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Home My WebLink About09346 ORD - 04/30/1969IMS:MVL AN ORDINANCE DECLARING THAT ANY WELL DRILLED FOR OIL, GAS OR OTHER MINERALS WITH A SURFACE LOCATION OUTSIDE OF THE CITY LIMITS BUT WITHIN 5000 FEET OF THE CITY LIMITS WHICH IS NOT EEING DRILLED AND OPERATED IN .ACCORDANCE WITH THE REGULATIONS, EQUIPMENT AND RESTRICTIONS CONCERNING THE DRILLING AND OPERATION OF WELLS OF SIMILAR CHARACTER WITHIN THE CITY LIMITS, AND PARTICULARLY THOSE REGULATIONS CONTAINED IN ORDINANCE NO. 8291+, AS AMENDED, AND ORDINANCE NO. 8879, AS AMENDED, IS A NUISANCE AND PUNISHABLE BY A FINE OR INJUNCTION; AND DECLARING AN EMERGENCY. WHEREAS, THE.CITY HAS FOR SEVERAL YEARS REGULATED THE OPERA- TIONS FOR DRILLING OF WELLS FOR OIL, GAS AND OTHER MINERALS WITHIN THE CITY LIMITS, INCLUDING THE ADOPTION OF ORDINANCE No. 8294, GENERALLY REFERRED TO AS THE "BAY DRILLING ORDINANCE ", AND ORDINANCE No. 8879, GENERALLY REFERRED TO AS THE "LAND DRILLING ORDINANCE ", AND AMENDMENTS TO SAID ORDINANCES, WHICH HAS BEEN DEEMED NECESSARY FOR THE PROTECTION OF THE PUBLIC AND FOR THE SAFETY AND WELFARE OF THE PUBLIC; AND WHEREAS, THE REGULATIONS WHICH ARE REQUIRED TO BE FOLLOWED CONCERNING DRILLING OF ANY SUCH WELLS FROM A LOCATION WITHIN THE CITY LIMITS.SHOULD, FOR THE PROTECTION OF THE PUBLIC, APPLY TO WELLS BEING DRILLED FROM A LOCATION OUTSIDE THE CITY LIMITS BUT HAVING A BOTTOM HOLE LOCATION WITHIN THE CITY LIMITS AND AS WELL TO THOSE LOCATIONS WHICH ARE OUTSIDE OF THE CITY LIMITS BUT WITHIN 5,000 FEET OF THE CITY' LIMITS SO AS TO PROTECT THE PUBLIC FROM THE POSSIBILITY OF AN OPERATOR FAILING TO TAKE THOSE PRECAUTIONS WHICH HAVE BEEN DEEMED NECESSARY TO BE TAKEN WITHIN THE CITY LIMITS TO PREVENT BLOWOUTS, CRATERS, RELEASING OF GAS, OIL AND SALT WATER, DETRIMENTAL TO LAND AND WATER AREAS AND PROPERTY, AND DETRIMENTAL TO GAME AND FISH IN THE AREA, AND DAMAGES TO NAVIGATION WITHIN WATER AREAS OF THE CITY; AND WHEREAS, THE CITY COUNCIL HAS DETERMINED THAT SAID REGULATIONS APPLICABLE TO THE DRILLING OF WELLS FOR OIL, GAS AND MINERALS WITHIN THE CITY SHOULD APPLY TO DRILLING AND OPERATIONS OUTSIDE OF THE CITY LIMITS BUT WITHIN 5,000 FEET OF THE CITY LIMITS AND THAT THE FAILURE TO ABIDE BY SUCH REGULATIONS SHALL CONSTITUTE A NUISANCE AND SUBJECT TO BEING ABATED BY THE CITY: 934f NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT ALL OF THE SUBSECTIONS 19.1 TO 19.16, INCLUSIVE, AND SUBSECTION 19.18 OF ORDINANCE No. 8294, GENERALLY REFERRED TO AS THE "BAY DRILLING ORDINANCE", REGULATING THE DRILLING OPERATIONS AND CONDITIONS AT THE SITE OF THE DRILLING OPERATIONS IN BAY AREAS, ARE HEREBY MADE APPLI- CABLE TO ALL DRILLING OPERATIONS IN THE BAY