HomeMy WebLinkAboutOrdinance - 8327-1982 - Amend. Chapter 19A, "Oil And Gas Drilling" By Repealing The Present Chapter 19A. - 05/27/1982;,· ~-,u
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l SMH:da j ORDINANCE NO. 8327
AN ORDINANCE AMENDING CHAPTER 19A OF THE CODE OF ORDINANCES, CITY OF
LUBBOCK, ENTITLED "OIL AND GAS DRILLING", BY REPEALING THE PRESENT CHAPTER 19A
AND IN ITS STEAD ADOPTING A NEW CHAPTER 19A AS AMENDED; PROVIDING FOR A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council has determined that it is in 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 it is difficult to restrict
oil and gas well drilling by a zone area but may be a proper use in any area
subject to safeguards and conditions; and
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 the present Chapter 19A of the Code of Ordinances,
City of Lubbock, Texas, BE and is hereby repealed.
SECTION 2. THAT a new Chapter 19A of the Code of Ordinances BE and is
hereby adopted to read as follows:
11Chapter 19A
OIL AND GAS DRILLING
Sec. 19A-l. Definitions.
For the purposes of this chapter the following words and terms
wherever and whenever used or appearing herein shall have the scope and
meaning hereinafter defined and set out in connection with each:
(A) The word 11well11 shall include and mean any hole or holes,
bore or bores, to any sand, formation, strata or depth for the
purpose of producing and recovering any oil, gas, liquid
hydrocarbon, or any of them. '
(B) The word 11permittee" shall mean the person to whom is issued a
permit for the drilling and operation of a well under this
chapter, and his administrators, executors, heirs, successors
and assigns.
(C) All technical or oil-and-gas-industry words or phrases used
herein and not specifically defined herein shall have that
meaning customarily attributable thereto by prudent operators
in the oil and gas industry.
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(D) The word "lease" as that term is used herein shall mean any
tract of land subject to an oil, gas and mineral lease or other
oil and gas development contract, or any unit composed of
several tracts and leases but operated as one lease, and any
tract of land in which the minerals are owned by an operator or
someone holding under it or him, but which, due to the free
royalty ownership, is developed and operated as a separate
tract.
(E) The words "unitize", "pool", and "force pool" shall refer to
the process of incorporating mineral rights for various tracts
of land within one instrument (the Declaration of Pooled Unit
Agreement) for the purpose of forming the "production unit" in
(F) below.
(F) 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, or pool,
all mineral rights within the Unit. All owners who ratify or
confirm such unit in accordance with this Ordinance shall
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:
(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 shall not exceed three
thousand feet (3,000') in length.
(3) The location of a well on a Production Unit shall be upon
a tract of land wherein the mineral rights are controlled
by voluntary agreement.
(G) (1) The Declaration of the Pooled Unit Agreement shall read
substantially as follows and shall include Exhibits A and
B:
"(Title of Well)
DECLARATION OF POOLED UNIT
THE . STATE OF TEXAS
COUNTY OF LUBBOCK
CITY OF LUBBOCK
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, being the owners of certain valid and sub-
sisting Oil, Gas and Mineral Leases listed in Exhibit "A", attached
hereto and made a part hereof for all purposes, covering and affecting
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certain contiguous tracts of land in Lubbock County, Texas, or being the
owners of the minerals under certain tracts of land as described in
Exhibit B, do, by virtue of the Authority conferred by the terms of said
Oil, Gas and Mineral Leases and all amendments and corrections thereto,
hereby pool, consolidate, combine and unitize said Oil, Gas and Mineral
Leases, and other mineral and royalty interests as to production of oil,
gas, distillate, condensate and other oil and gas substances, from the
lands described in Exhibit "A" (which lands are hereinafter referred to
as Unit Acreage), and do hereby pool, consolidate, combine and unitize
the royalties, working interests, overriding royalties, production pay-
ments, mineral interests, and other interests pertaining to said leases
and/or Unit Acreage and the production therefrom insofar, and only inso-
far, as said Leases and other interests cover and include the oil and gas
rights as hereinafter defined in and under such Unit Acreage, to form an
operation production unit known as the --~~--~------~--~~--------
(hereinafter referred to as "Unit"), con-
taining a total called acreage of 40 acres, more or less, as described in
oxhibit "B" for the production from the Unit of oil, gas, distillate,
condensate and other oil and gas substances from a well or wells on said
Unit. A "well" as used hereinmeans an oil or gas well so classified by
the rules and regulations of the Railroad Commission of Texas and this
Unit includes all production that is produced from any oil or gas well
located on the Unit Acreage.
The production of such oil, gas, distillate, condensate and.other
oil and gas substances from an oil or gas well on any part of said Unit
Acreage shall constitute production of such products from all of the
leases or lands contained in such Unit. Drilling or reworking operations
or other operations conducted on said lands or leases within such Unit
for the production of oil, gas, distillate, condensate and other oil and
gas substances covered by this Declaration of Pooled Unit shall consti-
tute such operations for the production of oil, gas, distillate, con-
densate and other oil and gas substances on all lands and leases included
within the unit.
All oil, gas, distillate, condensate and other oil and gas substances
produced from·any oil or gas .well in such Unit shall be allocated pro-
portionately among all of the tracts within such Unit in the proportion
that the number of surface acres in each of such tracts which are in-
cluded in the Unit bears to the total number of surface acres in such
Unit, and the share of production to which each interest owner is en-
titled shall be computed on the basis of such owner's respective interest
in each tract within the Unit.
It is the intention of the undersigned to include, and they do
hereby include, in said Unit all leases and other mineral or royalty
interests which the undersigned now owns covering the said Unit and any
additional lease or leases or mineral or royalty interests which may be
hereinafter acquired by the undersigned, covering all or any part of the
Unit during the time said Unit remains effective.
