WS Item 3C Attachment AATTACHMENT A
ORDINANCE NO. 880
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, REGULATING THE
DRILLING AND PRODUCTION OF GAS AND OIL WELLS WITHIN THE CITY;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING A CUMULATIVE CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas, is a Home Rule Municipality located in Tarrant
County, Texas, created in accordance with the provisions of the Texas Local
Government Code and operating pursuant to the enabling legislation of the
State of Texas; and
WHEREAS, the City Council of Southlake, Texas, finds that the drilling and production of
gas and oil without proper regulations, may affect the health, safety, and
general welfare of the public and may cause imminent destruction of property
or injury to persons; and
WHEREAS, the City Council of Southlake, Texas, deems it necessary to enact an
ordinance to govern the drilling and production of gas and oil within the
corporate limits of the City of Southlake.
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, Chapter 9.5, of the City of Southlake City Code be hereby amended
by adding a new Article IV, Gas and Oil Well Drilling and Production,
comprising of new Sections A through T, which reads as follows:
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ARTICLE IV. Gas and Oil Well Drilling & Production
A.9.5-251.Purpose and Intent: The exploration, development, and production of gas and
oil in the City is an activity which necessitates reasonable regulation to ensure that all
property owners, mineral and otherwise, have the right to peaceably enjoy their property
and its benefits and revenues. It is hereby declared to be the purpose of this section to
establish reasonable and uniform limitations, safeguards and regulations for operations
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related to the exploring, drilling, developing, 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
encourage the orderly production of available mineral resources.
B.9.5-252.Definitions: All technical industry words or phrases related to the drilling and
production of gas and oil 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
section, the following definitions shall apply unless the context clearly indicates or requires a
different meaning.
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 section.
Ambient Noise Level:
The all encompassing noise level associated with a given environment,
being a composite of sounds from all sources at the location, constituting the normal or
existing level of environmental noise at a given location.
Applicant
: A person 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 section, including,
but not limited to, his or her heirs, legal representatives, successors or assigns.
City:
The City of Southlake, Texas.
City Council:
The City Council of the City of Southlake.
Closed Loop Mud System:
A system utilized while drilling so that reserve pits are not used
and instead steel bins are used to collect all drilling waste.
Daytime:
The period from 7:00 a.m. to 7:00 pm.
Drill Site
: The area used for drilling, completing, or re-working a well.
Drilling
: Any digging or boring of a new well to develop or produce gas and oil or to inject
gas and oil, water, or any other fluid or substance into the earth. Drilling means and includes
the re-entry of an abandoned well. Drilling does not mean or include the re-entry of a well
that has not been abandoned.
Ordinance No. 880
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Environmentally Sensitive Area:
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.
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.
Gas
: Gas and or natural gas, as such terms are used in the rules, regulations, or forms of the
Railroad Commission.
Gas and Oil Well
: Any well drilled for the production of gas and/or oil or classified as a gas
and/or oil Well by the Texas Natural Resources Code or the Railroad Commission. For the
purposes of this ordinance, a “well” includes a gas and/or oil well.
Gas and Oil Well Inspector (Well Inspector)
: An independent qualified gas, oil, or petroleum
consultant familiar with and educated in the gas and oil industry who has been retained by
the City.
Gas and Oil Well Permit
: A permit applied for and issued or denied pursuant to this section
authorizing the drilling, production, and operation of one or more gas and/or oil wells.
Gathering Station
: The site where the gathering and production lines for all the wells
converge , and that may contain equipment used for the production of gas, including, but not
limited to, separator tanks, metering stations, pipelines, and compressors.
Hazardous Materials Management Plan
: The hazardous materials management plan and
hazardous materials inventory statements required by the Fire Code.
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 between 7:00 p.m. and 7:00 a.m.
Operation Site
: The area used for development and production of gas and oil and all related
operational activities after drilling activities are complete.
Operator
: For each well, the person listed on the Railroad Commission Form W-1 or Form
P-4 for a well, that is, 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 section, then such lessee shall also be deemed to be an operator. In the
event that there is no gas and oil lease relating to any premises affected by this section, the
owner of the fee mineral estate in the premises shall be deemed the operator.
Pipeline Easement Map
: A map indicating all gathering line easements. The easements must
be located separately from other utility easements.
Ordinance No. 880
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Protected Use
: Those uses identified in Section 9.5-262(a) of this Article.
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Railroad Commission
: The Railroad Commission of Texas.
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Road Repair Agreement
: A written agreement obligating the operator to repair damage,
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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
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representatives in the performance of drilling or production of any gas and oil wells
authorized by the City.
Well
: A hole or bore to any horizon, formation, or strata for the purpose of producing gas, oil,
or other hydrocarbons.
9.5-253.C. Specific Use Permit Required: The drilling and production of gas and/or oil
within the City shall only be permitted by Specific Use Permit in accordance with Section
45 of Ordinance 480, Comprehensive Zoning Ordinance. A site plan is required with the
Specific Use Permit application and must include all information required by Section 40
and Section 45 of Ordinance 480, Comprehensive Zoning Ordinance.
9.5-253.9.5-254.D. Road Repair Agreement: A Road Repair Agreement shall be
submitted in conjunction with the application for Specific Use Permit. The agreement
must be signed by the operator. The City Manager shall have the authority to execute the
Road Repair Agreement.
9.5-254.9.5-255.E. Gas and Oil Well Permit Required
1.(a)No person shall engage in the drilling and production of gas and oil wells within
the City without first obtaining a Gas and Oil Well Permit.
2.(b)An application for a gas and oil well permit may 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 a gas and oil well Permit unless
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and until a Specific Use Permit is approved by the City Council.
