HomeMy WebLinkAbout07213 ORD - 04/29/1964IMS:JKH:4 -15 -64
AN ORDINANCE M
AMENDING AN ORDINANCE PASSED AND APPROVED ON THE
11TH DAY OF JULY, 1950, BEING ORDINANCE NO. 2818,
ENTITLED "CORPUS CHRISTI OIL AND GAS ORDINANCE ",
AND AMENDING AN ORDINANCE PASSED AND APPROVED ON
THE 19TH DAY OF DECEMBER, 1950, BY ADDING A NEW
SECTION NUMBERED SECTION 24 -54A, SO AS TO PROVIDE
FOR THE GRANTING OF PERMITS FOR THE OPERATING OF
WELLS DRILLED BEFORE ANNEXATION AND FOR THE GRANTING
OF PERMITS FOR THE REWORKING OF ANY OF SUCH WELLS;
PROVIDING OTHER PROVISIONS RELATING TO THE OPERATION
'OF AND REWORKING OF WELLS DRILLED BEFORE ANNEXATION;
PROVIDING WHAT CONSTITUTES VJOLATIONS AND OFFENSES
UNDER THIS ORDINANCE; PROVIDING FOR PENALTIES AND FOR .g
REVOCATION OF PERMIT; PROVIDING THAT THE INVALIDITY
OF ANY PARTICULAR PROVISION OF THIS ORDINANCE SHALL
NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT ORDINANCE N0. 2818, PASSED AND APPROVED BY THE
CITY COUNCIL ON THE 11TH DAY OF JULY, 1950, AS AMENDED (CHAPTER 24, CORPUS
CHRISTI CITY CODE, 1958), BE AND THE SAME IS HEREBY AMENDED BY ADDING A
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NEW SECTION TO SAID CHAPTER 24 WHICH NEW SECTION SHALL BE NUMBERED SECTION
24 -54A TO BE AND READ AS FOLLOWS:
"SECTION 24 -54A. PERMITS FOR OPERATION AND /OR REWORKING OF
WELLS EXISTING PRIOR TO ANNEXATION.
A. WHEREVER ANY WELL IS PRODUCING OR CAPABLE OF PRODUCING AT
THE TIME OF ANNEXATION, SUCH OPERATION MAY CONTINUE BY APPLICATION BEING
MADE TO THE CITY SECRETARY FOR AN OPERATION PERMIT IN ANNEXED AREA BY
SPECIFYING IN SUCH APPLICATION:
0) THE THEN CONDITION OF THE WELL AND THE AMOUNT AND SIZE
OF PIPES, AND CASING THEREIN, THE DEPTH FROM WHICH PRODUCTION IS BEING
OBTAINED AND WHAT IS BEING PRODUCED;
(2) A SKETCH OR MAP SHOWING THE LOCATION IN RELATION TO A
PERMANENT MARKER, SUCH AS A STREET OR ROAD INTERSECTION, OR WITH
REFERENCE TO A FILED PLAT SO AS TO SHOW THE EXACT LOCATION OF THE SUR-
FACE INSTALLATION AT THE SITE OF SUCH WELL,
(3) A SHORT DESCRIPTION OF THe SURFACE INSTALLATIONS, INCLUD-
ING VALVES, TANKS AND PIPES;
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(4) A SPECIFICATION OF EXISTENCE OF ANY BUILDINGS, STRUCTURES
OR PUBLIC ROADS TO THE WELL LOCATION WITHIN 330 FEET OF THE LOCATIDN.
B. AN AFFIDAVIT SHALL BE ATTACHED VERIFYING THE TRUTH OF THE
STATEMENTS CONTAINED IN THE APPLICATION AS WELL AS SHOWING THE NAME OF
THE OPERATOR OF SAID WELL AND THE PRINCIPAL OWNER OF THE WORKING INTEREST
TOGETHER WITH THEIR RESPECTIVE ADDRESSES.
C. UPON THEFILING OF SUCH APPLICATION AND AFFIDAVIT, A PERMIT
FOR THE OPERATION OF SUCH WELL SHALL BE ISSUED BY THE CITY SECRETARY ON
A FORM ESTABLISHED BY HIM UPON THE PAYMENT OF THE FEE OF FIVE DOLLARS
($5.00) AND A COPY OF SUCH PERMIT SHALL BE MAINTAINED IN THE FILES OF THE
CITY SECRETARY.