AND LAGUNA MADRE AREAS OUTSIDE OF THE CITY LIMITS BUT WITHIN 5,000 FEET OF THE CITY LIMITS, AS TO ALL WELLS DRILLED AFTER THE ADOPTION OF THIS ORDINANCE. FURTHERMORE, BEFORE DRILLING OPERATIONS ARE COMMENCED ON ANY WELL SO LOCATED, THE OPERATOR SHALL FILE WITH THE CITY PETROLEUM SUPERINTENDENT, FOR HIS APPROVAL, A CASING PROGRAM FOR SUCH WELL, STATING THE LOCATION OF SUCH WELL. THE FAILURE TO FILE WITH AND OBTAIN THE APPROVAL OF THE PETROLEUM SUPERINTENDENT OF THE CITY OF SAID CASING PROGRAM, AND THE FAILURE TO FOLLOW SUCH CASING PROGRAM OR SAID ORDI- . NANCE REQUIREMENTS, IS HEREBY DECLARED TO CREATE A NUISANCE AND A VIOLATION OF THIS ORDINANCE. SECTION 2. THAT ALL OF THE SUBSECTIONS 6.1, 6.3 TO 6.10, INCLU- SIVE, 6.12, 6.13, 6.18 AND 6.30 OF ORDINANCE No. 8879, GENERALLY REFERRED TO AS THE "LAND DRILLING ORDINANCE ", REGULATING THE DRILLING OPERATIONS AND CONDITIONS AT THE SITE OF THE DRILLING OPERATIONS IN LAND AREAS, ARE HEREBY MADE APPLICABLE TO ALL DRILLING OPERATIONS IN LAND AREAS AND OSO BAY AREAS OUTSIDE OF THE CITY LIMITS BUT WITHIN 5,000 FEET OF THE CITY LIMITS, AS TO ALL WELLS DRILLING AFTER THE ADOPTION OF THIS ORDINANCE. FURTHER- MORE, BEFORE DRILLING OPERATIONS ARE COMMENCED ON ANY WELL SO LOCATED, THE OPERATOR SHALL FILE WITH THE CITY PETROLEUM SUPERINTENDENT, FOR HIS APPROVAL, A CASING PROGRAM FOR SUCH WELL, STATING THE LOCATION OF SUCH WELL. THE • FAILURE TO FILE WITH AND OBTAIN THE APPROVAL OF THE PETROLEUM SUPERINTENDENT OF THE CITY OF SAID CASING PROGRAM AND THE FAILURE TO FOLLOW SUCH CASING PROGRAM OR SAID ORDINANCE REQUIREMENTS, IS HEREBY DECLARED TO CREATE A NUISANCE AND A VIOLATION OF THIS ORDINANCE. -2.- SECTION: 3. WHEREVER DRILLING OR PRODUCTION OPERATIONS COMMENCED AFTER THE EFFECTIVE DATE OF THIS ORDINANCE ARE CONDUCTED AT A WATER SURFACE LOCATION OUTSIDE OF THE CITY LIMITS, EXCEPT OSO BAY AREA BUT WITHIN 5,000 FEET OF THE CITY LIMITS, WHERE THE WELL IS INTENDED TO HAVE A DEVIATION FROM THE VERTICAL TO THE•EFFECT THAT THE BOTTOM OF THE HOLE, OR SOME POINT BETWEEN THE SURFACE LOCATION AND THE BOTTOM OF THE HOLE, WILL BE VERTICAL FROM SOME POINT IN THE CITY LIMITS OF AN AREA SUBJECT TO ORDINANCE No. 8294, SUCH OPER- ATIONS SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF ORDINANCE No. 8291, EXCEPT SUBSECTIONS 7.10, 7.11, 7.11A, 7.12, 7.13, ALL OF SECTION 8, ALL OF SECTION 10, AND SUBSECTIONS 20.1, 20.5 AND 20.6, GENERALLY REFERRED TO AS THE "BAY DRILLING ORDINANCE ", AND THE AMENDMENTS TO SAID ORDINANCE REGULATING THE DRILLING OPERATIONS AND CONDITIONS AT THE SITE OF THE DRILLING OPERATIONS IN BAY AREAS WITHIN THE CITY LIMITS, INCLUDING OBTAINING OF A PERMIT, AND THE FAILURE TO OBSERVE ANY OF SAID REGULATIONS IS