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3.(c)When a gas and oil well permit has been issued covering a Well, the permit shall
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constitute authority for the following, so long as conducted in strict accordance with this
section: drilling, operation, production, gathering of production, maintenance, repair, re-
after: 0.5" + Indent at: 0.5"
working, testing, site preparation consisting of rigs or tank batteries, plugging and
abandonment, and any other activity authorized by this section associated with drilling or
production by the operator or its employees, agents, contractors, subcontractors or
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representatives. A gas and oil well permit shall also constitute authority for the
construction and use of all facilities reasonably necessary or convenient in connection
therewith, including gathering lines and discharge lines, by the operator or his employees,
agents, contractors, subcontractors or representatives, so long as constructed and used in
strict accordance with this section.
Ordinance No. 880
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4.(d)An original gas and oil 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 gas and oil well permit.
5.(e)In addition to obtaining a gas and oil well permit and before establishing a drill
site and access road, the operator must obtain all the necessary permits, including an
eEarth dDisturbance permit from the bBuilding sServices Ddepartment. Other
applications including grading permit, storm water pollution prevention, a drainage plan
shall be approved by the pPublic wWorks dDepartment unless the cCity Eengineer
determines that they are not necessary. The applicant shall also be required to
demonstrate compliance with Ordinance No. 585-C, as it may be amended, the City’s
Tree Preservation Ordinance.
9.5-255.9.5-256.F. Application and Review of Gas and Oil Well Permit
1.(a)Applications for gas and oil well permits shall be submitted in writing on forms
provided by the cCity and signed by the operator. Applications shall include a pipeline
easement map indicating the location and size of all existing and planned pipelines within
both the territorial and extraterritorial limits of the City intended to serve the well or
wells identified in the application; irrespective of whether such pipelines are
owned/operated by the applicant.
2.(b)Applications for gas and oil well permits shall be filed with the Planning
Department and all such permits, if approved, shall be issued by the Director of Planning
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and Development Services. The following fees shall be charged for each application: a)
an administration fee of $500, and b) a $7,500 inspection fee for each well covered by the
permit. The administration fee is not refundable regardless of the outcome of the
application. Incomplete applications shall be returned to the applicant. The City shall
return any application as incomplete if there is a dispute pending before the Railroad
Commission regarding the determination of the operator.
(1) All applications shall be accompanied by a fifteen thousand ($15000) dollar
administration and inspection fee for each well covered in the permit application.
The administration fee portion (for the Specific Use Permit application),
representing five thousand ($5000) dollars of the total fee, is not refundable
regardless of the outcome of the application. Incomplete applications shall be
returned to the Applicant.
(2) If the application for a gas and oil well permit is approved, the applicant shall at
all times be required to maintain an application fund with the City containing a
minimum running balance of Seven Thousand Five Hundred ($7500) dollars for
each well, or Eight Thousand Five Hundred ($8500) dollars for each pad site
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permitted thereunder. 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 it incurs performing, at a minimum, annual inspections of
the applicable operation and drill site and all administrative duties required by this
Article IV, with respect to the applicant's operations. The City shall invoice and
notify the applicant, in writing, of any deduction from the application fund and
Ordinance No. 880
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within fifteen (15) days of receipt thereof, the applicant shall pay to the City, for
deposit into the application fund, the amount necessary to return the balance to
$7500. In the alternative and in lieu of the foregoing, the applicant may provide
the City with an open ended line of credit, from which the City may exercise
charging privileges. All charges made by the City against the line of credit shall
be the sole responsibility of the applicant. Failure to maintain or timely return the
application fund balance to the minimum amount required or, if so elected by the
applicant, failure to maintain an open ended line of credit on behalf of the City,
may result in the suspension or termination of the applicable gas and oil well
permit. Upon final inspection and approval by the City of a restored site the City
shall return the remaining balance account balance to the applicant or the
applicant's approved assign.
3.(c)No gas and oil 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 section, Building Code, Fire Code and all other applicable City Ordinances.
4.(d)Each gas and oil well permit issued by the City shall:
(1) Identify the name of each 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 at least one (1) well
covered by the permit otherwise the permit expires (such date shall not be less
than one (1) year after the date of issuance). A one (1) year extension of time
may be granted if existing conditions are the same and an application for
extension is made to the Fire Marshal prior to expiration of initial permit;
(4) Specify that if drilling is commenced on at least one (1) well covered by the
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permit before the permit expires, the permit shall continue until the wells covered
by the permit are abandoned and the site restored;
(5) Incorporate, by reference, the insurance and security requirements set forth in this
ordinance;
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(6) Incorporate, by reference, the requirement for periodic reports;
(7) Incorporate the full text of the release of liability provisions;
(8) Incorporate, by reference, the conditions of the applicable Development Plan,
and/or Specific Use Permit;
(9) Incorporate, by reference, the information contained in the permit application;
Ordinance No. 880
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(10) Incorporate, by reference, the applicable rules, and regulations of the Railroad
Commission, including the applicable “field rules”;
(11) Specify that no drilling operations (including the construction of internal private
access roads) shall commence until the operator has provided the security
required by this Ordinance;
(12) 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 that can be served
in person or by registered or certified mail; and
(13) Incorporate, by reference, all permits and fees required by the City.
5.(e)A decision to deny an application for a gas and oil 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.
6.(f)If an application for a gas and oil 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 shall accompany each new application.
9.5-256.9.5-257.G. Insurance and Indemnification:
The operator shall provide or cause to be provided the insurance described below for each
well for which a gas and oil well permit is issued, such insurance to continue until the well is
abandoned and the site restored. The operator may provide the required coverage on a
“blanket” basis for multiple wells if the site of each well is sufficiently identified, the limits
of coverage are sufficient as determined by the City within its sole discretion, and the blanket
policy is otherwise approved by the City. The operator must provide to the City sufficient
documentation that the operator’s insurance complies with the requirements of this section
before the issuance of the gas and oil well permit.