D. AT THE TIME OF ISSUANCE OF PERMIT UNDER THIS SECTIONS A
CERTIFICATE OR CERTIFICATES FROM A RELIABLE COMPANY OR COMPANIES AUTHORIZED
TO DO BUSINESS IN TEXAS EVIDENCING THAT THE APPLICANT HAS IN FORCE A POLICY
OR POLICIES OF PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE ISSUED BY
SAID COMPANY OR COMPANIES INSURING THE APPLICANT AGAINST CLAIMS FOR
BODILY INJURY OR PROPERTY DAMAGE WHICH MIGHT BE SUSTAINDED BY THE CITY OR
ANY MEMBER OF THE PUBLIC OR ANY PROPERTY OWNER BY REASON OF THE OPERATION
OF SAID WELL'OR THE REWORKING AND/OR OPERATION OF SAID WELL, WITH COVER-
AGE LIMITS FOR BODILY INJURY. OR DEATH OF NOT LESS THAN $100,000, AND NOT
LESS THAN $300,000 FOR ANY ONE ACCIDENT ANDFOR PROPERTY DAMAGE OF NOT LESS
THAN $300,000 FOR ANY ONE OCCURRENCE; AND WITH ENDORSEMENT TO SAID POLICY
RUNNING TO THE CITY OF CORPUS CHRISTI FOR THE BENEFIT OF THE CITY AND MEMBERS
OF THE PUBLIC AND PROPERTY OWNERS AND OBLIGATING THE INSURERS TO GIVE THE
CITY SECRETARY WRITTEN NOTICE OF CANCELLATION OF SUCH INSURANCE NOT LESS
THAN 15 DAYS PRIOR TO THE DATE OF CANCELLATION. IN THE EVENT OF NOTICE
OF CANCELLATION OR TERMINATION OF SUCH INSURANCE THE PERMIT HOLDER SHALL,
PRIOR TO CANCELLATION OR TERMINATIONS FILE A NEW CERTIFICATE OR CERTIFICATES
TO THE SAME EFFECT AS THOSE TO BE CANCELLED AND UPON FAILURE TO FILE SUCH
NEW CERTIFICATE OR CERTIFICATES THE PERMIT SHALL AUTOMATICALLY TERMINATE.
E. IN THE EVENT IT APPEARS FROM TBE AFFIDAVIT AND APPLICATION
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FOR PERMIT OR FROM AN INSPECTION OF THE INSTALLATION ON THE GROUND AT
THE WELL THAT THE EQUIPMENT, INCLUDING VALVES, PIPES, TANKS, MACHINERY,
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COMPRESSORS, PUMPS, ETC., BE NOT IN KEEPING WITH THE MINIMUM REQUIREMENTS
OF THIS ORDINANCE, THE CITY SECRETARY SHALL ISSUE A NOTICE TO SUCH OPERATOR
TO SHOW CAUSE AT A TIME SET BY THE CITY COUNCIL WHY THE OPERATORS PERMIT
SHOULD NOT BE CANCELLED. PUBLICATION OF NOTICE OF SUCH HEARING SHALL BE
GIVEN BY THE CITY SECRETARY. A FEE OF $100.00 SHALL BE PAID TO THE CITY
SECRETARY UPON RECEIPT OF NOTICE TO SHOW CAUSE BY THE OPERATOR AND, UPON
FAILURE TO PAY SUCH FEE WITHIN 10 DAYS FROM RECEIPT OF NOTICE, THE OPERATOR'S
PERMIT SHALL BE CANCELLED WITHOUT HEARING AND THE OPERATOR SHALL CEASE
OPERATION OF SUCH WELL UNLESS AND UNTIL A DRILLING AND OPERATING PERMIT BE
OBTAINED UNDER THE PROVISIONS OF THIS ORDINANCE, AS IN THE CASE OF ORIGINAL
DRILLING OF A WELL. IN THE EVENT A HEARING IS HELD THE COUNCIL SHALL
DETERMINE WHETHER OR NOT A PERMIT SHALL BE GRANTED WITH VARIATIONS AS
PERMITTED UNDER THE TERMS OF THIS ORDINANCE AS IN THE CASE OF THE ORIGINAL
DRILLING OF A WELL OR WHETHER A PERMIT SHOULD BE DENIED FOR FAILURE TO
COMPLY WITH THE REQUIREMENTS AS IN THE CASE OF ORIGINAL DRILLING OF A
WELL.
F. WHEREVER WELLS ARE IN EXISTENCE AND OPERATING AND CAPABLE
OF PRODUCING SIN PAYING QUANTITIES AND SPACED OTHERWISE THAN AS IS AUTHORIZED
BY THE DRILLING MAP OF THE CITY] SUCH WELLS MAY BE CONTINUED TO BE OPERATED
BY OBTAINING THE OPERATORS PERMIT HEREIN PROVIDECI.