HEREBY DECLARED TO BE A NUISANCE, AND A VIOLATION OF THIS ORDINANCE. SECTION 4. WHEREVER DRILLING OR PRODUCTION OPERATIONS COMMENCED AFTER THE EFFECTIVE DATE OF THIS ORDINANCE ARE CONDUCTED AT A LAND SURFACE LOCATION OUTSIDE THE CITY LIMITS, INCLUDING OSO BAY AREAS BUT WITHIN 5000 FEET OF THE CITY LIMITS, WHERE THE WELL 15 INTENDED TO HAVE A DEVIATION FROM THE VERTICAL TO THE EFFECT THAT THE BOTTOM OF THE HOLE, OR SOME POINT BETWEEN THE SURFACE LOCATION AND THE BOTTOM OF THE HOLE, WILL BE VERTICAL FROM SOME POINT IN THE CITY LIMITS, SUBJECT TO THE PROVISIONS OF ORDINANCE No. 8879, SUCH OPERATIONS SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF ORDINANCE No. 8879, GENERALLY REFERRED TO AS THE "LAND DRILLING ORDINANCE ", EXCEPT ALL OF SECTIONS 3 AND 4, SUBSECTIONS 5.2C, 5.2D, 5■2L, 5.5, 5.16, 5.18, 5.19, 6.17, 6.18, 6.20 THROUGH 6.24, AND ALL OF SECTION 8, AND THE AMENDMENTS TO SAID'ORDINANCE REGULATING THE DRILLING OPERATIONS AND CON- DITIONS AT THE SITE OF THE DRILLING OPERATIONS WITHIN THE CITY LIMITS, INCLUDING THE OBTAINING OF A PERMIT FOR SUCH DRILLING OPERATIONS, AND THE FAILURE TO OBSERVE ANY OF SAID REGULATIONS IS HEREBY DECLARED TO BE A NUISANCE, AND A VIOLATION OF THIS ORDINANCE. -3- SECTION 5. ANY VIOLATION OF THIS ORDINANCES FAILURE TO COMPLY WITH THE REGULATIONS HEREIN PROVIDED WHICH ARE HEREBY ADOPTED BY REFERENCE • TO SAID ORDINANCES AND AMENDMENTS WHICH ARE ON FILE IN THE OFFICE OF THE CITY SECRETARY SHALL BE PUNISHABLE BY A FINE OF NOT EXCEEDING TWO HUNDRED DOLLARS ($200.00). EACH DAY OF VIOLATION SHALL CONSTITUTE A SEPARATE OFFENSE. SECTION 6. IF ANY SECTIONS PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE OR PROVISION OF THIS ORDINANCE SHALL, FOR ANY REASONS BE ADJUDGED INVALID OR HELD TO BE UNCONSTITUTIONAL, THE INVALIDITY OR UNCONSTITUTION- ALITY OF SUCH PARTICULAR SECTION, PARAGRAPH, 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 THEM, SHALL REMAIN IN FULL FORCE AND EFFECT. SECTION 7. IN ADDITION TO ANY OTHER PENALTY PROVIDED BY THIS SECTION, THE CITY COUNCIL MAY DIRECT THE CITY ATTORNEY TO INSTITUTE AN ACTION IN ANY COURT HAVING COMPETENT JURISDICTION TO ENJOIN ANY VIOLATION OF THE PROVISIONS OF THIS ORDINANCE OR FOR AN INJUNCTION TO COMPEL COM- PLIANCE WITH ANY PROVISION OF THIS ORDINANCE. SECTION 8. THIS ORDINANCE SHALL NOT BE CONSIDERED AS GRANTING ANY FRANCHISE OR EASEMENT FOR THE SUBSURFACE USE OF ANY PUBLIC -OWNED PROPERTY OR EASEMENT WITHIN THE CITY, NOR OF ANY USE OF ANY PUBLIC -OWNED PROPERTY OR EASEMENT OUTSIDE OF THE CITY. NOTHING IN THIS ORDINANCE SHALL APPLY WITHIN THE CITY LIMITS OF ANY OTHER INCORPORATED CITY. SECTION 9. THE NECESSITY FOR PROHIBITING THE POSSIBILITY OF OCCURENCE OF A NUISANCE