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HomeMy WebLinkAboutO-1989-1659 . . ORDINANCE NO. 1659 AN ORDINANCE AMENDING CHAPTER 16, OIL AND GAS WELLS, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE: CONTAINING A SEVERABILITY CLAUSE: PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND SHALL, UPON CONVICTION, BE FINED IN ANY SUM NOT TO EXCEED $200.00: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW: AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 16, "Oil And Gas Wells" of the Code of Ordinances of the City of La Porte is hereby amended to read as follows, to-wit: SECTION 16-1: DEFINITIONS For the purpose of this chapter, and for all purposes under this chapter, the following words and terms wherever and whenever used or appearing in this section shall have the scope and meaning hereinafter defined and set out in connection with each. All technical or oil and, gas industry words and phrases used herein and not specifically defined herein shall have that meaning customarily attributable thereto by prudent operators in the oil and gas industry. (1) Person shall include both the singular and the plural: and shall mean and include any person, individual, firm, partnership, association, corporation, club, society, cooperative, trust, municipal corporation, or political subdivision whatsoever (2) Well shall include and mean any hole or holes, bore or bores, to any sand, any formation, strata or depth for the purpose of producing and recovering any oil, or gas, salt water injection: gas injection or enhanced recovery injection project. (3) New Well Permittee shall mean the person to whom is issued a permit for the drilling and operation of a new well under this section, and his or its administrators, executors, heirs, successors, and assigns. (4) Old Well Permittee shall mean the person to whom is issued a permit for the redrilling, working-over, recompletion, and reoperation of an old or existing well under this section, and his or its administrators, executors, heirs, successors, and assigns. (5) Permittee shall include both an "old well permittee" and a "new well permittee". (6) Lease as the term is used herein shall mean any ,tract of land subject to an oil, gas, and mineral lease or other oil and gas development contract, or any unit composed of several tracts and leases but operated as one (1) lease, and any tract of land in which the minerals are owned by an operator or someone holding under it or him, but which, due to the fee royalty ownership is developed and operated as a separate tract. (7) Block as that term is used herein shall not be misconstrued to mean drilling block, but block of land only. (8) Actual Drilling shall have commenced when the drilling rig, whose purpose it is to drill the bore hole into the production horizon, first inserts the drill bit into the ground. (9) Well Location shall be deemed to be the surface location of a well. REVISED: MAY 18, 1989 . . ORDINANCE NO. 1659 Page 2 SECTION 16-2: PERMITS (1) New Well Permit It shall be unlawful and an offense for any person acting either for himself or acting as agent, employee, or independent contractor for any other person, to commence to drill, or to operate, any new well within the city limits of the City of La Porte, Texas, or to work upon or assist in any way in the development or operation of any such new well, without a new well permit for the drilling and operation of such new well having first been issued by the authority of the City Council of the City of La Porte, Texas, in accordance with the terms of this chapter. (2) Old Well Permit It shall be unlawful and an offense for any person acting either for himself or acting as agent, employee or independent contractor for any other person, to commence to deepen, to repair, or to recomplete any well, old or existing, within the city limits of the City of La Porte or to work upon or assist in any way in the development or operation of any such well, without an old well permit having first been issued by the proper authority of the City Council of the City of La Porte in accordance with the terms of this Ordinance. SECTION 16-3: STREETS AND ALLEYS No well shall be drilled and no permit shall be issued for any well to be drilled at any location which is within any of the streets or alleys of the City of La Porte1 and no street or alley shall be blocked or incumbered or closed in any drilling or production operation except by special permit by order of the City Council of the City of La Porte, and then only temporarily. SECTION 16-4: WELL LOCATION (1) Well Location - Subdivisions No drilling for gas and oil wells in recorded subdivisions shall be allowed. This subsection shall apply only to acreage which has been subdivided into home sites the size of which are one (1) acre or less and the plat thereof has been filed for record in the Office of the County Clerk of Harris County, Texas. (2) Well Location - Dwellings, Schools, Buildings, etc. No well shall be drilled and no permit shall be issued for any well to be drilled at any location which is nearer than seven hundred fifty feet (750') of any residence or commercial building without the applicant having first secured the written permission of the owner or owners thereof. No well shall be drilled and no permit shall be issued for any well to be drilled at any location which is nearer than seven hundred fifty feet (750') of any school campus within the La Porte Independent School District. No drilling and no permit shall be issued to any well nearer than seven hundred fifty feet (750') to city-owned buildings or