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This Unit shall remain in effect for 180 days and as long thereafter
as (1) there is a well on said Unit producting or capable of producing
substances, or (2) operations for drilling or reworking are conducted
thereon with no cessation of more than 180 consecutive days.
This unit shall become effective when approved by the City Council
for the City of Lubbock pursuant to the terms of the Oil and Gas Drilling
Ordinance for the City of Lubbock (Section 19A). Notwithstanding any-
thing in this Declaration to the contrary, the Unit herein created shall
be controlled by the terms and provisions of the Lubbock City Drilling
Ordinance, being Section 19A of the Code of Ordinances for the City of
Lubbock.
This Declaration of Pooled Unit may be executed in counterparts.
Executed this ___ day of ---------' 19 __
Name of Oil Company
Agent/Owner
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned, a Notary Public in and for said County
and State, on this day personally appeared
-------~------~-~---~-------------known to me to be the person whose name is sub-
scribed to the foregoing instrument and acknowledged to me that one is of
the same.
GIVEN UNDER MY HAND AND SEAL THIS THE --------DAY OF ___________________ , 19 ____ •
NOTARY PUBLIC IN AND FOR LUBBOCK
COUNTY, TEXAS"
(2) The Model Operating Agreement shall be contained within
the current approved American Association of Petroleum
Landmen form.
(H) All references in this chapter to the "City Manager" shall mean
the City Manager or his designee.
Sec. 19A-2. Inspector; Appointment, Compensation, Duties, Right of Access.
The City Manager may appoint an oil and gas inspector, and the
compensation shall be set by the City Manager. It shall be the duty of
the oil and gas inspector when so appointed to enforce the provisions of
this Chapter. Whenever necessary to enforce the provision of this ordin-
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ance the Inspector may enter the premises at all reasonable times to
inspect the same. If such entry is refused the Inspector shall have re-
course to every remedy provided by law and equity to secure entry. The
inspector shall make an annual inspection of all permitted oil and gas
wells within the city and shall provide a written report to the City
Manager.
Sec. 19A-3. Permit required; issuing authority.
It shall be unlawful and an offense for any person to prepare any
site, to commence to drill, or to operate any oil and/or gas well within
the City limits of the City prior to the City Council consideration and
without a permit issued by the City Manager for the site preparation,
drilling, and the operation of such well being approved by the authority
of the City Council in accordance with the terms of this chapter.
Sec. 19A-4. Standards.
(A) Each application shall be presented within the most recently
approved format by the City Council. Upon receipt of the com-
pleted application, the City Manager shall make a reasbnable
attempt within ten (10) working days to arrange a conference
between the City staff and the applicant. The Council directs
a Staff Committee to review each application prior to the
public hearing. The City Manager shall instruct his repre-
sentative, the City Attorney, Planning Director, or their re-
presentatives, along with any others he so chooses, to meet in
conference with the applicant to review the content of proposed
staff comments to the City Council related to the application.
Each item to which the staff directs comment shall be presented
to the applicant, and the application amended if the applicant
so chooses. Within two (2) wor~ing days after the above
meeting, the City Manager shall notify the applicant of the
proposed City Council public he~ring date.
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(B) In all cases where the applicant for a permit under this chapter
has 50% or more of the acreage in the proposed production unit I under lease which lease. or leas¢s were executed on or before
May 13, 1982 and the application is filed with the City Manager
on or before May 14, 1984 the fbllowing standard shall apply:
No well shall be drilled and no permit shall be issued
for any well to be drilledlat any location which is nearer I than one hundred fifty fee~ (150') of any residence or
commercial building without the applicant having first
secured the written permission of the owner or owners
thereof and 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 appli-
cant having first secured written permission of the owner
or owners thereof.
The burden of proving that leases were executed on or before
May 13, 1982 shall be upon the applicant. The applicant may
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discharge this burden in the following manner:
(1) Submit a sworn affidavit with the application listing the
leases that are filed of record in the office of the
County Clerk making reference to the volume and page
number where said leases are on file.
(2) A true and correct copy of a lease showing the date of
execution and acknowledgment shall be filed with the
application for leases that have not been filed of record
in the office of the County Clerk.
(C) All drill sites that do not meet the requirement in 19A-4(B)
shall be subject to the following conditions and standards:
(1) No oil or gas well or storage facility shall be located
closer than three hundred feet (300') of an existing
residential structure or property zoned or proposed by the
Lubbock Comprehensive Plan as residential without the
applicant having first secured the written permission of
the owner/owners thereof, or
(2) No oil and gas well or storage facility shall be located
closer than two hundred feet (200 1 ) of an existing commer-
cial structure or property zoned or proposed by the Lubbock
Comprehensive Plan as commercial without the applicant
having first secured the written permission of the owner/
owners thereof, or
(3) When o.ne hundred percent (100%) written consent of real
property owners cannot be secured, but eighty percent
(80%) or more is secured, the City Council may approve a
permit in accordance with this chapter by a concurring
vote of four (4) members. When 100% voluntary consent of
owners is not obtained~ and the City Council approves a
permit, the well site shall be landscaped by the standards
outlined in 19A-6(A)(8).
(D) Continuing maintenance of all landscape materials required by
this chapter or the City Council shall be the responsibility of
the permittee.
(E) Each written permission required herein shall be provided as
part of the permit application. A valid oil & gas lease shall
constitute written permission unless otherwise stipulated in
the lease.
Sec. 19A-5. Application; filing fee; required information.
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 Manager and be
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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:
(A) The date of the application;
(B) Name of the applicant;
(C) Address of the applicant;
(D) For the parcel of property where the well is drilled:
(1) Proposed name of well.
(2) Name and address of surface owner.
(3) Name and address of mineral rights owner.
(4) Name and address of mineral lease owner.
(5) Legal description of the site for the well (plat descrip-
tion or metes and bounds bearings).
(E) Type and height of the pump jack or pump equipment proposed for
producing the well.
