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Home My WebLink About023020 ORD - 07/29/1997AN ORDINANCE AMENDING THE CITY CODE OF ORDINANCES CHAPTER 35, OIL AND GAS WELL DIVISION TO INCREASE FEES IN THE FOLLOWING SECTIONS: 35-82, APPLICATION FOR PERMIT REQUIRED, FEE; SECTION 35-87, PERMITS FOR PRODUCTION STRUCTURES OR FACILITIES IN MARINE AREAS AND ON STATE TRACTS (7); SECTION 35-88, SEISMIC SURVEYS, TO INCREASE THE PERMIT FEES FOR DRILLING OIL AND GAS WELLS; AND SECTION 35-117, ANNUAL WELL INSPECTIONS, FEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR AN EFFECTIVE DATE OF AUGUST 1, 1997. WHEREAS, the City of Corpus Christi desires to amend the City of Corpus Christi Code of Ordinances Chapter 35, Oil and Gas Division, by increasing fees; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances of the City of Corpus Christi is amended by amending Sec. 35-81, Application for permit required, fee; Sec. 35-87, Permits for production structures or facilities in marine areas and and on state tracts (7); Sec. 35-88, Seismic Surveys; and Sec. 35-117, Annual well inspections, fee, to read as follows: Sec. 35-82. Application for permit required; fee. No permit shall be issued except upon application by the owner or owners of the property right to which the permit relates. No applicant shall apply for more than one permit and no permit shall cover more than one subject matter. All applications for permits shall be in the form prescribed and shall contain the information and exhibits required by this chapter. All applications for permits shall be signed and sworn to before a notary public by the applicant or some representative of the applicant having due and legal authority to enter into contracts binding upon the applicant. All applications for permits to drill a well shall be accompanied by a filing fee of - - - - - - - -- et . et one thousand dollars ($1,000.001. When the superintendent fmds that the application has been properly submitted and is ready for processing in accordance with section 35-83, then the aforementioned filing fees will be deposited to the city's account. No refund is thereafter available to the applicant except in cases where the permit is denied, in which event one two hundred dollars ($100.00) ($200.00) will be retained by the city as a service charge and the balance refunded to the applicant. AG\97\5000.261.1a Alt:k ILMED Sec. 35-87. Permits for production structures or facilities in marine areas and on state tracts. All applications for permit to construct and maintain a production structure or facility shall be processed by the same manner described in sections 35-85 and 35-86 of this chapter and shall include the following: (1) The names of all parties who will own an interest in the production structure or facility; (2) The proposed location of the structure or facility; (3) Insurance certificate and bond or indemnity agreement as provided in section 35-80 except that only the insurance endorsements pertinent to the type of installation shall be required; (4) Drawings or blueprints accurately reflecting the dimensions of structures or facilities, and equipment to be installed; (5) A statement as to the purpose of the structure or facility and the activities to be carried out thereon; (6) In marine recreation areas: (a) An agreement by the applicant that it will take and handle on fair and reasonable terms at such production platform or facility all hydrocarbon production brought to such platform or facility from any well having a surface location within a radius of three (3) miles from such platform or facility; (b) An agreement by the applicant that it will treat all lessees within the three-mile radius of such production platform or facility in as equal a manner as possible; that in the event production is submitted for handling at such platform or facility in greater value or of differing quality than the facilities are capable of handling, or should separate facilities be required for marketing purposes, the applicant will install, or permit other lessees to install, additional facilities thereon ( including enlargement of dimensions if necessary) so as to provide for the handling of all production brought to such platform or facility; and (c) An agreement by the applicant that in the event it is unable to reach an agreement with any other lessee desiring to have production handled at such production platform or facility as to fair and reasonable terms for handling such production or for the enlargement of such platform or facilities, then the applicant will be willing to submit such dispute to arbitration under the rules of the American Arbitration Association and be bound by any decision rendered thereunder. (7) A filing fee in the amount