O343
' 0; FICIAL CITY
' SECRETARY'S COPY
ORDINANCE NO. 343
AN ORDINANCE AMENDING CHAPTER 17 OF THE KENNEDALE
CITY CODE (1991), AS AMENDED, BY AMENDING REGULATIONS
GOVERNING OIL AND GAS WELL DRILLING, OPERATIONS AND
PRODUCTION; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City Council previously adopted regulations governing the
exploration, drilling and production of hydrocarbons within the City; and
WHEREAS, The City Council now desires to amend said regulations in order to
incorporate fire safety provisions the Council finds necessary to protect the public
health, safety and general welfare; and
WHEREAS, public hearings were held by the Planning and Zoning Commission
of the City of Kennedale, Texas, on August 17, 2006, and by the City Council of the City
of Kennedale, Texas, on September 14, 2006, with respect to the amendments
described herein; and
WHEREAS, all requirements of law dealing with notice and publication and all
procedural requirements have been complied with in accordance with the
Comprehensive Zoning Ordinance and Chapter 211 of the Local Government Code.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
Section 17-426(b) of the Kennedale City Code is hereby amended by adding new
definitions for "Fire marshal," "Knox box rapid entry system" and amending the definition
of "Oil and gas well permit", which shall each read as follows:
Fire marshal: The Fire Marshal of the City of Kennedale.
Knox box rapid entry system: a safe system located at primary points of
entry containing entry keys for use by fire and other emergency personnel.
Oil and Gas Well Permit: A permit applied for and issued or denied
pursuant to this Section authorizing the drilling, production, and operation
of one (1) oil or gas well.
SECTION 2.
Section 17-426(d)(1) of the Kennedale City Code is hereby amended to read as
follows:
(1) Any person, acting for himself or acting as an agent, employee,
independent contractor, or servant for any person, shall not engage
in the drilling and production of oil or gas wells within the corporate
limits of the city without first obtaining an oil and gas well permit
issued pursuant to this Section. Each proposed well hole shall
require a separate permit and shall not be permitted on a "blanket"
basis.
SECTION 3.
Section 17-426(f) of the Kennedale City Code is hereby amended to read as
follows:
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Compliance with the development site plan. Any person who
proposes extraction of oil or gas on a tract of land located within the
corporate limits of the City of Kennedale shall prepare six copies of
an oil or gas well development site plan. The site plan drawing shall
be provided in D size and 8%2 " x 11" paper and shall be submitted
as part of the applicant's request for a special exception. The
following detail shall be included on all oil and gas development site
plans:
(1) The development site plan shall provide for adequate
sanitation facilities, access roads, drainage, erosion control
and other necessary supporting facilities identified on the
development site plan.
(2) The design, location, and arrangement of all driveways and
parking spaces shall provide for the safe and convenient
movement of vehicular and pedestrian traffic without
adversely affecting the general public or adjacent
developments.
(3) Erosion control is required and shall comply with all local,
state and federal requirements. The operator shall file a copy
of the storm water pollution plan if required by the EPA.
(4) Reserve pits shall be lined to prevent water pollution.
(5) With the exception of vehicular access, no development is
allowed in a floodplain.
(6) Prior to consideration of an oil or gas well development site
plan and special exception, an approved road repair
agreement must be on file with the city.
(7) Identify truck routes and access points.
(8) Identify environmentally sensitive areas (ESA's) including
floodplains and any proposed floodplain, creek and stream
crossings.
a. All floodplain, creek and stream crossings, if not at
grade, shall be designed to a ten-year storm
frequency.
b. All floodplain crossings shall have no negative affects
on surrounding property.
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c. A drainage study sufficient to substantiate the above
requirements will be required as part of the submittal
if crossings are proposed.
d. Identify and indicate the proposed method of erosion
control.
(9) Identify all wells, structures, equipment, pipelines,
utilities, gates and fences, containment areas, Fire
Lanes, and 1000', 600', and 300' perimeter lanes
within 1000' of the well.
(10) Indicate a physical address for each well site.
SECTION 4.
Section 17-426(g) of the Kennedale City Code is hereby amended by adding a
new Subsection (4), which shall read as follows:
(4) Shall include three complete copies of the operator's emergency
action response plan.
SECTION 5.
Section 17-426(h) of the Kennedale City Code is hereby amended to read as
follows:
(h) Review of applications for oil and gas well permit.
(1) All applications for oil and gas well permits shall be filed with
the director of public works who shall immediately forward all
applications to the petroleum specialist and fire marshal for
review. Incomplete applications shall be returned to the
applicant, in which case the city shall provide a written
explanation of the deficiencies if requested by the applicant.