(F) Proposed depth of the well and name of the geologic formation
as used by the Texas Railroad Commission.
(G) A legal description of the production unit. Any property
recorded by plat should reference subdivision, block and lot
numbers.
(H) A surveyof the Production Unit at a scale of 1/300 or greater
{1/200, 1/100) by a Certified Texas Land Surveyor, including:
(1) Lengths and bearings of all boundary lines for the pro-
duction.
(2) Exact acreage of the Production Unit.
(3) Exact location of the well within the Production Unit with
distances to a minimum of two adjacent boundary lines of
the Production Unit.
(4) Length of maximum diagonal within the Production Unit.
(5) The Production Unit shall comprise a minimum of forty (40)
surface acres, and shall not exceed a maximum diagonal of
three thousand feet (3,000').
(I) Applicant shall provide an accurate map or drawing at a scale
of 1/300 or greater to indicate the exact location of the
proposed flow line(s) to storage facilities and shall indicate
the exact location of such storage facilities on the map.
(J) Provide the following, including exact acreage and if within a
plat approved by the Lubbock Planning and Zoning Commission,
provide the subdivision name, block and lot number, and:
(1) Ownership of surface acreage for each parcel in the Pro-
duction Unit.
(2) Ownership of mineral rights for each parcel in the Pro-
duction Unit.
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(3) OWnership of surface acreage for each parcel abutting the
Production Unit.
(4) Ownership of mineral rights for each parcel abutting the
Production Unit.
(5) Name and address of each owner of any parcel of property
within three hundred feet (300') of the proposed well head
and the storage facility.
(K) The applicant must show ownership or control by voluntary
agreement the operating rights to twenty (20) acres or more of
the surface area within the proposed Production Unit. Appli-
cant shall provide ownership, address, and description of each
parcel contributing to such control.
Sec. 19A-6. Permit -Issuance or refusal to issue.
(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 Manager on forms prepared by the City Attor-
ney's Office to the applicant and all other persons deemed by
the City Manager to be affected thereby, and all owners of real
property lying within three hundred feet (300') of the tract or
parcel on which the proposed well is located. Written notice
shall also be sent by the City Manager to all owners of real
property lying within three hundred feet (300') of the tract or
parcel on which the storage facility is located. Such notice
to be given not less than ten (10) days before the date set for
hearing to all such owners who have rendered their said pro-
perty 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 and 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. (15) days prior to the date set for hearing,
which notice shall state the tfme 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 sutficient 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 affirm or amend the
principal of the bond and insurance provided for in Section
19A-10 herein and may approve a permit for the drilling and
operation of the well described in the application. The City
Council may designate such additional conditions concerning
installation, operation, and maintenance of the proposed well
site and/or storage facility, including but not limited to the
following:
'{1) Alternate location of the well due to adjacent land uses.
(2) Air pollution and odor control devices.
(3) Noise-control devices.
(4) Type of engine for the pump equipment.
(5) Height of the pump equipment during production.
(6) Fire control measures at the drill and pump site.
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(7) Fence or visual screening on site of pump equipment and
storage facilities.
(8) Landscaping on the site of pump equipment and storage
facilities. Minimum landscape requirements shall be con-
sidered as a screen consisting of pyramidal-shaped ever-
green trees a minimum of eight feet in height planted on
six foot centers around the fenced area. One opening
through the screen-of twenty (20) feet shall be allowed
at one side of the enclosure to allow access.
(9) Provision of proof for contractural responsibilities of
pump .site and storage site maintenance.
(10) Blow-out prevention control.
(11) Specific description of safety procedures required at
the drill/pump site and the storage site.
(12) Special handling/storage of sludge/waste from the drill
site.
(13) Special disposal of sludge/waste from drill site.
(14) Hours and/or time of pumping operation.
(15) Location of storage facilities.
(16) Ingress/egress of vehicular traffic to drill site and
production site.
(17) Specific precautions proposed to prevent contamination of
water acquifier at drill site.
(18) Specific proposal for source of water to be used during
drilling operation.
(19) Specific requirements for route and location (buried or
above-ground flow lines between the well head and storage
facilities.
(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;
(2) Specify the well location with lot number, block number,
name of addition or subdivision, or other available correct
legal description;
(3) Contain·and specify that the term of such permit shall be
for a period of one hundred and eighty (180) days from the
date of the permit and as long thereafter as the permittee
is engaged in drilling operations withno 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. If at any time after discovery
of oil or gas the production thereof in commercial quanti-
ties shall cease, the permit shall not expire if the
permittee commences additional reworking operations
within one hundred and eighty (180) days thereafter, and
if they result in the production of oil or gas, so long
thereafter as oil or gas is produced in commercial quanti-
ties from such well;
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(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-6 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).
(C) Such permit, in triplicate 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 Manager, one filed with the City Secretary, and one
retained 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 the requirements of this chapter.
The Director of Planning will keep a map that designates the
location of all permitted wells and production units and the
number of the permit for each well and prod~ction 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 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 two hundred fifty dollars ($250.00) as a processing fee.
Sec. 19A-7. Permit-Termination.
When a permit shall have been issued, the same shall terminate and
become inoperative without any action on the part of the city, unless
within one hundred eighty days from the date of issuance, actual drilling
of the well shall have commenced. The cessation for a like period of the
drilling operations or the cessation of the production of oil or gas from
the well after production shall have commenced shall operate to terminate
and cancel the permit, and the well shall be considered as abandoned for
all purposes of this chapter, and it shall be unlawful thereafter to
continue the operation or drilling of such well without the issuance of
another permit.
Sec. 19A-8. Permit -Supplemental for deep drilling.
(A) Once any well has either been completed as a producer or aban-
doned as a dry hole, it shall be unlawful and an offense for
any person to drill such 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
current supplemental application with the City Manager speci-
fying:
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(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 deeperproduction 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.
