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(A) Every application for a permit issued pursuant to this chapter shall be in writing, signed by the operator, or some person duly authorized to sign on the operator’s behalf, and filed with the City Secretary.
(B) Every application shall be accompanied by a permit fee of $5,000 per well.
(C) The application shall include the following information:
(1) The date of the application and type of permit requested;
(2) An accurate legal description of the lease property to be used for the oil or gas operation, the parcel and the production unit and name of the geologic formation as used by the Commission. Property recorded by plat should reference subdivision, block and lot numbers.
(3) A map showing the proposed transportation route and road for equipment, chemicals or waste products used or produced by the oil or gas operation.
(4) The proposed well name.
(5) The surface owner names and addresses of the lease property.
(6) The mineral lessee name and address.
(7) The operator/applicant name and address, and if the operator is a corporation, the state of incorporation, and if the operator is a partnership, the names and addresses of the general partners.
(8) The name and address of the individual designated to receive notice.
(9) The name and 24-hour phone number of the representative with supervisory authority over all oil or gas operation site activities.
(10) The location and description of all improvements and structures within 600 feet of the proposed drill site.
(11) The owner and address of each parcel of property within 600 feet of the proposed drill site.
(12) A site plan of the proposed operation site showing the location of all improvements and equipment, including the location of the proposed well(s) and other facilities, including but not limited to, tanks, pipelines, compressors, separators, storage sheds, fencing and any access roads.
(13) The name, address and 24-hour phone number of the person to be notified in case of an emergency.
(14) The exact and correct acreage of the site for the well described in the permit application.
(15) The proposed hole size, casing program and cementing program.
(16) Copies of all reports required by the Commission.
(17) An original, executed, citywide road maintenance agreement, signed and approved by the city and filed with the City Secretary, that provides that the operator shall repair, at the operator's own expense, any damage to roads, streets, highways or other city property caused by the use of heavy vehicles and equipment for any activity associated with the preparation, drilling, production and operation of gas wells.
(18) A description of public utilities required during drilling and operation.
(19) A description of the water source to be used during drilling.
(20) A copy of the approved Commission permit to drill, together with attachments and survey plats applicable to the drill and operation sites.
(21) A written report showing the pre-drilling ambient noise level, measured at the nearest protected use receiver/receptor's property line or 100 feet from the nearest protected use structure (as measured to the closest exterior point of the building), whichever is closer to the receiver/receptor.
(22) A copy of the determination by the Texas Commission on Environmental Quality (TCEQ) of the depth of useable quality ground water.
(23) Evidence of insurance and security requirements under this chapter.
(24) A statement, under oath, signed by the operator or designated representative, that the information submitted with the application is, to the best knowledge and belief of the operator or designated representative, true and correct.
(25) All required application and permit fees.
(D) At least 15 days, and not more than 20 days prior to the date of filing of the permit application, the operator shall publish a copy of a notice as outlined below, at the operator's expense, in one issue of a daily newspaper in the city. An affidavit by the printer or publisher of the newspaper indicating publication of the notice shall be filed with the application, and will be prima facie evidence of such publication. The notice shall read as follows:
“Notice is hereby given that , acting under and pursuant to the Ordinances of the City of Cleburne, Texas, on the day of , 20 , intends to file with the City Secretary of the City of Cleburne, an application for a permit to drill, complete and operate a well for oil or gas upon property located at , Cleburne, Johnson County, Texas, more particularly shown on the map of record in Volume , Page , Plat Records of Johnson County, Texas, or per Tax Tract Number , Johnson County, Texas. Additional information is available by contacting the applicant at 817-_______.”
(E) At least 20 days prior to the date of the filing of the permit application, the operator shall, at the operator's expense, erect at least one sign, not less than three feet by three feet, upon the premises upon which a permit has been requested. Where possible, the sign or signs shall be located in a conspicuous place or places upon the property, at a point or points nearest any right-of-way, street, roadway or public thoroughfare adjacent to such property.
(1) The sign(s) shall substantially indicate that a permit to drill for oil or gas will be requested, the date when the permit application will be filed, and shall further set forth that additional information can be acquired by telephoning the applicant at a number to be indicated on the sign.
(2) All signs shall remain in place until final action on the permit application by the City Manager or the City Council, and shall then be removed by the operator.
(3) The continued maintenance of any such sign shall not be deemed to be a condition precedent to the holding of any public hearing or to any other official action under this chapter.
(F) Upon substantial compliance with this section, all notice provisions contained in this section shall be deemed sufficient.
