HomeMy WebLinkAbout11567 ORD - 07/11/1973s
AN ORDINANCE
AMENDING ORDINANCE NO. 8294, AS AMENDED, COMMONLY
CALLED THE "BAY DRILLING ORDINANCE ", REGULATING
OPERATIONS•FOR PRODUCTION OF OIL AND GAS, SO AS TO
PROVIDE SPECIAL PROVISIONS RELATIVE TO CORPUS CHRISTI
BAY, NUECES BAY, LAGUNA MADRE, AND CERTAIN NEWLY
ANNEXED TERRITORY OF THE CITY OF CORPUS CHRISTI;
REPEALING ORDINANCE NO. 10,048; PROVIDING A SEVER -
ABILITY CLAUSE; PROVIDING FOR PUBLICATION:
WHEREAS, operations for the production of oil and gas within the
City limits of the City'of Corpus Christi, Texas, are regulated by the pro-
visions of the "Bay Drilling Ordinance ", Ordinance No. 8294, as amended; and
WHEREAS, such operations in certain bay areas have been regulated
by said ordinance, as the same has been amended from time to time; and
WHEREAS, developments in these bay areas and in the City of
Corpus Christi and its environs require that these provisions for regula-
tion of operations for such production be further amended; and
WHEREAS, it is recognized that lessees of oil and gas leases in
the area covered by this Ordinance own the rights to search for and pro-
duce oil and /or gas underlying such leases and are entitled to reasonable
s, means of extracting such substances; and
WHEREAS, the City Council desires and intends by this Ordinance
to protect the public health, safety, morals and general welfare within
its jurisdiction, and in so doing to regulate the use of property and the
conduct of persons to any required extent within its municipal powers, with
due regard for the legal rights of others; and
WHEREAS, this Ordinance governs the exploration, drilling and
production of oil, gas and other hydrocarbons, but it is intended, insofar
as applicable to the area covered herein to be primarily applicable to the
exploration, drilling and production of gas and gas condensate, and it is
recognized that in ;the event additional oil is discovered or annexed in
i
commercial quantities in the area covered by this ordinance,;conditions may
arise which will necessitate a revision of the provisions of this Ordinance
but until such other or different classification and regulation is adopted,
shall be governed by the provisions hereof; and
J-1 567
A,
a,
}s
WHEREAS, it is recognized that certain bay areas, and par-
ticularly those annexed to the City of Corpus Christi by Ordinance No.
11,201, dated December 13, 1972, present peculiar problems for regulation
because of differing development history, subsurface conditions and avail-
able facts as to subsurface conditions with the result that reasonable
classification of such differing areas is now required, and.may hereafter
N
require other or different classification and regulation; and
WHEREAS, the City Council has made extensive investigation in the
premises, directly and through its authorized agents, and has afforded ample
opportunity for all segments of the economy and of the public to be heard
prior and subsequent to the publication of this Ordinance; and
WHEREAS, certain bay areas, and particularly those annexed by
Ordinance No. 11,201, December 13, 1972, consist of older production wells
and secondary recovery wells and said area is not comparable to the situation
in the other areas governed by this Ordinance; and
WHEREAS, the City Council, therefore, finds that adoption of the
following Ordinance is in the public interest, and intending in this act
to exercise any and all governmental powers of whatever nature vested in
it by law:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF .CORPUS CHRISTI, TEXAS:
SECTION 1. Ordinance No. 10,048, which provides for interim
enforcement of certain city ordinances and rules and regulations governing
the exploration for, drilling, operation, and shutting -in (plugging) of
oil and gas wells, and pipeline transport of the products thereof, in
the areas of Laguna Madre and Corpus Christi Bay annexed to the City by
the City's Ordinance No. 10,007, November 18, 1970, is hereby.repealed.
SECTION 2. Subsection 2.1 of Ordinance No. 8294 is hereby
amended by adding a new.sentence at the end thereof:
"Wherever in this ordinance reference is made to Corpus
Christi Bay, such reference shall not apply to the area
annexed to the City by Ordinance No. 11,201, dated
December 13, 1972, except as specifically hereinafter included."
-2-
A
F
SECTION 3. Section 3, of Ordinance No. 8294, as amended, -is
hereby amended by adding at the end of subsection 3.19 the following
new clause:
"This definition does not apply to the areas of Laguna
Madre and Corpus Christi Bay annexed to the City of Corpus
Christi by Ordinance No. 11,201, dated December 13, 1972.