water wells without written permission from the City of La Porte, Texas. SECTION 16-5: APPLICATION AND FILING FEE Every application for a permit to drill and operate a well shall be in writing, signed by the applicant, and duly filed with the City Secretary of the City of La Porte, accompanied by a certified check for one thousand dollars ($1,000.00) as a permit fee. The application shall be for a single well and shall include full information including the following: . . ORDINANCE NO. 1659 Page 3 (a) The date of said application. (b) Name and address of applicant. (c) Proposed site of the well, including: (i) Name of the fee owner. (ii) Name of the lease owner. (iii) Legal description of the lease. (iv) Map showing location of the well on the lease. (d) Type of drilling rig to be used. (e) The proposed depth of the well. (f) A statement that it is understood and agreed that for any legal action or undertaking, venue for all suits shall lie in Harris County under any provision of this chapter. SECTION 16-6: ISSUANCE OR REFUSAL OF PERMIT The City Council, within thirty (30) days after the filing of the application for a permit to drill and operate a well, shall determine whether or not said application complies in all respects with the provisions of this chapter, and if it does, the City Council shall then fix the amount of the principal of the bond and insurance provided for in Section 16-8 herein, and after such determination shall issue a permit for the drilling and operation of the well applied for. Each permit issued under this chapter shall: (1) By reference have incorporated therein all the provisions of this chapter with the same force and effect as if this chapter were copied verbatim in said permit. (2) Specify the well location with particularity to lot number, block number, and correct legal description. (3) Contain and specify that the term of such permit shall be for a period of one hundred eighty (180) days from the date of the permit and as long thereafter as the permittee is engaged in drilling operations with no cessations of such operations for more than ninety (90) days, or oil or gas is produced in commercial quantities from the well drilled pursuant to such permit, provided that if at any time after discovery of oil or gas the production thereof in commercial quantities shall cease, the term shall not terminate if the permittee commences additional reworking operations within ninety (90) days thereafter, and if they result in the production of oil or gas, so long thereafter as oil or gas is produced from said well. (4) Contain and specify such conditions as are authorized by this chapter. (5) Contain and specify that no actual operations shall be commenced until the permittee shall file and have approved an indemnity bond in the designated principal amount as so determined by the City Council and conditioned as specified in Section 16-8 hereof. Said permit, in duplicate originals, shall be signed by the City Manager of the City of La Porte, and prior to delivery to the permittee shall be signed by the permittee (with one (1) original to be retained by the City and one (1) by the permittee) 7 and when so signed shall constitute the permittee's drilling and operating license and the contractual obligation of the permittee to comply with the terms of such permit, and such bond, and this chapter. If the permit for the well is refused, or if the applicant notifies the City in writing that he does not elect to accept the permit as tendered and wishes to withdraw his application, or if the bond of the applicant is not approved and the applicant notifies the City in writing that he wishes to withdraw his application, then upon the happening of said events the cash deposit provided for to be filed . . ORDINANCE NO. 1659 Page 4 with the application shall be returned to the applicant, except that there shall be retained therefrom by the City of La Porte, one hundred dollars ($100.00) as a processing fee. SECTION 16-7: TERMINATION OF PERMIT The permit shall terminate without any action on the part of the City unless actual drilling of the well shall have commenced within one hundred eighty (180) days from the date of issuance. The cessation for a like period of the drilling operations or the cessation of the production of oil or gas from the well after production shall have commenced, shall cancel" the permit, and the well shall be considered as abandoned for all purposes of this Ordinance. It shall be unlawful thereafter to continue the operation or drilling of such well without the issuance of another permit. SECTION 16-8: PERMITTEE'S INSURANCE AND BOND In the event a permit is issued by the City Council under the terms of this chapter for the drilling and operation of a well, no actual drilling operations or site preparation work shall be commenced until the permittee shall file with the City Secretary of the City of La Porte, a bond and a certificate of insurance, as follows: (1) The bond shall be a cash bond in the principal sum of such number of dollars as has been determined by the City Council of the City of La Porte, but not to be less than five thousand dollars ($5,000.00). Said cash bond shall be for the benefit of the City and all persons concerned, conditioned that the permittee will comply with the terms and conditions of this chapter in the drilling and operation of the well. Said bond shall become effective on or before the date the same is filed with the City Secretary and remain in force and effect and on deposit for at lease a period of six (6) months subsequent to the expiration of the