HomeMy WebLinkAboutOrdinance - 8291-1982 - Adding A Sec. 19A-26 To Code Of Ord. Reg Seismographic Testing In City Limits. - 02/11/1982.l I.
J)-11-<i~ AMENDED BY ORD. 8333
DGV:da ORDINANCE NO. 8291
AN ORDINANCE ADDING A SECTION 19A-26 TO THE CODE. OF ORDINANCES OF THE
CITY OF LUBBOCK; REGULATING SEISMOGRAPHIC TESTING WITHIN THE CITY LIMITS OF
THE CITY OF LUBBOCK; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY, AND
PROVIDING FOR PUBLICATION.
WHEREAS, there has been much recent interest in conducting seismographic
testing within the City of Lubbock; and
WHEREAS, such testing may involve some potential hazards to utility
facilities and equipment and to private property; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT a new Section 19A-26 be added to the Code of Ordinances
of the City of Lubbock, Texas, which shall read as follows:
"Sec. 19A-26. Seismographic Testing; Permit Required; Fee; Procedures.
(A) Permit Required. It shall be unlawful for any person acting
for himself or as agent, employee, independent contractor, or servant for
another person or corporation to conduct seismographic testing within the
city limits of the City of Lubbock without first obtaining a valid permit
for such activity from the City of Lubbock.
(B) Permit Application. Application for seismographic testing
permits shall be made in writing upon forms supplied by the City Secretary
for such purpose not less than ten (10) days prior to the day upon which
such testing is intended to be conducted. Such applications shall con-
tain at least the following information:
1. The name of the individual or corporation making application.
2. The name and address of the agent for the person or corporation
making application.
3. The approximate date upon which such testing will be done.
4. The location of such testing.
5. A statement that the applicant has received permission for
such testing from the landowner and from all affected utility
companys.
6. Evidence of liability insurance in an amount of not less than
$300,000.00 for damage to any person's property as a result of
such testing.
7. The signature of a person authorized to bind the person or
corporation making application.
All applications must be accompanied by a non-refundable fee of $25.00 to
cover the cost of administrative processing and enforcement. Further, if
such application shall be for testing upon the public streets of the City
of Lubbock, the applicant shall be required to execute a hold harmless
agreement for all claims that may be brought against the City of Lubbock
by third parties as a result of such testing. Permits shall be issued by
the. City Secretary.
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{C) Testing Procedures. No'testing shall be done within the city
limits of the City of Lubbock using explosive charges. If such testing
is to be conducted on public streets within the city limits, such testing
shall be conducted as near as possible to the righthand curb or edge of
the roadway and in all instances at least one ten-foot wide lane of
travel shall be left clear of obstruction on the side of the roadway
where testing is being conducted. Testing on public streets shall be
done during daylight hours, not including the hours of 7:30 to 8:30 a.m.
·and 4:30 to 5:30 p.m. on weekdays and flagmen shall be utilized at all
times during testing. Testing on public streets shall not be done on
soft shoulders, embankments or within fifty feet of a bridge.
{D) Permit Denial or Revocation. A permit may be refused if it
fails to contain all of the required information or if it is not signed
by an authorized individual. A permit may be revoked if it is learned
that the information contained in the application for such permit is
untrue in any respect or that the application was signed by a person with
no authority to sign such application.
SECTION 2. THAT should any section, paragraph, sentence, clause, phrase
or word of this ordinance be declared unconstitutional or invalid for any
reason, the remainder of this ordinance shall not be affected thereby.
SECTION 3. THAT violation of any provision of this ordinance shall be
deemed a misdemeanor punishable by a fine not to exceed two hundred dollars as
provided in Sec. 1-5 of the Code of Ordinances of the City of Lubbock.
SECTION 4. THAT the City Secretary is hereby authorized to cause pub-
lication of the descriptive caption of this ordinance as an alternative method
provided by law.
AND IT IS SO ORDERED.
Passed by City Council on first reading this day of~-----------' 1982.
Passed by City Council on second reading this Jlthday of February , 1982.
