[Code 2005 § 66-31]
The decisions of the City Manager, the City engineer or any
other representative of the City pursuant to this article shall be
made in accordance with uniform City standards.
[Code 1974 § 5-112; Code 1985 § 18-1;
Code 2005 § 66-32]
No pipelines, equipment, appliance or any structure under this
article shall be laid, constructed, erected, maintained or permitted
to remain in, on or under any street, alley or public way, unless
a permit to do so first is obtained from the City Manager. Written
application shall be made for such permit setting forth the nature
of the work proposed to be done and also the applicant shall submit
a plat or sketch drawing reflecting the location of improvement. All
work involving the laying, constructing and maintaining of pipelines
in any street or alley or public way shall be performed according
to the provisions of all applicable federal standards.
[Code 1974 § 5-108; Code 1985 § 18-2;
Code 2005 § 66-33]
A.
An oil or gas well or disposal well shall be cased and casing cemented
from the top of the well hole to a depth of 750 feet. If such casing
is not cemented during the drilling of such well, it shall be cemented
within five days of commencement of actual drilling operation.
B.
In the event no surface pipe is set, a staging collar shall be put
into the production pipe at a depth of at least 50 feet but not more
than 500 feet below the base of the freshwater bearing sands with
cement slurry being pumped through the staging collar and circulated
to the surface. An "umbrella" or equivalent equipment must be placed
below the staging collar, and centralizers shall be put on the production
pipe within the range of freshwater bearing sand every 200 feet.
C.
In the event the hole is dry and to be abandoned, a cement plug must
be placed in the hole from the ground surface to a depth of 50 feet
below the base of the freshwater bearing rocks.
D.
The permittee shall notify the City Manager at least 24 hours prior
to running the pipe for such work for the purpose of permitting the
City Manager or other authorized representative of the City to inspect
such pipe for the location, and at least two hours and not more than
three hours before commencing procedure to cement such pipe, the City
Manager shall be notified thereof in order that a representative of
the City may observe such procedure. No pipe shall be used unless
approved by the City Manager or other authorized representative of
the City and the cementing of such pipe shall be done in the presence
of such representative and approved by him.
[Code 1974 § 5-109; Code 1985 § 18-3;
Code 2005 § 66-34]
Electric power motors only shall be used for pumping units for
oil or gas well or disposal wells.
[Code 1974 § 5-110; Code 1985 § 18-4;
Code 2005 § 66-35]
Any damage to paving, sidewalks, streets, alleys, curbing, parking,
sewers or other public property arising out of any work relating to
an oil, gas or disposal well shall be repaired immediately by the
holder of the permit for such well, and such repairs shall be made
in accordance with requirements of the City Manager or City engineer
and under his supervision.
[Code 1974 § 5-111; Code 1985 § 18-5;
Code 2005 § 66-36]
No noxious fumes, gases, oil or any substance of any nature
shall be permitted to escape from the location of any oil, gas or
disposal well.
[Code 1974 § 5-113; Code 1985 § 18-6;
Code 2005 § 66-37]
All pumps, tanks and equipment used in the operation of a completed
oil, gas or disposal well shall be enclosed on all sides by a chainlink
fence which shall be six feet high with steel posts and with four
strands of barbed wire above the fence. During drilling operations,
a watchman shall be maintained on the premises at all times who shall
be charged with the responsibility of protecting the general public
from any hazard resulting from the conduct of such drilling operations;
if such watchman shall not be employed, then the entire well location
shall be fenced as in the operation of a completed well.
[Code 1974 § 5-114; Code 1985 § 18-7;
Code 2005 § 66-38]
The permittee, upon request and within 15 days thereof, shall
furnish the City copies of any and all reports to governmental agencies
and other instruments, reports, papers or information desired relating
to the oil, gas or disposal well for which permit has been granted.
[Code 1974 § 5-115; Code 1985 § 18-8;
Code 2005 § 66-39]
All oil or gas production tanks shall be surrounded by earthen
dikes of sufficient height so as to contain a capacity of fluid equal
to 150% of the capacity of such tanks.
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Subdivision I. Permit
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[Code 1974 § 5-100; Code 1985 § 18-21;
Code 2005 § 66-71]
It shall be an offense for any person to drill, operate, maintain
or abandon any oil and/or gas wells or disposal wells within the City,
or to work upon or assist in any way in such work, unless a permit
for such work is authorized by the Board of Commissioners.