A 'regular location' in the area annexed by Ordinance No.
119201 is defined as any location approved by any Federal
or State regulatory agency having jurisdiction thereover."
SECTION 4. Section 6 of Ordinance No. 8294 as amended, is hereby
amended by adding a new subsection 6.7:
"Extend the line from its termination as described in subsection
6.6 to the bisection of the lines comprising the southeastern-
most side of State Tract 95 and the southwesternmost side
of State Tract 95. Thence in a southwesterly direction along
the southeasternmost line of State Tract 98 to where this
line intersects with the northeasternmost line of State Tract
39. Thence in a northwesterly direction along the northeastern-
most line of said State Tract 39 to the northwesternmost
corner of State Tract 39 which is also the northeasternmost
x
corner of State Tract 38. Thence in a southwesterly '
direction along the southeasternmost lines of State Tracts
38, 37, and 36, to the southeasternmost corner of State
Tract 36 which is also the northeasternmost corner of State
Tract 35. Thence in a northwesterly direction along the
northeasternmost lines of State Tracts 35 and 6 to the shoreline."
SECTION 5. Section 7 of Ordinance No. 8294, as amended, is
hereby amended by adding at the end of Subsection 7.1 the following new
sentence:
"The provisions of this section shall not apply to the
areas of Laguna Madre and Corpus Christi Bay annexed to
the City by Ordinance No. 11,201, dated December 13, 1972
except as hereinafter stated."
-3-
SECTION 6; Ordinance No. 8294, as amended, is hereby amended
by'adding to Subsection 7.6 the following new Subsection "E ":
"E. The regulations contained in this Subsection shall
h apply to the areas of Laguna Madre and Corpus Christi Bay
-annexed to the City by the City.'s Ordinance No. .11,201,•
dated December 133 1972, where those areas are subject to
United States Coast Guard regulations and jurisdiction."
SECTION 7. Amending Ordinance No. 8294, as amended, by amending
Subsection 7.11A to hereafter read as follows:
"7.11A With respect to state leases which cover only an area_
approximately 320 acres in size, the term 'State Lease Tract'
as used in paragraphs 7.10 and 7.11 of Section 7 hereof shall
be deemed to mean and require an area approximately 640 acres
in size which shall be formed by combining two of said state
leases along the abutting long sides thereof, with such
combinations to be commenced on the most westerly side of
Corpus Christi Bay where said leases are found and to be
carried forward contiguously in an eastwardly direction so
as to form areas of approximately 640 acres in size in the'
shape of a square. Specifically, but not by way of limitation
each pair of the following listed pairs of State Lease Tracts
shall be deemed to constitute but one State Lease Tract for
purposes of-paragraphs 7.10 and 7.11 of this Section 7, to -wit:
1. .State Lease Tracts Nos. 419 and 420
2. State Lease Tracts Nos. 445 and 446
3. ' State Lease Tracts Nos. 447 and 448
4. State Lease Tracts Nos. 449 and 450
5. State Lease Tracts Nos. 451 and 452
6. State Lease Tracts Nos. 453 and 454
7. State Lease Tracts Nos. 469 and 470
8. State Lease Tracts Nos. 471 and 472
9. State Lease Tracts Nos. 473 and 474
10. State Lease Tracts Nos. 475 and 476
The following State Lease Tract numbers are hereby declared
exempt from the cluster requirements of Subsection 7.10 of
Ordinance No. 8294, as amended:.
1. State Lease Tracts Nos. 415 and 416
2. State Lease Tracts Nos. 417 and 418
-4-
4
3. State Lease Tracts Nos. 421 and 422
4. State Lease Tracta Nos. 443 and 444
5. State Lease Tract Nos. 455 and 456."
SECTION 8. Ordinance No. 8294 as amended by Ordinance No. 9965;
is hereby amended by amending Subsection 7.14 by adding at•the beginning
thereof the following sentence:
"This Subsection shall apply in all areas, including the areas
of Nueces Bay, Laguna Madre, and Corpus Christi Bay, including,•
areas annexed to the City by the City'-s Ordinance No. 11,201, "
dated December 13, 1972."
