HomeMy WebLinkAbout023918 ORD - 01/18/2000AN ORDINANCE
AMENDING THE CITY CODE OF ORDINANCES CHAPTER 35, OIL AND
GAS WELL DIVISION TO INCREASE FEES 1N THE FOLLOWING
SECTIONS: "35-82, THE FILING FEE IS INCREASED FROM ONE
THOUSAND DOLLARS ($1,000.00) TO ONE THOUSAND FIVE HUNDRED
DOLLARS ($1,500.00); 35-87 (7) THE FILING FEE IS INCREASED FROM
ONE THOUSAND DOLLARS ($1,000.00) TO ONE THOUSAND FIVE
HUNDRED DOLLARS ($1,500.00); 35-88, THE APPLICATION FEE IS
INCREASED FROM ONE THOUSAND DOLLARS ($1,000.00) TO ONE
THOUSAND FIVE HUNDRED DOLLARS ($1,500.00); 35-117, ANNUAL
INSPECTION FEE FOR EVERY LAND WELL IS INCREASED FROM ONE
HUNDRED DOLLARS ($100.00) TO TWO HUNDRED DOLLARS ($200.00),
AND FOR EVERY MARINE AREA WELL FROM TWO HUNDRED
DOLLARS ($200.00) TO THREE HUNDRED FIFTY DOLLARS ($350.00),"
PROVIDING FOR SEVERANCE; AND PROVIDING FOR AN EFFECTIVE
DATE OF FEBRUARY 1, 2000.
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. 35-82, Application for permit required, fee; Sec. 35-87, Permits for production
structures or facilities in marine areas 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 per,nit 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 c, nc
"-~,,,, ...... ,~o,~,,~ ,~,,,,J-"---,~ o ~,,,, ...... / one thousand five hundred dollars ($1,500.00).
When the superintendent finds 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
H:~EG-Dm\SH~A~OHN\O~ANC\002JPB.O~ a23918
which event two hundred dollars ($200.00) will be retained by the city as a service
charge and the balance refunded to the applicant.
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 carded 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 roles of the American
Arbitration Association and be bound by any decision rendered thereunder.
(7) A filing fee in the amount of c~n¢ thousand dollars ($I,888.00) one-thousand
five hundred dollars ($1,500.00). Where a permit application is denied by council
action, two hundred dollars ($200.00) will be retained by the city as a service charge
and the balance refunded to the applicant.
(8) A statement by the applicant relieving the city of any liability for damages
which may result from the construction or existence of such production structure or
facility.
Sec. 35-88. Seismic surveys.
No geophysical work will be permitted except upon proper application and the
payment of a c~nc th,~usa~nd dollars ($I ,80~.~0) one-thousand five hundred dollars
($1,500.00) 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;
H:\LEG-D1R\ S HiNDA~JOITN~ORDINANC\002 JPB .ORD
(c) The pendency of other activities at and adjacent to the point of exploration.
Sec. 35-117. Annual well inspections, fee.
There is hereby levied an annual inspection fee of6n¢-hundrcd d611ar3 l,, ^~ ~
two-hundred dollars ($200.00) for every land well, and ..... ~.._~__~ ~_,,A__
($2¢¢.00) three-hundred fifty dollars ($350.00) 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 Coar~cil 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 February 1, 2000.
1Tt~,t the for(:g.o, i, ng ordinan~e~w~a~ read for the first time and passed to its second reading on this the
~ Day of .~~y the following vote:
Samuel L. Neal, Jr. (J~ff.~ Rex A. Kinnison
Javier D. Colmenero ~ ~ Betty Jean Longoria
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
John Longoria
Mark Scott
That the foregoing ordinance,was read for the second time and passed finally on this the __
of ~LlxO~. 4a~¢~e following vote:
Samuel L. Neal, Jr. _/
Dr. Arnold Gonzales {~k~tA(~
PASSED AND APPROVED this the ~ Day
Javier D. Colmenero
Melody Cooper
Henry Garrett
ATTEST:
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
Arm~cretary
Samuel L. Neal, Jr., Mayor/
LEGAL FORM APPROVED~j
By:
,2000; JAMES R. BRAY, JR., CITY ATTORNEY
Burke, Assistant Ci~-Attorney
02.3915
City of
_ Corpu~
= Chnstl
Legal Department
Memorandum
To: Armando Chapa, City Secretary
From:
Mary Kay Fischer. City Attorney }111 ('1 !Jz.jJ"~
July 18 2006
Date:
Subject
Corrected Ordinance Section 35-88; Seismic Surveys
As you recall, Section 35-88, entitled "Seismic Survey" was amended in Ordinance
#023665 on June 8. 1999.