term of the permit issued, and in addition the bond will be conditioned that the permittee will promptly payoff fines, penalties, and other assessments imposed upon permittee by reason of his breach of any of the terms, provisions, and conditions of this chapter, and that the permittee will promptly restore the streets and sidewalks and other public property of the City, which may be disturbed or damaged in the operations, to their former condition~ and that the permittee will promptly clear all premises of all litter, trash, waste, and other substances used, allowed, or occurring in the drilling or producing operations, and will, after abandonment, grade, level, and restore said property to the same surface condition, as nearly as possible, as existed when operations for the drilling of the well or wells were first commenced~ and that the permittee will indemnify and hold the City of La Porte harmless from any and all liability growing out of or attributable to the granting of such permit, including the payment of any expenses incurred by the City for any legal action which may be filed by either party hereto by reason of seeking or recovery of damages to the City as aforesaid. If at any time, the City Council shall deem any permittee's bond to be insufficient for any reason, it may require the permittee to make an additional cash bond. If after completion of a well, permittee has complied with all of the provisions of this chapter, such as to removing derrick, clearing premises, etc., he may apply to the City Council to have said cash bond reduced to a sum of not less than one thousand dollars ($1,000.00) for the remainder of the time said well produces without reworking, and be given a refund of the amount of reduction. During reworking operations, the amount of the bond shall be increased to the original amount. . . ORDINANCE NO. 1659 Page 5 (2) In addition to the bond required in paragraph (1) of this section, the permittee shall carry a policy or policies of standard comprehensive public liability insurance, including contractual liability covering bodily injuries and property damage, naming the permittee and the City of La Porte, in an insurance company authorized to do business within the State of Texas, said policy or policies in the aggregate shall provide for the following minimum coverages: (a) Bodily injuries: $1,000,000.00 - one person $3,000,000.00 - one accident (b) Property damage: $1,000,000.00 (3) Permittee shall file with the City Secretary of the City of La Porte, Texas, certificates of said insurance as above stated, and shall obtain the written approval thereof by the City Secretary of the City of La Porte, Texas, who shall act thereon within ten (10) days from the date of such filing. Said insurance policy or policies shall not be cancelled without written notice to the City Secretary of the City of La Porte at least ten (10) days prior to the effective date of such cancellation. In the event that said insurance policy or policies are cancelled, the permit granted shall terminate, and permittee's rights to operate under said permit shall cease until permittee files additional insurance as provided herein. SECTION 16-9: APPOINTMENT OF DIRECTOR OF COMMUNITY DEVELOPMENT AS OIL AND GAS INSPECTOR The City Council hereby appoints the Director of Community Development of the City of La Porte to enforce the provisions of this Chapter. SECTION 16-10: DEEPER DRILLING In the event the City is satisfied that said well may be deepened with the same degree of safety as existed with the original well, a permit may be issued, at the cost of One Thousand Dollars ($1,000.00), to the permittee, authorizing the deepening and operation of the well to such specified depth as applied for. In any deeper drilling or any deeper completion or any deeper production operations, the permittee shall comply with all other provisions contained in this chapter and applicable to the drilling, completion, an operation of a well. SECTION 16-11: DERRICK AND RIG It shall be unlawful and an offense for any person to use or operate in connection with the drilling or reworking of any well within the City limits of La Porte, any wooden derrick, and all engines shall be equipped with adequate mufflers approved by the City Council~ or to permit any drilling rig or derrick to remain on the premises or drilling site for a period longer than sixty (60) days after completion or abandonment of the well. At all times from the start of erection of a derrick, mast, or gin-pole, until the well is abandoned and plugged or completed as a producer and enclosed with a fence as herein provided, the permittee shall keep a watchman on duty on the premises at all times~ provided, however, it shall not be necessary to keep an extra watchman on duty on the premises when other workmen of permittee are on said premises. (1) No electric lighting generator shall be placed or remain nearer than one hundred fifty feet (ISO') to any producing well or oil tank. (2) Any rubbish or debris which may constitute a fire hazard shall e . ORDINANCE NO. 1659 Page 6 be removed to a distance of at least one hundred feet (100') from the vicinity of the wells, tanks and pump stations. All waste shall be disposed of in such manner as to avoid creating a fire hazard or polluting fresh water streams or underground strata. All waste disposal plans shall be approved by the Director of Community Development. (3) No open flame or arc welding shall be allowed inside the derrick substructure of a well prior to installation of the well head. (4) All temporary oil and gas flow lines laid