HomeMy WebLinkAboutOrdinance No. 99-35 r-.
ORDINANCE NO. 9 9—3 5
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS,
AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF
THE CITY OF FRIENDSWOOD, TEXAS, SAID CHAPTER 26
BEING THE ENVIItONMENT ORDINANCES OF THE CITY OF
FRIENDSWOOD, BY AMENDING ARTICLE VII, OIL AND GAS,
BY AMENDING SECTION 26-186 BY ADDING AND ALTERING
CERTAIN DEFINITIONS; BY AMENDING CERTAIN TERMS
THROUGHOUT THE ARTICLE TO CORRECTLY IDENTIFY
ADMINISTRATIVE PERSONNEL AND CORRECT
TERMINOLOGY; TO AMEND SECTION 26-206 TO REQUIRE
ADDITIONAL INFORMATION FOR CONDUITS ON STREETS
AND ALLEYS; TO AMEND SECTION 26-207 TO INCREASE THE
AMOUNTS OF BOND AND INSURANCE REQUIRED;
PROVIDING FOR RELATED SUBJECTS; TO AMEND
SUBSECTION C OF SECTION 26-221 TO REFER TO THE
SETBACK REQUIltEMENTS IN THE SUBDIVISION
ORDINANCE; PROVIDING FOR A PENALTY IN AN AMOUNT
NOT TO EXCEED $2,000 PER DAY OF VIOLATION; AND
PROVIDING FOR SEVERABILITY.
* * * * *
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS:
Section 1. Chapter 26 of the Code of Ordinances of the City of Friendswood,
Texas, said Chapter 26 being the Environment Ordinances of the City, Section 26-186,
definitions, shall be and is hereby revised and amended by adding the following definitions:
Low-pressure distribution svstem means a distribution svstem in which the as
pressure in the main is substantiallv the same as the pressure provided to the customer.
Main means a distribution line that serves as a common source of suppl,y for more
than one service line.
Oil and Gas Inspector means the Citv of Friendswood Fire Marshall or such other
individual as Council or the Fire Marshall ma,� nate.
Oil and Gas Amendments
11/22/99
Page 1
Pipeline or pipeline system means all parts of a pipeline facilit�gh which gas,
hazardous liquid or carbon dioxide moves in transportation, including, but not limited to,
line �ipe, valves and other appurtenances connected to line pipe, compressor units.
pumpin� units, fabricated assemblies associated with compressor units, pumping units.
meterin� and deliverv stations, holders, and fabricated assemblies therein and breakout
tanks, including but no limited to trunkline pinelines and at� hering lines as defined in this
section.
Section 2. Chapter 26 of the Code of Ordinances of the City of Friendswood,
Texas, said Chapter 26 being the Environment Ordinances of the City, Section 26-186,
definitions, shall be and is further revised and amended by deleting the following language
from the definition of trunxline pipeline:
[office of the county clerk of Galveston County, the phrase "gathering
lines" as used in this article means all pipelines operated as an incident to
the development and operation of oil andlor gas fields and secondary
recovery projects; and the word "pipeline" whenever and wherever used in
this article as a part of the preceding phrases shall mean trunkline pipelines
and gathering lines as defined in this section.]
and replacing it with the following:
Office of the County Clerk.
Section 3. Chapter 26 of the Code of Ordinances of the City of Friendswood,
Texas, said Chapter 26 being the Environment Ordinances of the City, shall be and hereby
is amended by making the following amendments to various sections of Division 2 of
Oil and Gas Amendments
11/22/99
Page 2
. • , . , "' �' , � , � .
Chapter 26, as identified below, to correct administrative terms and make other clerical
corrections:
A. Section 26-186 is amended by substituting the word � in the phrase "[in]
this section."
B. Section 26-188 is amended by changing the word "person" in the first line
to "person�" and replacing [city council] with Citv Mana�er.
C. Section 26-189(c) is amended by deleting the phrase [city council, at any
regular or special session or meeting thereofJ and replacing it with City Community
Development Director; deleting [at such meeting,]; deleting [city council] and replacing it
with Citv Community Development Director; and deleting [Except under such] and
replacing it with Under.
D. Section 26-200 GeophysicaUseismic operations. No geophysicaUseismic
operation shall be performed within the corporate city limits without a permit. Such
permit shall be granted by the City Council. Applications for a geophysicaUseismic permit
shall be submitted to the City Secretary.l
E. Section 26-�201(a) is amended by deleting [city council] and replacing it
with Citv Communitv Development Director.
F. Section 26-201(c) and (e) are amended by deleting [trunkline].
G. Section 26-201(d) is amended by deleting the word "the" in the
parenthetical contained in the last sentence: "(provided however, that [the] a
subsequent....)".