[Code 1974 §§ 5-101, 5-102; Code 1985 § 18-22;
Code 2005 § 66-72; Ord. 10-06-15-04. 10-06-2015]
A.
A permit shall be issued pursuant to this article only to the owners
of the oil and gas leasehold interest and every applicant for such
permit shall, at least 30 days prior to the proposed commencement
of such work, file a written application addressed to the Board of
Commissioners for such permit and such written application shall contain
the following information:
(1)
The name and address of each owner of an interest in the oil and
gas lease under which such well is to be drilled or work is to be
done.
(2)
The name and address of the person in charge of the operation and
maintenance of such well.
(3)
The name and address of the person in charge of the work to be done
under such permit.
(4)
The exact location of such proposed well.
(5)
If such proposed well is to be drilled and operated under a written
pooling agreement of several leasehold estates, such area to be pooled
shall be set forth and described.
(6)
A list of names and last-known mailing addresses of all surface owners
located within 300 feet of the boundaries of the well site. Such list
to be attached to the application as Exhibit "A" and signed by an
attorney at law on behalf of the applicant.
(7)
That the owners of the leasehold interest and persons in charge of
the drilling, operation, maintenance and work of such proposed well
are familiar with the ordinances of the City and will abide by the
provisions thereof.
(8)
A statement describing all pollution prevention equipment to be utilized.
(9)
Location of all mud pits along with a statement that all mud pits
will be metal and portable.
B.
The applicant shall attach to his application exhibits reflecting
the following:
(1)
Exhibit "A." A list of names and last-known addresses of all surfaces
owners located within 300 feet of the boundaries of the well site,
signed by an attorney at law.
(2)
Exhibit "B". A plat with detailed, scaled dimensions of the proposed
well location, lot and property lines reflecting structures within
300 feet of such well site, with notation or reference thereon to
the surface owner of all such property as reflected by Exhibit "A."
(3)
Exhibit "C". A dimensioned drawing of the proposed well site reflecting
proposed well location of drilling, rig, motors, tanks and other principal
equipment to be used in the drilling, maintenance and operation and
other work of such well with reference being made to the property
lines and structures (nature of structures being noted) located within
100 feet of such well site.
[Code 1974 § 5-103; Code 1985 § 18-23;
Code 2005 § 66-73]
A.
Every applicant at the time of filing his application for a permit
required by this article shall also submit a bond in favor of the
City in the amount of $50,000. The bond shall be executed by the applicant
and a corporate surety authorized to do business within the state
and conditioned that the applicant shall:
(1)
Pay the City, and discharge any liability imposed by law upon it,
on account of injury to property, private or public, or person, including
death, received or suffered by the City or any other person resulting
directly or indirectly and however remote from the drilling, operation,
maintenance, abandonment or any other work relating to the well.
(2)
Defend the City, and hold it free and harmless of all judgments,
fees and expenses incident thereto, from all claims and causes of
action arising out of the granting of such permit and the drilling,
operation, maintenance and abandonment of the well.
(3)
Pay to any resident or property owner of the City any increase in
insurance premium occasioned by the drilling, maintaining, operating
or abandoning of the well.
(4)
Pay all fees and sums due the City under this article and comply
and abide by the ordinances of the City and laws of the state, and
should fail to do so, applicant to pay all costs and expenses incident
for a determination by trust or otherwise, whether such failure to
comply with such ordinances and laws has resulted in any damage to
the City or others, and if so, pay the expense and costs of correcting
such condition created by such failure and all damages resulting therefrom.
B.
The Board of Commissioners may increase or reduce the amount of such
bond required at or after the issuance of such permit.
C.
In case any bond required in this section shall lapse or become void
for any reason whatsoever, the permit issued under the terms of this
article shall immediately become inoperative and void until a new
bond shall be provided and filed with the City Clerk or the existing
bond reinstated in full force, and such well shall be shutdown and
all operations and production thereof suspended and discontinued until
the filing of such new bond or reinstatement of such existing bond.
D.
In lieu of the bond required in A of this section, the Board of Commissioners
may accept an irrevocable letter of credit containing such terms as
may be prescribed by the City for the benefit of City issued by a
financial institution insured by the Federal Deposit Insurance Corporation
or the Federal Savings and Loan Insurance Corporation in lieu of such
bonding requirement.