APPROVED AS TO CONTENT:
& Co.hl\)
Bob Cass, Administrative Assistant
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SMH:pc ORDINANCE NO. ___;;8..;;.2.;;..34.;.._ __ _
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AN ORDINANCE AMENDING CHAPTER 19A OF THE CODE OF ORDINANCES, CITY
OF LUBBOCK, TEXAS, (BEING THE OIL AND GAS DRILLING CODE); TO PROVIDE A
DEFINITION FOR PRODUCTION UNIT; TO PRQVIDE FOR NOTICE AND PUBLIC BEARING
BEFORE THE CITY COUNCIL PRIOR TO THE ISSUANCE OF A PERMIT TO DRILL AN
OIL OR GAS WELL;·TO PROVIDE FOR CONDITIONS THAT MAY BE MADE A PART OF
THE PERMIT BY THE CITY COUNCIL; TO REQUIRE A PERMIT FEE OF FIVE HUNDRED
DOLLARS ($500.00); TO PROVIDE FOR THE APPOINTMENT OF AN OIL AND GAS WELL
INSPECTOR BY THE CITY MANAGER; TO REQUIRE AN ADDITIONAL PERMIT FEE OF
TWO HUNDRED DOLLARS ($200. 00) IF THE PROJECTED DEPTH OF THE WELL IS TO
EXCEED 9, 680 FEET; TO PROVIDE THAT THE DIRECTOR OF PLANNING KEEP A MAP
OF ALL PERMITTED WELLS; TO REQUIRE A PERMIT FEE OF TWO HUNDRED FIFTY
DOLLARS ($250.00) FOR SUPPLEMENTAL DRILLING; TO PROHIBIT THE DRILLING OF
AN OIL OR GAS WELL IN A PUBLIC PARK UNLESS AUTHORIZED IN ACCORDANCE WITH
STATE LAW; TO PROVIDE THAT NO CRUDE OIL STORAGE TANKS BE ERECTED OR
MAINTAINED WITHIN ONE HUNDRED AND FIFTY FEET OF A RESIDENCE OR BUILDING
WITHOUT WRITTEN PERMISSION OF OWNER; TO PROVIDE FOR UNITIZATION WITHIN A
PRODUCTION UNIT; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council has determined that it is fn the best
interest of public policy to develop the natural resources available
within the City of Lubbock; and ·
WHEREAS, due to the nature of oil and gas and the processes involved
in locating these resources, it is determined that oil and gas well
drilling can not be restricted by a zone area but may be a proper use in
any area subject to safe guards and conditions;
WHEREAS, the City Council has found the changes indicated below
would be in the best interest and safety of the citizens of the City of
Lubbock; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
. SECTION 1. THAT Chapter 19A of the Code of Ordinances, City of
Lubbock (being the Oil and Gas Drilling Code), BE and is hereby amended
.bY amending Section 19A-l by adding thereto the following:
"(e) The words "production unit" shall mean the acreage
assigned to a unit by the operator of that unit, and approved by
the City Council, for the drilling of a well. The declaration and
approval of a Production Unit is deemed to unitize all acreage
within such unit and all owners who have ratified or confirmed such
unit in accordance with this ordinance will participate on a pro
rata basis. The acreage, or tracts of land, to be assigned to a
Production Unit shall be selected at the discretion of the owner or
lessee seeking a permit under this section, subject to the following
restrictions:
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(a) The date of the application;
(b) Name of the applicant;
(c) Address of the.applicant; l .
(d) Proposed site of the well, including:
(1) Name of the mineral owner and surface owner;
(2) Name of the lease owner;
(3) Brief description of the land;
(e) Type of derrick to be used;
(f) The proposed depth of the well •
(g) A legal description of the acreage to be included in the
Production Unit, along with a plat setting forth:
1.
2.
3.
4.
The size and shape of such Production Unit (including
the length of the maximum diagonal);
The record ownership of the surface' and minerals
within such Production Unit;
The record ownership of the surface and minerals
immediately adjacent to such Production Unit; and
A surveyed, proposed well location.
If all owners and lessees of oil and gas interests
in tracts within the proposed Production Unit have
voluntarily entered into a unitization and operating
agreement, then such agreements sha11 be attached to
and filed with the Applicant's dri11ing application.