Sec. 19A-9. Permit -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 ordi-
nances of the City.
Sec. 19A-10. Bond and insurance; required; amounts.
In the event a permit is approved by the City Council under the
terms of this chapter for drilling and operation of a well, no permit
shall be issued by the City Manager until the permittee shall file with
the City Manager a bond and a certificate of insurance as specified
below:
(A) A bond in the principal sum of such amount as has been deter-
mined 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
terms and conditions of this chapter in the drilling and opera-
tion of the well. Such bond shall become effective on or
before the date it is filed with the City Manager and remain in
force and effect for at least a period of six months subsequent
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,
provisions and conditions of this chapter, and that the permitte
will promptly restore the streets and sidewalks and other
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public property of the City which may be disturbed or damaged
. in the operations, to 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 opera-
tiona for the drilling of the well or wells were first commenced;
and that the permittee will indemnify and hold the City harm-
less from any and all liability growing out of or attributable
to the granting of such permit. If at any time the City Coun-
cil shall deem any permittee's bond t9 be insufficient for any
reason, it may require the permittee to file a new bond.
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lf, after completion of a well, permittee has complied with all
of the provisions of this chapter, su~h as to removing derrick,
clearing premises, etc., he may apply'to the City Council to
have the bond reduced to a sum of notiless 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). .
(B) In addition to the bond required in paragraph (A) of this sec-
tion, the permittee shall carry a policy or policies of stan-
dard comprehensive public liability insurance, including con-
tractual liab:t.l:f.ty covering bodily injuries and property damage,
naming the permittee and the City as insureds, in an insurance
company authorized to do business with the State of Texas.
Such pol:t.cy or policies in the aggregate shall provide for the
following minimum coverages:
(1) Bodily injuries one hundred thousand dollars ($100,000.00)
one person; three hundred thousand dollars ($300,000.00)
one accident.
(2) Property d~age two hundred thousand dollars ($200,000.00).
rermittee shall file with the City Manager certificates of
such insurance as above stated, and shall obtain the writ-
ten 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 Manager at least ten days prior
to the effective date of such cancellation. In the event
such insurance policy or policies are cancelled, the per-
mit 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 der-
rick, 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)
one person; one hundred thousand dollars ($100,000.00)
one accident.
(b) Property damage, fifty thousand dollars ($50,000.00)
for the remainder of the time such well produces
without reworking. During reworking operations the
amount of the insurance policy or policies shall be
increased to the original amount.
Sec. 19A-11. Drilling in parks, streets, and alleys; obstructions;
permit.
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 street
or alley, and no street or alley shall be blocked or encumbered 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.
Sec. 19A-12. Derrick and rig; types prohibited; allowing to remain;
watchman.
All engines on any drill site or production equipment shall have
adequate mufflers. No drilling rig or derrick shall remain at the drill
site for a period longer than thirty (30) days after completion, abandon-
ment, or reworking of the well. The permittee shall keep a watchman or
workman on premises at all times from commencement of drilling until the
well is abandoned and plugged or completed as a producer and enclosed
with a fence.
Sec. 19A-13. Pits; required type; removal.
Steel slush pits shall be used in connection with all drilling and
reworking operations unless the City Council shall approve the use of
earthen slush pits. Any earthen pit approved shall as a minimum require-
ment be lined with six inches (6") of bentonite clay and a plastic liner
of four-mill thickness. Such pits and contents shall be removed from the
premises and the drilling site within thirty (30) days after completion
of the well. Removal of pits and contents shall be accomplished in such
a manner as will preclude any possible contamination of underground and
percolating water.
Sec. 19A-14. Operations and equipment; best practices; standards.
· All drilling and operation at any well performed by a permittee
under this chapter shall be conducted in accordance with the best prac-
tices of the reasonably prudent operator in the Permian Basin area. All
casing, valves, and blow-out preventers, drilling fluid, tubing, braden-
head, Christmas tree, and well head connections shall be of a type and
quality consistent with the best practices of such reasonably prudent
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operator. Setting and cementing casing and running drill stem tests
shall be performed in a manner and at a time consistent with the best
practices of such reasonably prudent operation. Each permittee under
this chapter shall observe and follow the recommendations and/or regula-
tions of the American Petroleum Institute and the Railroad Commission of
the State of Texas.
Sec. 19A-15. Cleanliness and sanitation.
The premises of the drill site and the storage facility for pro-
duction from the well under this application/permit shall be kept in a
clean and sanitary condition free from rubbish of every character, to the
satisfaction of the health officer of the City, at all times drilling
operations are being conducted, and as long thereafter as oil and/or gas
is being produced therefrom. The permittee shall provide a sign no
larger than eighteen inches (18") square and attached to the fence sur-
rounding the well site, posting the name, address, and telephone number
of a party in Lubbock, Texas, responsible for maintaining the site. It
shall be unlawful for any permittee, his agent or employee to permit
within the corporate limits of the City any mud, water, waste oil, slush
or other waste matter from any slush pit, storage tank, or oil and/or gas
well located within the corporate limits of the City, or from any premises
within the City, developed or being developed for oil and/or gas purposes,
to escape into the alleys, streets, lots, land or leases within the
corporate limits of the City.
Sec. 19A-16. Mufflers; required.
Motive power for all operations after completion of•drilling opera-
tions shall be electricity, or properly muffled gas, gasoline or diesel
engines.
Sec. 19A.-17. Storage tanks, separators types; requirements.
(A) lt shall be unlawful and an offense for any person to use,
construct or operate in connection with any producing well
within the City limits, any crude oil storage tanks, except to
the extent of two low-type steel tanks for oil storage, not
exceeding five hundred (500) barrels capacity each and so
constructed and maintained as to be vapor tight with appropriate
sa£ety or pressure release devises. A permittee may use,
construct and operate a steel conventional separator, and such
other steel tanks and appurtenances as are necessary for
treating oil with each of such facilities to be so constructed
and maintained as to be vapor tight. Each oil, gas separator
shall be equipped with both a regulation pressure relief safety
valve and. a bursting head. All such tanks shall be placed upon
a suitable earth or concrete pad.