[Code 1974 § 5-104; Code 1985 § 18-24;
Code 2005 § 66-74]
Each applicant for the permit required by this article shall
submit with his written application a copy of a policy of insurance
in the amount of at least $500,000 insuring the applicant and the
City against all claims or causes of action made against either or
both the applicant and City for damages to persons or property arising
out of the drilling, maintenance, operation, production and other
work done with respect to the proposed oil and gas well.
[Code 1974 § 5-105; Code 1985 § 18-25;
Code 2005 § 66-75; Ord. 10-06-15-04. 10-06-2015]
A.
Upon the filing of an application, the Board of Commissioners shall
cause notice of such application to be published in two consecutive
weekly issues of a weekly newspaper having a general circulation within
the City. The notice shall state the name of the applicant, the proposed
location of such well, and the date and place of the hearing of the
Board of Commissioners at which time and place the application shall
be considered. Such notice shall also be mailed by the City to all
property owners identified on Exhibit "A" to the Application not less
than 10 days prior to such hearing.
B.
The hearing on the application shall be at least 10 days after the
date of first publication of such notice. Upon hearing such application,
the Board of Commissioners may authorize the City Clerk to issue the
permit for the drilling, operation and maintenance of such well.
C.
Premises Maintenance. The premises upon which any oil, gas or disposal
well is drilled, operated, or maintained shall be kept free of all
accumulations of vegetation, rubbish, litter, unused equipment, or
discarded materials, and other wastes in so far as the same may be
reasonably done in the conduct of operations covered by this article.
D.
Premises Restoration. All lands upon which a drilling operation is
or has been operated shall, within a six month time period following
cessation of operations, be returned, as nearly as practicable, to
the previous original topography and natural state unless the applicant
has paid damages for removal for anything other than ground cover,
in which case the applicant must, in lieu of returning the land to
its natural state and topography, provide ground cover in the interest
of abating erosion thereof.
[Code 1974 § 5-106; Code 1985 § 18-26;
Code 2005 § 66-76]
Every applicant granted a permit pursuant to the provisions
of this article shall, upon such permit being granted, pay a fee in
the amount established by resolution to the City and an annual amount
established by resolution, payable within 30 days after each anniversary
date of the permit; provided, however, that the Board of Commissioners
may reduce or increase such fee for any second or subsequent permit
after the first annual permit.
[Code 1974 § 5-107; Code 1985 § 18-27;
Code 2005 § 66-77; Ord. 10-06-15-04. 10-06-2015]
A.
No new wellbore shall be located within 100 feet of any existing
property lines, nor within 75 feet of any dedicated right of way for
public street, highway or nearest rail or any operating railway rights
of way.
B.
No new wellbore shall be located within 300 feet of any existing
residential dwelling unit or within 300 feet of any existing non-residential
building, unless applicant has secured the written permission of the
owner of such units or buildings. In no event, shall such wellbore
be located within 100 feet of any such existing residential building
unit or existing non-residential building.
C.
No new wellbore shall be located within 660 feet of any existing
public school or hospital building unless applicant has secured the
written permission of the school district or hospital administrator.
In no event, shall such wellbore be located within 300 feet of any
existing public school or hospital building.
D.
No new wellbore shall be located within 300 feet of building with
an occupancy classification Assembly Group A, Educational Group E,
or Institutional Group I as defined in the International Fire Code.
[Code 1974 § 5-116; Code 1985 § 18-28;
Code 2005 § 66-78; Ord. 10-06-15-04. 10-06-2015]
In the addition to the conditions contained herein, the following
additional conditions and requirements are adopted:
(1)
Once a well is placed in production, operations which are placed
upon the pump shall be powered by electricity.
(2)
All permanent equipment shall be painted, where possible, and kept
in a neat condition.
(3)
All production operations shall be as free from noise as possible
with modern operations.
(4)
All power operations other than drilling and pulling units shall
be only by means of electrical power, which shall not be generated
from the drilling site.
(5)
All completion and routine maintenance will be don during daylight
hours unless in an emergency situation.
(6)
No sign shall be constructed, erected, maintained, or placed on the
premises or any part thereof, except those required by law or this
Code to be displayed in connection with the drilling, maintenance
or operation of the well.
(7)
Applicant shall file with the City an emergency response plan, which
shall set forth the appropriate emergency measures applicant intends
to enact in the event of an event which threatens the health, safety
or welfare of the public or environment.