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1. General Requirements: Indemnification and Express Negligence Provisions
a. Each Gas and oil Well Permit issued by the City shall include the following language
and regardless of whether such language is actually included in the gas and oil well
permit 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 GAS AND
OIL WELL 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”)
Ordinance No. 880
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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 GAS AND OIL
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 GAS AND OIL WELL PERMIT,
INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES AND DEATH IN
CONNECTION THEREWITH WHICH MAY BE MADE OR ASSERTED BY
OPERATOR, HIS AGENTS, ASSIGNS, OR ANY THIRD PARTIES. OPERATOR
AGREES TO FULLY DEFEND, PROTECT, INDEMNIFY, AND HOLD
HARMLESS THE INDEMNIFIED PARTIES FROM ANY CLAIMS,
LIABILITIES, OR DAMAGES SUFFERED AS A RESULT OF CLAIMS,
DEMANDS, COSTS, OR JUDGMENTS AGAINST THE INDEMNIFIED
PARTIES, CREATED BY OR ARISING OUT OF THE ACTS OR OMISSIONS OF
THE CITY OF SOUTHLAKE OR ANY OF THE OTHER INDEMNIFIED
PARTIES, OCCURRING ON THE DRILL SITE OR OPERATION SITE IN THE
COURSE AND SCOPE OF INSPECTING AND PERMITTING THE 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 INSPECTING
AND PERMITTING THE GAS AND OIL WELLS. IT IS UNDERSTOOD AND
AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN
INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND
PROTECT THE CITY OF SOUTHLAKE, TEXAS AND THE OTHER
INDEMNIFIED PARTIES FROM THE CONSEQUENCES OF THE
NEGLIGENCE OF ANY OF THE INDEMNIFIED PARTIES, WHETHER THAT
NEGLIGENCE IS THE SOLE OR 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.
b. 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, except when this policy is being cancelled for nonpayment of
premium, in which case ten (10) days advance written notice is required”.
Ordinance No. 880
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c. Liability policies shall be written by: (i) carriers licensed to do business in Texas and
with companies with A: 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 licensed to do business in Texas and which are approved by the City.
d. 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.
e. Copies of the pertinent portion of the insurance policies evidencing all coverages and
endorsements required by this section must be presented to the City before the
issuance of the gas and oil well permit, and the acceptance of a policy without the
required limits and/or coverages 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 gas and oil well permit, the City may require the operator to
provide a copy of the most current insurance coverages and endorsements for review
at any time. An administration fee of $150 will be charged to cover the cost of such
review.
f. Claims-made policies shall not be accepted except for excess policies and
Environmental Impairment (or Seepage and Pollution) policies.
2. Required Insurance Coverage:
a. Commercial or Comprehensive General Liability Insurance:
a.1. Coverage should be a minimum Combined Single Limit of Ten Million Dollars
($10,000,000) per occurrence for Bodily Injury and Property Damage, with a
Twenty Million Dollar ($20,000,000) annual general aggregate. 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.2.Underground Reservoir (or Resources) Damage shall be on an occurrence basis,
shall not be limited to sudden and accidental occurrences, shall not have a
discovery or reporting limitation and shall not exclude damage to water tables,
formation or strata.
c.3. Environmental Impairment (or Seepage and Pollution) shall be either included in
the coverage or written 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 oiles, waste material, or other irritants, contaminants
or pollutants. Coverage shall be a minimum combined single limit of Ten Million
Ordinance No. 880
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Dollars ($10,000,000), per occurrence. A discovery period for such peril shall not
be less that 30 days after the occurrence.
b. Automobile Liability Insurance: Minimum Combined Single Limit of Ten Million
Dollars ($10,000,000) per occurrence for Bodily Injury and Property Damage. Such
coverage shall include owned, non-owned, and hired vehicles.
c. Worker's Compensation Insurance: In addition to the minimum statutory
requirements, coverage shall include Employer's Liability limits of at least One
Million Dollars ($1,000,000) for each accident, One Million Dollars ($1,000,000) for
each employee, and a One Million Dollars ($1,000,000) policy limit for occupational
disease, and the insurer agrees to waive rights of subrogation against any of the
Indemnified Parties for any work performed for the City by the Operator.
d. Excess (or Umbrella) Liability Insurance: Minimum limit of Ten Million Dollars
($10,000,000) covering in excess of the preceding liability insurance policies.
e. Control of Well Insurance:
1. Minimum limit of Ten Million Dollars ($10,000,000) per occurrence, with a
maximum deductible of Two Hundred and Fifty Thousand ($250,000) per
occurrence.
1.2. 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 ($500,000) may be added.
(1)9.5-258.H. Security: A security instrument that covers each well must be delivered to
the City before the issuance of the gas and oil well permit for the well. The instrument must
provide that it cannot be cancelled without at least thirty (30) days prior written notice to the
City.
1. As to each well, the instrument shall secure the obligations of the operator to:
a. Comply with the Road Repair Agreement and the insurance provisions set forth in
this section; and
b. Pay fines and penalties imposed upon the operator by the City for any breach of the
gas and oil well permit or Zoning Ordinance.
c. To comply with the conditions of the applicable Specific Use Permit, including, but
not limited to, the screening requirements.
2. The security instrument may be in the form of an irrevocable letter of credit issued by a
bank located in the City of Southlake, Texas and approved by the City or a payment bond
issued by a surety approved by the City. The instrument shall run to the City for the
benefit of the City, shall become effective on or before the date the gas and oil well
Ordinance No. 880
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permit is issued, and shall remain in force and effect for a period not less than six (6)
months after the expiration or termination of the gas and oil well permit or after the well
is plugged and abandoned and the site restored.
3. A certificate of deposit may be substituted for the letter of credit or payment bond. The
certificate shall be issued by a bank located in the City of Southlake, Texas and approved
by the City, shall be payable to the order of the City to secure the obligations of the
operator described above, and shall be pledged to the City with evidence of delivery
provided to the City and an appropriate control agreement signed by the issuing bank
sufficient to perfect the City’s interest in the deposit. Interest on the certificate of deposit
shall be payable to the operator.
4. The amount of the security shall be One Hundred Thousand Dollars ($100,000) for any
single Well and Two Hundred Thousand Dollars ($200,000) for multiple Wells on a
“blanket” basis under the same gas and oil well permit.