(h) The applicant must show that he owns or controls by
voluntary agreement operating rights with respect to more
than 50 percent in surface area of the Production Unit."
SECTION 5. THAT Chapter 19A of the Code of Ordinances, City of
Lubbock (being the Oil and Gas Drilling Code), BE and is hereby amended
by amending Section 19A-5 to read as follows:
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1. A Production Unit, as defined herein, shall be forty (40)
acres on contiguous tracts of land.
2. The distance between the two farthest points of the
boundary of a-Production Unit~hall not exceed 3,000' in
length. 1 ..
3. The location of a well on a Production Unit may be anywhere
. that complies~· 'with this ordinance."
SECTION 2. THAT Chapter 19A of the Code of Ordinances, City of
Lubbock (being the Oil and Gas Drilling Code), BE and is hereby amended
by amending Section 19A-2 to read as follows:
"Sec. 19A-2. Inspector; Appointment, Compens~tion, Duties.
The City Manager may appoint an oil and gas inspector, and the
compensation shall be set by t~e City Manager. It shall be the
duty of the oil and gas inspector when so appointed to enforce the
provisions of this Chapter."
SECTION 3. THAT Chapter 19A of the Code of Ordinances, City of
Lubbock (being the Oil and Gas Drilling Code), BE and is hereby amended
by amending Section 19A-3 to read as follows:
"Sec. 19A-3. Permit-required; issuing authority.
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It shall be unlawful and an offense for any person acting I
either for himself or acting as agent, employee, independent contractor,!
or servant of any other person, to commence.to drill, or to operate
any well within the city limits of the city or to work upon or
assist in any way in the prosecution or operation of any such well,
without a permit for the drilling and and operation of such well
having first been issued by the authority of the City Council in
accordance with the terms of this chapter."
SECTION 4. THAT Chapter 19A of the Code of Ordinances, City of
.Lubbock (being the Oil and Gas Drilling Code), BE and is hereby amended
by: amending Section 19A-4 to read as follows:
"Sec. 19A-4. Same-Application; filing fee.
Every application for a permit to drill and operate a well
shall be in writing, signed by the applicant or by some person duly
authorized to sign on his behalf, and it shall be filed with the
City Secretary and be accompanied with a filing fee of five hundred
dollars ($500.00) in cash. No application shall request a permit
to drill and operate but one well. The application shall include
full information, including the following:
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"(A) The City Council of the City of Lubbock shall hold a public
hearing on all applications for permits to drill oil or gas wells.
Written notice of all such public hearings shall be sent by the
City Secretary on forms prepared by the City Attorney's Office to
the applicant and all other persons dee~ed by the City Secretary to
be affected. thereby, ana all owners of real property lying within
200 feet of the property on which.the proposed drilling·.site will
be located. Such notice to be given not less than 10 days before
the date set for hearin~ to all such owners Who have rendered their
said property for City taxes as the ownership appears on the last
approved City Tax Roll. Such notice may be served by depositing,
the same properly addressed postage paid in the City Post Office.