G. WHEREVER REWORKING OPERATIONS ARE REQUIRED IN A WELL EXISTING
AT THE TIME OF ANNEXATION, A SUPPLEMENTAL PERMIT SHALL BE OBTAINED AS PRO-
VIDED IN SECTION 2Y -54, UPON THE PAYMENT OF A $50.00 REWORKING FEE AND
MAKING THE NECESSARY SHOWING OF COMPLIANCE WITH THE PROVISIONS-OF THIS
ORDINANCE AS TO SAFETY PRECAUTIONS AND OTHER OPERATIONS REGULATED BY THIS
ORDINANCE."
SECTION 2. THIS ORDINANCE SHALL NOT BE CONSTRUED AS REPEALING,
ALTERING OR OTHERWISE AFFECTING THE VALIDITY AND BINDING FORCE OF ANY
ORDINANCE PERTAINING TO FIRE PREVENTION HEALTH, SANITATION OR SAFETY
OF PERSONS OR PROPERTY HERETOFORE ENACTED BY THE CITY OF CORPUS CHRISTI,
TEXAS.
SECTION 3. ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
WITH ANY OF THE PROVISIONS OF THIS ORDINANCE ARE HEREBY EXPRESSLY REPEALED.
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IF EVER AND WHENEVER IN THIS ORDINANCES RESTRICTIONS PROHIBITIONS, OR
PROVISIONS CONFLICT, AND IF EVER AND WHENEVER RESTRICTIONS, PROHIBITIONS
OR PROVISIONS IN THIS ORDINANCE CONFLICT WITH LAWS OF THE STATE OF TEXAS,
OR WITH REGULATIONS OF STATE OR FEDERAL REGULATORY BODIES HAVLNG JURIS-
DICTION, IN EACH INSTANCE THE MORE RESTRICTIVE RESTRICTI,ON, REGULATION
PROHIBITIONS OR PROVISION SHALL APPLY.
SECTION 4. SEVERABILITY. IF ANY SECTIONS PARAGRAPH, SUBDIVI-
SION, CLAUSE, PHRASE OR PROVISION OF THIS ORDINANCE SHALL, FOR ANY REASON,
BE ADJUDGED INVALID OR HELD TO BE UNCONSTITUTIONAL THE INVALIDITY OR
UNCONSTITUTIONALITY OF SUCH PARTICULAR SECTIONS PARAGRAPHS SUBDIVISION
CLAUSE, PHRASE OR PROVISION SO DECLARED SHALL NOT AFFECT THE VALIDITY OR
CONSTITUTIONALITY OF THE REMAINING PROVISIONS HEREOF BUT THE SAME AND
EACH OF THEME SHALL REMAIN IN FULL FORCE AND EFFECT."
SECTION 5. IN ADDITION TO THE PENALTIES HEREIN PROVIDED FOR
VIOLATION OF THE TERMS OF THIS ORDINANCES THE CITY SHALL HAVE THE RIGHT TO
PROCEED BY INJUNCTION, OR ANY OTHER SPECIAL PROCEEDING PROVIDED BY LAWj TO
ENFORCE THE PROVISIONS OF THIS ORDINANCE AND TO PREVENT VIOLATION OF THE
TERMS OF THIS ORDINANCES AND TO PROTECT THE PUBLIC FROM POTENTIAL INJURY
UNDER THE POLICE POWER OF THE CITY AND ITS POWER TO PREVENT AND ABATE
NUISANCES.
THAT THE FOREGOING ORDINANCE WAS p'ypFOR THE Fl/ S ME A D
PAS E 0 ITS SECOND READING ON THIS THE <J DAY OF
19 BY THE FOLLOWING VOTE:
JAMES L. BARNARD CtiG -C
JAMES H. YOUNG
JACK R. BLACKMON
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
W. H. WALLACE, JR.
.THAT THE FOREGOING ORD I N C WAS READ F SAC D MIME ANDCA'C(� D
TO ITS THIRD READING ON THIS THE �D AY OF 19 y' /'
BY THE FOLLOWING VOTE:
JAMES L. BARNARD
JAMES H. YOUNG
JACK R. BLACKMON
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
W. H. WALLACE, JR.
THAT THE FORE I ORDINANCE EAD/F TF
FINALLY ON THIS THE DAY OF
THE FOLLOWING VOTE:
JAMES L. BARNARD
JAMES H. YOUNG
JACK R. BLACKMON
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
W. H. WALLACE, JR.
PASSED AND APPROVED, THIS THE 7 DAY OF
AT ?5
SSED
Y
CITY SECR T
APPROVED AS TO L�GrnA�j FO'gM THIS
DAY OF 196 :
OR
THE CITY OF CORPUS CHRISTI, TEXAS
CITY ATTORNE