HomeMy WebLinkAboutO-1945-315
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Seotion 1. The word "personu wherever used in this orcL-
inane. means and includes any natur81 person, corporation, assoc..
iation, partnership, receiver, trustee, guardian, executor, ad-
ministrator and fiduciary or representative of any kind.
Section 2. It shall be unlawful for any person to dri:Ll
or COWAonce to drill a well for oil or gas within the limits of
the Oity of La Porte, ~exas, or to work upon or assist in any wa:r
in the proeecu.tion of the drilling of a131 such well withou.t a pelt'-
mit for tb.. drilling, completion and operation of such well havil1g
been first issued by authority ot the Oi ty Oouncil of the Oi ty o:t
La Porte, Texas, in acoordance with the provisions of this ordinanc~.
Section 3. The drilling, oompletion and operation of
only one well for oil or gas may be authorized by permit-as here:Ln
provided, on &nydrilllng blook comprising ~lproximatell twenty (:20)
acres and not less than eighteen (18) acres; and it shall be unl:EJ,w-
ful to drill more than one well on each such block; provided, h~l-
ever, that in the event a well is lost or abandoned as a dry holle,
the permit.e may relooate the well on the drilling block inTolve'd
and drill and complete suoh relocated well under the permit for
the fir.t well by filing a plat and certificate showing the aband-
onment of the first well and the location of the e econd well.
Section 4. It sh811 be unlawful to drill any well for
oil or gas wi thin any of the streets or alleys of the Oi ty of La
Porte, Texas, or to block or encumber or close up IDY etreet or
alley in any drl1ling or producing operaticn. except by 8pecllal
permit by order of the City Counoll, and then only temporarily.
Section 6. In the event an applioation for a permit f'or
the drilling, oompletion and operation of a well for 011 or gas
shall be made by any person not owning or not holding oil and gas
ORDINANCE' NO. 311
AN ORDINANCE REGULATING THE DRILLING, COMPLETION AND
'PEBATIOIf OJ' OIL AND G.hS WELLS WIfRIN THE LIMITS OF THE 'CITY OF
A PORTE, TEXAS, AND PROVIDING FOR THE PUBLIC S.AJ1ETY IN COlflRlCTIOlf
THEREWITH, PROVIDIlfG A PElf,ALTY FOR VIOLA,TIOB AND DECLARING All
,RGENOY.
BE IT ORDAINED BY THE CITY CaUBOIL OF fBE'CITY' OP IA PC>RT1-'
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lease. or drilling contracts from tne owners of all 101;s, blockEI
o.or parcele of land included Gn or emb>>aced wi tnln a drilling blctc]c,
a permit shall be iS8ued to sucn applicant, hi. hetts, 8uccessox's
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and assigns only upon the following oonditions ~n addition to St~~
other conditions as may be provided in otber sections of this ol'd-
inance, to.wi t: The applicant shall be free to enter into 8uo11 con-
traots and agreements with the owners of such other lote, blocks
or traots as he may be able to make. If agreements are not reaohed
with all owners of lots, tracts and blocks within tne drilling
blook, then tne owner or owners of any given lot or lots, blook or
blooks, tract or treats ahall bave the right to~tioo by notioe to
the permitee given in writing within thirty (30) d.,s~er the
i8suanc. of a permit for a well on the drilling block involved,
ei ther (l) to treat his interest as a working interest and contr:Lbulte
towar4 tne aotual oost and expense of drilling, completing and
ope,rating said well with all neoessary appurtenances ourrently e.l.ob.
month in the proportion t~at tne number of .quare :teet in area o",'n.
by him in the drilling block, and th.ereupon receive the same pro..
portion of tne oil produced and saved from such well or i t8 ValUE.
at tne well at the option of the permittee and a like proportion
of natural gas produoed, saved and utilized or 801d, or the ValUEI
of same at the well at the option of the. permi tt..; or (2) to trElat
his interest as a royalty interest and reoeive, d'livered free 01~
cost in the pipe line to which the well may be connected, a snarel
ot 811 oil produced and saved from such well equal to one-eighth
~(~) of the proportion of the whole quantity of oil so prOduced
and saved that the number of square feet in the area owned by him
be~s to the number of square feet in such. drilling blook, or at
the election of permittee to reoeive suoh proportion of the v8l~e
at the well of the oil 80 produced, and to receive a like pro-
porti on of the gas and oasinghead gas produoed, saved and utilizel:i
or sold, ar at the eleotion of permittee the value at the well of
Blch proportion of gas or casinghead gas prOduced, saved and uti-
lized or sold. If any owner does not exercise the right and optic)
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Seotion 6. In case there should be filed with the O~.t1
Secretary and pending at the same time applioations for permit.!