(B) The tank or tanks shall be enclosed with a conventional type
fire wall constructed of compacted earth; sufficient water
shall be used during the fire wall construction to assure
adequate compaction.
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(C) The fire wall enclosing the tanks ·shall have a minimum capacity
equal to two times the volume of the tanks enclosed.
(D) The top or crown of the fire wall shall have a minimum height
of three feet (3') above normal ground elevation.
(E) The tanks shall be recessed within the fire wall enclosure to
such depth that will assure them being practically "sight
clear" when viewed from without the fenced enclosure.
{F) The separators shall be installed for operation in a horizontal
or vertical position, height not to exceed ten feet {10') above
tank level.
(G) Any oil or. gas produced may be transported outside of the City
limits by underground pipelines.
(H) Each storage tank and/or separator shall be enclosed by a
substantial cyclone fence a minimum of eight feet (8') in
height and properly built so as to ordinarily keep persons and
animals out of the enclosure, with all the gates thereto to be
kept locked when the permittee or his employees are not within
the enclosure.
Sec. 19A-18. Fences; required; locking gates.
Any person who completes any well as a producer shall have the
obligation to enclose such well, together with its surface facilities, by
a substantial cyclone fence sufficiently high and properly built so as to
ordinarily keep persons and animals out of the enclosure, with all gates
to be kept locked when the permittee or his employees are not within the
encloaure.
Sec. 19A-19. Nuisances; to be eliminated; best practices.
All oil operations, drilling and production operations shall be
conducted in such a manner as to eliminate, as far as practicable, dust,
noise, vibration or noxious odors, and shall be in accordance with the
best accepted practices incident to exploration for, drilling for and
production of oil, gas and other hydrocarbon substances. Proven tech-
nological improvements in exploration, drilling and production methods
shall be adopted as they become, from time to time, available, if capable
of reducing factors of nuisance and annoyance.
Sec. 19A-20. Fire prevention; escape of gas; burning; flaring; general
requirements.
(A) No permittee engaged in the drilling or operation of an oil
and/or gas well within the corporate limits of the city shall
permit gas to escape into the air, or flare or burn gas from a
torch or any similar means within the corporate limits of the
city; provided, gas Jllay be burned for a limited time when
necessary to coJllplete an oil and/or gas well upon the original
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completion or upon the recompletion of work over jobs upon oil
and/or gas wells, so "long as the same does not constitute a
fire hazard to the property of others within the vicinity of
such oil and/or gas well.
(B) Adequate fire fighting apparatus and supplies, approved by the
fire department of the city shall be maintained on the drilling
site at all times during drilling and production operations.
All machinery, equipment and installations on all drilling
sites within the city limits shall conform with such require-
ments as may from time to time be issued by the fire department
of the city.
(C) The Fire Marshall shall receive written notice from the appli-
cant a minimum of one (1) week prior to commencing active
drilling, and notified again upon termination of drilling
activities. The applicant shall provide a copy of such notice
to the City Manager a minimum of one (1) week prior to com-
mencing active drilling, and upon termination of drilling
activities.
Sec. 19A-21. Abandonment; plugging; precautionary measures.
Whenever any well is abandoned it shall be the obligation of the
permittee and the operator of the well to set a three-hundred eighty-five
foot (385') cement plug in the bottom of the surface casing with the
bottom of the plug one hundred feet (100') below the surface casing
section, and the top of the plug one hundred feet (100') above the sur-
face casing section; and to set a fifty foot (50') cement plug in the top
of the surface casing. No surface or conductor string of casing may be
pulled or removed from a well. During initial abandonment operations it
will be the obligation of the permittee and the operator of the well to
flood the well with mud-laden fluid weighing not less than ten (10)
pounds per gallon, and the well will be kept filled to the top with such
mud-laden fluid at all times. Mud-laden fluid of the above specifica-
tions will be left in the well bore below and between cement plugs. Any
additional provisions or precautionary measures prescribed by the State
of Texas or·the Railroad COimD.ission of the State of Texas, in connection
with the abandonment and plugging of a well shall be complied with by the
permittee. The well site shall be restored to the original condition of
the land, including any displaced landscaping and topsoil.
Sec. 19A-22. Salt water; disposal required.
Permittee shall make adequate provisions for the disposal of all
salt water or other impurities which he may bring to the surface, such
disposal to be made in such manner as to not contaminate the water supply,
present or prospective, or to injure surface vegetation. The applicant
shall promptly restore or make restitution for any damage caused by the
pe~ittee, intentional or accidental, of the water supply or surface
vegetation at and adjacent to the drill site or oil/gas storage site.
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Sec. 19A-23. Federal .and state laws apply.
Any violation of laws of the State of Texas or any rules~ regula-
tions or requirements of any state or federal regulatory body having
jurisdiction in reference to drilling, completing, equipping~ operating,
producing, maintaining, or abandoning an oil or gas well or related
appurtenances, equipment or facilities, or in reference to fire walls,
fire protection, blow-out protection, safety protection, or convenience
of persons or property, shall also be a violation of this chapter and
shall be punishable in accordance with the provisions hereof.
Sec. 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 town-lot 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 lease agreement or a unit operating agreement
(Model Operating Agreement), applicant shall file true copies
of the Declaration of Pooled Unit Agreement and a Model Opera-
ting Agreement including an estimated cost of drilling and
completing the proposed well, (AFE-Authorization for Expendi-
tures) executed by applicant in the office of the City Manager
with the application to drill. Such agreements shall be fair
and reasonable. A Declaration of Pooled Unit Agreement and the
ModeL Operating Agreement shall not be considered fair and
reasonable if it provides for any of the following provisions:
(1) Preferential right of the applicant to purchase mineral
interests in the Production Unit;
(2) A call on or option to purchase production from the Pro-
duction Unit;
(3) Operating charges which include any part of district or
central office expense other than reasonable overhead
charges;
(4) Prohibition against non-operators questioning the operation
of the Production Unit.
