (5) decibels during daytime hours
and 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 generation equipment. In
lieu of the foregoing, the City may elect to perform the required
noise testing and establish the ambient noise level.
Field Code Changed
Ordinance No. 880 A
42
(3) Adjustments to the noise standards as set forth above in
subsection (1) of this subsection may be permitted in accordance
with the following:
Permitted Increase Duration of Increase
(dBA) (minutes)*
5………………………………………………15
10………………………………………………5
15………………………………………………1
20………………………………….…less than 1
*Cumulative minutes during any one hour
(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. 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 aAny
equipment used during nighttime operations which are required to
have back-up alarms, the Operator shall provide and use only shall
be equipped with 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 dDerrick mMan and dDriller shall communicate only by
walkie-talkie or other non disruptive means when the dDerrick
mMan 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
Ordinance No. 880 A
43
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;
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, nNature and proximity of
adjacent development, location, and type;
2. Seasonal and prevailing weather patterns,
including wind directions;
3. Vegetative cover on or adjacent to the site;
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.
Ordinance No. 880 A
44
(e) Parallel to any gas and oil gathering pipeline, a flow back
line may be installed to handle water and gas and oil flow back following
well fracture treatment.
(f) Except in the case of an emergency, well servicing
operations and any deliveries to the site shall be scheduled to occur during
daytime hours. 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 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.
(j) 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.
(l) The Operator shall install truck shakers along the private
access road to remove mud from vehicles prior to entering the public
right-of-way.
9.5-266Work Over or Re-Working of Well; Notice.
Ordinance No. 880 A
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Any person who intends either to work over 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, in English and Spanish,
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 planbe of durable material, maintained in good condition,
be lighted or illuminated during nighttime, and, shall be white in color
with red letters that are a minimum of ________ inches (____”) in height.
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 9.5-256 of this Article.
9.5-267Well 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 shall be required:
(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’).
(2) New surface casing is required.
(3) Proper floating equipment shall be used.
(4) Class “H” or Class “C” cement with accelerators shall be
used.
(5) The Operator shall circulate cement to surface; if not, the
Operator shall cement with one (1) inch tubing and top off.
(6) The Operator shall wait on cement a minimum of twelve
(12) hours prior to commencing further drilling operations.
Ordinance No. 880 A
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(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 9.5-256 of this Article.
9.5-268 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.
9.5-269 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
Ordinance No. 880 A
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Commission standards, clean the site, clear it of 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;
(2) All equipment, materials, and other surface installations
shall be removed from the drill site;
(3) All concrete foundations, piping, wood, guy anchors and
other foreign materials regardless of depth, except surface casing,
shall be removed from the site;
(4) All holes and depressions shall be filled with clean,
compactable soil;
(5) All waste, refuse or waste material shall be removed from
the drill site;
(6) All other requirements of this Article have been met,
including, but not limited to, restoration of the drill site; and
Ordinance No. 880 A
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(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 9.5-267 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:
(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.
9.5-270Clean 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) a day 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
Ordinance No. 880 A
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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 determine 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 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 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.
9.5-271 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
Ordinance No. 880 A
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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.
9.5-272 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, the following:
(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
delivered pursuant to this section; 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.
Ordinance No. 880 A
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9.5-273 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 -274 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 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
Ordinance No. 880 A
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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.
9.5-275Variance Procedure.
(a) An Operator requesting a permit or other approval required
by this DivisionArticle may apply for a variance from the requirements of
this DivisionArticle 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
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(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.
(6) A notarized consent for signed by all owners of both the
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;
(2) How the operations proposed compare to available
alternatives;
(3) Whether the operations proposed would conflict with the
orderly growth and development of the City;
Ordinance No. 880 A
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(4) The economic consequence if the variance is not granted;
(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 proposedApproval of a variance
must receive the affirmative vote of requires a majority of the that a
minimum of ____ members of the City Council then present; provided,
however, that with respect to a variance frim 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 notmembers vote
in favor of the approval. 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.
(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 Sspecificial Uuse Ppermit may be considered with and granted as part of
the Specifical Use Permit application.