5. The form and substance of the documents evidencing the security instruments described
above must be acceptable to the City within its sole discretion.
(2)9.5-259.I. Periodic Reports
1. The operator shall notify the City of any change to the following information within one
(1) business day after the change occurs.
a. The name, address, or phone number of the operator;
b. The name, address, or twenty-four (24) hour phone number of the person(s) with
supervisory authority over drilling, production, or operations activities;
c. 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
d. 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.
2. 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 thirty
(30) days after the operator has notice of the existence of such reports or complaints.
st
3. Beginning on December 31 after each Well is completed, and continuing on each
st
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 gas and oil well permit that have not been previously reported to the City.
Formatted: Indent: Left: 0", First line: 0",
Numbered + Level: 2 + Numbering Style: 1, 2,
Ordinance No. 880
11
3, … + Start at: 8 + Alignment: Left + Aligned
at: 0.75" + Tab after: 1" + Indent at: 1", Tab
stops: Not at 0.25" + 1"
Formatted: Bullets and Numbering
9.5-260.Amended Gas and oil Well Permits
Formatted: Bullets and Numbering
1. An operator must submit an application to the City (Planning Department) to amend an
existing gas and oil well permit, 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.
2. Applications for Amended Gas and Oil 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 of $500. The application fee is not refundable
regardless of the outcome of the application;
b. A description of the proposed amendments;
c. Any changes to the information submitted with the application for the current gas and
oil well permit (if such information has not previously been provided to the City);
d. Such additional information as is reasonably required by the gas and oil well
inspector or City Staff to demonstrate compliance with the applicable Specific Use
Permit and associated site plan and the provisions of this section; and
e. Such additional information as is reasonably required by the gas and oil well
inspector or City Staff to prevent imminent destruction of property or injury to
persons.
Formatted: Indent: Left: 0.5", Numbered +
3. If, in the judgment of the City or the gas and oil well inspector, the activities proposed by
the amendment require an inspection, an inspection fee of $1,200 shall be charged. The
Level: 2 + Numbering Style: a, b, c, … + Start
operator must pay the fee before the amended gas and oil well permit will be issued.
at: 1 + Alignment: Left + Aligned at: 0.75" +
4. Incomplete applications shall be returned to the Applicant. The City shall return any
Tab after: 1" + Indent at: 1", Tab stops: Not
application as incomplete if there is a dispute pending before the Railroad Commission
regarding the determination of the operator.
at 1"
5. If the activities proposed by the amendment are materially different and, in the judgment
of the City or the gas and oil well 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 current permit,
the amendment must be processed as a new gas and oil well permit application.
6. A decision to deny an amendment to a gas and oil 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.
7. No amended gas and oil 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, Building Code, Fire Code and all other applicable City ordinances.
Ordinance No. 880
12
9.5-261.K. Transfer of Gas and oOil Well Permits:
Formatted: Indent: Left: 0", First line: 0",
1. A gas and oil well permit may be transferred upon written request by the operator with
Numbered + Level: 1 + Numbering Style: 1, 2,
the consent of the City:
3, … + Start at: 0 + Alignment: Left + Aligned
a. If the transferee agrees to be bound by the terms and conditions of the current gas and
oil well permit and Road Repair Agreement;
at: 0.19" + Tab after: 1.19" + Indent at:
a.b.If all information previously provided to the City as part of the current gas and oil
1.44"
well permit application is updated to reflect any changes; and
b.c.If the transferee provides the insurance and security required by this section.
Formatted: Bullets and Numbering
2. 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.
i.9.5-262.L. On-site Operation Requirements
Formatted: Indent: Left: 0.5", Numbered +
1.(a)No drill site shall be permitted within one thousand six hundred (1,000’600) feet
of the boundary of any residentially zoned or residentially designated property according
Level: 2 + Numbering Style: a, b, c, … + Start
to the adopted cCity fFuture lLand uUse pPlan, and no drill Site shall be permitted
within:
at: 2 + Alignment: Left + Aligned at: 0.75" +
a.(1) One thousand five hundred (1,5000’) feet of the boundary line of any
Tab after: 1" + Indent at: 1", Tab stops:
abutting property with a public building, hospital, institution, school, day care
0.75", List tab + Not at 1"
center, or
b.(2) One thousand Six hundred (1,000’600) feet from any residential structure
or commercial building. Notwithstanding any provisions of this subsection 9.5-
262(a) this subparagraph (L)(1) to the contrary, a drill site shall be permitted as
close as three hundred (300') feet to any boundary line if all affected property
owners agree in writing.
2.(b)No drill site or operation site shall be located within two hundred (200) feet of a
railroad right-of-way.
3.(c)Erosion control shall comply with the storm water pollution prevention plan
approved by the Public Works Department.
4.(d)A drill site or operation site may only be allowed in a floodplain with the approval
of the City or, where applicable, the U.S. Army Corps of Engineers.
Formatted: Indent: Left: 0", First line: 0",
Numbered + Level: 1 + Numbering Style: 1, 2,
5.(e)There shall be a locked entrance gate to the drill, production, and operation site.
3, … + Start at: 0 + Alignment: Left + Aligned
6.(f)Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED"
in a minimum of six inch (6”) lettering shall be posted at the entrance of each drill site
at: 0.19" + Tab after: 1.19" + Indent at:
and operation site. The sign shall also include the phone number for emergency services
1.44", Tab stops: Not at 0.25"
Ordinance No. 880
13
Formatted: Bullets and Numbering
(9-1-1), the name and phone number for the operator, and the well designation required
by the Railroad Commission in two inch (2”) lettering. The information on the sign shall
be in English and Spanish. The sign shall be reflective.
7.(g)All facilities used for parking, loading, unloading, driveways and all other
vehicular access shall be constructed of concrete, asphalt or an alternative equivalent
strength surface which complies with all Fire Code standards, provided that the drive
approach from the street be constructed of concrete. The surface for such facilities and
drive approach must always be maintained in good condition and repair.