of ... .. e e e e one -thousand dollars ($1.000.00). Where a permit application is denied by council action,one AG\97\5000.261.la 2 two hundred dollars ($100.00) ($200.00) will be retained by the city as a service charge and the balance refunded to the applicant. (8) A statement by the applicant relieving the city of any liability for damages which may result from the construction or existence of such production structure or facility. Sec. 35-88. Seismic surveys. No geophysical work will be permitted except upon proper application and the payment of a e e. e e one -thousand dollar ($1.000.00) application fee. A proper application will include the following: (1) Letter of application requesting a geophysical permit. The letter shall set out the system to be employed, when it is intended to begin the work, and also the anticipated date of completion. A statement shall also be made relieving the city of any liability for damages which may result from that operation performed by the applicant. (2) The letter of application shall be accompanied by a certificate of comprehensive general liability insurance in amounts and with endorsements as may be determined by the superintendent to be commensurate with the survey type and location applied for. (3) A plat outlining the areas proposed to be covered by the survey. (4) The term of a seismic permit shall be for three (3) months. The superintendent may grant one extension of time for an additional three (3) months for cause. When the above is properly submitted, the superintendent may issue a permit to the applicant to conduct such seismic or geophysical work, if by his determination, this work will not create a public nuisance nor be contrary to the public safety. The determination shall include the consideration of the following factors: (a) The location of the point relative to surrounding improvements, pipelines, wells; (b) The quantity and nature of the proposed seismic survey to be used in implementing the exploration; (c) The pendency of other activities at and adjacent to the point of exploration. AG\97\5000.261.1a 3 Sec. 35-117. Annual well inspections, fee. There is hereby levied an annual inspection fee of one -hundred dollars ($100.001 for every land well and ($150.00) two -hundred dollars ($200.001 for every marine area well that has been spudded but not plugged and abandoned on January 1 of each year and for which a permit is required by this chapter, which shall be due and payable during the month of January each calendar year, and a failure to pay such fee shall be cause for revocation of any permit issued under this chapter. The superintendent will prepare an annual well inspection report which shall be submitted to the operators prior to January 1 of each year. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 3. This ordinance becomes effective August 1, 1997. AG\97\5000.261.1a 4 That the foregoin the,414 day of ordinance was read for the first time and passed to its second reading on this , 1997, by the following vote: Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols Loyd Neal Jaime Capelo Melody Cooper Alex L.Garcia, Jr. Arnold Gonzales mr Ththe foregoing ordinance was read for the second time and passed finally on this the AG//day of , 1997, by the following vote: Loyd Neal Jaime Capelo Melody Cooper Alex L. Garcia, Jr. Arnold Gonzales !!,, PASSED AND APPROVED, this theN fh day o ATT . T: Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols Armando Chapa, City S retary , 1997. THE CITY OF CORPOS CHRISTI LAL FORM APPROVED /4 c itsk,A / , 1997: JAMES R. BRAY, JR., CITY ATTORNEY Et iAtafaiA) Alison GallawaaaajSyy, Assistant City Atto y AG\97\5000.261.1a 5 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 1490745 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patrick', Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 023020 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on 4TH day(s) of AUGUST, 1997. ONE (11 Time(s)cat �� $50.44 *N\E HARltozar'�.. Caller -Times, Yr 1.a • OF NO. 023020 mending the City Code of O ee DMsioChaPtr 35 Oa old Well Division to Inc in the Following ermit Required, Fee; S 35-82, n for -87, Permits for Prodsoypn urea or Facilimes in Ma - Areas and on State Tracts and Section 35-88, Seo. Surveys, to Increase the fees for drilling oil and wells; Section 35-117, An- al Well Inspections, Fe.; rid provMir p tq severrgs; • Providingg for an etfacllve. _.- of Auguttt 1, 1997. This *... mance was passed the Clty o1Corrpus Chritath on 29th day of July, 1987. /s/Armando Chap., Ci ofco. Secres Chfarld c 4 Vice -President and Chief Financial Officer Subscribed and sworn to before me this 5TH %'-7(s) of AUGUST, 1997. 1997 Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01. J