Oil and Gas Amendments
11/22/99
Page 3
H. Section 26-202(a) is amended by deleting the word [trunkline] from the
first sentence; and is further amended by deleting [city secretary] and replacing it with C�
Communit,y Development Department.
I. Section 26-202(b) is amended by deleting the word [trunkline] from the
first sentence, and from subsection(4).
J. Section 26-202(b)(4) is further amended by adding and distribution to the
parenthetical phrase, following"gathering."
K. Section 26-202(b)(7) is amended by deleting [explanationof operating
pressures of all pipelines and facilities] and replacing it with design drawings certified b,�
Registered Professional Engineer licensed in the State of Texas alon�;with all basic desi�n
criteria for the�ipeline.
L. Section 26-202(b)(10) and (11) are amended by changing "specification"
and"size" to the plurals.
M. Section 26-202(b)(12) is amended by deleting [state railroad commission]
and replacing it with Texas Railroad Commission.
N. Section 26-202(b), the final paragraph, is amended by deleting [city
council] and replacing it with Citv Community Development Director.
O. Section 26-203(a)(1) is amended by deleting the following language:
[considered by the city council at its ne� regularly scheduled meeting, provided that if
such application is received less then four days before the meeting date, such application
shall be considered at the second regularly scheduled meeting following its receipt.] and
replacing it with: submitted to the City Community Development Department.
Oil and Gas Amendments
11/22/99
Page 4
P. Section 26-203(a)(2) is amended by deleting [The council] and replacing it
with The Oil and Gas Inspector.
Q. Section 26-203(a)(3) is amended by deleting [and approval is given, the
city council] and replacing it with , the Cit,�mmunit,y Development Department.
R. Section 26-203(b)(2) is amended by deleting [trunkline].
S. Section26-203(b)(6) is amended by deleting [deternuned by the city council
or has complied with the bond and insurance provisions of this article] and replacing it
with as defined in section 26-207.
T. Section 26-203(b), the last unnumbered paragraph, is amended by deleting
[city council, shall be signed by the city secretary,] and replacing it with Citv Community
Development Director.
U. Section 26-203(c) is amended by deleting [city council] and replacing it
with Citv Communitv Development Department.
V. Section 26-203(d) is amended by deleting [oil and gas inspector] from the
third line and replacing it with Cit,y Community Development De�partment; deleting
[inspector] from the second sentence and replacing it with Oil and Gas Inspector; and
deleting [city secretary] and replacing it with Citv Community Development Department;
and deleting [by the inspector] at the end of the second sentence.
W. Section 26-204 is amended by deleting [city council] and replacing it with
City Community Development Department.
X. Section 26-205(a) is amended by deleting [city secretary] and replacing it
with City Community Development Department.
Oil and Gas Amendments
11/22/99
Page 5
�
� � . --.,. � � .
Y. Section 26-205(b) is amended by deleting [city secretary] and replacing it
with City Community Development Department, in the first line; and deleting [or at the
next regular council meeting thereafter,].
Z. Section 26-206(a) is amended by deleting [city secretary] and replacing it
with Citv Community Development Department.
AA. Section 26-206(b) is amended by deleting [to at least two times the design
pressure of USAS code; whichever is greater, prior to being placed in service] and
replacing it with in accordance with the current Texas Railroad Commission Re,.�,ulations
in accordance with the a�propriate�ipeline codes.
BB. Section 26-206(c) is amended by deleting [an] and [plot] and [showing the
location, operating pressure, depth and size of all their], and replacing the last deleting
with drawin�s, alon� with desi�n data showing test pressure, cathodic protection details.
pipe size, wall thickness; type of pipe, operatin�pressure, depth, monitorin�equipment,
and control svstem details for all their; and is further amended by adding this sentence at
the end of the subsection: Such information shall be supplied in the formats as prescribed
bv the Citv En i�neer. The requirements of this section shall not apply to those pipelines
within a mineral lease used for gathering, injection, or other such lines associated with oil
and/or gas production.
CC. Section 26-206(d) is amended by deleting [USAS] from the first sentence,
and deleting the entire second sentence which provides: [The oil and gas inspector is
authorized to approve a lesser cover or specify a greater cover of backfill in special cases
where in the opinion of the oil and gas inspector such variation is advisable and/or will not
increase the degree of hazard.]
Oil and Gas Amendments
11/22/99
Page 6
DD. Section 26-206(e) is amended by deleting [city council or from such
officials as the city council may designate.] and replacing it with Citv CommunitX
Development Department.
EE. Section 26-206(� is amended by deleting [director of public works] and
replacing it with Citv Communitv Development Department.