OUTSIDE OF THE CITY LIMITS BUT WITHIN 5,000 FEET OF THE CITY LIMITS AS SOON AS POSSIBLE CONCERNING THE OPERATION OF DRILL- ING OR OPERATING OF WELLS FOR OIL, GAS AND OTHER MINERALS, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION -4- SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 3,0 DAY OF APRIL, 1969. ATTEST: CITY 'CRETARY APPROVED: j0 DAY OF APRIL, 1969: e i R' THE CITY OF CORPUS CHRISTI, TEXAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET CORPUS CHRISTI, TEXAS DAY OF FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. THE CHARTER RULE WAS SUS RESPECTFULLY, 70tete R THE CITY OF CORPUS CHRISTI, TEXAS �C9 DE BY THE FOLLOWING VOTES JACK R. BLACKMON RONNIE SIZEMORE V. A. „DICK" BRADLEY, JR, P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR: P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS` 3'0' PUBLISHER'S AFFIDAVIT TATS OF TEXAS, �ss • -•__ County of Nueces• )) public, this day Personally came.... _ the a Notary according to law, says that he is Before me, the undersigned, sworn, who being first duly a Corpus t hrsti Times, �.- ..Bar-n°g-• ......... ' ti Caller and Th .._- .Z�Zand -- .... of the Corpus Chas that the publication of Da. �] ewsp f era. .bushed at Co us Christi, Texas, in said County and State, and ,d,lished at Corpus i �C i; 93 6 Daily Newspapers published OF FASSAGE.OF. ORDIP — ._.....i ._.....4...._._. _.. -. Le 942.1 Notic _ ...._. - ----- .._....._. .d is was published in ..— thg.. T,irle S...._ — ....... ..._........... -._ a copy, �5*.._ .............. --- of which the annexed is a true 19 -�-9, lilcia X iAN: -� on the—.3.— day of ..- ......- ..S6a3�...- ._.......- .. M consecutive______ �� /� 1 Times I r / ,--:!! Classified g _........ G. Barnes, pier Lel nday of__.. .p�p-......_.......7r•= ; --.... Subscribed and sworn to before me this -- •• - - -J �i �y�_,,,- _...... ----- ".... County, Texas Louise Vick j Notary NOTICE OF PASSAGE OF ORDIIlIBC�s NO 4346 ORECLLAARINGG T GAS OR WELL ^'SIDE A SUE CITY 7 LWflHIN 5900 FEES OF TY NIG DRILLED AND IOPEIR5AJj1�ED_ IN 4qTTCCNNC�.�Op1ROANCE WITH THE *9t TRICTIONSECONCERNING E WELLSN04 AND ILAROPERATION AI REP PARTICULARLY I THOSE I REGULA- TIONS CONTAINED IN ORDINANCE NO. ANC NO 6879 AS AMENDED, 40 A L NU ANCE AND U PUSHABLDECIRI NG ORAN EMERGENY WAS PASED AND he City "Council of the City of Carpus y Christi, at Hie Regular Meeting held of 2166 ,,pp..tn., the 30th aay M APril, 1969, nd pran des that It'Poll take effect from and after its pas o1999 for 01010/190 uholl Pa 0 tlneaf t exceeding Two Hundred (520006) Dollars. ISSUED I SEAL offf the City 09 Corpuss Christi, i Texas, this 1st day of May, 1969 T RAY KRING, City of Corpus Christi, Texxas (3