SECTION 9. Ordinance No. 82943 as amended, is hereby amended
by amending the title to Section 9 by adding the following words after
the word 'Bay': 'And other areas', and by amending Subsection 9.1 by
striking the period at the end thereof and inserting in lieu thereof the
following clause:
"and the areas of Laguna Madre and Corpus Christi Bay
annexed to the City by the City's Ordinance No. 11,201,'
dated December 13, 1972."
SECTION 10. Section 9 of Ordinance No. 8294, as amended, is
hereby amended by adding the following new sentence after the first sentence
but before the second sentence in Subsection 9.4:
'!The effective date of this Subsection for the area of
Laguna Madre and Corpus Christi Bay annexed to the City
by Ordinance No. 11,201, dated December 13, 1972, shall
be the effective date of this amendment to Ordinance No.
8294, this amendment being Ordinance No.
SECTION 11. Ordinance No. 8294, as amended, is hereby amended
by adding the following clause at the beginning of Subsections 14.1 and 14.2:
"This Section shall apply to that portion of Corpus
Christi Bay which was within the corporate limits of the
City of Corpus Christi immediately prior to final passage
of the City's Ordinance No. 11,201, dated December 13, 1972."
SECTION 12. Section 14 of Ordinance No. 8294,.as amended, ,
is hereby amended by adding the following new Subsection 14.3 thereto:
-5-
1114.3 All well surface structures, production platforms
• and other structures, and facilities located above the
water in the area annexed to the City by Ordinance No.
11,201, dated December 13, 1972, and composed of materiale-
generally protected or painted, shall be protected and
painted in an appropriate color and shall be repainted at '
sufficiently frequent intervals to maintain same in good
condition."
SECTION 13. Section 14 of Ordinance No. 8294, as amended, is
hereby amended by adding the following new Subsection 14.4 thereto:
"14.4 In that area annexed to the City by Ordinance
No. 11,201, dated December 13, 1972, well surface struc -.
tures and platforms are required to have adequate and
appropriate lighting in accordance with and conformable to
the applicable United States Coast Guard requirements and
regulations."
SECTION 14. Ordinance No. 8294, as amended, is hereby amended
by amending Section 19 thereof by adding a new Subsection 19.19; entitled
and reading as follows:
"Subsection 19.19 Prohibition Against Pumping Units. "
In all the area within the corporate limits of-the City
of Corpus Christi encompassing Corpus Christi Bay, Nueces
Bay, Laguna Madre and the areas of Laguna Madre and Corpus
Christi Bay annexed to the City by the City's Ordinance
No. 11,201, dated December 13, 1972, lying below the line
of mean high tide (as that line exists on the effective
date hereof), and within the boundaries of the City of
Corpus Christi (as such boundaries may exist from time
to time), in all water areas, those units commonly
referred to as pumping units employing so- called sucker
rods whether beam or hydraulic type are hereby prohibited
and there is hereby declared a prohibition against such
pumping units."
-6-
,o c�
SECTION 15. Ordinance No. 82949 as amended, is-hereby amended
by amending Subsection 20.4 by adding at the end thereof the following'
new sentence:
"Provided, however, this, subsection does not apply to the areas
of Laguna Madre and Corpus Christi Bay annexed to the City by
the City's Ordinance No. 11,201, dated December 13, 1972."
SECTION 16. Ordinance No. 8294, as amended, is hereby amended
by amending Subsection 20.5 by adding at the end of Subsection 20.5 (d)
a new Subsection 20.5 (e) to read as follows:
"(e) In Corpus Christi Bay within the City of Corpus
Christi corporate limits as they existed in December,
1966, no storage of oil or petroleum products shall be
allowed. However, with the approval of the City Council,
upon the recommendation of the Bay Drilling Committee, in
all other areas of Nueces Bay, Corpus Christi Bay and
Laguna Madre, production platforms may contain storage
of oil or petroleum products limited as follows: (a) no
more than one thousand (1000) barrels in a single container
or (b) if a container is of more than one thousand (1000)
barrel capacity, it must be compartmentalized so that each
compartment does not exceed one thousand (1000) barrels in
capacity. Provided, however, that this Subsection •20.5 (e)
shall apply only to new or replacement tanks installed after
the effective date of this Ordinance."
SECTION 17. Ordinance No.•8294, as amended, is hereby amended
by amending Subsection 25.1 by deleting the following clause:
"made of some permanent material, which shall reflect
the name of the permittee and the number of the permit
issued therefor"
and inserting in lieu thereof the following language:
"conformable to the requirements of the Railroad
Commission of Texas."