to drill on aar single drilling blook within the limits of the
Cl ty made by more than one applioant, th.at application shall bf9
granted, if otherwise suffioient, whioh shall be made by the
person holding the greater a rea of ground w1 thin the drilling
blook by ownership in fee or by lease or other contract authori.i,g
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above provided. the obligation shall then be upon the permittee,
hie heir., suocessors and aS8igns, to make 8$ttlement with IUch
owner on the terms provided in Option 2 above, providing for the p
ment of a one-eight (l/S) royalt,. Jf the owner of a lot or lotEl,
block or blocks, tract or tracts shall exercise Option 1 above mld
treat his interest as a working interest, as therein1l'OTided, ,thct
permi tt.. sball be enti tlea to reimburse himself for suoh owner',!
proportio nate part of the oosts out of such owner' 8 proportionat.e
part of the oil. ga8 and casinghead gas or the value thereof be-
fore making deliveries of products or settlement for the Talue
thereof. It option 1 il exercised by the owner of any lot or lots
block or blooks, traot or tracts, BUch. owner shall. within the I~
time provided for notice of hie eleotion above set forth, file
with the City Clerk a bond or other obligation executed by such owrer
as prinoipal and by an authori~ed mrety oorapar.t1' as surety. in lIlhi h
suoh pr1noipal and surety agree, bind and obligate themselves t(~
pay to the permittee, bis heirs, eucoe~sor8and8S8ignS currentl~r .~ctl
month that pzoport1on of the aotual and necessary oosts and ex-
penses involved in the drilling, completion and operation of su.~h
well that the number of .quare feet embraoed within the lot or
lots. blook or blooks, traot or tracts of suoh owner bears to the
total aomber of square feet in such drilling blook, s uoh. bond to
be approved by the KaJar and held by the Oity Olerk for the benef.i
of the benefioiaries therein. Permits shall be issued in all euo
oases upon the oondition that the permittee, his heirs, sucoessor
and SBsigns ahall make settl Em'Jlt in accordance with the provieiiods
hereof.
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the drilling and <IIorati on on land for oil or gas.
II Section 7. ITer1 8.Ppllcation :for a permit to drill, com..
plete and operate a well tor 011 or gas shall be in writing, signed
by tbe applicant or by some person duly authorized to aign aame on
his behalf. It shall be filed with the Oit, Clerk and accompanied
with a deposit of One Thousand Dollars ($1000.00) oash as a tee to
the City. The applioation shall state the drilling block, end the
particular lot and location in the block where the proposed well
is to be looated, and shall have attached to it oertified photos-
tatio oopies of the deed, oil and gas lease or drilling contraot
with the owners of land covering the lot, blook or traots in said
drilling block over wbioh applioant has control for 011 and gaa
or .~ertiflcates of title eatisfaotory to the Oity Counoil, to the
end that the application will show what proportion and what parts
of the drilling block the applioant owns in tee or holds under
lease or drilling contract from the owners. !he applies t mq
withdraw the abstraots or certifioates of title after they have
been examlned by the Oity Counoil. The applioation shall also, be
aooompanied by a plat or map ot the drilling blook, ehowing the
de8ignation of the 10t8, blooks or tracts owned 8r oontrolled by
~ the applioant and showing the exaot looation of the proposed 1'1 ell,
whiah looation shall be as nearly as praoticable in the oenter of
the drill,lng blook. The applioation shall also be acoompanied b~r
wo C~) dDJ.y executed ""pnds, e.oh given by the applioant as prin..
'. oipal and a sarety oompan, authoriBed to do buainess in the Statle
of ~exaa &S Buret,. One of tb.eee bonds shall rlln to the Oity ot
La Porte, ~exas, for the benefit of the 01ty and all persons, t1,r~,
and oo~oration concerned, condit10ned that if the permit be grant
ed and it drilling operations be oommenoed thereunder, the appli-
cant and his assigns Will oomply with the terms and oonditione of
II this ordinanoe in the drilling and operation of a well; that the,
applioant will restore the streets and sidewalks and other publJ.o
places of the City whicb. may be di8tA~ed 1n the operations to the1r
tormer ,condition will olear the blook fln4 lots of $11 litter,
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I' provided tbat in 11ell of any eurety bond or bonds required to be
contracts with or waivers from the owners authGriling operations'
for the development and production of oil or gas. It is specifice~ly
applioant in fee or covering which he has leases from or drilling
total area of the drllling block and the total area owned by the
reduced by an amount in propoztion to the difference between the
oil and gas in accordance with the provisions of this ordinance.