8.(h)A temporary chain-link fence with all-weather screening fabric at least eight (8')
feet in height shall be established around the entire drill site to obscure view of the
drilling activities. A secured entrance gate shall be required. All gates are to be kept
locked when the Operator or his employees are not within the enclosure. A “Knox
Padlock” or a “Knox Box with a key”shall be provided to access the well site to be used
only in case of an emergency. In addition to the foregoing, the applicant shall also be
required to comply with the screening requirements set forth in the Zoning Ordinance of
the City of Southlake, Texas, and such other conditions imposed by the City Council
pursuant to an approved Specific Use Permit.A temporary six-foot chain link or approved
alternative fence with a minimum height of six (6) feet shall be required around a drill
site, and any gate to the site shall be locked when no operations personnel are present.
(i)A masonry wall of a minimum of eight (8') feet in height shall be required to enclose and
visually screen the well and all associated equipment during post-drilling operations. The
Field Code Changed
masonry wall shall have an architectural metal gate that shall remain locked when the
Operator or his employees are not within the enclosure. A “Knox Padlock” or a “Knox
Box with a key”shall be provided to access the well site to be used only in case of an
emergency. In addition to the foregoing, the applicant shall also be required to comply
with the screening requirements set forth in the Zoning Ordinance of the City of
Southlake, Texas, and such other conditions imposed by the City Council pursuant to an
approved Specific Use Permit.
9. The equipment or facilities on an operation site must be enclosed, individually or
collectively, by eight (8) foot high screening. Low-profile equipment or facilities must
be used on the operation site and must not exceed the height of the screening. Any gates
in the screening enclosure shall remain locked at all times when no operations personnel
are present. The operator must provide the City Fire Marshal with a knox box with a key
to access the operation site in case of an emergency. The screening may only be
constructed of the following materials:
a.Brick, stone or split-face concrete masonry unit;
b.Pre-cast concrete wall or pour-in-place concrete wall with a similar appearance as
brick, stone or split-face concrete masonry unit;
c.Earthen berm, appropriately landscaped; or
Ordinance No. 880
14
Field Code Changed
Field Code Changed
Formatted: Indent: Left: 0.5", Numbered +
Level: 2 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 0.75" +
Tab after: 1" + Indent at: 1", Tab stops: Not
at 1"
d.A combination of landscaped earthen berm and one of the construction materials listed
above.
10.(j)No refining process, or any process for the extraction of hydrocarbon products
shall be carried on at a drill site or operation site, except that a dehydrator and separator
may be maintained for the separation of liquids from gas and oil. Any such dehydrator or
separator may serve more than one well. All production equipment on an operation site
shall be maintained at all times.
11.(k)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.
12.(l)Electric lines to the drill site or operation site shall be located underground.
13.(m)All fire suppression and prevention equipment required by any applicable federal,
state, or local law 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.
14.(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.
15.(o)The digging up, breaking, excavating, tunneling, undermining, breaking up, or
damaging of any public street or leaving upon any public street any earth or other
material or obstruction, is prohibited unless the operator has first obtained written
permission from the City, and then only in compliance with specifications established by
the City.
16.(p)No gas and oil 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)Installation of pipelines on, under or across public property. The operator shall apply to
the City for a right-of-way use agreement on, over, under, along or across the City streets,
sidewalks, alleys and other City property for the purpose of constructing, laying,
maintaining, operating, repairing, replacing and removing pipelines. The approval of a
right-of-way use agreement by the City Council shall be discretionary. Operator shall:
Ordinance No. 880
15
Formatted: Justified, Space Before: 12 pt,
Numbered + Level: 1 + Numbering Style: a, b,
c, … + Start at: 1 + Alignment: Left + Aligned
at: 0.25" + Tab after: 0.5" + Indent at: 0.5",
Don't adjust space between Latin and Asian
text, Don't adjust space between Asian text and
numbers
Field Code Changed
(1) Not interfere with or damage existing water, sewer or gas lines or the
facilities of public utilities located on, under or across the course of such
Formatted: Justified
rights-of way.
(2) Furnish to the Public Works Department a site plan showing the location
of such pipelines.
(3) Construct such lines out of pipe in accordance with the City Codes and
regulations.
(4) Grade, level and restore such property to the same surface condition, as
nearly as practicable, as existed prior to the laying of the pipeline.
Formatted: Justified
ii.9.5-263.M. Operations and Equipment Practices and Standards:
1.(a)Adequate nuisance prevention measures shall be taken to prevent or control
offensive odor, fumes, dust, noise and vibration.
2.(b)No person shall permit any lights located on any drill site or operation site to be
Formatted: Justified
directed in such a manner so that they shine directly on public streets, adjacent property
or property in the general vicinity of the drill site or operation site. Site lighting shall be
shielded and directed downward and internally so as to avoid glare on public streets and
buildings within three hundred (300) feet. In addition, all operations shall meet the city’s
Lighting Ordinance 693-B as amended.
3.(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.
4.(d)Noise.
(1) No well shall be drilled, redrilled or any equipment operated at any location
within the city in such a manner so as to create any noise which causes the
Formatted: Indent: Left: 0", First line: 0",
exterior noise level when measured at the nearest Protected Use
receiver's/receptor's property line or one hundred (100) feet from the nearest
Numbered + Level: 1 + Numbering Style: 1, 2,
Protected Use structure (as measured to the closest exterior point of the building),
whichever is closer to the receiver/receptor, that exceeds the Ambient Noise Level
3, … + Start at: 0 + Alignment: Left + Aligned
by more than five (5) decibels during daytime hours and more than three (3)
decibels during nighttime hours. Fracing operations may not exceed the Ambient
at: 0.19" + Tab after: 1.19" + Indent at:
Noise Level by more than ten (10) decibels. Backflow operations may not exceed
1.44", Don't keep with next
the Ambient Noise Level by more than five (5) decibels during nighttime hours.
(2) The Operator shall be responsible for establishing and reporting to the
Formatted: Bullets and Numbering
City the pre-drilling Ambient Noise Level prior to the issuance of a gas
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.