9.5-2756Appeal 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. Upon hearing an appeal, the City Council may, by majority
vote, may affirm, reverse or modify the decision of the Director or
Ordinance No. 880 A
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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 Any appeal shall be governed by the following rules and
procedures:
(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 shall 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 of the case and a short summary of
and the reasons for the ruling; the appellant shall then have an
opportunity to present the facts and evidence relied upon by the
appellant; its case, and the City Council shall then may consider
any facts comments 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) Submission of Wwritten 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.
No formal testimony or swearing of witnesses shall be required,
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and the City Council may consider shall facts or evidence as the
City Council determines is appropriate. The City Council may ask
questions of the Director, Administrator, appellant and any other
interested persons as the City Council determines is appropriate.
Ordinance No. 880 A
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The City Council may limit the time for any presentation in its sole
discretion.
(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.
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DIVISION 32. OIL AND GAS PIPELINE STANDARDS
SUBDIVISION A. GENERAL PROVISIONS
Sec. 9.5-3056 Purpose.
It is hereby declared to be the purpose of this Division to 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 healthy, 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. 9.5-3067 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. 9.5-306.5 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. 9.5-307 Pipeline Permit Required.
Ordinance No. 880 A
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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 wells, unless the appropriate Pipeline
Permit has first been obtained permitting such activities.
Sec. 9.5-308 General Requirements and Minimum Design
Standards.
(a) A pipeline permit is required as follows:
(1) 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 construct, install,
operate or reconstruct a pipeline or any section of a pipeline
or to operate any pipeline or to assist in the construction,
installation, operation or reconstruction of a pipeline if a
lawful pipeline permit has not been obtained.
SUBDIVISION B. REGULATED PIPELINES
Sec. 9.5-307.5 General Requirements and Construction
Standards.
(a) The provisions of this Subdivision shall govern all
Regulated Pipelines as defined in this Article.(21) Any
applications to construct, lay, rework, wrap or otherwise lower or
replace existing pipelines or install monitoring or recovery wells
shall be submitted to the City in a form prescribed by the City.
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(3) Each application for a pipeline permit shall be
accompanied by five (5) paper sets and one (1) electronic set
of plans showing the dimensions and locations of the
pipelines 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
Ordinance No. 880 A
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proposed pipeline. Any application that fails to meet these
requirements will be returned unfilled to the applicant.
(4) 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.
(b) The following requirements shall apply to all
Regulated Pipelines:
(5) No 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 the
pipeline.
(1b) No Regulated Ppipeline 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.
(2c) In order to install, construct, maintain, repair, replace,
modify, remove or operate a Regulated Pipeline, enable the
Pipeline Operator to move gas, oil, water or other products to
or from the location of a well, the Pipeline Operator must first
obtain from the City an easement or license on, over, under,
along or across any affectedthe City streets, sidewalks, alleys
and other City property for the purpose of constructing,
laying, maintaining, operating, repairing, replacing and
removing pipelines. Such easement or license shall continue
for so long as pipeline production or operations may be
continued under any Regulated Ppipeline Ppermit.
(c) issued pursuant to this Division; provided, however,
The Pipeline Operator of any Regulated Pipeline such permittee
shall:
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(1) Not interfere with or damage existing utilities including
but not limited to: water, sewer or gas lines, storm drains, electric
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lines or the facilities of public utilities located on, under or
across the course of such right-of-way.
Ordinance No. 880 A
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(2) Furnish to the Inspector a site plan showing the location
of such pipelines for the transport of gas, oil or hydrocarbons.
Said site plan shall conform to the City’s standards for site plans,
pursuant to section 40 of the Zoning Ordinance, as amended.
(32) Construct such pipelinelines or cause same to be
constructed out of new pipe.
(43) Grade, level and restore the affected such property to the
same surface condition, as nearly practicable, as existed before
operations were first commenced.
All requirements of this division shall be completed by the Pipeline
Operator prior to any pipeline permit being considered as being
administratively complete. Following completion of all such
requirements, the application shall be reviewed and approved by the City
Engineer, City Attorney, Administrator, and City Council, as applicable,
prior to any pipeline permit being issued..