This bond shall be in the sum of ~wenty ~b.ousa.nd Dollars ct20,OOO.IDO);
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provided, however, that thesum of the bond shall be automatically
of liability thereunder leases, drillingcontraots, waiver or other
form of contraot under which the applloant or his assigns is or
are authorized to operate the premises of said owner for the de-
velopment and production of oil and gas, and shall be conditioned
upon the sett)ment or paJment by the applicant or his assigns for
from fire or from oil, gss or water caused by or originating from
the operations oonneoted with suoh well. Suoh bond shall be in the
I; sum of Twenty-Five Thousand >>ollars ($25,000.00); proTided, however,
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!' that if within thirty (30) days aft er t he drilling and completi on
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r of said well no olaims have been presented against the applioant or'
:: his asoigns under tbe terms and conditions of sl1ch bon~. then the
: sum of same shall be antomatioally reduced to Five Thousand Doll81'~
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La Porte, Texas, for the benefit of all persons, firms or corporations
owning lots, blocks o~ tracks of land in said drilling blook who
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have not executed at the time of the fillng of such bond or who shall
not execute during the term of said bond and prior to t~e accrual
The other bond above provided for shall run to the Cit~70f
suffered by ~ persoD or oorporation as to property in the City
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; machinery, derri cks and bllildinga erect ed or used in the i rilllng
I' or operation of laid well whenever the well shell be abandoned or t,he
;, operat ion thereof di800n tinua4; 8J d that the appli08l1 t or his assign.s
r will p~ any and all damages recov~rable at law against him or them
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Ordinanoe No.
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i' aoting under and pursuant to the terms and provisions af AN ORDII;'. '
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I! AlOE REGULATING THE LIMITS OF THE. CITY Of LA POBTE. TEXAS. AND
PROVIDING FOR THE PUBLIC SA!'ETY IN CONNECTION THERE-with, being
"Natice is hereby given that
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i; of time prescribed. Suoh notioe shall state the lot and black nwn'"
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.1 ber an which the applioant is asking far a permit ta drill and the
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:i date and place af hearing. and shall be in words and figures as
,: fallows:
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lished at the cast of the applicant in every issue
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r paper af the Oi ty of La Porte, !Cexas, far ten (lO) days }rioX' to thE~
. date of such hearing. Ii the offioial paper be publ~"hed weekly, ...'
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/: the publication shall be made in ane issue thereof far the periad
ed to the last known address of such land and lease owners if know~
ta the applicant; and a oOPY af such natice shall likewise be pub-
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af the official !
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drilling blook not owned by or under lease to the applicant, address-
::the applioant or his assigns attaohed to a oOPY af the written
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;:undertaking far which they are ta be held as security.
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1/ Seotion 8. Natice af the filing of each application far
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,permit shall be giTen by the applioant as fallaws: At least ten
lIdO) days priar to the date af hearing an the a.pplblcation, a cap1 of!
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'I notice in the form hereinafter prescribed shall be sent by registere1d
ji mail to eaoh owner and lessee af lots, blocks and tracts in said
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!Isecuri ties af the state af Texas or of oannties or munioipali ties
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jlin the liiate of Texas, having a par Talue equal to the amount of the
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"suret, bond or bonde in lleJjl of which such undertaking at" under-
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!~t8kings ie 131' are g1 vent which seouri ties shell be depasl tei\' in
:Iescrow In anational bank jointly selected by the Oit1 Seoreta17 and
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~iven hereunder the applioant m., file with the 01ty Secretar7 his
rerSOnal undertaking or undertakinss, which ehall be 1n the same
I"amount and shall contain the same oanditione as herelabefore pra- I
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:1"ided with respeot to surety bands and whioh undertaking or undertak-
l!irlgS Shall be secured by trnited states Goyernment securities or
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:time during which, the notice was published, and an. affidavi t oj~
:the applicant who.ing the date and to whom and the addresses to
~.hiCh the notice Was mailed by the applicant, and proof that such
i:addresses are the last fICldresses of the per80ns involved known tiO
the applicant.
It the time fixed in said notice a hearing on such app-
illication shall beheld in the office of the Oi ty Secretary.
:1 SeoS/lon. 9. !l!he eity Oouncil shall have the pwwer, and
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:ireserves the authority, to refuse any application for a permit when:
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I by reason of the location of the proposed well and the character'
and value of the permanent improvements already erected on the
drilling block in question or adjacent thereto, end the use to
I:which the land and surroundings are adapted .for oi vie purposes, or
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1! fo 1" sanitary reasons, the drilling of an oil or gas well will be a
serious disadvantage to either the health, safety, morals or welfare
of the City and its inhabit~nts; but when a permit shall be refused
for any of these reasons, 'but not otherwise. the deposit in ee.sh
!: as a fee made with 'the application shall be returned. to the app'.
