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Home My WebLink About022762 ORD - 11/19/1996AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 35, OIL AND GAS WELLS, TO CORRECT THE COMMITTEE NAME, TO LIMIT APPLICATION OF THE CHAPTER TO OIL AND GAS WELLS OUTSIDE THE CITY THAT IMPACT RESIDENTS, AND TO RECOGNIZE THAT ENFORCEMENT OF ARTICLE VII IS NOT IN THE OIL AND GAS WELL DIVISION BUT IN THE CITY MANAGER; PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 35, Oil and Gas Wells is hereby amended as follows: Sec. 35-1. Purpose and scope. The City council recognizes that commercial oil and gas deposits underlie areas of the city and that there is a need to allow for the development of these natural resources in a manner that protects the health, safety and welfare of the public by establishing regulations pertinent to the exploration, drilling and production of hydrocarbons in a metropolitan environment. To this end, this chapter shall govern the exploration, drilling and production of hydrocarbons and matters incident thereto, including unitization, in all areas of the city, and for areas outside of the city shall apply. where only pertinent requirements for well locations and unitization; Sec. 35-3. Administrative enforcement and supervision. Administrative enforcement of the terms of Section 35-1 thru 35-145 of this chapter shall be by the oil and gas well division of the city. It shall be the duty of the superintendent to enforce the provisions of this chapter and to that end he his hereby vested with police authority. Sec. 35-12. "Oil and Gas Advisory bay drilling committee." The "Oil and Gas Advisory bay drillins committee" or the "committee" means the committee established in section 35-26. Sec. 35-26. Oil and Gas Advisory Bay -drilling committee --Membership; alternates; appointment. There is hereby continued as an advisory body to assist the city council in its function hereunder, the committee known as the Oil and Gas Advisory bay drilling committee, to exist until abolished by the council. The membership of this committee shall be composed of six (6) persons who are residents of the City of Corpus Christi, three (3) of whom shall be selected from among the general public not connected with the business of exploring or drilling for, or producing oil, gas and 2 02 MiUWUFILMED 2 other hydrocarbons, and three (3) of whom shall be selected from the oil and gas industry. In addition to the aforementioned six (6) persons, two (2) additional persons shall be made -part of the committee who shall serve as alternates. One person from the general public shall serve when a public member is absent and one from the industry shall serve whenever any industry member is absent. Whenever a public or industry alternate member replaces an absent member, then the alternate's presence and vote shall be the same as though he were a regular member. The public members shall be appointed by the mayor with the approval of the council, and the industry members shall be appointed by the mayor with the approval of the council from those persons nominated by the oil and gas industry as hereinafter provided. Not later than one month after occurrence of a vacancy in the position of such a member, any lessee may nominate one person from his or its own organization for the position of industry member of the committee. Such members of the committee shall be appointed from such nominees. In making such appointments, the mayor shall give due consideration to the extent of interest owned by each lessee making a nomination. In the event that no such nomination is submitted or, in the event no person so nominated is appointed and approved, the mayor shall appoint any person he deems suitable with the approval of the council to fill the position of industry member of the committee. Sec. 35-33. Same --Function, powers and duties. The Oil and Gas Advisory bay -drilling committee is hereby designated as an advisory agency of the council for all purposes stated or reasonably implied in this chapter. This committee shall make a continuing study of operations for the exploration, drilling, and production of oil, gas and minerals in the areas subject to this chapter, and the possible effect of same upon the environment, public health, safety and general welfare of the city, It shall make such reports and recommendations from time to time as it deems advisable to the council for the amendment and revision of this chapter and all other regulations pertaining to said activities. The committee shall have all of the powers and duties imposed upon it by any other provision of this chapter. Sec. 35-57. Marine recreation area, Gulf of Mexico. The marine recreation area in the Gulf of Mexico shall be that portion of the Gulf of Mexico that is within the city limits and is more than one mile seaward of the one and thirty-seven one hundredths (1.37) foot above mean sea level line along the eastern side of Padre Island and Mustang Island. (1) Within the marine recreational area, an approved well structure location shall be not less than two hundred fifty (250) feet of another well structure. (2) An exceptional well structure location shall be a structure located within two hundred fifty (250) feet of another well structure but not recommended by the Oil and Gas Advisory bay drilling committee after holding a public hearing to determine the impact on island utilization and development relative to the size and location of the structure applied for. (3) Within the marine recreational area, production platforms shall be prohibited unless 3 deemed necessary and shall be applied for and considered on an individual basis. Sec. 35-84. Routine processing of permit application in full compliance. Upon receipt of an application for a permit to drill and operate a well, the superintendent shall date and set up a file for this application and examine same for compliance with this chapter. If the application is for a regular location and structure in compliance with all requirements of the chapter, the superintendent shall notify the owners of the land surface listed in section 35-83 (a)(1) and the Oil and Gas Advisory bay drilling committee by mail of the application and publish a notice of the intention to grant such application and unless someone files a written protest in opposition to the granting within seven (7) days from date of publication. If the application is for regular location and structure in compliance with all provisions of this chapter, and no written protest in opposition to the granting of the permit, based on one or more of the grounds set forth in section 35-86 is filed, then the superintendent will, within ten (10) days after date of publication of notice, issue a permit. If a written protest in opposition to the application is filed within seven (7) days from the date of publication of the notice and the superintendent determines that the protest is not well founded, he will after three -days notice to the protestant, issue the permit unless the protestant, within said three (3) days files notice of appeal to the Oil and Gas Advisory bay -drilling committee and city council. In the event the superintendent has found cause to deny the permit or in the event of a written protest on grounds which are found to be sufficient by the superintendent, followed by the denial of the permit, the superintendent shall inform the applicant in writing of the reasons of such denial. The applicant may then rectify the reason for denial of the permit or appeal to the Oil and Gas Advisory bay -drilling committee and city council through the procedure described in section 35-85. 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 shall be given full force and effect for its purpose. That nth'e, foregoin ordinance was read for th first time and passed to its second reading on this the jgrn day of nv{m�j[� , 19 Yfr , by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols TlvtjAhe fore � o��in1g ordinance was read for the second time and passed finally on this the day of JflJYJt) , 19 , by the following vote: Mary Rhodes Betty Jean Longoria Dr. Jack Best John Longoria Betty Black Melody Cooper Tony Heldenfels /J PASSED AND APPROVED, this the /QMday of ATTEST: Edward A. Martin Dr. David McNichols I Armando Chapa, City Se 1etary fri)&nhU) , 1996. MA OR THE CITY OF CORPUS CHRISTI APPROVED THIS f DAY OF /l GU-c,nt,(ot{ , 1996: JAMES R. BRAY, JR., CITY ATTORNEY BY: 71, Lour* LA4 -City Attorney itlitanAl State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad #: 1003617 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 County and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 022762 AMENDING THE CODE OF ORDINANCES, CHAPTER 35, OIL AND GAS WELLS, TO CORRECT THE C which the annexed is a true copy, was published in the Corpus Christi Caller- • s on NOVEMBER 25, 1996. 1 Time(s) ' iC $40.70 v: SHV LPl'M�ry pig HAI? '% FrOf Vice -President and Chief Financial Officer Subscribed and sworn to before me on December 2, 1996 . Notary Public, Nueces County, Texas * = CONNIE HARALSON •._„ .• : ; Print or Type Name of Notary Public "4532-.016;1 32TP 813 816ltrumssionexpires on5/14/97. 4p0211#229 m2Po�T 4q 6 8Et°igii: ;i5 a 8 Ep NjdO0E OO� ;Q G��.Y O1Nm0 �jm I ioag�em5a �$F=WciQ>