All applications for an oil and gas permit shall be
accompanied by a processing fee in the amount of five
thousand dollars ($5,000.00), which shall be assessed to
recoup the administrative expenses incurred by the city in
administrating such permit. The gas well permit fee for
additional wells on the same pad shall be as follows: four
thousand dollars ($4,000.00) for the second well, three
thousand dollars ($3,000.00) for the third well, and two
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thousand dollars ($2,000.00) for each well thereafter. The
city may return any application as incomplete if there is a
dispute pending before the railroad commission regarding
the determination of the operator.
(2) The petroleum specialist and fire marshal shall review each
application within thirty (30) days after filing and shall
determine whether the application includes all of the
information required by this section, whether the application
is in conformance with the applicable oil and gas well
development site plan, the terms of the applicable special
exception, the road repair agreement, the fire code and
whether the application is in conformance with the insurance
and security requirements set forth in this section.
(3) The failure of the petroleum specialist or fire marshal to
review an oil and gas well permit application within the time
limits specified above shall not require the city to approve an
application that does not meet the minimum requirements
set forth in this section.
SECTION 6.
Section 17-426(1)(1) of the Kennedale City Code is hereby amended to read as
follows:
(1) Each Oil and Gas Permit shall contain the following information:
a. Identify the name of each well and its operator;
b. Specify the date on which the City issued each permit;
c. Specify that the permit shall expire within 365 days of
issuance.
d. Incorporate, by reference, the insurance and security
requirements set forth in this Section;
e. Incorporate, by reference, the requirement for periodic
reports and for providing notice of reworking an existing well,
as forth in this Section;
f. Incorporate the full text of the release of liability provisions
set forth in this Section;
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g. Incorporate, by reference, the conditions of the applicable
Development Site Plan and applicable Special Exception;
h. Incorporate, by reference, the information contained in the
permit application;
i. Incorporate, by reference, the applicable rules and
regulations of the Railroad Commission, including the
applicable "field rules";
j. Specify that no drilling operations (including the construction
of internal private access roads) shall commence until the
operator has provided the security required by this Section;
k. Contain the name, address, and phone number of the
person designated to receive notices from the City, which
person must be a resident of Texas, that can be served in
person or by registered or certified mail; and
I. Indicate required compliance with all additional permits and
payment of all additional fees required by the City related to
the proposed operations.
SECTION 7.
Section 17-426(k) of the Kennedale City Code is hereby amended to read as
follows:
(k) Security.
(1) A security instrument that covers each well must be
delivered to the city before the issuance of the oil and gas
well permit for the well. The instrument must provide that it
cannot be cancelled without at least thirty (30) days prior
written notice to the city and, if the instrument is a
performance bond, that the bond cannot be cancelled
without at least ten (10) days prior written notice for non-
payment of the premium. The instrument shall secure the
obligations of the operator related to the well to:
a. Repair damage, excluding ordinary wear and tear, if
any, to public streets, including but not limited to
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bridges, caused by the operator or by the operator's
employees, agents, contractors, subcontractors or
representatives in the performance of any activity
authorized by or contemplated by the oil and gas well
permit.
b. Comply with the insurance and security provisions set
forth in this section.
c. Pay fines and penalties imposed upon the operator by
the city for any breach of the oil and gas well permit.
d. Reimburse the city and other public safety service
providers for costs incurred in responding to an
incident or emergency event caused by or related to
the permit holder's operations.
(2) The security instrument may be in the form of an irrevocable
letter of credit or payment bond issued by a bank or surety
approved by the city. The instrument shall run to the city for
the benefit of the city, shall become effective on or before
the date the oil and gas well permit is issued, and shall
remain in effect until the well is abandoned and the site
restored.
(3) A certificate of deposit may be substituted for the letter of
credit or payment bond. The certificate shall be issued by a
bank in the City of Kennedale, Texas, shall be approved by
the city, shall be payable to the order of the city to secure the
obligations of the operator described above, and shall be
pledged to the bank with evidence of delivery provided to the
city. Interest on the certificate shall be payable to the
operator.
(4) The security instrument may be provided for individual wells
or on a "blanket" basis for multiple wells. The amount of the
security shall be a minimum of fifty thousand dollars
($50,000.00) for any single well and a minimum of one
hundred thousand dollars ($100,000.00) for multiple wells on
a "blanket" basis.
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(5) An appeal of the determination of the amount of security
required under this section may be made to the city council
for final determination.
SECTION 8.