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licant. ~oept as hereinbefore provided. if an application be
found by the City Oouncil to comply in all respects with the terJu
of this ordinanoe. the City Olerk shall be authorized to iSBue a
'I permi t for the drilling. completion and operation of the well ap]~.
1:1ied for. ~he granting and issuance of a permit for a well on a
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:'2:iling wi th the City 8earetary an affidavit of the printer or ptLb-
e . :lisher of the paper in whioh the notice is publisheCl oontaining a
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I!OOP7 of the notice and stating the issue in which, and period o:f!
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, on the _day of , 19__.
M". Proof of such notice shall be made by the applic ani; by.
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:~9_, :tile with the Oi tySecretar1 of the 01 ty of La Porte an iapp-
Ilicatlon for a permit to drill a well for 011 and/or gas upon Llot
rOo , Bloak Ie. , La Porte f...nsite, in Dzill1ng
':Distriot lIo. . as define';: by O:rt\inanoe No. . A
hearing upon such application will be held in the office of the
'(Jity Secretary of the City of La Parte, Texas. at
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!: as in t his section provided, or if and when the permittee or his
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~! asslgns shall file wi th the Oi ty C ouneil written notioe of his or
:' their election to surrender his or their permit and abandon the
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:/ premiaee oovered thereby, then, if no olaims under the bond or
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bonds, undertaking or undertakings ehall have been tiled within
thi~ (30) d~s, the City Seoretary shall return the bond or bo~ds.
undertaking or undertakings and/or seourity or seourities thereto-,
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il fOre furnished by the perm:1:tteein conneotion with suoh permit;
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i and if olaims are filed wi thin such time, upon the satisfaotion or
j! defeat of such claims such bond or bonds, undertaking and/or aeouri ty
or securitles shall thereupon be returned to th.permittee or his
If and when any permit shall terminate a.nd become inoperatj.le
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ing of th e well shall have been commenced; and after the d rilling o.:f~
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'; the well shall have commenced, the cessation of drilling operations
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' prior to the completion of the well for a periOd of six C 6) months I
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shall operate to terminate and cancel the pel~it and the well shall
be oonsidered as a~andoned for ~~ purposes of this ordinanoe and
it shall be unlawful thereafter to oontinue the oper4tion 0:' cl2ti3Jl-i
I ing ot suoh well without the issuance of another permit; provided ;
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II that if. aid well shall be oompleted as a prOducer and shall there'~
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!! after cease to produoe the permittee shall have the right to condu4t
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i: deepening or reworking operat ions on said well wi thin six C 6) monttbw
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' after cessation of production without having to prooure a new lic- ,
/; a permi t shall have been issued, the same shall terminate and be-
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;, come inoperative without any action on the part of the City Council
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;; unless wi thin ninety C 90) days from the date of issue actual drill-
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1: drilling of a well 1Jxcept upon ground owned by the applicant or
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I' by him under oil and gas lease or drilling contract tram the
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II giving the owner's permission or authority to drill the well; and when
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No permit shall be granted or iSBaed for
Seotion 10.
:! drilling blOck as provided in this ordinance shall au~omatica11y
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1; operate as a rejecition anddenial of all other pending: applioation
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I, or applications for a well or wells apon the drilling block invol" I
!: ved, or 8D.y portion or portions thereof.
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gas tight and provided with proper gas vents.
(h) No forge or open light shall be placed inside the
of a well showing oil or gas.
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ii ALLOWED," or similar words, shall be posted in oonspicuous places
;: on eaoh producing drilling Wlit.
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j: (e) All permittees' premises shall be kept clear of hinh:
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:i grass, weeds and combustible trash, with.in a radius of one hundrecl
!i (100) feet around an oil tank, tanks or producing wells.
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Open earth.en storage for eil is prohibited.
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All oil tanks, where there is a gas hazard, shall
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( 0 ) No field wo rking tank haTing a capaoi ty of t en thou'.'
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!i sand (10,000) berrels or more shall hereafter be built nearer tnan )
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"two hundred (200) feet (measured from shell to shell) to any other:
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,: like tank or tanks.
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"DAB GERO OS , NO SMOKING
Printed signs reading:
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:'oil tank of any size,' snall hereafter be placed nearer than one
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:,hundred fifty (150) feet to any 4erriot, rig, building, power plant,;
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:: or boiler of any descri,tion.