Ordinance No. 880
16
Formatted: Justified
Field Code Changed
(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
Formatted: Justified, Indent: Left: 2"
*Cumulative minutes during any one hour
(4) All workover operations shall be restricted to daytime hours. "Workover
operations" shall mean 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.
(5) The exterior noise level generated by the drilling, redrilling or other
operations of all gas wells located within one thousand (1000) feet of a
Protected Use shall be continuously monitored, 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 Well Inspector may be used to ensure compliance. All
soundproofing shall comply with accepted industry standards and subject
to approval by the City's Fire Department.
(7) The sound level meter used in conducting noise evaluations shall meet the
Formatted: Justified
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 shall be issued for the failure to correct the violation within 24
hours of the notice of violation by the City or the Well Inspector.
(9) During nighttime operations the operation of vehicle audible back-up
alarms shall be prohibited or replaced with approved nonauditory
signaling systems, such as spotters or flagmen. Deliveries of pipe, casing
and heavy loads shall be limited to daytime hours, except for emergency
situations. The Derrick Man and Driller shall communicate by walkie-
talkie or other non disruptive means only when the Derrick Man is in the
derrick. Horns may not be used to signal for connection or to summon
crew (except that a horn may be used for emergency purposes only). The
operator shall conduct onsite meetings to inform all personnel of nighttime
operations noise control requirements.
levels must not exceed seventy (70) decibels at any point three hundred (300) feet from
the drill site. All internal combustion engines used on a drill site must be equipped with
Ordinance No. 880
17
Formatted: Justified
Formatted: Justified
Formatted: Indent: Left: 0.25"
mufflers that will reduce noise to no more than the maximum decibel level set forth herein.
If noise levels at a distance of three hundred (300) feet from a drill site exceed seventy (70)
decibels, a sound reduction enclosure shall be required around a drilling rig and any internal
combustion engines. The noise level during fracturing operations must not exceed the
maximum decibel levels set forth herein.
5.(e)No internal combustion engines shall be permitted in the City during the drilling,
production, compression and transmission phases of operation. Only electric motors
shall be permitted.Noise levels must not exceed sixty (60) decibels beyond the
boundaries of an operation site as defined in the Specific Use Permit and associated site
plan. All internal combustion engines used on an operation site must be equipped with
mufflers that will reduce noise to no more than the maximum decibel level set forth
herein.
Formatted: Bullets and Numbering
6.(f)An operator is allowed to construct, use, and operate such storage equipment and
separation equipment as shown on the applicable Specific Use Permit and associated site
plan and gas and oil well permit. The use of centralized tank batteries is permitted only
Field Code Changed
as shown on the applicable Specific Use Permit and associated site plan and gas and oil
well permit. However, all facilities and operations shall be landscaped to limit any
visibility from adjoing properties or from public rights-of-way.
7.(g)No well may be drilled closer than three hundred (300') feet from a public right-
of-way.All gas and oil wells located within 300 feet of a city street, county road, or state
highway shall be protected from accidents by the installation of steel and/or concrete
barriers.
8.(h)A Closed Loop Mud System shall be used in conjunction with all drilling and
reworking operations for all gas and oil well permits. No open surface pits, except
fracturing pits, shall be allowed for storing or disposal of fluids used or produced in the
operations.No open surface pits shall be allowed for storing or disposal of fluids used or
produced in the operations.
9.(i)In parallel to 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.
10.(j)Vehicles, equipment, and machinery shall not be placed or located on a drill site
or operation site or on any public street, alley, driveway, or other public right-of-way in
such a way as to constitute a fire hazard or to unreasonably obstruct or interfere with
fighting or controlling fires.
11.(k)Except in the case of an emergency, well servicing operations and any deliveries
to the site shall be scheduled to occur between the hours of 7:00 a.m. to 7:00 p.m.,
Monday through Friday, and 9:00 a.m. to 6:00 p.m., Saturday and Sunday, only. The
time limits set forth herein do not apply during the well drilling and well completion
process.
12.(l)Air, gas, or pneumatic drilling shall not be permitted.
Ordinance No. 880
18
Field Code Changed
Field Code Changed
13.(m)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. If for safety or other
reasons, the City elects to perform the removal, the cost of such removal shall be paid by
the operator.
14.(n)Within 60 days of the completion of the well or within 60 days of re-working a
well, the area around the well shall be cleaned up and cleared of all material and
equipment, holes or excavations filled, and the land graded and returned to its original
condition including replanting of vegetation to match the surrounding area.
(o)The The drilling rig shall be removed from the site within 30 days of the completion of
all drilling activities indicated on the applicable gas and oil well permit.
(p)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.
(q)Gathering Stations shall be prohibited in the City.
iii.9.5-264.N. Flow Lines and Gathering Lines
1.(a)An operator shall place an identifying sign, in English and Spanish, at each point
where the operator has constructed or caused to be constructed a flow line or gathering
Field Code Changed
line across a public street or road.
2.(b)An operator shall place a warning sign, in English and Spanish, for lines carrying
Hydrogen Sulfide (HS) gas as required by the Railroad Commission.
2
3.(c)All flow lines and gathering lines within the City (excluding City utility lines and
franchise distribution systems) that are used to transport oil, gas, and/or water shall be
limited to the maximum allowable operating pressure of 100 psi and shall be installed
with at least the minimum cover or backfill specified by the American National Safety
Institute Code, as amended.
4.(d)All flowing lines located within the city must be equipped with both a high/low
pressure shut-off valve and a down-hole valve (storm choke) to close the well in the
event the wellhead is knocked off as a result of an accident.
5.(e)No open testing, venting or flaring of gas and oil wells, except in the event of an
emergency, shall be permitted within the city. All testing must be done in a closed
system.
6.(f)Easements must be acquired for all flow lines, gathering lines and flow back lines.
The location of easements shall be shown in a Pipeline Easement Map.