FF. Section 26-207(c) is amended by deleting [city council] and replacing it
with City Mana�er in the first paragraph, and subparagraph(3).
GG. Section 26-208 is amended by deleting [oil and gas inspector and the city
council or from such official as the city council may designate and then only temporarily.]
and replace it with CitX Community Development Director.
Section 4. Chapter 26 of the Code of Ordinances of the City of Friendswood,
Texas, is hereby amended by amending Section 26-207, Bond and insurance; required
amounts, by amending subsection (a) thereof to delete [city council or the oil and gas
inspector] and replace it with City Community Development Department; to delete
[trunkline]; to delete [such amount as may determined by the city council, but not to be
less than $25,000.00] and replace it with $500,000.00 shall be executed by a reliable
insurance company. The last sentence of this subsection is further amended by deleting
[city council] and [it], and replacing them both with Citv Mana�.
This subsection is further amended by deleting [city council] and [trunkline] from
the next paragraph; as well as deleting the figure of [$15,000.00] and replacing it with
$100,000.00.
Subsection b of Section 26-207 is amended by deleting the figures of
[$100,000.00] and [$300,000.00] from subparagraph (b)(1), and replacing them with the
Oil and Gas Amendments
11/22/99
Page 7
figures of $2,000,000.00 and $5.000,000.00, respectively. This subsection is further
amended by deleting the figure of[$200,000.00] from subparagraph(b)(2) and replacing it
with $5,000,000.00. Subparagraph (b)(3) is amended by deleting the figures of
[$100,000.00] and [$300,000.00] and replacing them with the figures of $2,000,000.00
and $5.000.000.00, respectively. Subparagraph (b)(4) is amended by deleting the figure of
[$200,000.00] from subparagraph(b)(2) and replacing it with $5,000,000.00.
Section 5. Chapter 26 of the Code of Ordinances of the City of
Friendswood, Texas, said Chapter 26 being the Environment Ordinances of the City, shall
be and hereby is amended by making the following amendments to various sections of
Division 3 of Chapter 26, as identified below, to correct administrative terms and make
other clerical corrections:
A. Section 26-221(a) is amended to delete [city council], which appears twice,
and replace it in both instaaces with City Community Develo,pment Department.
B. Section 26-221(b) is amended to delete [trunkline] and insert except low-
pressure distribution system pipelines as defined herein following "pipeline" in the first
sentence; to delete [40] and replace it with 50; and to delete [without the applicant having
first secured the written permission of the city council.].
C. Section 26-221(c, is hereby amended by deleting,, the following lan�ua�;e in
its entiretv: [...ten feet to any pipeline easement or, if there is no pipeline easement,
within 40 feet of any pipeline transporting flammable material when the operating pressure
is greater than 250 pounds per square inch (psi) unless a greater or lesser distance is
required by the then applicable USAS code.] and replacing it with: the distance required
under the city's subdivision ordinance, as it mav be modified or amended.
Oil and Gas Amendments
11/22/99
Page 8
D. Section 26-221(e) is amended to delete the final sentence which reads:
[The type and design of any muf�ler or muf�ler box shall be approved by the
administrator.].
E. The second paragraph of Section 26-221(� is amended to delete the
following language [provided, further, that any production equipment located 1,000 feet
or more from the nearest occupied dwelling(except a dwelling occupied in connection
with such oil field operations)].
F. Section 26-221(h)(2) is amended to change the hours of operations by
deleting [10:00] and replacing it with 9:00; and to add without the written permission of
the Oil and Gas Inspector at the end of the sentence. The final paragraph of this
subsection is amended by deleting [are satisfactory and comply with the intent ofJ and
replacing it with offered are, for the purposes intended, at least the equivalent of that
prescribed by; and deleting [are, for the purposes intended, at least the equivalent of that
prescribed by this section in].
G. Section 26-221(j) is amended by deleting [city council] and replacing it
with Cit,��; and deleting the last two sentences of the section which read: [The
decision of the city council on the appeal shall be final. In granting relief from the
provisions of this section, the city council may impose such other reasonable conditions as
it may deem appropriate to carry out the intent of this seciton.]
H. Section 26-221(k) is amended by deleting it in its entirety: [The city council
shall have authority, upon proper application, to grant the permission provided for by this
section.]
Oil and Gas Amendments
11/22/99
Page 9
. ^ --- . .
I. Section 26-222 is amended by deleting [rig types prohibited; watchmen]
from the caption and replacing it with�.
J. Section 26-223 is amended by deleting [required] from the caption; and
deleting [state railroad commission] and replacing it with Texas Ra.ilroad Commission.