If such Declaration of Pooled Unit Agreement or Model Operating
Agreement have not been executed or ratified by all other owners and
lessees of interests in oil and gas in tracts within the proposed
Production Unit, applicant shall prepare and submit to the City
Manager, with the application to drill, proposed forms for such agree-
ments. Ratification forms for such agreements shall be available
from the Applicant. After consideration, the City Manager shall
file such forms if provision is made therein for allocating produc-
tion among unitized tracts and interests herein in the proportion
that the surface acreage of each unitized tract bears to the total
surface acreage in the Production Unit. Such proposed unitization
agreement and unit operating agreement shall specify the depths or
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zones and· the minerals (oil, gas, or both) to which they apply.
(B) Notice of filing of application and proposed unitization. If the
proposed unitization agreement and unit operating agreement have not
been executed or ratified by all leaseholders and other owners, and
such owners' interest has 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 certified
mail, return receipt requested to the non-unitized owners of minerals,
leaseholders or royalties of each tract within the proposed Produc-
tion Unit. Such notice shall include the Declaration of Pooled Unit
Agreement (with exhibits), a plat or map illustrating the proposed
Production Unit, and adequately specify the options available to the
non-unitized owners of minerals. The applicant shall also have pub-
lished. 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
Manager an application for permit to drill a well on Production
Unit as defined in and complying with the requirements of
Chapter 19A, being 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 pro-
posed unit operating agreement are on file in the office of the
City Manager 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 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 instruments.
Any leaseholder or other interest owner who fails to deliver to
Applicant a properly-executed 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 Manager a detailed statement of the estimate
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 the Applicant. 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. The Lubbock
City Council shall hold a public hearing to determine approval
or denial of this permit application. Contact the City Manager
for the proposed public hearing date.
Dated this ___ day of-------------------' 19 __ _
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(C) Result of Non-ratification of Production Unit. Leaseholder 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 leaseholders and
other owners having interests in said tract or tracts in the Produc-
tion Unit execute and deliver to Applicant a valid oil and gas lease
with a royalty provision not less than 1/8 covering such tract using
a form of lease that contains the same terms and in the same form as
filed with and approved by the City Manager, upon such delivery
applicant shall include in the unit, the leaseholders and to their
owners as royalty owners in the premises covered by such lease; and
is effectively included in the royalty participation in the unit,
and not until such date, and the interests coveredby such lease
shall participate, on a royalty basis, in the production of unitized
substances from such unit for such date forward.
(D) 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.
(E) Enhanced Production Operations. Upon the approval of a 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 par-
tial fieldwide unit shall be automatically pooled and unitized in
accordance with the unit agreement approved by the Railroad Commi-
ssion and in accordance with the 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.
Sec. 19A-25. Penalties; fine.
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,
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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.
Sec. 19A-26. Cease and desist order; revocation or suspension of permit;
appeal.
(A) Cease and desist order. If, at any time, any operator is in
violation of any of the provisions of this article, the oil and
gas Inspector may order compliance and set a reasonable period
of time for same. lf compliance is not obtained within the
time period specified, the City Manager shall order, in writing,
the operator to cease and desist operation of the well imme-
diately. The operator shall immediately comply with the order
of the City Manager to cease and desist and shall not resume
any operation at the site affected unless and until the written
approval of the City Manager is obtained.
(B) Grounds for suspension or revocation. The City Manager may, in
writing, with 10 days notice, suspend or revoke any permit
issued under the provisions of this article upon finding any of
the following:
(1) A permittee has failed, neglected or refused to perform,
comply with and abide by any of the conditions of the
permit;
(2) That permittee has failed or neglected or refused to
comply with or abide by, or has in any way violated any of
the provisions of this chapter, or of any other ordinance
of the City, or any other law, rule, order or regulation
either directly or indirectly, by reason of or in con-
nection with or incidental to his conduct of oil opera-
tions;
(3) If permittee shall have made any willful misrepresentation
of facts in any application for any such permit, or in any
record required by this chapter to be filed or furnished
by permittee.
(4) Failure to comply with cease and desist order issued by
the City Manager.
(C) Effect of suspension or revocation of permit. No person shall
carry on any operations performed under the terms of any permit
during any period of permit suspension or revocation, or pend-
ing a judgment of the court upon any application for writ taken
to review the decision or order of the City is suspending or
revoking such permit provided, however, that nothing therein
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contained shall be construed to prevent the performance of such
operation as may be necessary in connection with a diligent and
bona fide effort to cure and remedy the defaul.t, or violation
for which the suspension or revocation of the permit was or-
dered, or such operation as necessary for the safety of persons
or as required by the City Council.
(D) Appeals. Any person or entity whose oil and gas permit has
been revoked may, within thirty (30) days of the decision of
the City Manager, file a written appeal to the City Council in
accordance with the following procedure:
(1) The City Council shall have and exercise the power to hear
and determine appeals where it is alleged there is error
or abuse of discretion regarding the revocation of any
permits issued hereunder as provided by this chapter.
(2) An appeal shall be in writing and shall be filed in trip-
licate with the City Manager. The grounds for appeal must
be set £orth specifically and the error described by the
appellant.
(3) Within three (3) days from the filing of the appeal, the
City Manager shall transmit to the City Council all papers
involved in the proceedings. In addition, the City Mana-
ger shall make and transmit to the City Council such
supplementary reports as may be deemed necessary to pre-
sent the facts and circumstances of the case. Copies
shall be mailed to the appellant prior to the hearing.