Ordinance No. 880
19
Formatted: Normal, Justified, Indent: Left:
0", First line: 0", Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 0 +
Alignment: Left + Aligned at: 0.19" + Tab
after: 1.19" + Indent at: 1.44", Don't adjust
space between Latin and Asian text, Don't
adjust space between Asian text and numbers,
Tab stops: Not at 0.25"
Formatted: Font: Bold
7.(g)Structures shall not be built over flow lines or gathering pipelines.
8.(h)All pipelines shall be located underground at a minimum of six (6) feet depth.
The location of all pipelines must be marked with warning signs in accordance with
industry standards. Within the City of Southlake, the distance between such signs shall
not exceed five hundred (500) feet. In addition, during backfill of pipeline excavations,
“Buried Pipeline” warning tape shall be buried one (1) foot above the pipeline to warn
future excavators of the presence of buried pipeline.
9.5-265.Additional Safety and Environmental Requirements:
1.(a) The drilling and production of gas and oil and accessing the drill site or operation
site shall be in compliance with all State and Federal environmental regulations and shall not
occur within environmentally sensitive areas.
2.(b) Access to all operational wells shall be limited to state or federal highways within
the city and to those routes otherwise permitted by Article IV, Chapter 118 of the
Southlake City Code, governing the transportation of heavy vehicles on City streets. In
addition, access within the well site shall be on paved driveways and wells shall be
located on concrete pads.
3.(c) Gas and oil wells may have a target location or bottom-hole location that is under
Formatted: Indent: Left: 0", First line: 0",
an Environmentally Sensitive Area when the well is drilled directionally from a location
outside the Environmentally Sensitive Area.
Numbered + Level: 1 + Numbering Style: 1, 2,
4.(d) Each producing well, flowline, and production facility shall be equipped with
3, … + Start at: 0 + Alignment: Left + Aligned
automated valves that close the well in and safely shuts down the system in the event of
at: 0.19" + Tab after: 1.19" + Indent at:
an abnormal change in operating pressure.
1.44"
5.(e) Each storage tank shall be equipped with a level control device that will
automatically activate a valve to close the well or automatically call the operator’s
response personnel to manually close the well in the event of excess liquid accumulation
in the tank.
6.(f) Storage tank facilities shall be equipped with a secondary containment system
including lining with an impervious material. The secondary containment system shall
be of a sufficient height to contain one and one-half (1½) times the contents of the largest
tank, and the impervious liner shall be covered with at least one (1) foot of sand. Drip
pots shall be provided at pump out connections to contain the liquids from the storage
tank.
7.(g) Tank battery facilities shall be equipped with a remote foam line utilizing a two
and one-half (2.5) inch National Standard Hose Thread female inlet connection in
locations approved by the Fire Department. A lightning arrestor system shall be installed
according to the most current edition of the National Electrical Code.
Ordinance No. 880
20
8.(h) An approved Hazardous Materials Management Plan shall be on file with the Fire
Department. The costs of cleanup operations due to hazards associated with a well site
shall be the responsibility of the operator.
9.(i) No salt-water disposal wells shall be located within the City.
(j) All fracturing pits must have an impervious lining. All fracturing pits must be filled in
and the surface revegetated and returned to a state prior to the creation of the pit(s) after
the drilling of all wells identified in the original application have been completed.
10.Notwithstanding the foregoing, the filling of the fracturing pit shall not be required where
the original application indicates the intent to convert the pit into a permanent water feature
to serve as a neighborhood amenity and includes plans detailing the design and conversion
date for the intended water feature. The City Engineer and City’s Director of Planning must
determine that a water feature is suitable for its intended location and that the design of the
water feature complements the surrounding present or future development. Once a fracturing
pit has been converted to a community water feature, the water contents may no longer be
used to fracture a well. All pits must have an impervious lining.
11.(k) The following inspections shall be required:
(1)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 well inspector in writing at least seventy-two (72) hours prior to setting and
Formatted: Indent: Left: 0.25"
cementing surface casing. In addition, the following shall be required:
1.a. Centralizers must be used at an interval of one (1) centralizer per one hundred
(100) feet, or ten (10) centralizers per one thousand (1,000) feet.
2.b.New surface casing is required.
3.c. Proper floating equipment shall be used.
4.d.Class “H” or Class “C” cement with accelerators shall be used.
5.e. The operator shall circulate cement to surface; if not, the operator shall cement
with one (1) inch tubing and top off.
6.f. The operator shall wait on cement a minimum of eight (8) to twelve (12) hours
prior to commencing further drilling operations.
7.g.The operator shall test the blowout preventer before drilling out of surface casing
to one thousand (1,000) psi.
c.(2) Completion: The operator shall notify the well inspector in writing at least
seventy-two (72) hours prior to starting completion procedures such as fracturing and
perforating. The Well must be equipped with a blowout preventer or x-mas tree in
Formatted: Indent: Left: 0.25", Numbered +
place before this operation is commenced. If a bridge plug is set over a producing
Level: 2 + Numbering Style: a, b, c, … + Start
Ordinance No. 880
21
at: 1 + Alignment: Left + Aligned at: 0.75" +
Tab after: 1" + Indent at: 1", Tab stops: 0.5",
List tab + Not at 1"
Formatted: Indent: Left: 0.75", Bulleted +
Level: 4 + Aligned at: 1.75" + Tab after: 2" +
Indent at: 2", Tab stops: 1", List tab + Not at
2"
Formatted: Bullets and Numbering
formation prior to additional completion, it must be pressure-tested to a sufficient
pressure to ensure that it is not leaking.
d.(3) Pipeline: The operator shall notify the well inspector in writing at least seventy-
two (72) hours prior to the first sale.
e.(4) Final Inspection: After the site has been cleaned up and screened, the operator
shall notify the well 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.
12.(l) The well inspector shall conduct periodic inspections at least once a year of all
permitted wells in the City to determine that the wells are operating in accordance with
the requirements of this section and all regulations of the Railroad Commission. If a
violation of the applicable Specific Use Permit and associated site plan or the gas and oil
well permit is found during an annual inspection, a reinspection fee of $1,200 shall be
charged.