Section 17-426(1)(1) of the Kennedale City Code is hereby amended to read as
follows:
(1) The operator shall notify the director of public works and the fire
marshal of any changes to the following information immediately,
within one business day after the change occurs:
a. The name, address, and phone number of the operator;
b. The name, address, and twenty-four-hour phone number of
the person(s) with supervisory authority over drilling or
operations activities;
c. The name, address, and phone number of the person
designated to receive notices from the city, which person
must be a resident of Texas that can be served in person or
by registered or certified mail; and
d. The operator's emergency action response plan including
"drive-to-maps" from public rights-of-way to each drilling and
operation site.
SECTION 9.
Sections 17-426(m)(2)f. and i. of the Kennedale City Code are hereby amended
to read as follows:
f. All applications for amended oil and gas well permits shall be filed
with the director of public works. The application shall be
immediately forwarded to the petroleum specialist and fire marshal
for review. Incomplete applications may be returned to the
applicant, in which case the city shall provide a written explanation
of the deficiencies. The city may return any application as
incomplete if there is a dispute pending before the railroad
commission regarding the determination of the operator.
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i. The failure of the petroleum specialist or fire marshal to review an
amended oil and gas well permit application within the time limits
specified above shall not require the city to approve an application
that does not meet the minimum requirements set forth in this
section.
SECTION 10.
Section 17-426(0) of the Kennedale City Code is hereby amended by amending
subsection (1) and adding new subsections (12) and (13), which shall each read as
follows:
(1) A secured entrance gate and a sign shall be required. The sign
identifying the entrance to the drill site or operation site shall be
reflective and shall indicate a physical address in compliance with
the Fire Code, the name and/or number of each well, an
emergency contact phone number, the gas well permit number, and
shall indicate the nature of the operation, i.e. natural gas well. The
fire marshal must approve the size and location of the sign prior to
commencing operations.
(12) All fences and gates shall be secured to prevent unauthorized
public access to the site and/or equipment. This includes, but is not
limited to, the following:
a. Securing any permitted temporary fencing to the ground.
b. Installing a Knox box rapid entry system or padlock and
providing the fire marshal with a master key to all padlocks
and gate locks, or providing twenty-four hour on-site security
personnel with access keys.
(13) All private roads and drives to the drilling and operation site must
be constructed or sufficiently improved to meet Fire Apparatus
Access Road standards, as defined by the fire code.
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SECTION 11.
Section 17-426(s) of the Kennedale City Code is hereby amended by amending
subsection (6) and adding new subsections (12), (13) and (14), which shall each read
as follows:
(6) Tank battery facilities that contain flammable liquid shall be
equipped with a remote foam line utilizing a two and one-half inch
(2.5") National Standard Hose Thread female inlet connection in
locations approved by the fire marshal. The remote foam lines
connection must be located no closer than one hundred fifty feet
(150') to the area(s) being protected, which location must be
approved by the fire marshal.
(12) Afire hydrant must be located within six hundred feet (600') of the
well. If a fire hydrant is located further than six hundred feet (600')
from the well, special provisions for water supply may be required
by the Fire Marshal. This may include, but is not limited to, the
provision of specialized fittings to connect fire hoses to water
tankers.
(13) The fire marshal must be notified a minimum of twenty four (24)
hours in advance of any explosives being transported onto, used on
or transferred off of the site. Storage of any explosives on site for
longer than twenty four (24) hours is prohibited. Transportation
handling and use of explosives shall comply with all ATF (Federal
Bureau of Alcohol, Tobacco, Firearms and Explosives) and fire
code requirements.
(14) A lightning arrestor system shall be installed according to the most
current edition of the National Electric Code.
SECTION 12.
This ordinance shall be cumulative of all provisions of ordinances and the Code
of the City of Kennedale, Texas, except where the provisions of this ordinance are in
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direct conflict with the provisions of such ordinances and Code, in which event the
conflicting provisions of such ordinances and Code are hereby repealed.
SECTION 13.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if
any phrase, clause sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 14.
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of the provisions of Chapter 17 of the Kennedale City Code (1992), as
amended, or any other ordinance or code provision affecting oil and gas exploration and
development, zoning and land use which have accrued at the time of the effective date
of this ordinance; and, as to such accrued violations and all pending litigation, both civil
and criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 15.
The City Secretary of the City of Kennedale is hereby directed to publish in the
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official newspaper of the City of Kennedale the caption, penalty clause, publication
clause and effective date clause of this ordinance as provided by Section 3.10 of the
Charter of the City of Kennedale.
SECTION 16.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS ~z DAY OF _ (~TU~`G, 2006.
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APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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