upon or across a public road or highway must be buried to a the depth required by permits issued under the Pipeline Ordinance No. of the City of La Porte, Texas. (5) An electric powered rig shall be utilized when available. SECTION 16-12: PITS Either earthen or steel slush pits shall be permitted in connection with the drilling operation. In the event a steel pit is used, said pit and its contents shall be removed from the premises and the drilling site within sixty (60) days after completion of the well. In the event an earthen slush pit is used, same shall be filled and leveled within sixty (60) days after completion of the well. All drilling mud must be removed from the earthen pit prior to backfilling. SECTION 16-13: CASING All casing, including surface protection and production strings, shall be new seamless steel, or equivalent quality oil well casing. Each joint and length of each particular casing string shall have prior to setting, unconditionally passed a hydraulic test to insure physical integrity at design working pressure SECTION 16-14: SETTING AND CEMENTING CASING No well shall be drilled within the city limits of La Porte without properly setting surface casing to a depth as approved by the Texas Department of Water Resources. The surface casing must be driven or cemented by the pump and plug method. All other casing strings must be cemented by the pump and plug method with sufficient cement to completely fill all of annular space behind the casing string to the surface. No well shall be drilled within the city limits of La Porte without properly setting surface casing a depth sufficient to protect producing fresh water sands. SECTION 16-15: VALVES AND BLOW-OUT PREVENTERS No well shall be drilled within the city limits of La Porte without equipping the intermediate protective casing with at least one (1) master valve and one (1) fluid-operated ram type blow-out preventer with mechanical operating back-up1 and without properly equipping the production casing during completion operations and workover operations with at least one (1) master valve and at least one (1) fluid-operated ram type blow-out preventer. Each blow-out preventer shall test five thousand (5,000) pounds and its mechanical operation shall be tested daily, and all control equipment shall be in good working condition and order at all times. SECTION 16-16: DRILLING FLUID No well shall be drilled within the city limits of La Porte without using mud as the drilling fluid after the setting of surface casing as provided in Section 16-14 hereof. The weight of the mud laden . . ORDINANCE NO. 1659 Page 7 drilling fluid shall be at all times maintained at such weight as will provide a hydrostatic head of not less than five hundred (500) pounds per square inch in excess of the formation encountered by the well. In reworking a well, a drilling fluid shall be at all times maintained at such weight as will provide a hydrostatic head of not less than five hundred (500) pounds per square inch in excess of the pressure, of the formation penetrated by the well and open for production. SECTION 16-17: DRILL STEM TESTS It shall be unlawful and an offense for any person in connection with the drilling or reworking operations of any well within the City limits of La Porte to take and to complete any drill stem test or tests except during daylight hours and then only if the well effluent during the test is produced through an adequate oil and gas separator to storage tanks, and the effluent remaining in the drill pipe at the time the tool is closed is flushed to the surface by circulating drilling fluid down the annulus and up the drill pipe. SECTION 16-18: BRADENHEAD Each well drilled within the within the city limits of La Porte shall be equipped with a bradenhead with a working pressure of not less than three thousand (3,000) pounds per square inch. Bradenheads shall be cast iron steel premanufactured and welded to the well casing. The bradenhead installed on the surface casing shall be set above ground level and shall be equipped with fittings having a working pressure rating of not less than three thousand (3,000) pounds per square inch. The bradenhead pressure shall be checked at least once each calendar month and if pressure is found to exist, proper remedial measures shall be taken immediately to eliminate the source and the existence of the pressure. SECTION 16-19: CHRISTMAS TREE AND WELL HEAD CONNECTIONS The christmas tree and all well head connections on each well drilled within the city limits of La Porte shall have at least a minimum working pressure of three thousand (3,000) pounds per square inch, and on all wells completed below a depth of seven thousand feet (7,000'), the christmas tree and well head connections shall have at least a minimum working pressure of three thousand (3,000) pounds per square inch and a minimum test pressure of at least five thousand (5,000) pounds per square inch. All piping and fittings connecting the well head to an oil and gas separator shall have at least the same working pressure as hereinabove specified for christmas tree and well head connections. All wells shall be equipped with an automatic closing safety valve located adjacent to the wing valve in addition to the regular control valves. SECTION 16-20: PREMISES TO BE KEPT CLEAN AND SANITARY The premises shall be kept in a clean and sanitary condition, free from rubbish of every character, to the satisfaction of the City of La Porte, at all times drilling operations or reworking are being conducted, and as long thereafter as oil and/or gas is being produced