('68 Code, § 19½-3) (Ord. 10-1987-55, passed 10-20-87; Am. Ord. 01-2007-07, passed 1-23-07; Am. Ord. 06-2011-32, passed 6-28-11) Penalty, see § 118.99
(A) (1) It shall be unlawful to drill any well, the center of which, at the surface of the ground, is located:
(a) Within 25 feet of any storage tank or source of ignition;
(b) Within 75 feet of any public street, road, highway or future street, right-of-way or property line;
(c) Within 100 feet of any building accessory to, but not necessary to the operation of the well;
(d) Within 300 feet of any fresh water well;
(e) Within 400 feet of any industrial building; or
(f) Within 600 feet of any protected use.
(2) This provision applies to any existing protected use or industrial building, or where a building permit has been issued for a protected use or an industrial building on the date the application for a permit under this chapter is filed with the city.
(B) The distances referred to in § 118.04(A)(1) through (6) above shall be calculated from the well bore, in a straight line, without regard to intervening structures or objects to the closest exterior point of any object or boundary listed in divisions (1) through (6) above.
(1) A waiver granted by the City Council; or
(2) Written notarized waivers granted by the owners of protected use property within a 600-foot radius around the proposed well, or by the owners of any industrial building within a 400-foot radius around the proposed well. All waivers must identify the property address, block and lot number, subdivision name (if applicable), plat volume and page, and must be filed, at the expense of the operator, in the applicable county records prior to the application for the permit.
(Ord. 01-2007-07, passed 1-23-07) Penalty, see § 118.99
(A) Within 30 days after the filing of the application for a permit, the City Manager shall determine whether or not the application complies in all respects with the provisions of this chapter, if the proposed drill site meets the distance setbacks specified in § 118.04, and if the drill site is not crossed by any public streets or roads. If the application complies with such provisions, the City Manager shall issue a permit authorizing the drilling of the well(s) or the installation of the facilities applied for.
(B) If the City Manager determines that a permit application should be denied for reasons other than lack of a required distance setback as set out in § 118.04 for the requested permit, the City Manager shall notify the operator in writing of such denial, stating the reasons for the denial. Within 30 days of the date of the written decision of the City Manager to deny the permit, the operator may:
(1) Cure those conditions that caused the denial, and resubmit the application to the City Manager for approval and issuance of the permit; or
(2) File an appeal to the City Council under the provisions outlined in § 118.22
of this chapter.
(C) If, however, the City Manager determines that all of the provisions of these regulations have been complied with by the operator, but that the proposed drill site does not meet the distance setbacks specified in § 118.04, then the City Manager shall place the application on the agenda of the City Council, which shall hold a public hearing on such application, after giving notice at least one time by publication in the official newspaper at least ten days prior to the hearing, and in writing by regular United States mail to the surface owners of real property within 600 feet of the proposed drill site. Such notice is not necessary to any property owner within the 600-foot radius that executes and files with the City Secretary a written waiver acknowledged before a notary public, as specified in
§ 118.04.
(D) Written notices may be served by depositing the same, properly addressed and postage paid, in the city post office to the owners at the addresses as shown on the last approved city tax roll, or as shown in the application pursuant to § 118.03(C) if the latter is different from the tax roll.
(E) The City Council shall review the application and any other related information. The City Council shall consider the following in deciding whether to grant a permit:
(1) Whether the operations proposed are reasonable under the circumstances and conditions prevailing in the area, considering the particular location and the character of the improvements located there;
(2) Whether the drilling of such wells would conflict with the orderly growth and development of the city;
(3) Whether there are other alternative well site locations;
(4) Whether the operations proposed are consistent with the health, safety and welfare of the public, when and if conducted in accordance with the permit conditions to be imposed;
(5) Whether there is accessible access for the city fire personnel and firefighting equipment; and
(6) Whether the impact upon the adjacent property and the general public by operations conducted in compliance with the conditions of the proposed permit are reasonable and justified, balancing the following factors:
(a) The right of the owners(s) of the mineral estate to explore, develop and produce the minerals; and
(b) The availability of alternative drill sites.
(F) Following the public hearing, the City Council may grant the permit upon such terms and conditions as it determines to be necessary to protect the public health and safety. The requirement for the well to be 600 feet from a protected use or 400 feet from an industrial building may be reduced, but never to less than 200 feet by: (1) a waiver granted by the City Council; or (2) written notarized waivers granted by all protected use property owners within 600 feet, or written notarized waivers granted by all industrial building owners within 400 feet, in accordance with § 118.04. For the protection of the public health, safety and welfare, the City Council may impose additional requirements for a reduction of such distance setbacks.