Notice shall also be given by publishing the same in a newspaper of
general circulation in the City of Lubbock at least fifteen days
prior to the date set for hearing, which notice shall state the
time and place of such hearing, provided however, all provisions
contained herein with respect to the mailing and publishing of
notices of hearing shall be deemed sufficient upon substantial
compliance with this section. The City Council shall determine
whether or not the application complies with all respects to provisions
of this Chapter, and if it does, the City Council may then f~ the
amount of the prinicpal of the bond and insurance provided for in
Section 19A-9 herein and may issue a permit for the drilling and
operation of the well provided for. The City Council may designate
such additional conditions concerning installation, operation. and
maintenance including, but not limited to the follo~g:
(1) Pollution control
(2) Equipment, time limits
(3) Height of pumping equipment
(4) Control of odors
(5) Control of noise
(6) Fire Protection
(7) Landscaping and screening
(8) Restoration of premises
(9) Blow out prevention
(10) Producing equipment and enclosure
(11) Enclosure and screening of drilling operations
(12) Enclosure in a building
(13) Storage and transport of waste
(14) Appearance and housekeeping
(15) Time of operation
(B) Each permit issued under this chapter shall:
(1) By reference have incorporated therein all the provisions
of this chapter with the same force and effect as if this
chapter were copied verbatim in such permit;
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(2) Specify the well location with particularity to lot
number, block number, name of addition or subdivision, or
other available correct legal description;
(3) Contain and sp~cify that the ~erm of such permit shall be
for a period of one year from the date of the permit and
as'long thereafter as the permittee is engaged in drilling
operations with no cessations of such operations for more
than ninety days, or oil or gas is produced in commercial
quantities from the well drilled pursuant to such permit;
provided, if at any time after discovery of oil or gas
the production thereof in commercial quantities shall
cease, the term shall not terminate if the permittee
commences additional reworking operations within ninety
days thereafter, and if they result in the production of
oil or gas, so long thereafter as oil or gas is produced
in commercial quantities from such well;
(4) Contain and specify such conditions as are by this chapter
authorized and such conditions that the City Council may
designate in accordance with 19A-5(a) of this Chapter.
(5) Specify the total depth to which the well may be drilled,
not exceeding the projected depth, not to exceed 9680
feet; a greater depth will require an additional permit
and permit fee of two hundred dollars. ($200.00).
(6) Contain and specify that no actual operations shall be
commenced until the permittee shall file and have approved
an indemnity bond in the designated principal amount as
so determined by the City Council and conditioned as
specified in Section 19A-9 hereof.
(C) Such permit, in duplicate originals, shall be signed by the
City Manager, and prior to delivery to the permittee shall be
signed by the permittee (with one original to be retained by the
City and one by the permittee); and when so signed shall constitute
the permittee's drilling and operating license, and contractual
obligation of the permittee to comply with the terms of such permit,
and such bond, and this chapter. The Di~ector of Planning will
keep a map that designates the locatipn of all permitted wells and
production units and the number of-the permit for each well and
production unit. · '
(D) If the permit for the well be refused by the City Council, or
if the applicant notifies the City Council in writing that he does
not elect to accept the permit as tendered and wishes to withdraw
his application, or if the bond of the applicant be not approved
and the applicant notifies the City Council in writing that he I
wishes to withdraw his application, then upon the happening of such
an event, the cash deposit provided for to be filed with the application!
shall be returned to the applicant, except that there shall be
retained therefrom by the City one hundred dollars ($100.00) as a
processing fee."
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SECTION 6. THAT Chapter 19A of the Code of Ordinances, City of
Lubbock (being the Oil and Gas Drilling Code), BE and is hereby amended
by amending Section 19A-7 to read as follows:
"Sec. 19A-7. ·Same-Supplemental for deep ..drilling.
t.
(a) Once any well has either been completed as a producer or
abandoned as a dry hole, it shall be unlawful and as offense for
any person to drill sue~ well to a deeper depth than that reached
in the prior drilling operations without the permittee as to such
well obtaining a supplemental permit after filing a supplemental
application with the City Secretary specifying:
(1) The then condition of the well and the casing therein;
(2) The depth to which it is proposed such well be deepened;
(3) The proposed casing program to be used in the connection
with
proposed deepening operations;
(4) Evidence of adequate current tests showing that the
casing strings in such well currently pass the same tests
as are in this chapter provided for in case of the drilling
of the original well.
(b) In the event the City Council is satisfied that such well
may be deepened with the same.degree of safety as existed in the
original well, a supplemental permit may be issued authorizing the
deepening and operation of the well to such specified depth as
applied for upon payment of a supplemental permit fee of two hundred
and fifty dollars ($250.00). In any deeper drilling or any deeper
completion of any deeper production operations the permittee shall
comply with all other provisions contained in this chapter and
applicable to the drilling, completion and operation of a well or
wells."
SECTION 7. THAT Chapter 19A of the Code of Ordinances, City of
Lubbock (being the Oil and Gas Drilling Code), BE and is hereby amended
by. amending Section 19A-8 to read as follows:
"Sec. 19A-8. Same-For conduits on streets and alleys; required.