therefrom. Any spill, oil, or salt water must be reported immediately to the City and cleanup commenced promptly. SECTION 16-21: MUFFLERS REQUIRED Motive power for all operations after completion of drilling operations shall be electricity or properly muffled gas, gasoline, or diesel engines. Such mufflers are to be approved by the Chief Building Official prior to their use. . . ORDINANCE NO. 16SQ Page 8 SECTION 16-22: STORAGE TANKS AND SEPARATORS It shall be unlawful and an offense for any person to use, construct, or operate in connection with any producing well within the City limits of La Porte, any crude oil well storage tanks except to the extent of two (2) steel tanks for oil storage, not exceeding five hundred (500) barrels capacity each and so constructed and maintained as to be vapor tight with pressure release valves set below tank design pressure and each surrounded with an earthen fire wall at such distance from the tank as will under any circumstances hold and retain at least one and one-half (1 1/2) times the maximum capacity of such tank. A permittee shall operate a conventional steel separator, and such other steel tanks and appurtenances as are necessary for separating oil and gas with each of such facilities to be so constructed and maintained as to be vapor tight. Each oil gas separator shall be equipped with both a regulation pressure relief safety valve and a bursting head. SECTION 16-23: FENCE Any person who completes any well as a producer shall have the obligation to enclose said well, together with its surface facilities and storage tanks, by a substantial smooth net wire fence sufficiently high and properly built so as to ordinarily keep persons and animals out of the enclosure with all gates thereto to be kept locked when the permittee or his employees are not within the enclosure. It is provided, however, that in noncongested areas the City at its discretion, may waive the requirement of any fence or may designate the type of fence to be erected. SECTION 16-24: VENTING AND FLARING OF GAS No person engaged in drilling or operating any well shall permit gas to escape or be vented into the air unless said gas be flared and burned as permitted by the Railroad Commission of Texas. SECTION 16-25: ABANDONMENT AND PLUGGING Whenever any well is abandoned it shall be the obligation of the permittee and the operator of the well to plug the well in accordance with regulations of the Texas Railroad Commission. No surface or conductor string of casing may be pulled or removed from a well. During initial abandonment operations it will be the obligation of the permittee or the operator of the well to flood the well with mud-laden fluid weighing not less than ten (10) pounds per gallon or sufficient mud weight to yield a hydrostatic pressure five hundred (500) pounds above maximum formation pressure encountered by the wel11 and the well will be kept filled to the top with said mud- laden fluid at all times1 mud-laden fluid of the above specifications will be left in the well bore below and between cement plugs. SECTION 16-26: DISPOSAL OF SALT WATER Permittee shall make adequate provisions for the disposal of all salt water or other impurities which he may bring to the surface, and disposal to be made in such manner as to not contaminate the underground water strata or to injure surface vegetation. The disposal process shall be approved by the City of La Porte, Texas, prior to disposal for the protection of public health, safety and well being. SECTION 16-27: VIOLATION OF LAWS OR REGULATIONS Any violation of the laws of the State of Texas or any rules, regulations, or requirements of any state or federal regulatory body having jurisdiction in reference to drilling, completing, equipping, . e ORDINANCE NO. 1659 Page 9 operating, producing, maintaining, spacing or abandoning an oil or gas well or related appurtenances, equipment, or facilities, or in reference to fire walls, fire protection, blow-out protection, safety protection, or convenience of persons or property, shall also be a violation of this chapter and shall be punishable in accordance with the provisions hereof. GEOPHYSICAL MINERAL EXPLORATION AND TESTING REGULATIONS SECTION 16-28: PERMITS (1) Permit Required No person, firm, or corporation shall use or discharge in any manner, any explosive, including but not limited to, dynamite and nitroglycerin, nor conduct any other method of geophysical mineral testing by the use of vibrating machines, or otherwise within the City without first having obtained a permit therefor. (2) Permit Requirements Application for a permit hereunder shall be made with the City Secretary. Such application shall contain the name of the applicant, address of the applicant, the geophysical methods of mineral exploration to be used, the purpose therefor, the location and use with a map attached designating the points of use. Such application shall be accompanied by a permit fee of one thousand dollars ($1,000.00) for the first mile and one thousand dollars ($1,000.00) per mile thereafter, pro-rated for any portion less than a mile. On receipt of such application by the City Secretary, the same shall be referred to the City Manager for a report as to the compliance of such application with the provisions of this chapter. Such report and the application shall then be submitted to the City Council. No permit shall be issued except by the approval of the City Council. (3) Insurance and Bond Requirements On approval of the permit, but before issuance thereof, the applicant shall provide the City Secretary with an insurance certificate