Thereafter, on Ordinance # 023918 amended this section by increasing fees. There
was also language inserted in this Ordinance that incorrectly reflected what was thought
to be the contents of the "current" Ordinance, since it was not underlined to indicate it
was to be new ordinance provisions.
Upon review of the legislative history and the agenda documents that were provided to
the City Council, it was clear that the fee increases were the only intended changes to
be made. There was no reference to changing the appeal process which was
established in the 1999 Ordinance.
For the reasons stated above, it is my opinion that it was the intent of the City Council to
on" amend the fees in Chapter 35. Oil and Gas Well Division, Section 35-88.
The attached document reflects the corrected contents of Ordinance Section 35-88.
Seismic Surveys.
Please let me know if you have any questions or need further assistance from me.
-
Sec. 35-88. Seismic surveys.
{g} No geophysical work will be permitted except upon proper application and the
payment of a one thousand five hundred dollars ($1,500.00) 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.
(Q} When the above is properly submitted, the superintendent. after obtaining the
recommendation of the committee. 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 be in
writing and shall include the consideration of the following factors:
(a1) The location of the point relative to surrounding improvements, pipelines,
wells;
(92) The quantity and nature of the proposed seismic survey to be used in
implementing the exploration;
(63) The pendency of other activities at and adjacent to the point of exploration.
(g} The determination of the superintendent may be appealed to the city council in
accordance with this subsection.
ill The appeal may be brought by the applicant or by an affected person. An
"affected person" for purposes of this section is one who appeared at the
committee hearing and who. as a result of the proposed seismic activity. has
suffered or may suffer actual iniury or economic damaae other than as a
member of the general public.
....
~ The superintendent shall send written notice of the determination to the
applicant and to any affected person who provides their mailinq or fax
address to the superintendent prior to the determination.
Q1 An appeal shall be filed with the city secretary within 10 davs of the date of
written determination by the superintendent.
!.42 The city council shall hold a public hearina and render a decision within 30
days of the filina of an appeal. A two-thirds vote of the city council shall be
required to reverse a determination of the superintendent to arant a permit.
..........."..'.'-
PUBLISHER'S AFFIDAVIT
State of Texas
County of Nueces
SS:
CITY OF CORPUS CHRISTI
Ad # 3302694
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 Patricio, Victoria and Webb
Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE
NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-
Times and on the World Wide Web on the Caller-Times Interactive on the 24TH
TWO [2 ) Time(s)
$109.48
Vice-President and Chief Financial Officer
Subscribed and sworn to me on the date of
JANUARY 25, 2000.
Notary Public, Nueces County, Texas
CONNIE HARALSON
Print or Type Name of Notary Public
My commission expires on 5/14/01.
iOTICE OF PASSAGE
OF ORDINANCE NO.
023918
~.mending the City Code of
3
Ordinances Chapter 5.
Oil and Gas Well
Division to ir~rease fees
in the following sections:
"35-82, the filing toe is
increased from one
thousand dollars
($1,000.00) to one
thousand tive hundred
dollars ($1,500.00); 35-
87 (7) the tiling fee is
increased from one
thousand dollars
($1,000,00) to onell~
thousand five hundred
dollars ($1,500.00); 35-
88, the application fee is
increased from one
thousand dollars
($1,000) to one thousand
five hundred dollars
($1,500.00); 35-117.
Annual Inspection fee for
every land well is
increased from one
hundred dollars
($100.00) to two hundred
dollars ($200.00), and for
($200.00) to three
~Armar~o Chapa
, Oo hn~ti