No permittee shall make any excavations or construct any lines
for the conveyances of fuel, water or minerals, on, under or through
the streets and alleys of the City, without express permission of
the City Council, in writing, and then only in strict compliance
with the ordinances of the City."
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SECTION 8. THAT Chapter 19A of the Code of Ordinances, City of
Lubbock (being the Oil and Gas Drilling Code), BE and is hereby amended
by amending Section 19A-9 to read as follows:
"Sec. 19A-9. Bond and insurance; required; amounts.
In the event a permit be issued by the City Council under the
terms o·f this chapter for the drilling and operation of a well, no
actual drilling operations shall be commenced until the permittee
shall file with the City Secretary a bond and a certificate of
insurance, as follows:
(A) A bond in the principal sum of such amount as bas been
determined by the City Council, but not to be less than
twenty-five thousand dollars ($25,000.00); the bond shall
be executed by a reliable insurance company authorized to
do business in the State of Texas, as surety, and with
applicant as principal, running to the City for the
benefit of the City and all persons concerned, conditioned
that the permittee will· comply with the ter:ms and conditions
of this chapter in the drilling and operation of the
well. Such bond shall become effective on or before the
date it is filed with the City Secretary and remain in
force and effect for at least a period of six months sub-
sequent to the expiration of the term of the permit
issued; and in addition, the bond will be conditioned
that the permittee will promptly pay all fines, penalties
and other assessments imposed upon permittee by reason of
his breach of any of the terms, prov+sions and conditions
of this chapter, and that the permittee will promptly
restore the streets and sidewalks and other public property
of the City which may be disturbed or damaged in the
operations, tc;. their former condition; and that the
permittee will promptly clear all premises of all litter,
trash, waste, and other substances used, allowed, or
occurring in the drilling or producing operations, and
will, after abandonment, grade, level and restore such
property to the same surface condition, as nearly as
possible as existed When operations for the drilling of
the well or wells were first commenced; and that the
permittee will indemnify and hold the City harmless from
any and all liability growing out of or attributable to
the granting of such permit. If at any t±me the City
Council shall deem any permittee's bond to be insufficient
for any reason, it may require the permittee to file a
new bond.
If, after completion of a well, permittee has complied
with all of the provisions of this chapter, such as to
removing derrick, clearing premises, etc., he may apply
to the City Council to have the bond reduced to a s~ of
not less than ten thousand dollars ($10,000.00) for the
remainder of the time the well produces without reworking.
During reworking operations the amount of the bond shall
be maintained at ten thousand dollars ($10,000.00). ,
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(B) In addition to the bond required in paragraph (A) of this
section, the permittee shall carry a policy or policies
of standard comprehensive public liability insurance,
including contractual liability covering bodily injuries
and property damage, naming the permitee and the City, in !
an insurance campany authorized to do business with the 1
State of Texas. Such policy or policies in the aggregate ,.
shall provide for the following minimum coverages: \, l
(1) Bodily i~juries one hundred thousand dollars ($100,000.00)
one person; three hundred thousand dollars ($300,000.00) l
one accident. '
(2) Property damage two hundred thousand dollars ($200,000.00).
Permitee shall file with the City Secretary certificates '
of such insurance as above stated, and shall obtain
the written approval thereof by the City Manager,
who shall act thereon within ten days from the date
of such filing.~ The insurance policy or policies
shall not be cancelled without written notice to the
City Secretary at least ten days prior to the effective
date of such cancellation. In the event such insurance
policy or policies are cancelled, the permit granted
shall terminate, and permittee's rights to operate
under such permit shall cease until permittee files
additional insurance as provided herein. If, after
completion of a well, permittee has complied with
all of the provisions of this chapter, such as to
removing derrick, clearing premises, etc., he may
apply to the City Council to have suCh insurance
policies reduced as follows:
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(a) Bodily injuries, fifty thousand dollars ($50,000.00)!