(4) Upon receipt of the records, the City Manager shall place
the matter on the agenda of the next regularly scheduled
City Council meeting for hearing and give notice by mail
of the time, place and purpose thereof to appellant, and
any other party who has requested in writing to be so
notified. No other notice need be given.
SECTION 3. 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 4. THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption of this Ordinance as an alternative
method provided by law.
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AND IT IS SO ORDERED.
Passed by the City Council on first reading this day of 1982. ----------
Passed by the City Council on second reading this 28th day of __ M~ay~-------~
1982. BI~~
ATTEST:
APPROVED AS TO CONTENT:
of Planning
. CITY OF LUBBOCK
OIL AND GAS WELL PERMIT APPLICATION PROCEDURES
RequiredProcedural Steps:
l. ·The applicant mustpick'upa current·application package from the Plan-
ning Department for each permit request. ·
2. The completed application (with all required exhibits attached) is to be
returned to the Planning Department with application fee.
3. The Planning Director or his ·designee will place the file mark upon the
application when presented.· After deteqdning the completeness of the
application, the applicant will be notified by the Director of Planning
of the meeting outl~ned in #5 below and public notice outlined in Sec.
19A-24(b).
4. The Planning Department sends a copy to the Legal Department, including
Written comments on any deficiences.
a. The Planning Department reviews the application and submits a
written list of comments to the Director of Planning.
b. The Legal Department reviews the application and submits a written
list of comments to the Director of Planning.
5. The Director of Planning and the Legal Department representative will re-
view the application and prepare comments to the City Council. Within
ten (10) working days of filing the application, the Director of Planning
shall review the proposed staff comments with the Applicant. The appli-
cation can be amended during these discussions. The Planning Director
shall set the date for Public Hearing within two (2) working days sub-
sequent to meeting with the applicant •
•
6. The Planning Director will notify the applicant of the hearing date.
7. The Planning Director will proceed with.require~ public notice for
Public Hearing.
NOTE TO APPLICANT:
Applicant's public NOTICE in newspaper, or certified mail NOTICE to non-
unitized owners, as proveded in Section 19A-24(b) will not proceed until
Step 3 is complete.
Also, as specified at 19A-3, applicant shall not proceed drilling until
in receipt of a permit issued by the City Manager.
OIL AND GAS PERMIT APPLICATION
CITY OF LUBBOCK
(A) ___ __...;Exemption claim under Section -19A-4 (B)
(B)....._ ___ Standard Application
SECTION19A-5
Form May 1982
(A) Date: -------------------------------------------------------------
(B) Name of Applicant=·-----------------------
(C)(l) Address of Appl:lcant:. _____________________ .
(2) Name/Address/Phone of Lubbock Agent:
(D)(l) Name of Well:. ______________________ _
(2) Name/Address of Surface Owner at well site:
(3) Name/Address of Mineral Rights Owner at well site:
(4) Name/Address of Mineral Lease ~er at well site:
..
. (5) Attach Map or Plat illustrating proposed location of well site (Combined
as Exhibit 1, note H below) }
(6) Is any portion of the proposed Production Unit contained within a current-
ly approved Production Unit? Yes No
(7) Is an active or abandoned oil or gas well located on any portion of the
proposed Production Unit? Yes No--------
Well Name ----------------------
(E) Pump Jack Model and approximate height proposed for well site:
(F) (1) Approximate depth· of proposed well=---------------
.·
(2) Name of geologic formation as designated by the Texas Railroad Commission:
(G) Written legal description of the Production Unit, including,reference to
all recorded subdivisions, survey tracts, or metes and bounds descriptions
(Exhibit 2). .
(H) Survey of Production Unit {combined as Exhibit l) at a scale of l/300 or
greater {1/2.00, 1/100) by a certified Texas Land Surveyor including:
{1) Length and-bearings of all boundary lines
(2.) Exact acreage of Production Unit (minimum.forty.{40) acres)
(3) Exact location of the· proposed·well. site.
{4) Length of maximum· diagonal·· {maximum of 3000 feet)
{I) Accurate map or drawing specifying exact location of storage facility and
location of flowlines from the well site at a scale of l/300 or greater
{Exhibit 3).
• (J) Applicant shall provide exact acreage and, if platted, subdivision name,
block and lot for each parcel/tract:
(1) Within the proposed Production Unit (Exhibit 4):
(a) Surface acreage ownership
(b) Mineral rights ownership/lease (Applicant must control mineral
rights to twenty {20) acres or more of the surface area by a
valid oil and gas lease)
(2) Off-set {abutting) lands to the proposed Production Unit (Exhibit
5):
(a) Surface acreage ownership
·.(b) Mineral rights ownership
(3) Name and address of each owner of real·property within three hundred
feet (300') of the proposed well site (Exhibit 6).
0
(4) Name and address of owners of real property within three hundred
feet of the proposed storage facility (Exh~bit 7).
SECTION 19A-6
At the drill site, storage unit, and for the pump jack:
(1) What air pollution and odor control devices will be provided? ------
.·
(2) What provisions will be made for noise control? ------------------------
(3) What .type engine will power the pump?~-----------------------------
(4) What will be the height of the pumping equipment? ___________ _
(5) What specific·fire control measures are proposed at the drill site?
(6) What specific fire control measures are prop~sed at the storage facility?
(7) Will landscaping be provided at pum.p? ____ Y.es ------=No
(8) Will landscaping be provided at storage facility?_._. ___ Yes. -----"'No
(9) Provide the name, address, and telephone for a person in Lubbock, Texas,
responsible for site maintenance during production (spills, weeds, locked
gates, pump maintenance, noise control, care of landscape materials, etc.):
(10} What type/rating of blpwout protection is provided?
(11) How will sludge/waste be contained during drilling?