(4d) The Pipeline Operator shall backfill all Regulated
Ppipeline trenches and compact such trenches to ninety five
percent (95%) standard density proctor in eight inch (8”) lifts and
construct the all Regulated Ppipelines 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 (8’) below the bottom of any
adjacent roadside ditch. No public roads may be crossed by open
cut. During the backfill of any Regulated Ppipeline 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 Regualted Ppipeline be constructed at
deeper depths based upon future City infrastructure needs. The
Administrtor amy also require that a Regualted Ppipeline be
relocated should it conflict with the proposed alignment and
depth of a gravity dependent utility.
(e) 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, 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:
Ordinance No. 880 A
59
“[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].”
(f) 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.
(5g) Construction, repair and/or maintenance of all
Regulated Ppipelines, gathering lines, and production lines
shall meet or exceed the applicable minimum criteria
established by the statutory or regulatory requirements of
the state and federal governments for such oil and gas
pipelines.
(6hf) Regulated Pipelines Transmission pipelines, gathering
lines and production lines within the City limits shall be
,
constructed in accordance with this SubdDivision and shall be
designed and constructed to 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.
(7ig) Regulated Pipelines subject to this SubdDivision
shall be constructed 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 24 hour pressure
Ordinance No. 880 A
60
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, 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 an appeal as provided in this Article. If
the Pipeline Operator fails to make the initial deposit within fifteen (15)
days of approval of the Regulated Pipeline Permit, or fails to replenish 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 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 the
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) Upon completion of pipeline construction the Pipeline
Operator shall provide the City with as-built or record drawings of the
Ordinance No. 880 A
61
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.
(f) A preconstruction conference with the Pipeline Review
Committee shall be required prior to the commencement of pipeline
construction.
(jh) Construction of the pipeline must commence within
six (6) months of approval by the City or otherwise the pipeline
permit expires. The Director of Planning and Development
Services may grant a one-year extension of time if existing
conditions are the same, as determined by The Director. Once
construction has commenced, the pipeline permit shall continue (i)
until the pipeline covered by the pipeline permit is complete and
the site restored, or (ii) one year has elapsed since the approval
date of the pipeline permit, whichever occurs first. If the p ermit
expires as provided herein, and construction of the 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 Division or other applicable law,
regulation or ordinance.
Sec. 9.5-3089 New 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.
Ordinance No. 880 A
62
Formatted: Indent: First line: 0.5"
(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 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 unfilled to the
applicant.
(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.
(4) (a) At least forty-five (45) days prior to the
scheduled commencement of the construction of a new
pipeline, the Pipeline Operator shall submit an application
and pay a fee in the amount of ______, for a pipeline
permit to the City pursuant to its intention to construct the
pipeline and shall submit tThe following information shall
be provided in the application for a Regulated Ppipeline
Ppermit:
(1)a. The name, business addresses and telephone
numbers of the Pipeline Operator.
(2)b. The names, titles and telephone numbers of
the following:
a1. The person signing the application and
petition for the pipeline construction on
behalf of the Pipeline Operator;
b2. The person designated as the principal
contact for the submittal; and
c3. The person designated as the twenty-four
hour emergency contact.; and
Ordinance No. 880 A
63
Formatted: Indent: Left: 0.5"
Formatted: Indent: Left: 1", First line: 0"
Formatted: Indent: Left: 1", First line: 0"
d. The person or firm that will operate the
pipeline.
(3)c. The origin point and the destination of the
segment of the proposed subject ppipeline to be
constructed.
(4)d. A text description of the general location of the
proposed lanned subject ppipeline.
(5)e. A description of the substance to be transported
Formatted: Indent: Left: 1", First line: 0"
through the proposed subject pipeline.
(6)f. A copy of the substance material safety data
sheet (MSDS).
(7)g. 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.
(8)h. The normal operating pressure range of the
proposed subject pipeline, not to exceed the maximum
allowable operating pressure as designated above.
(9)i. Engineering plans, drawings and/or maps with
summarized specifications showing the horizontal
pipeline location, pipeline covering depths, and
location of shutoff valves of the proposed subject
pipeline. (Tthe 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.
