HomeMy WebLinkAboutOrdinance - 2016-O0169 - Amending Chapter 8 - Removing Oil And Gas Advisory Committee - 12/01/2016First Reading Second Reading
November 17.2016 December 1.2016
Item No.6.14 Item No.5.6
ORDINANCE NO.2016-00169
AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK.TEXAS,BY REPEALING
SECTION 8.07.008 THEREBY REMOVING THE OIL AND GAS ADVISORY
REVIEW COMMITTEE;BY AMENDING SECTION 8.07.034 BY DELETING
ALL REFERENCES TO THE OIL AND GAS ADVISORY REVIEW
COMMITTEE;PROVIDING A SAVINGS CLAUSE;PROVIDING A PENALTY;
AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock recognizes that the City
of Lubbock is located in the oil and gas-producing Permian Basin and is located
within the Railroad Commission Division 8A;and
WHEREAS, the City Council of the City of Lubbock recognizes that the City
of Lubbock shall issue permits forthe drilling of oil and gas; and
WHEREAS, the City Council of the City of Lubbock desires to provide an
efficient method for the review ofall permit applications forthe drilling ofoilandgas
within theCity of Lubbock by removing the requirement for an oil and gas advisory
committee and granting the City Manager of the City of Lubbock and the City
Council of the City of Lubbock the authority to review applications for and issue, or
refuse to issue,permits foroil and gas drilling; and
WHEREAS,the City Council of the City of Lubbock, Texas deems it in the
best interest of the citizens of Lubbock to make the following amendments to Chapter
8 of theCodeof Ordinances with regard tothe application review and permit issuance
or refusal to issue permit for all oil and gas drilling applications;NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1.THAT Section 8.07.008 of the Code of Ordinances of the
City of Lubbock,Texas, is hereby repealed in itsentirety.
SECTION 2.THAT Section 8.07.034 of the Code of Ordinances of the
City of Lubbock,Texas, is hereby amended to read as follows:
Sec.8.07.034 Issuance or refusal to issue
(a) Upon receipt of the completed application, the city manager shall make
a reasonable attempt within ten (10) business days to arrange a conference
between the city staff and the applicant. The city manager shall instruct his
representative,the city attorney,planning director, or their representatives,
along with any others he so chooses, to meet in conferencewith the applicant
to review the content of proposed staff comments 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.
(b) The city manager shall submit a written report to the city council on all
permit applications under this article. The report shall include the staff
concerns and any unresolved issues. The city manager shall submit a
recommendation to the city council on all permit applications, including any
additional permit conditions as determined necessary by the city staff. The
results and recommendations of the city manager shall be sent to the applicant
within ten (10) business days following the meeting with city staff.
(c) The city council shall hold a public hearing on all applications for
permits to drill oil or gas wells. Written notice of all such hearings shall be
sent by the city manager, at the applicant's expense, on forms prepared by the
city attorney's office to the applicant and all other persons deemed by the oil
and gas inspector to be affected thereby, and all owners of real property lying
within six hundred (600) feet of the proposed location of the oil or gas well
and the storage facility. Such notice is to be given not less than ten (10)
business days before the date set for hearing 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 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 at least fifteen (15) business 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 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 control devices, air -pollution monitoring devices,
and/or 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;
(7) Fence or visual screening on the site of pump equipment and storage
facilities;
(8) Landscaping on the site of pump equipment and storage facilities;
(9) Proof of contractual responsibilities of pump site and storage site
maintenance;
(10) Blowout 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 the drill site;
(14) Location of storage facilities;
(15) Ingress/egress of vehicular traffic to the drill site and production
site;
(16) Specific precautions proposed to prevent contamination of the
water aquifer at the drill site;
(17) Specific proposal for source of water to be used during drilling
operation;
(18) Specific requirements for route and location of (buried or
aboveground) flow lines between the wellhead and storage
facilities; or
(19) An emergency response plan establishing written procedures to
minimize any hazard resulting from the drilling, completion, or
producing of a well. Said plan shall use existing guidelines
established by the RRC, the Texas Commission on Environmental
Quality, the Texas Department of Transportation, the U.S.
Department of Transportation, the Environmental Protection
Agency, and/or the city fire code. This plan shall include a system
of alarms to detect the loss of the well or any loss of containment
integrity, access routes, and emergency contact information. A
copy of the emergency response plan shall be kept on file with the
city manager and on site. Said emergency response plan shall be
updated annually.
(d) Each permit issued under this article shall:
(1) By reference have incorporated therein all the provisions of this
article with the same force and effect as if this article 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 eighty (180) days 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 (90)
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 quantities shall
cease, the permit shall not expire if the permittee commences
additional reworking operations within one hundred 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 quantities
from such well;
(4) Contain and specify such conditions as are by this article authorized
and such conditions that the city council may designate in
accordance with this section: and
(5) Specify the total measured depth and the true vertical depth to which
the well may be drilled. The true vertical depth may not exceed
the projected depth and may not exceed nine thousand six hundred
eighty (9,680) feet. A greater depth shall require an additional
permit and permit fee. The filing fee for the application shall be two
thousand five hundred dollars ($2,500.00), until such time as the
city council adjusts the fee in accordance with the provisions of
section 1.03.004 of this code.
(e) 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 the
requirements of this article. The director of planning shall keep a map that
designates the location of all permitted wells and production units and the
number of the permit for each well and production unit.
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
($200.00) as provided by Section 1.01.004 of the City Code of Ordinances.
SECTION 4. THAT should any paragraph, sentence, clause, phrase or
work of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby
SECTION 5. 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 17thday of November, 2016
Passed by the City Council on second reading this 1st day of Decembet2016.
DANIEL M. POPE, MAYOR
ATTEST:
Qag�, ic
Rebe ca Garza, City Sec t
AS
Loomis, City Manager
PROVED AS TO FORM:
elli Leisure, Assistant City Attorney
ccdocs/ORDINANCE AMENDMENT.Consent Item Oil & Gas Advisory Committee
November 7, 2016