It shall be unlawful for any person to drill a water well or
any type of well for the purposes of extracting oil, gas or any other
mineral from any land within the city.
(1990 Code, sec. 11.1500(a))
(a)
In
a case of extraordinary circumstances representing an emergency or
making it necessary for such a well to be drilled, and prior to the
commencement of drilling, a person may make application to the city
for a drilling permit. The city council shall hold a hearing on such
application and may, after hearing and upon appropriate findings,
authorize the issuance of such a permit. Upon application and hearing,
the applicant shall be required to show that:
(1)
There exists an urgent necessity for the drilling of such well;
(2)
It is impracticable or impossible to obtain the necessary water and
oil, gas or other minerals from other sources and the reasons that
the same is impracticable or impossible;
(3)
The applicant will establish and institute such safety standards
as shall be desirable and necessary to prevent injury to the health,
safety and well-being of the residents, citizens and inhabitants of
the city, and the specific safety standards which the applicant proposes;
(4)
The proposed well will not constitute a breach or violation of the
terms and provisions of any subdivision restrictions or restrictive
land covenants that may be in force and effect;
(5)
The proposed well will not represent a potential hazard to residential
subdivisions or properties in residential use, either adjoining or
abutting the proposed drilling site, either through the emission of
noxious odors, unusual sounds or the erection of large and unsightly
derricks or drilling devices.
(b)
At
the time of hearing, the city council may inquire into such other
circumstances and conditions which it may find to exist which either
justify the issuance of a permit hereunder or which necessitate the
denial of such a permit upon a determination of the likely impact
of such drilling on the health, safety and well-being of the residents,
citizens and inhabitants of the city.
(1990 Code, sec. 11.1500(b))
Nothing herein shall prevent the drilling of necessary wells
by the city or by contractors authorized by the city to do such drilling
for the purposes of providing necessary city services, or by any lawfully
created and existing municipal utility district or other body politic
which may be created from time to time and be charged with the function
of providing city services or services customarily provided by a city.
(1990 Code, sec. 11.1500(c))