(10)j. 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.
(11)k. Detailed cross section drawings for all public
street right-of-way and easement crossings
Ordinance No. 880 A
64
(12)l. Methods to be used to prevent both internal and
external corrosion.
(13)m. A binder or certificates of all bonds and
insurance as required under this Division.
(14)n. 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.
(15)o. A proposed alignment strip map showing name and
address of all affected property owners.
p. 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.
(b) If the application for a pipeline permit is approved
and a permit is issued, the Pipeline Operator shall at all times be
required to maintain a fund with the City containing a minimum
running balance of fifteen thousand dollars and no cents
($15,000.00) for each permit application approved. The funds
shall be maintained by the City in a separate non-interest bearing
account from which the City shall reimburse itself for the
administrative expenses, consulting fees, contracting fees or the
funding of Inspector position(s). 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 City shall
return the remaining account balance to the Pipeline Operator or
the Pipeline Operator’s approved assign if the pipeline subject to
the 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
Division. No pipeline permit shall be issued if the proposed
activities are not in conformance with this Article and all other
applicable City ordinances, state and federal law.
Sec. 9.5-30910 Permit ReviewApproval Process and
Procedures.
Ordinance No. 880 A
65
(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.
(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.
Formatted: Indent: First line: 0.5"
(db) After the filing submission 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, City 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.
Formatted: Expanded by 0.6 pt
(e) If the Pipeline Review Committee determines that the
City should obtain an independent study or analysis of an application or
petition to construct a new pipeline, upon approval by the City Council,
the City shall engage duly qualified independent consultant(s) or
Formatted: Indent: First line: 0.5"
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
Ordinance No. 880 A
66
inspections deemed necessary by the Pipeline Review Committee or
otherwise required by this Division, shall be billed directly to the
Pipeline Operator’s fund balance established pursuant to this
Subdivisionsection 9.5-309(b), of this Article.
Comment [U1]:
If the Operator is new to the
City, they haven’t funded this yet.
(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.
(d) The Pipeline Operator shall give notice forty-eight (48)
hours prior to the commencement of pipeline construction to all residents
and business establishments that are located within five hundred feet
(500’) of the proposed centerline of the pipeline.
Formatted: Indent: First line: 0.5"
(e) Upon completion of pipeline construction the Pipeline
Operator shall provide the City with as-built or record drawings of the
pipelines within sixty (60) calendar 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.
(fg) Any change in service of a pipeline not previously
addressed by this SubdDivision 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 Ppipeline construction.
(h) If construction of a Regulated Pipeline has not
commended 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 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
Ordinance No. 880 A
67
construction but shall complete any site remediation required by
this Subdivision or other applicable law, regulation or ordinance.
(g) A preconstruction conference with the Pipeline Review
Committee shall be required prior to the commencement of pipeline
construction.
(a)
(b) cde
Sec. 9.5-311 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 that is
communicated to the occupants residents and of habitable
structures business establishments within one thousand feet
Formatted: Indent: Left: 0.25"
(1,000’) of the centerline of a Regulated Ppipeline.
(2) Pipeline information communicated pursuant to
subsection (1) shall contain the following subjects:
a. Pipeline location;
b. Material transported within the pipeline;
c. Pipeline markers;
d. How to recognize a pipeline;
e. How to report a pipeline emergency;
f. Contact information regarding underground
utility locations;
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.
Ordinance No. 880 A
68
(3) Public education information shall be communicated at
least annually in both English and Spanish.
(4) The City shall notify all property owners within one
thousand feet (1,000’) of the proposed pipeline, in writing, by
U.S. regular mail, of the proposed construction date of the
pipeline. The actual cost of said notice shall be billed directly
to the Pipeline Operator’s fund balance established pursuant to
section 9.5-309(b), of this Article.
Sec. 9.5-312 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
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;
(2) Have access to information on the location of the
closest shutoff valve to any specific point in the City; and
Formatted: Indent: Left: 0", Hanging: 1.5"
(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) Every Pipeline Operator subject to this SubdDivision
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 and said information shall be presented to the Inspector
by every Pipeline Operator of a pipeline subject to this Division:
(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
Ordinance No. 880 A
69
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.