(a)
(b)
steel pits _____ ....;
earth pits _____ ....;
-------------------
(12) Name, location, operation, and telephone for sludge dump? --------
Texas Railroad Commission approved? _________ Yes -------~No
--------~Permit Number.
(13) Hours and/or time of production? _________________________________ __
... '
(14) Note proposed major truck route for ingress/egress to drill site?
(15) Note proposed major truck route for ingress/egress to storage facility?
(16) Specify the depth for surface casin ~~------------------------------
(17) Specify source of water for drilling operations. ___________ _
SECTION 19A ... 10
(A) Has a performance bond in the minimum amount of $25,000 been filed with
this application? Yes No
If so, attach as Exhibit 8.
(B) Bas a certificate of insurance coverage for minim~ ordinance requirements
been submitted with this application? Yes No
If so, attach as Exhibit 9.
SECTION 19A ... 9 and 11
Is the well site within a public park, street, or alley, either existing or
proposed by the Lubbock Comprehensive Plan or Master Throughfare Plan?
Yes No ----0
1.
SECTION 19A-4
Has written permission been secured from: . ..
,•
(a). "Grandfathered" applications --owners of residences or commercial
structures within one hundred fifty feet (1501 ) of the well site
~ the storage facility? Yes No
If so, attach proof as Exhibit 10.
(b) "New applications"--·
(1) Owners of existing residential structures or real property
zoned as residential within three hundred feet (300'} of the
well site.~ the storage facility? Yes No
If so, attach proof as Exhibit~10.
'· .
(2) Owners of existing commercial structures or real property zoned
commercial within two hundred feet (200') of the well site and
the storage facility? ·Yes No ---
If so, attach proof as Exhibit 10.
SECTION·l9A-24
When all owners within a proposed production unit have not executed·a·volun-
tary lease, the applicant shall:
(A) Provide a true copy of the proposed Declaration of Pooled Unit
Agreement, .including Exhibits. A and B (referenced at 19A-l (G)(l))
as Exhibit 11.
(B) Provide a true copy of the propose~ lease or ratification instrument
which shall be available from applicant, in the same form as re-
quired 19A-24(B), as Exhibit 12.
(C) Provide a true copy of the proposed Model Operating Agreement (re-
ferenced at (19A-l(G)(2)) including the proposed Authorization for
Expenditures (AFE) as Exhibit 13 •
•
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AFFIDAVIT
~ OF MTLI~--------------------------------------------------
I, , on behalf of ~--~~----------' Applicant hereby affirms that ~--~----~~----~------~--~~~~--~ the above information contained in the application is true and correct to
the best of my knowledge.
Applicant's Signature ..
SUBSCRIBED and sworn to before me, a Notary Public, on this day of ----------------~---------------------' 19 ___ •
(SEAL)
Notary Public, Lubbock County, Texas
My Commission Expires: ___________ __
Sec. 19A-25
It shall be unlawful and an offense for any person to violate or neglect to
comply with any provision hereof, •••• 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 con-
viction t.hereof, be fined in any sum not exceeding two hundred dollars
($200.00) ••• it is further provided that the City Council at any regular or
special session or meeting thereof, may, provided ten (10) days notice has
been given to the permittee that revocation is to be considered at such meet-
ing, revoke or suspend any permit issued under this chapter and under which
drilling or producing operations are being conducted. • • •
•
APPROVED: DISAPPROVED:
Assistant City Attorney Assistant City Attorney
Planning· Department Planning Department
Oil and Gas Inspector Oil and Gas Inspector
City Secretary _City ~ecretary
. . . . '
TO THE APPLICANT
The items below (not limited to only these~ will be investigAted by City Staff
pursuant to Ordinance 19A.
1. Fee paid: Yes No
2. Insurance reviewed: Date Staff Initial
3. Applicant provides retum receipts. for notice to non-unit·ized owners.
Required?. Yes No -----Completed? Yes No
Date Staff Initial ____ ___;;
4. Applicant provides Publishers Affidavit of notice in newspaper?
f
----------~Date -------~Staff Initial
5. Sludge pits (earthen) constructed correc:tly?
--------~Date -------~Staff Initial
6. Lubbock Fire Department notified in writing one week prior to com-
mencement of drilling?
____ ___;Date
7. Lubbock Fire Department notified in writing on completion of drill-
ing?
____ ___;Date
8. Site restored to original condition?
Date Staff Initial ____ ___; ---------
9. Fire wall constructed correctly at storage facility?
--------~Date -------~Staff Initial
,· 10. Correct construction and capacity storage tanks installed at storage
site?
Date Staff Initial -------------------
11. Fence installed at drill site?
---------Date --------~Staff Initial
12. Has operator installed 19A-15 sign for identification at the pump
well site?
---------~Date -------~Staff Initial
THE STATE OF TEXAS
<?OUNTY OF LUBBOCK
Before me Bonnie McKee a Notary PRblic in and for Lubbock Countv. Texas on this day
personallyappeared Tw11a Folsom• Account Manal!er oftheSduthwesternNewspa-
pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning. Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has be~Q publi,shed contin~u~~ f1f rrore
than fifty-two weeks prior to the first insertion of this Lei! a I Not lCe-:;,2 wo ras ==» e
wo rd-$28. 08 No. 557973 at Lubbock County. Texas and the attached print-
ed copy of the Not ice is a true copy of the original and was printed in the Lubbock
Avalanche-Journal on the following dates: -""'J...,u""n...,e,___,1=--::&:=--8=-:...t -=1~9-=8-=2:...:•;__ __________ _
Account Manal!er
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
Subsc-ribed and sworn to before me this1...41tL. day of ...:;J__,u=n-'-'e=-----
FORM5S.l0
~WJ;h_u
·--. CJij: BONNtE MdCEE. NOfAWIUBLfC
IN AND fOR TH£ STATE OF 1'DAS
. MY OOMMtSStON t:ICPiREI NOY. 10. 15114