SECTION 18. Ordinance No. 8294, passed and approved on
December 21, 1966, be and the same is hereby amended by amending Section
2 thereof to add a new Subsection 2.4 to read as follows:
-7-
cr`
's •
"Those areas annexed to,the City by Ordinance No. 11,201,
passed and approved by the City Council on December 13, 1972,
included certain land areas used for storage of petroleum
products which areas are entirely surrounded by water and
thereby present no real danger of fire to the rest'of the '
City. In addition to the lack of a real danger to the City,
compliance with the existing fire standards on those land
areas would present an undue and unreasonable economic bur-
den on the owners thereof to bring such areas into conformity
with existing fire standards. Therefore, those land areas
annexed to the City by the aforesaid Ordinance No. 11,201
are exempted from the requirements of the Fire Prevention
Code for a period of three' (3) years from the effective date
of this Ordinance and exempted for a period of five (5) years
from the fire wall requirements of said code as follows:
0
1. Said areas are specifically exempted from the require-
ments of Article 16, Division II and VI, Fire Prevention
Code, 1970 edition, as adopted by Ordinance No. 11,239, passed
and approved on January 3, 1973, for a period of three (3)
years from the effective date of this Ordinance. ,
2. Said areas are specifically exempted from the diking and
drainage requirements of Article 16, Section 16.22(h) Division
II, Fire Prevention Code, 1970 edition, as adopted by the
aforementioned Ordinance No. 11,239 for a period of five (5)
years from the effective date of this Ordinance."
SECTION 19. If for any reason any section, paragraph, subdivision,
clause, phrase, or provision of this Ordinance shall be held invalid by final
.judgment of a court of competent jurisdiction, it shall not affect any valid
provisions of this or'any other Ordinance of the City of Corpus Christi to
which these rules and regulations relate.
SECTION 20. Publication shall be made one time in the official
publication of the City of Corpus Christi, by publishing the caption of
this Ordinance, stating in substance the purpose of the Ordinance.
That the foregoing ordinance was read for the first time and passed
to its second reading on this the a i,PCA� day of 6r , 19 '?_, by the
following vote: U
Jason Luby
ll le-
James T. Acuff
GU 1L
Rev. Harold T. Branch
dfiP-
,�
u
Thomas V. Gonzales
(L�11t
U
Ricardo Gonzalez1�
w
Gabe Lozano, Sr.
0--lN
u
J. Howard Stark
That the foregoing ordinance was read
for the second time and passed
to its third reading on this the ?eO day of
UL4 A< , 19'x, by the
following vote:
Jason Luby
CG�1ti
,James T. Acuff
Q c 1L
Rev. Harold T. Branch
/C-
Thomas V. Gonzales
Cx
Ricardo Gonzales
Gt -'-f-
Gabe Lozano, Sr.1�
J. Howard Stark
Cis c�
That the foregoing ordinance was read
for the third time and passed
finally on this the day of (�,-&u
, 19 7 3 , by the following vote:
U �
Jason Luby
•
p
_ James T. Acuff _:
e
t
y
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzales
Q t�
Gabe Lozano, Sr.
x
J. Howard Stark
CLtvL
U
PASSED AND APPROVED, this the -
day of 19 .
Q
ATTEST:
r
-tom
�°"
City Secre ary /
(/ (/
MAY
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED: _
2� DAY OF,,, iWU IQ:
hd
City'-'Attorney
X
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, �ss:
County of Nujeces.
Before me, the undersigned, a Notary Public, this day personally came ..................................
Laulse ... V.Izk .................................... who being first duly sworn, according to law, says that he is the u
.......... M-a2 B. -SUIX—rV.1 Zar ................. of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
T.Legs2 H.Q.tirnamn.Natlae ... of . .........
.A§.p a&g jg_.�gg.cj .7 ..................... ..
of which the annexed is a true copy, was published in ........................... T. Imes............_..: .................. . ..... . ..
on the ... 1.4:LNay of ........ ..... Tw-y ................ 19._73, amkm==arJt --------------------------- At9EftFRm-&r ....................... .
cowerfte .......... . .............................................
............ I .................. Times.
................... ................ ----- 2
... ...........
Lo se Vick, Class. Adv. Supervisor
Subscribed and sworn to before me this day of. ............................... Zul-y ........... 19-7-3. ......
/' ..
Woodrow Glenn
o ay Public, .Nueces County, Texas
k