(G) The burden of proof on all matters considered at the hearing shall be upon the applicant/operator.
(H) The City Council may require an increase in the distance the well is set back from any protected use or industrial building, or require any change in the operation, plan, design, layout, or on-site and technical regulations of this chapter, including fencing, screening, landscaping, lighting, delivery times, noise levels, tank height, or any other matters reasonably required by the public interest.
(I) In the interest of securing compliance with this chapter, the city code, and/or to protect the health, safety and welfare of the community, the City Council may accept, reject or modify the application. In making its decision, the City Council shall have the power and authority to refuse any permit to drill any well at any particular location within the city, when by reason of such particular location and other characteristics, the drilling of such well at such particular location would be injurious to the health, safety or welfare of the inhabitants in the immediate area of the city. The decision of the City Council shall be final.
(J) Each permit 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 such permit.
(2) Specify the location of the proposed drill site, well or injection facility, with particularity to lot number, block number, name of addition or subdivision or by a metes and bounds description, or other available correct legal description.
(3) Specify the routes and roads to be used by vehicles, equipment, chemicals or waste products used or produced in oil or gas well drilling or operations, and in servicing wells.
(4) Contain and specify that the term of the permit shall automatically terminate, unless extended, if drilling is not commenced within 180 days from the date of the permit, and so long thereafter as oil and gas is produced, or until such time as the permittee has permanently abandoned the operation of such well or facility for which the permit was issued.
(5) Contain and specify such other terms and provisions as may be necessary in a particular case to accomplish the purpose of this chapter.
(6) Contain and specify that no actual operations shall be commenced until the operator has complied with the bond and insurance provisions of this chapter.
(7) Require that the operator promptly restore to its former condition any public property damaged by the oil or gas operation.
(8) Pursuant to this chapter, each permit issued by the City Manager or the City Council shall include the following language:
“Operator does hereby expressly release and discharge all claims, demands, actions, judgments and executions it ever had, or now has or may have, or assigns it may have or claim to have, against the City of Cleburne and/or its departments, agents, officers, servants, successors, assigns, sponsors, volunteers or employees, created by, or arising out of personal injuries, known or unknown, and injuries to property, real or personal, or in any way incidental to or in connection with the performance of the work performed by the operator under a permit issued pursuant to this chapter. The operator shall fully defend, protect, indemnify and hold harmless the City of Cleburne, Texas, its departments, agents, officers, servants, employees, successors, assigns, sponsors or volunteers, from and against each and every claim, demand or cause of action, and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees and expenses incurred in defense of the City of Cleburne, Texas, its departments, agents, officers, servants or employees, including without limitation, personal injuries and death in connection therewith, which may be made or asserted by operator, its agents, assigns or any third parties on account of, arising out of, or in any way incidental to or in connection with the performance of the work performed by the operator under a permit issued pursuant to this chapter. The operator agrees to indemnify and hold harmless the City of Cleburne, Texas, its departments, officers, agents, servants, employees, successors, assigns, sponsors or volunteers, from any liabilities or damages suffered as a result of claims, demands, costs or judgments against the city, its departments, its officers, agents, servants or employees, created by, or arising out of the acts or omissions of the City of Cleburne occurring on the drill site or operation site in the course and scope of inspecting and permitting the gas wells, INCLUDING BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING, IN WHOLE OR IN PART, FROM THE NEGLIGENCE OF THE CITY OF CLEBURNE OCCURRING ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE CITY OF CLEBURNE, TEXAS AND/OR ITS DEPARTMENT, AGENTS, OFFICERS, SERVANTS OR EMPLOYEES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF CLEBURNE, TEXAS, AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH AND/OR DAMAGE.”
(K) Within 15 days after the City Manager or the City Council has granted a permit, the City Secretary shall publish a notice of the granting of such permit one time in the official newspaper of the city.
('68 Code, § 19½-4) (Ord. 10-1987-55, passed 10-20-87; Am. Ord. 8-2002-58, passed 8-27-02; Am. Ord. 01-2007-07, passed 1-23-07; Am. Ord. 06-2011-32, passed 6-28-11) Penalty, see § 118.99
(A) Prior to the issuance of a gas well permit the operator shall provide the city with a security instrument in the form of a bond as follows:
(1) A bond shall be executed by a reliable bonding or insurance institution authorized to do business in Texas, acceptable to the city. The bond shall become effective on or before the date the gas well permit is issued and shall remain in force and effect for at least a period of six months after the expiration of the gas well permit term or until the well is plugged and abandoned and the site is restored, whichever occurs first. The operator shall be listed as principal and the instrument shall run to the city, as obligee, and shall be conditioned that the operator will comply with the terms and regulations of this division (A) and the gas well permit, and further conditioned that the operator will repair any damages to the city roads, streets, or utilities, as determined by the Director of Public Works of the city, caused by the use of heavy vehicles and equipment for any activity associated with the preparation, drilling, fracing, production, and operation of gas wells.