(b)
one.person; one hundred thousand dollars ($100,000.09:
one accident. I
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Property damage, fifty thousand dollars, ($50,000.00)
for the remainder of the time such well produces I
without reworking. During reworking operations 1
the amount of the insurance policy or policies I
shall be increased to the original amount." I
SECTION 9. THAT Chapter 19A of the Code of Ordinances, City of I Lubbock (being the Oil and Gas Drilling Code), BE and is hereby amended
by amending Section 19A-10 to read as follows:
"Sec. 19A-10. Drilling in parks, streets, and alleys; obstructions;
permit.
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No well shall be drilled in any public park unless authorized
in accordance with state law. No well shall be drilled and no
permit shall be issued for any well to be drilled at any location
which is within any of the streets or alleys of the City, or in
projected highway and str~et or alley, aqd no street or alley shall
·be blocked or eneumbered'or closed in any drilling or production in
any drilling or production operation except by special permit by
order of the City Council, and then only temporarily."
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SECTION 10. THAT Chapter 19A of the Code of Ordinances, City of
Lubbock (being the Oil and Gas Drilling Code), BE and is hereby amended
by amending Section 19A-ll to read as follows:
"See. 19A-ll. Proximity of well to residences; proximity of tanks
to residences; permission.
No well shall be drilled and no permit shall be issued for any
well to be drilled at any location which is nearer than one hundred
fifty feet (150') of any residence or commercial building without
the applicant having first secured the written permission of the
owner or owners thereof. No crude oil storage tank or tanks shall
be erected or maintained within one hundred fifty feet (150') of
any residence or commercial building without the applicant having
first secured written permission of the owner or owners thereof."
SECTION 11. THAT Chapter 19A of the Code of Ordinances, City of
Lubbock (being the Oil and Gas Drilling Code), Be and is hereby amended by
amending Section 19A-24 to read as follows:
"See. 19A-24. Unitization ..
Voluntary unitization is encouraged in order to allow the
efficient recovery of oil and gas by the owner or lessee of an
interest in oil and gas ·beneath a tract of land in the City of
Lubbock, Texas, and to prevent the safety problems of multiple well
drilling in townlot areas.
(a) Filing Of Fair And Reasonable Unitization And Operating
Agreements. If all oWners and lessees of oil and gas
interests in tracts within a proposed Production Unit
have not executed or ratified a voluntary unitization
agreement and unit operating agreement, applicant shall
file a true copy of the proposed agreements including an
estimated cost of drilling .and completing the proposed
well, (APE-Authorization for Expenditures) executed by
applicant in the office of the City Secretary with the
application to drill. Such agreements shall be fair and
reasonable. A voluntary unitization and operating agreement
shall not be considered fair and reasonable if it provides
for.any of the following provisions:
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(b)
Preferential right of the applicant to purchase mineral interests in
the Production Unit; I
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A call on or option to purchase production from the ,.
Production Unit;
Operating charges which include any part of district I
or central office expense other than reasonable
overhead charges;
4. ProHibition against nonoperators questioning
the operation of the Production Unit.
If such unitization agreement and unit operating agreement have not
been executed or ratified by all other owners and lessees of interestE
in oil and gas in tracts within the proposed Production Unit, applicar
shall prepare and submit to the City Secr~tary, with the application:
to drill, proposed forms for such agreements and forms for the j
ratification thereof. After consideration the City Secretary shall !