(2) Evidence that the Pipeline Operator has current
liability insurance as required by this Subdivision. covering
each respective pipeline in the minimum amount of five
million dollars and no cents ($5,000,000.00). Insurance
carriers must be licensed to conduct business in the state and
possess at least an “A” rating by the A.M. Best Company.
(3) A statement that the pipeline information specified in
subsection (a) 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.
(4) If the A Pipeline Operator of any unregulated pipeline
who has no reporting responsibility to the Railroad
Commission or the U.S. Department of Transportation and is
who may otherwise exempt from operate outside the safety
regulations of either of such these agencies, shall
additionally provide 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;
b. Current operations and maintenance logs;
and
c. Current emergency action plan.
(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.
Ordinance No. 880 A
70
Formatted: Indent: Left: 0.5", First line: 0"
(6) The designated Pipeline Operator subject to this
Subdivision shall submit the annual safety report with respect
to all pipelines subject to the ordinances of the City of
Southlake. 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]§
Formatted: Indent: Left: 0.5", First line: 0"
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
Formatted: Indent: Hanging: 1"
Ordinance No. 880 A
71
Formatted: Indent: Left: 0.5", First line: 0"
Subdivision.
(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.
(7) 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 section 9.5-
309(b), of this Article.
(8) The Pipeline Operator 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, the 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.
(e9) Upon written request, each the 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 such as:
(1) Operations and maintenance;
(2) Employee training;
(3) Annual inspection;
(4) Repair records;
(5) Operating records; and
(6) Insurance.
Ordinance No. 880 A
72
In the case of unregulated pipelines, the City may request any such
additional information that the City deems necessary, in the best
interests of the City, and necessary to protect the public health,
safety and general welfare.
Sec. 9.5-313 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 Ppipeline(s) at each crossing of a
public street, utility easement andor railroad. Marker(s) shall also be
maintained along each Regulated Ppipeline 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;
(2) Twenty-four-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.
(c) Upon specific reasonable request of the owner of real
property on which a residence is located and through which a Regulated
Ppipeline 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. 9.5-314 One Call System.
(a) A Pipeline Operator that transports gas, oil, liquids or
hydrocarbons through a Regulated Ppipeline 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 Ppipeline subject to this SubdDivision 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
Ordinance No. 880 A
73
alternate system between the City and the Pipeline Operators. Said
Pipeline Operator shall maintain such services without interruption for
the life of the Regulated Ppipeline Ppermit. The selected underground
utility coordinating system may be different that the one used by the
City for other underground utility services.
(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.
Sec. 9.5-315 Inactive and Idled Pipelines.
(a) Inactive Pipelines
(1) A Pipeline Operator subject to this Subdivision shall
maintain and keep current all reporting records specified in this
Subdivisionsection 9.5-311 on all inactive pipelines, regardless
of whether such pipelines are inactive or idled.
(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.
(3) If a Regulated Ppipeline is physically isolated as
provided herein, athe 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 9.5-311.
(b) Idled Pipelines
(1) If a Regulated Ppipeline is idled, athe Pipeline Operator
subject to this Subdivision shall make an entry to the required
Ordinance No. 880 A
74
reporting records as required in this Subdivision section 9.5-
311 that the pipeline has been idled.
(2) If a Regulated Ppipeline is idled, athe 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.
(3) Reactivation of idled Regulated Ppipelines shall
require notification of the City pursuant to the standards and
requirements specified in this Subdivisionsection 9.5-311.
Reactivation shall require pressure testing for integrity and
compliance with Railroad Commission and/or United States
Department of Transportation regulations.
Sec. 9.5-316 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:
(1) Prompt and effective response to emergencies:
a. Leaks or releases that can impact public health,
safety or welfare;
b. Fire or explosions at or in the vicinity of a
pipeline or pipeline easement; or
c. Natural disasters.