K. Section 26-224 is amended by deleting [; called inspections; practices and
standards] from the caption.
L. Section 26-224(a) is amended by deleting [state railroad commission] and
replacing it with Texas Railroad Commission.
M. Section 26-224(b) is amended by deleting [or USAS code where such law
is not applicable, and the standards of performance of a reasonable and prudent operator]
and replacing it with: or a�plicable code.
N. Section 26-224(c) is amended by deleting [law, but not less than two times
the design pressure] and inserting codes; and by adding at the end of the section: and as
�proved bv the Oil and Gas Inspector. Such approval shall not be unreasonably withheld.
O. Section 26-224(e) is amended by deleting [USAS] and replacing it with
applicable; and by deleting [and the removal of any pipeline marker without the express
permission of the oil and gas inspector shall constitute a violation of the provisions of this
article].
P. Section 26-224(� is amended by rewording it to read: Desi�n of pipelines
crossing certain thoroughfares shall be subject to the approval of the Citv Community
Development Director., and deleting [designated by the oil and gas inspector shall be
cased and vented in accordance with accepted practices of the pipeline industry.] Such
approval shall not be unreasonably withheld.
Oil and Gas Amendments
11/22/99
Page 10
�
Q. Section 26-224(� is amended by deleting [state railroad commission and
the state water quality control board] and replacing it with Texas Railroad Commission
and Texas Natural Resource Conservation Commission(TNRCC).
R. Section 26-224(m) is amended by deleting [inspector] and replacing it with
Oil and Gas Inspector.
S. Section 26-224(n) is amended by deleting [inspector] and replacing it with
Oil and Gas Inspector; and deleting [12] and replacing it with 48.
T. Section 26-224(n)(2) is amended by deleting [inspector] and replacing it
with Oil and Gas Inspector.
U. Section 26-224(n)(4) is amended by deleting [state railroad commission]
and replacing it with Texas Railroad Commission.
V. Section 26-226 is amended by deleting [; types; requirements] from the
caption.
W. Section 26-226(3) is amended by deleting [inspector] and replacing it with
Oil and Gas Inspector.
X. Section 26-227 is amended by deleting from the caption: [Fences required;
locking gates;] and inserting Site security and.
Y. Section 26-227(a) is amended by deleting the phrase [sight-pleasing,] from
the second sentence.
Z. Section 26-228 is amended by deleting [; escape of gas; burning; flaring;
general requirements] from the caption.
AA. Section 26-228(a) is amended by deleting [well upon the original
completion or upon the recompletion of workover jobs upon oil and/or gas].
Oil and Gas Amendments
11/22/99
Page 11
. � --�- , . � . ' .
BB. Section 26-228(b) is amended by capitalizing Oil and Gas Inspector in the
first sentence; and by deleting [fire department] and replacing it with Oil and Gas
Inspector.
CC. Section 26-228(c) is amended Section 26-224(m) is amended by deleting
[inspector] and replacing it with Oil and Gas Ins�pector .
DD. Section 26-229 is amended by deleting [required] from the caption and
replacing it with requirements; and by adding per the Texas Railroad prior to the word
"Commission".
Section 6. Except as otherwise herein expressly amended, all other provisions
of Appendix C of the Code of Ordinances of the City of Friendswood, Texas, said
Appendix C being the Zoning Ordinance of the City, Ordinance No. 84-15, originally
adopted the 19"' day of November, 1984, as it may have been previously amended, remain
unchanged and in full force and effect.
Section 7. Any person who shall violate any provision of this Ordinance sha11 be
deemed guilty of a misdemeanor and, upon conviction, sha11 be fined in an amount not to
exceed$2,000. Each day of violation shall constitute a separate offense.
Section 8. In the event any clause phrase, provision, sentence, or part of this
Ordinance or the application of the same to any person or circumstances sha11 for any
reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it
shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision
hereof other than the part declared to be invalid or unconstitutional; and the City Council
of the City of Friendswood, Texas, declares that it would have passed each and every part
Oil and Gas Amendments
11/22/99
Page 12
, ---�- .._.. , ' . , .. � .
of the same notwithstanding the omission of any such part thus declared to be invalid or
unconstitutional, whether there be one or more parts.
PASSED AND APPROVED on first reading this 18thday of_october ,
1999.
PASSED, APPROVED, and ADOPTED on second and final reading this 15th
day of November 1999.
Harold L. Whitaker
Mayor
ATTEST:
� �
Deloris McKenzie, RM
City Secretary
MOTION: COUNCILMED'IBER KIM BRIZENDINE
2ND: COUNCILMEMBER KITTEN HAJECATE
APPROVED: Unanimously
Oil and Gas Amendments
11/22/99
Page 13