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(b) No flow tank, Wlless it is entirely buried, or otherl
;;or battery of tanks.
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::surrounded by a dike or ditch of at least the capaoity of the tack
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i;observe 8sme Shall be unlawful, to-wit:
(a) All permanent oil tanks or battery ot tanks must be
'or his assigns must observe the following rules, and the failure to.
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Seotion l2. In operations under a permit the permittee
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privileges with respect thereto.
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Section ll. Neither tbis ordinance nor any permit issued
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:'hereunder shall be interpreted to grant any right or lioense to the.
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;permittee to enter upon or occupy in any respect in drilling or pro-
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::d uction operati ons, any land except by the written consent of the
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':owneri nor sball i t limit o,r prevent the free right of any lot owner
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i:to contract for the amount of royalty to be paid with. respect to hie
liow.n land or other consideration therefor, or for damages, rights or i
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l~sBigns .
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!: hazard shall be removed to a distance of at least one hund.ed
ii (lOO) feet from the vioinity of wells, tanks and p11Dlp stations.
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:1 All waste shall be burned or disposed of in such manner as to aVCti~
creating a fire hazard or poluting streams or fresh water strat'.... !
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:1 placed or remain nearer than one hundred fifty (l50) feet to any
I; producing well or oil tank.
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Any rubbish or debris that might constlnte a fire
No boiler or eleotric lighting generator shall be
at the surface.
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;; nections for keeping the well under control at all times shall be
installed as soon as surface caSing is set. The blow-out prevente:r
r on the second string shall be tested against pump pressure at least,
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;i onoe every twenty-four (24) hours. All oontrol equipment sb.a1.l be
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in good working order and oondi 'Cion at all times.
(n) All wells shall be equipped with a Bra4enhead with
a worktng pressure of not less than two thoul~d (2,000) poundS per
square inca. The Bradenhead shall not be weldea;~and the same sh.~l
be equipped with the proper pipe connection and valve accessible
:land power shaJ.l be installed in congested drilling areas.
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'; 'l) A minimwn of nine hundred (900) fee" of surface cas-
iling shall be set and cemented with suffioient cement to fill the
Ii annu1ar space back of the casing to the surface. Cementing shall be
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',by the pump and plug method. Cement shall be allowed to stand a
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liminimum of forty-eight (48) hours before drilling the plug. The
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!;positiGln of the oil horizon shall be determined by coring or test-
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I, ing and the prodlcing string swung and cemented at the top thereof,.
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A blow-out preventer, control head and other oon-
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(~) Wherever available and practicable, electric light
':publio road or higb.way must be buried to a reasonable safe depth.
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All oil and gas pipe lines )Bid upon or acrOBS a
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:'8Oy producing well.
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,:ing fire and must not bt3 Bet nearer than one hundred (100) feet to
Boilers must be equipped with eteamiines for fight-
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Mayor of the Oity or La Porte, fcEii,
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D. 1945.
Passed and approved this the
; imperative public necessity that the rule requiring Ordinances 1:;0
il be read at t bree several meetings be suspended snd this Ordinanc,e
~ ... 81<8.; e:f1' oct an4 be info 1'0 e :from ana. aft e1' its p 888 age and app1'o"'~.
II and it is so ordained.
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Section 16. That an emergency exists oonstituting an
il Section l4. A.ny and all ordinances of the Oi ty which are
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II Inoonflict with any of the terms of this ordinance be and the seme
I! are to the extent of the conflict hereby repealed.
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II Section 15. If any part of this ordinance or any req\j~ir.e-
:1 ment thereunder shall be held by a court of competent jurisdict.ii,ou.
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:! such invalidity shall not affect the validity of any other part or!
:1 other requirement herein.
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:1 ( q) 411 well b..ao.s. pits alll!. tallk batteries sb.all be
;: adequately protected wi th IIman-proof" fenCing.
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;; Secti on l3. Any vielation of a.Il3' of t he terms of this
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:, ordinance, whether herein denominated as un1awft1l or not, shall bo
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:: deemed e. m1sdemeanor.. ,and any person oonvicted of a~ suoh viols,tion
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;, shall be fined in the sum not exoeeding One Hundred Dollars C$lCiOoOO);
II atJd any natural person so convicted shall be oommi tted to jail t1.ntil
:i such fine and the 8081;s are paid. Each day of the continuance of
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II such violation shall be considered a separate offense and be pUll.1ailed
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II separately; and a~ person, ,agent or employee engaged in any 8uc,h
il violat10n shall on conviction be so p~nished therefor.
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