showing insurance coverage of the applicant for general liability coverage in amounts not less than: (a) Bodily injuries: $1,000,000 - per person $3,000,000 - per accident (b) Property damage: $1,000,000 Such insurance coverage shall be provided by a good and solvent insurance company authorized to do business in the State of Texas. In addition, the applicant shall provide a cash bond in the amount of five thousand dollars ($5,000.00). Said cash bond shall be for the benefit of the City and all persons concerned, conditioned that the permittee will comply with the terms and conditions of this chapter. Said bond shall become effective on or before the date the same is filed with the City Secretary and remain in force and effect and on deposit for at lease a period of six (6) months after exploration ends. (4) Duration of Permit All permits issued hereunder shall expire sixty (60) days from the date of issuance. . e ORDINANCE NO. 16SQ Page 10 (5) Terms of Permit (a) Observe a 300' distance from any dwelling or water well. (b) Written agreement to cover any water well damage effective for ninety (90) days after completion of work. (c) Employ at least one (l) La Porte pOlice officer (off duty) to accompany the work crew while testing on City right-of- way, and provide 24-hours notice to the Chief of Police. (d) Obtain written permission from citizens to enter their property. SECTION 16-29: EXPLOSIVES No explosives shall be used. SECTION 16-30: NOTICE OF TIME AND PLACE OF USE OF TESTING METHODS No geophysical method of mineral exploration shall be used under this permit without the permittee having first on the date of such proposed use, notified the City Secretary and City Manager of the proposed time and location of the planned use. In the event the City Secretary is not available, notice shall be given to the Chief of Police in addition to the City Manager and if he is not available, then to any police personnel of the City. No testing shall be conducted on Sunday, nor between the hours of 8:00 p.m. and 6:00 a.m. local time. Notice shall also be given of the name of the person in charge of the testing for the permittee for the day on which notice is given. In addition, written notice of such testing to the occupants of all dwellings located within two thousand feet (2,000') of the test site at least twenty-four (24) hours prior to the testing. Section 2. That in the event any section, or part of section or provision of this Ordinance be held invalid, unconstitutional, or inoperative, this shall not affect the validity of the remaining sections, or parts of sections of this Ordinance, but the remainder of the Ordinance shall be given effect as if said invalid, unconstitutional or inoperative section, or part of section or provision, hand not been included. In the event any penalty, right or remedy created or given in any section or part of this Ordinance is held invalid, unconstitutional or inoperative, this shall not affect the validity of any other penalty, right or remedy created or given either in the whole Ordinance or in the Section thereof containing such invalid, unconstitutional or inoperative part, and if any exception to or any limitation upon any general provision herein contained shall be held to be unconstitutional or invalid, the general provisions shall nevertheless stand effective and valid as if the same had been enacted without such limitation or exceptions. . . ORDINANCE NO. 1659 Page 11 Section 3: It shall be unlawful and an offense for any person to violate or neglect to comply with any provision hereof irrespective of whether or not the verbiage of each subsection hereof contains the specific language that such violation or neglect is unlawful and is an offense. An person who shall violate any of the provisions of this chapter, or any of the provisions of a drilling and operating permit issued pursuant hereto, or any condition of the bond filed by the permittee pursuant to this section, or who shall neglect to comply with the terms hereof, shall be deemed guilty of a misdemeanor and shall, on conviction thereof, be fined in any sum not less than five dollars ($5.00) nor more than two hundred dollars ($200.00)~ and the violation of each separate provision of this section, and of said permit, and of said bond, shall be considered a separate offense, and each day's violation of each separate provision thereof shall be considered a separate offense. In addition to the foregoing penalties, it is further provided that the City Council of the City of La Porte at any regular or special session or meeting thereof, may, provided ten (10) days' notice has been given to the permittee that revocation is to be considered at such meeting, revoke or suspend any permit issued under this chapter and under which drilling or producing operations are being conducted in the event the permittee thereof has violated any provision of said permit, said bond, or this chapter. In the event the permit be revoked, the permittee may make application to the City Council of the City of La Porte for a reissuance of such permit, and the action of the City Council thereon shall be final. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated~ and that this meeting has been open to the i . . ORDINANCE NO. 1659 Page 12 public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be effective from and after its passage and approval, and publication of its caption, as requireed by law, and it is so ordered. PASSED AND APPROVED. th is p.f1I... day of ~ , 1989. CITY OF LA PORTE ATTEST: ~Jtd City Secretary APPROVED: ~tJ City Attorney