(2) The principal amount of any security instrument shall be $50,000 for any single well. During reworking operations, the amount of the bond shall be maintained at $50,000.
(3) An operator drilling or reworking between one and five wells at any given time, may elect to provide a blanket bond, in the principal minimum amount of $150,000. If the operator drills or reworks more than five wells at a time, the blanket bond shall be increased in increments of $50,000 per each additional well. Once the wells are in the producing stage and all drilling operations have ceased, the operator may elect to submit a request to the City Manager for approval to reduce the existing bond and provide a blanket bond for the remainder of the time the well produces, without reworking, as follows:
Number of Producing Wells | Blanket Bond Amount Required |
Up to 75 wells | $200,000 |
75 to 150 wells | $250,000 |
More than 150 wells | $300,000 |
If at any time after no less than a 15 day written notice to the operator and a public hearing, the City Council shall deem any operator's bond to be insufficient, it may require the operator to increase the amount of the bond up to a maximum of $350,000 per well.
(4) Whenever the city finds that a default has occurred in the performance of any requirement or condition imposed by this division (A) or the gas well permit, a written notice shall be given to the operator. Such notice shall specify the work to be done, the estimated cost and the period of time deemed by the city to be reasonably necessary for the completion of such work. After receipt of such notice, the operator shall, within the time therein specified, either cause or require the work to be performed, or failing to do so, shall pay to the city 125% of the estimated cost of doing the work as set forth in the notice. In no event, however, shall the cure period be less than 30 days unless in the sole opinion of the Director of Public Works the failure presents a risk of imminent destruction of property or injury to persons or unless the failure involves the operator's failure to provide periodic reports as required by this division (A). The city shall be authorized to draw against any bond to recover such amount due from the operator. Upon receipt of such monies, the city shall proceed by such mode as deemed convenient to cause the required work to be performed and completed, but no liability shall be incurred other than for the expenditure of said sum in hand. In the event that the well has not been properly abandoned under the regulations of the Commission, such additional money may be demanded from the operator as is necessary to properly plug and abandon the well and restore the drill site in conformity with the regulations of this division (A).
(5) In the event the operator does not cause the work to be performed and fails or refuses to pay over to the city the estimated cost of the work to be done as set forth in the notice, or the issuer of the security instrument refuses to honor any draft by the city against the applicable bond, the city may proceed to obtain compliance and abate the default by way of civil action against the operator, or by criminal action against the operator, or by both such methods.
(6) When the well or wells covered by said bond have been properly abandoned in conformity with all regulations of this division (A), and in conformity with all regulations of the Commission and notice to that effect has been received by the city, or upon receipt of a satisfactory substitute, the bond issued in compliance with these regulations shall be terminated and cancelled.
(B) In addition to the bond required above, the operator shall carry a policy or policies of standard comprehensive public liability insurance, including contractual liability coverage, for accidental death, bodily injury and property damage, naming both the operator and city as insureds, with an insurance company authorized to do business in the state and appearing on the list of authorized insurance companies prepared by the State Board of Insurance. Such policy or policies in the aggregate shall provide for the following minimum coverages:
(1) Accidental death or bodily injury, $5,000,000 one person and $5,000,000 total for one accident;
(2) Property damage, $1,000,000 total for one accident.
(C) The operator shall file with the City Secretary a certificate of insurance, showing compliance with the above, prior to receiving a copy or copies of the permit or commencing any operations on the drill site. The insurance shall not be canceled without written notice to the City Secretary at least ten days prior to the effective date of such cancellation. In the event such insurance is canceled, the permit granted in connection with such policy or policies shall be suspended and ineffective until the operator files additional insurance as provided herein.
('68 Code, § 19½-5) (Ord. 10-1987-55, passed 10-20-87; Am. Ord. 01-2007-07, passed 1-23-07; Am. Ord. 06-2011-32, passed 6-28-11; Am. Ord. 08-2011-42, passed 8-9-11) Penalty, see § 118.99
(A) If an operator (or its officers, employees, agents, contractors or representatives) fails to comply with any requirement of a permit issued pursuant to this chapter (including any requirement incorporated by reference as part of the permit), the City Manager shall give written notice to the operator, specifying the nature of the failure and giving the operator a reasonable time to cure, taking into consideration the nature and extent of the failure, the extent of the efforts required to cure, and the potential impact on the health, safety and welfare of the community. In no event, however, shall the cure period be less than 30 days, unless the failure presents a risk of imminent destruction of property or injury to persons, or involves the operator's failure to provide periodic reports as required by this chapter.