(2) Effective means to notify and communicate required
and pertinent information to local fire, police, and public
officials during an emergency;
(3) The availability of personnel, equipment, tools and
materials as necessary at the scene of an emergency;
(4) Measures to be taken to reduce public exposure to
injury and probability of accidental death or dismemberment;
(5) Emergency shut down and pressure reduction of a
pipeline;
(6) The safe restoration of service following an emergency
or incident;
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(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 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:
(1) Furnish or update a copy of the emergency response
plan described in subsection (a);
(2) Review the responsibilities of each governmental
organization in response to an emergency or incident;
(3) Review the capabilities of the Pipeline Operator to
respond to an emergency or incident;
(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.
(6) At this meeting, 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,
anythe affected Pipeline Operators subject to this Subdivision shall as
soon as practical communicate to the City:
(1) A general description of the emergency or incident;
(2) The location of the emergency or incident;
(3) The name and telephone number of the person
reporting the emergency or incident;
(4) The name of the Pipeline Operator;
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(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,
athe 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.
(e) Upon discovery of a pipeline emergency or incident,
athe 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 (100) parts per million
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 the 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 the 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. 9.5-317 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. This requirement applies to all pipelines covered by this
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Division, unregulated as well as those operating under federal rules.
(b) If non-emergency repairs necessitate excavation of a
Regulated Pthe pipeline, the Pipeline Operator shall send prior
notification is required 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 aAbove-ground non-emergency repairs that are not
routine maintenance are required, the Pipeline Operator shall send
necessitate prior 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) Without limitation of the methods of giving Tthe notice
required in subsections (b) and (c) , notice shall be 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.
(e) Inspection of the interior of all Regulated Ppipelines
subject to these standards shall comply with United States
Department of Transportation and Railroad Commission rules.
Sec. 9.5-318 No Grant of City Easement, No Assumption of
Responsibility by City.
(a) Nothing in this SubdDivision 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) Nothing in this SubdDivision shall be construed as an
assumption by the City of any responsibility of a Pipeline Operator
of a Regulated Ppipeline 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 SubdDivision or by
any other law, ordinance or resolution.
Sec 9.5-319 Protection and Painting of Structures.
A Pipeline Operator subject to this Subdivision shall keep
protected and painted aAll pipeline risers and all appurtenances
related to Regulated Ppipeline construction and operations which are
Ordinance No. 880 A
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composed of materials which are generally protected or painted.
Such Operator shall be protected and painted and shall be repainted
all such items at sufficiently frequent intervals to maintain same in
good condition. It shall be a violation of this Article Division 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. 9.5-320 Waiver/Hold Harmless Agreement Required
for Issuance of Building Permit.
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 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.”
Sec. 9.5-3201 Street and Right-of-way Use.
(a) In the event a Regulated Pn oil or gas 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. and obtain an appropriate franchise or license for the
use of such right-of-way.
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79
(b) To the extent that the provisions of this SubdDivision
conflict with the City’s right-of-way use ordinance, this
SubdDivision shall controlapply.
Sec. 9.5-3212 Violations.
(a) Any Pipeline Operator subject to this SubdDivision,
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 SubdDivision 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 SubdDivision 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) Each violation of any section, subsection or part of
this SubdDivision 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.
(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
SubdDivision.
Sec. 9.5-323 Bond and Insurance Required.
(a) In the event that a pipeline permit is issued for a
Regulated Ppipeline or other operations under this SubdDivision, 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 Ppipeline 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,
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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 SubdDivision in the construction,
operation and maintenance of the pipeline and related
structure(s).
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.
c. Remove That all litter, machinery, buildings,
trash, and waste used, accumulated or allowed in the
construction of any pipeline will be removed within
ten (10) days of the completion of said construction.
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.
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 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.
(2) In addition to the bond required in subsection (a)(1)
above, each person desiring to construct a Regulated
Ppipeline or to conduct any other work under the provisions
of this SubdDivision 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
Ordinance No. 880 A
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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.
(3) 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;
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);
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 shall 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 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
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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 the 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 Ppipeline
Ppermit.
(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 9.5-323, 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. 9.5-324 Termination of Permit.