13.(m) If a gas or oil field in the cCity is identified as a Hydrogen Sulfide (HS) field or
2
if a well is producing Hydrogen Sulfide (HS) gas, the operator shall immediately cease
2
operation.
14.(n) The surface locations of all dry wells and/or abandoned operations must be
restored as nearly as possible to its original condition. The city may require the operator
to submit a performance bond to cover the costs of any clean-up necessary.
9.5-266.P. Supplemental Drilling:
Formatted: Bullets and Numbering
(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 gas and oil 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.
9.5-267.Q. Re-working of Well; Notice: Any person who intends to re-work a well
using a drilling rig, to fracture stimulate a well after initial completion, or to conduct seismic
exploration involving explosive charges 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 property giving
the public notice of the activities, including the name, address, and twenty-four (24) hour phone
number of the person conducting the activities. No well shall be re-worked without the approval
of the well inspector. If the well inspector determines that an inspection is necessary, the
operator must pay an inspection fee of $1,200 prior to the inspection.
Ordinance No. 880
22
Formatted: Indent: Left: 0", First line: 0",
Numbered + Level: 1 + Numbering Style: 1, 2,
3, … + Start at: 0 + Alignment: Left + Aligned
at: 0.19" + Tab after: 1.19" + Indent at:
1.44", Tab stops: Not at 0.25"
9.5-268.R. Abandonment of Wells and Pipelines
Formatted: Font: Bold
(a)1. Upon abandonment of a well or well site, within sixty (60) days, the well shall be
plugged in accordance with Railroad Commission standards, the site shall be cleaned and
cleared of all material and equipment, holes or excavations filled, and the land graded and
returned to its original condition including replanting of vegetation to match the
surrounding area. All well casings shall be cut and removed to a depth of at least ten (10)
feet below the surface.
(b)2. No structures shall be built within ten (10) feet of an abandoned well.
(c)3. Upon abandonment of a pipeline, within sixty (60) days of abandonment, a
pipeline must be purged and plugged in accordance with the rules and regulations of the
State of Texas in effect at that time.
(d) A final inspection of the abandoned well site shall be required after the well is plugged
and abandoned and the site is restored in accordance with Section 9.5-265 (k)(4) of this
Article.
9.5-269.S. Remedies of the City
1. If an operator or his/her 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 gas and oil well permit (including any
requirement incorporated by reference as part of the permit), or any applicable provisions
of this section 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. If circumstances warrant proceeding without
notice, no notice shall be required. In any case, failure to give such notice shall not
prohibit the City from pursuing any available remedy.
2. 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:
Field Code Changed
a. The City Manager may suspend the gas and oil well permit until the alleged failure is
cured; and
b. The City Manager may revoke the gas and oil well permit if the operator fails to
initiate and diligently pursue a cure; and
c. The City Manager may seek recourse against the security delivered pursuant to this
section.
Formatted: Normal, Justified, Indent: Left:
0", First line: 0", Numbered + Level: 1 +
Ordinance No. 880
23
Numbering Style: 1, 2, 3, … + Start at: 0 +
Alignment: Left + Aligned at: 0.19" + Tab
after: 1.19" + Indent at: 1.44", Don't adjust
space between Latin and Asian text, Don't
adjust space between Asian text and numbers,
Tab stops: Not at 0.25"
3. The operator may appeal a decision to suspend or revoke the gas and oil well permit to
the City Council.
9.5-270.T. Enforcement, Right of Entry: City Staff and the well inspector are authorized
and directed to enforce this section and the provisions of any gas and oil well permit. Whenever
necessary to enforce any provision of this section or a gas and oil well permit, or whenever there
is reasonable cause to believe there has been a violation of this section or a gas and oil well
permit, City Staff and/or the well inspector may enter upon any property covered by this section
Formatted: Normal, Indent: Left: 0", First
or a gas and oil well permit at any reasonable time to inspect or perform any duty or requirement
imposed by this section. If entry is refused, the City shall have recourse to every remedy
line: 0", Space Before: 12 pt, Don't adjust
provided by law and equity to gain entry.
space between Latin and Asian text, Don't
9.5-271. Variance; appeal procedure.
adjust space between Asian text and numbers
(a) The City Council may hear and decide appeals where it is alleged that there is an
error in an order, requirement, decision or determination made by any administrative
official of the City in the enforcement of this Article. Such appeals must be filed by the
applicant within fifteen (15) days of the rendering of the decision by the administrative
official. The only basis on which the City Council may overturn or modify a decision of
an administrative official shall be error in apply the regulations.
(b) The City Council may hear and decide requests for variances from the terms of
this Article. In determining whether to grant a variance the City Council may consider
any information it deems relevant, including, but not limited to, the nature and
remoteness of site; adjacent property owners’ wishes; and proposed measures to offset
the impact of the operation.
(c) The applicant shall file all appeals and request for variances in writing with the
Department of Planning and Development Services.
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
Field Code Changed
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
Formatted: Justified, Right: 0"
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.
Ordinance No. 880
24
Formatted: Justified, Right: 0"
Formatted: Right: 0"
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 ($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, or any other
ordinances affecting zoning yard regulations which have accrued at the time of
the effective date of this ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in court or not, under
such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
Section 7: The City Secretary of the City of Southlake is hereby authorized to publish this
ordinance in book or pamphlet form for general distribution among the public,
and the operative provisions of this ordinance as so published shall be admissible
in evidence in all courts without further proof than the production thereof.
Section 8: The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out
the time and place for a public hearing thereon at least fifteen (15) 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 days after final passage of this
ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
Ordinance No. 880
25
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.
st
PASSED AND APPROVED on the 1st reading the 21 day of September, 2004.
_______________________________
MAYOR
ATTEST:
_______________________________
CITY SECRETARY
th
PASSED AND APPROVED on the 2nd reading the 5 day of October, 2004.
_______________________________
MAYOR
ATTEST:
_______________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
Ordinance No. 880
26