file such forms if provision is made therein for allocating productiot
among unitized tracts and interests herein in the proportion that j
the surface acreage of each unitized tract bears to the total 1
surface acreage in the Production Unit. Such proposed unitization j
agreement and unit operating agreement shall specify the depths or 1
zones and the minerals (oil, gas or both) to which they apply. I
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Notice Of Filing of Application And Proposed Unitization. If the I
proposed unitization agreement and unit operating agreement have not
been executed or ratified by all leasehold and other owners, and I
such owners' interest have not otherwise been effectively unitized,
no drilling permit shall be issued hereunder until thirty (30) days
after the applicant shall have mailed notice to be sent certifi·ed
mail return receipt requested to the nonunitized owners of minerals,
leaseholds or royalties of each tract within the proposed Production
Unit and shall have published in one issue of a generally circulated
newspaper in the City of Lubbock a notice substantially as follows:
Notice is hereby given that ( ), whose
address is ( ), Applicant:
pursuant to the provisions of the Oil and Gas Drilling Code of
the City of Lubbock, has filed with the City Secretary an
application for a permit to drill a well on a production unit
as defined in and complying with the requirements of Section
.....,.--~--of the Oil and Gas Drilling Code. A plat showing
the lands comprising the proposed production unit is described
as follows: (here insert legal description). The drilling
application, proposed unitization agreement and proposed unit
operating agreement are on file in the office of the City
Secretary and available for examination by all persons during
regular office hours. All interested parties are hereby
notified that they have thirty (30) days after the date
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of this publication within which to execute and deliver
ratifications of the appropriate agreements with respect
to their interest in the minerals and Production Unit
shown in such instrume~ts. Any leasehold or other interest
owner who fails to deliver to-Applicant a properly executed f' ratification within such time shall be deemed to have
repudiated the proposed unit and any right to share in
production from the unit well. Applicant has filed with
the City Secretary a detailed statement of the estimated
costs and expenses involved in connection with the drilling
and completion of said well and the amount in cash allocable
to each tract not under lease to or pooled with leases of
Applicant, which amount the owners of leasehold and other
Operating Rights in each such tract who elect to execute ·
the unit agreement and operating agreement and participate
as Active Operating Interest Owners must pay as provided
in such operating agreement. The ratification forms are
available from Appl~cant or from the City Secretary. The
proposed unit covers all of the (here insert oil, condensate
or gas or oil) with respect to (here insert depths or
zones pooled) in and under the Production Unit referred
to above.
Dated this ___ day of ------~-~ 19 ___ _
Result Of Nonratification Of Production Unit. Leasehold or
other owners who fail to timely and effectively ratify the
proposed unit agreement and operating agreement shall be
deemed to have repudiated the proposed unit and any right to
share in production from the unit well. 'Notwithstanding such
repudiation, if all leasehold and other owners having interests
in said tract or tracts in the Production Unit execute and
deliver to Applicant a valid oil and gas lease with a royalty
provision not to exceed three sixteenths (3/16ths) covering
such tract, using a form of lease that is in substantially the
same form as filed with and approved by the City Secretary,
upon such delivery applicant shall include in the unit, the
leasehold and other owners as royalty owners in the premises
covered by such lease; and from and after the date such lease
is effectively included in the royalty participation in the
unit, and not until such date, and the interests covered by
such lease shall participate, on a royalty basis, in the
production of unitized substances from such unit for such date
forward.
Required Proof For An Additional Well On A Production Unit.
Once the operator of a Production Unit has drilled its first
well on such unit, no other person shall be authorized to
drill an additional well on such Production Unit. The operator
of the Production Unit is authorized to drill a second well
only after a hearing is held before the City Council, with
notice to all interested parties, in Which the operator establishes!!
that such additional well is necessary for the prevention of
physical waste or confiscation of property and a drilling ,.
permit is issued in accordance with the provisions of this .
ordinance. I
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(e) Enhanced Production Operations. Upon the approval of a field-
wide or partial fieldwide unit for cycling, pressure maintenance,
waterflood, secondary and/or tertiary operations by the Railroad
Commission of Texas or its successor regulatory agency the
Production Units or. any portion thereof within such Railroad
Commission approved fieldwide or partial fieldwide unit shall
be automatically·pooled and unitized in accordance with the
unit agreement approved by the Railroad Commission and in
accordance with tne unit operating agreement agreed to by the
unit working interest owners and said Production Unit or
portions thereof shall be operated and produced in accordance
with said Railroad Commission approved unit agreement and all
future royalty payments shall be made in accordance with said
RRC approved unit agreement to those Production Unit owners
who originally elected to participate in_said Production
Unit."
SECTION 12. THAT Chapter 19A of the Code of Ordinances, City of
Lubbock (being the Oil and Gas Drilling Code), BE and is hereby amended
by adding Section 19A-25 to read as follows:
"Sec. 19A-25. Penalties; fine; forfeiture; revocation of permit.