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Any violation of the provisions of any or all sections of this
SubdDivision shall be grounds for the termination of any Regulated
Ppipeline Ppermit. The termination of any oil and gas Regulated
Ppipeline Ppermit shall require the immediate cessation of all
operations subject to such the pipeline permit and shall require the
Pipeline Operator subject to this Subdivision to reapply for a new
pipeline permit in full accordance with the provisions of this
SubdDivision.
SUBDIVISION C. UNREGULATED PIPELINES
Sec. 9.5-325 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
Formatted: Centered
pipeline companies, or upon designated drilling tracts and
upon rights-of-way or easements necessary to connect future
Formatted: Font: Bold
wells to present lines.
(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:
(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.
Ordinance No. 880 A
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Formatted: Indent: First line: 0.5"
(2) Grade, level and restore the affected property to the same
surface condition, as nearly practicable, as existed before
operations were first commenced.
(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
Formatted: Indent: Left: 0.5"
(1,000’) within the City, the pipeline shall be tied to at least two
(2) GPS City monuments.
Sec. 9.5-308 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.
(2) Each application for a Unregulated Pipeline Permit
shall be accompanied by five (5) 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.
Formatted: Indent: First line: 0.5"
Ordinance No. 880 A
85
Formatted: Indent: First line: 0.5"
(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.
(2) The names, titles and telephone numbers of the
following:
a. The person signing the application on behalf
of the Pipeline Operator;
b. The person designated as the principal contact
for the submittal; and
c. The person designated as the twenty-four hour
emergency contact.
(3) The origin point and the destination of the segment of
the proposed subject pipeline.
(4) A text description of the general location of the
proposed subject Pipeline.
(5) A description of the substance to be transported
through the proposed subject pipeline.
(6) A copy of the substance material safety data sheet
(MSDS).
(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.
(8) The normal operating pressure range of the proposed
subject pipeline.
Ordinance No. 880 A
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(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.
(10) Detailed cross section drawings for all public street
right-of-way and easement crossings
(11) A proposed alignment strip map showing name and address
of all affected property owners.
(12) A site plan showing the location of such pipeline.
Sec. 9.5-309 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. (b)
(c) d(e)
Sec. 9.5-312 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
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;
Formatted: Indent: Left: 0.5"
(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.
Formatted: Indent: First line: 0.5"
Ordinance No. 880 A
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(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 such as:
(1) Operations and maintenance;
(2) Employee training;
(3) Annual inspection;
(4) Repair records;
(5) Operating records; and
(6) Insurance.
Sec. 9.5-318 No Grant of City Easement, No Assumption of
Responsibility by City.
(a) 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) 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. 9.5-320 Street and Right-of-way Use.
Ordinance No. 880 A
88
(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.
(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. 9.5-321 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. 9.5-325 Location of Unregulated Pipelines.
(a) A Pipeline Operator of an Uunregulated Ppipelines 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 9.5-275, hereof, that such alignment is infeasible. In addition to
the criteria set forth in section 9.5-275(b), the City Council shall consider
the following criteria when determining the feasibility of locating the new
or relocated unregulated pipeline in established pipeline corridors in the
City:
Ordinance No. 880 A
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(1) The availability and cost of established pipeline corridor
space;
(2) The availability and cost of right-of-way to and from the
established pipeline corridor;
(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;
(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 the designated corridors 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;
(23) Avoid areas of unique recreational or aesthetic importance,
environmentally sensitive areas and areas of historical or cultural
significance; and
(34) 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
Ordinance No. 880 A
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variance procedure pursuant to section 9.5-275(b), 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 such status. The
Administrator shall review such notice and documentation and, with
Formatted: Bullets and Numbering
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.
SUBDIVISION D. REGULATIONS REGARDING CONDUCT OF
THIRD PARTIES
Section 9.5-___ Subdivision of Property burdened by Pipeline.
(a) 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, 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
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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
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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. 9.5-320 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 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.
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(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
($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.
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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 it
is so ordained.
PASSED AND APPROVED on the 1st reading the _______ day of
______________, 2008.
______________________________
MAYOR
ATTEST:
______________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ______ day of
______________, 2008.
______________________________
MAYOR
ATTEST:
______________________________
CITY SECRETARY
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APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
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