(B) If the operator fails to correct the noncompliance within 30 days from the date of the notice, the City Manager may suspend or revoke the permit pursuant to the provisions of this chapter.
(C) No person shall carry on any operations performed under the terms of the permit issued under this chapter during any period of any permit suspension or revocation, or pending a review of the decision or order of the city in suspending or revoking the permit. Nothing contained herein shall be construed to prevent the necessary, diligent and bona fide efforts to cure and remedy the default or violation for which the suspension or revocation of the permit was ordered for the safety of persons or as required by the Commission.
(D) If the operator does not cure the noncompliance within the time specified in this chapter, the City Manager, upon written notice to the operator, may notify the Commission and request that it take any appropriate action.
(E) Within 30 days of the date of the decision of the City Manager, in writing, to suspend or revoke a permit, the operator may file an appeal to the City Council under the provisions outlined in § 118.20 of this chapter.
(F) If an application for a permit is denied by the City Manager, nothing contained herein shall prevent a new permit application from being submitted to the City Manager for the same well.
('68 Code, § 19½-6) (Ord. 10-1987-55, passed 10-20-87; Am. Ord. 01-2007-07, passed 1-23-07) Penalty, see § 118.99
(A) An operator may submit an application to the City Secretary to amend an existing permit, to commence drilling from a new drill site that is not shown on (or incorporated by reference as part of) the existing permit, to relocate a drill site or operation site that is shown on (or incorporated by reference as part of) the existing permit, or to otherwise amend the existing permit.
(B) Applications for amended permits shall be in writing and signed by the operator, and shall include the following:
(1) The fee for filing the application to amend the permit in the amount of $2,500;
(2) A description of the proposed amendments;
(3) Any changes to the information submitted with the application for the existing permit (if such information has not previously been provided to the city);
(4) Such additional information as is reasonably required by the City Manager to demonstrate compliance with the applicable permit; and
(5) Such additional information as is reasonably required by the City Manager to prevent imminent destruction of property or injury to persons.
(C) All applications for amended permits filed with the City Secretary shall be forwarded to the City Manager for review. Incomplete applications may be returned to the applicant, in which case the city shall provide a written explanation of the deficiencies; however, the city shall retain the application fee. The city may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator.
(D) If the activities proposed by the amendment are not materially different from the activities covered by the existing permit, and if the proposed activities are in conformance with the applicable permit, then the City Manager shall approve the amendment within ten days after the application is filed.
(E) If the activities proposed by the amendment are materially different from the activities covered by the existing permit, and if the proposed activities are in conformance with the applicable permit, then the City Manager shall approve the amendment within 30 days after the application is filed. If, however, the activities proposed by the amendment are materially different and, in the judgment of the City Manager, might create a risk of imminent destruction of property or injury to persons not associated with the activities covered by the existing permit, or not otherwise taken into consideration by the existing permit, the City Manager may require the amendment to be processed as a new permit application.
(F) The failure of the City Manager to review and issue an amended permit within the time limits specified above shall not cause the application for the amended permit to be deemed approved.
(G) The decision of the City Manager to deny an amendment to a permit shall be provided to the operator in writing, within ten days after the decision, including an explanation of the basis for the decision. The operator may appeal any such denial to the City Council.
(Ord. 01-2007-07, passed 1-23-07; Am. Ord. 06-2011-32, passed 6-28-11) Penalty, see § 118.99
(A) A gas well permit may be transferred on written request by the operator with the consent of the City Manager or designated representative if:
(1) The transferee agrees in writing to be bound by the terms and conditions of the current gas well permit and road maintenance agreement;
(2) All information previously provided to the city in connection with the application for the current gas well permit is updated to reflect any changes;
(3) The transferee replaces or modifies all required signs to reflect any changes; and
(4) The transferee provides the certificate of insurance and security instrument required by this chapter.
(B) The certificate of insurance and security instrument provided by the transferor shall be released on the expiration of six months from the date the transferee provides a certificate of insurance and security instrument. The transfer shall not relieve the transferor from any liability to the city arising out of any activities conducted prior to the transfer.
(C) Applications for the transfer of gas well permits shall be filed with the Oil and Gas Department. An application fee shall be charged in the amount of $500. The fee shall cover all well heads on the pad site.
(Ord. 06-2017-36, passed 6-27-17)
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