It shall be unlawful and an offense for any person to violate
or neglect to comply with any provision hereof, irrespective of
whether or not the verbiage of each section hereof contains the
specific language that such violation or neglect is unlawful and is
an offense. Any person who shall violate any of the provisions of
this chapter, or any of the provisions of a drilling and operating
permit issued pursuant hereto, or any.condition of the bond filed
by the permittee pursuant to this chapter, or Who shall neglect to
comply with the terms hereof, shall be deemed guilty of a misdemeanor
and shall, on conviction thereof, be fined in any sum not exceeding
two hundred dollars ($200.00); and the violation of each separate
provision of this chapter, and of such permit, and of such bond,
shall be considered a separate offense, and each day's violation of
each separate provision thereof shall be considered a separate
offense. In addition to the foregoing penalties, it is further
provided that the City Council at any regular or special session or
meeting thereof, may, provided ten days' notice has been given to
the permittee that revocation is to be considered at such meeting,
revoke or suspend any permit issued under this chapter and under
which drilling or producing operations are being conducted, in the
event the permittee thereof has violated any provision of such
permit, such bond, or this chapter. In the event the permit is
revoked, the permittee may make application to the City Council for
a reissuance of such permit, and the action of the City Council
thereon shall be final."
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SECTION 13. THAT should any paragraph, sentence, clause, phrase
or word of this Ordinance be declared unconstitutional or invalid for
any reason, the remainder of this Ordinance shall not be affected thereby.
SECTION 14. THAT the ·City Secretary is hereby authorized to
cause publication,of the descriptive caption of this Ordinance as an
alternative method ·provided by law.
AND~IT IS SO ORDERED.
Passed by the City Council on first reading this ___ day of-----'
1981.
Passed
1981.
APPROVED AS TO CONTENT:
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APPLICATION FOR SEISMOGRAPHIC TESTING PERMIT
(Ordinance No, )
DATE: _______ _
NAME OF APPLICANT: -----------------------------
ADDRESS OF APPLICANT: ----------------------------
PHONE: _______________ ___
NAME OF.AGENT: ------------
ADDRESS OF AGENT: --------------------PHONE: --------------
DATE OF TESTING: ---------------
LOCATION OF TESTING: -----------------------------
IS TESTING TO BE ON A PUBLIC STREET?
DO YOU HAVE LANDOWNER'S PERMISSION?
(If yes, attach verification documentation)
DO YOU HAVE APPROVAL OF AFFECTED UTILITY COMPANIES?
(If yes, attach verification documentation)
DO YOU HAVE LIABILITY INSURANCE COVERAGE OF AT LEAST
$300,000? (If yes, attach a copy of the policy)
Yes. __ _ No. __ _
Yes. __ _ No. __ _
Yes. __ _ No;__ __
Yes. __ _ No. __ _
Policy No. ---------------------Insurance Agent: ----~-----------
***************
I, doing business as (or agent for)
-:---:----:-;-----:---:--:=--:---:-:-:-----:-:-·• hereby certify that the above infotlllation
is true and correct and I further certify that will indemnify and hold the City of Lubbock harm~l-es-s-..,f~r-om---a~l~l~l~i~a~b~i~l~i~ty-..,t~o--o_r ____ ___
claims of others which may result from this operation and any damages to City
of Lubbock property caused by or arising from this operation will be paid in
full by ----------------------
APPLICANT (or Agent)
SUBSCRIBED and sworn to before me, a Notary Public, on this -----day of
19_.
Notary Public, Lubbock County, Texas
My collllllission expires: ----------
*************"'*
Fee($25.00). ___ _ Check No. ------Date Received ---------
APPROVED: ~~~~~~----CITY SECRETARY
DISAPPROVED: _______ ....,.,.. _____ _
CITY SECRETARY
REASON: -----------------
DATE: --------------
*******'********
TESTING PROCEDURE: Explosive charges are prohibited. Testing on public
streets shall be done as near as possible to the righthand curb or edge of the
roadway during the daylight hours except 7:30 to 8:30a.m. and 4:30 to S:30
p.m. on weekdays. At least a ten-foot wide lane of travel shall be left clear
on the side of the roadway where testing is being conducted and flagmen shall
be used at all "times. Testing is prohibited on soft shoulders, embankments or
within 50 feet of a bridge.
: (