It shall be unlawful for any person acting either for himself/herself
or acting as the agent, servant, employee, or independent contractor
of any other person to commence to drill or to operate any well within
the city or to work upon or assist in any way in the prosecution or
operation of any such well without a permit for the drilling and operation
of such well having first been issued by authority of the city council.
(Ordinance 426, sec. XXVIII, adopted 9/18/08)
(a)
Every
application for a permit to drill and operate a well shall be in writing
and signed by the applicant or by some person duly authorized to sign
the same on his/her behalf, which application shall be filed with
the city administrator. No application shall request a permit to drill
and operate more than one (1) well.
(b)
The
application shall contain full information, including the following:
(1)
Date of application;
(2)
Name and address of the applicant;
(3)
Proposed site of the well, accompanied by a plat of the drilling
unit showing the descriptions of the lots, blocks or tracts owned
or controlled by the applicant. Such plats shall be prepared by a
registered public surveyor of the state;
(4)
Name(s) of the surface and mineral owner(s);
(5)
Names and addresses of the lease owner(s);
(6)
A brief description of the land;
(7)
Type of drilling rig;
(8)
Whether the well shall be drilled as an oil or gas well;
(9)
Proposed depth of well;
(10)
Motive power of the rig that is to be used;
(11)
Fencing and landscaping plan; and
(12)
Noise survey.
(c)
The
application must contain proof of a valid certification from the state
railroad commission or its successor.
(Ordinance 426, sec. XXIX, adopted 9/18/08)
Every application for a permit to drill and operate a gas or oil well shall be accompanied by filing a fee in cash as provided for in the fee schedule found in appendix A to this code. In addition, there shall be an annual fee per well commencing on the first anniversary of the permit issuance date of every application. A permit for a disposal well for salt water or other fluids or substances shall be accompanied by a filing fee and the annual fee as provided for in the fee schedule found in appendix A to this code.
(Ordinance 426, sec. XXX, adopted 9/18/08)
The city council shall have the authority to refuse any application
for a permit when by reason of the location of the proposed well and
the character and value of the permanent improvements already erected
on the drilling unit in question or adjacent thereto, or the use to
which the land and surroundings are adapted for public or civic purposes,
or for sanitary reasons, the drilling of any well would be injurious
or a disadvantage to the health, safety, morals or welfare of the
city or its inhabitants.
(Ordinance 426, sec. XXXI, adopted 9/18/08)
(a)
Within
thirty (30) days after the filing of the application for a permit
to drill and operate a well, the city council shall determine whether
the application complies with the provisions of this article and,
if it does, shall fix the amount of the principal of the bond required
by this article. After such determination, the city council shall
issue a permit for the drilling and operation of the well described
in said permit.
(b)
Each
permit issued under this article shall:
(1)
Have incorporated therein by reference all provisions of this article
with the same force and effect as if this article were copied verbatim
in the permit;
(2)
Specify the location of the well with particularity as to lot number,
block number, name of addition or subdivision or other available correct
legal description;
(3)
Specify that the term of such permit shall be for a period of six
(6) months from the date of the permit and for as long thereafter
as the permittee is engaged in contiguous [continuous] drilling [or]
reworking operations or oil and gas is produced from the well in commercial
quantities. Provided, however, if at any time after discovery of oil
or gas the production thereof in commercial quantities shall cease,
the term of the permit shall not terminate if the permittee commences
additional reworking operations within six (6) months thereafter and
if such reworking operations result in the production of oil or gas
from said well in commercial quantities;
(4)
Specify such conditions as are by this article authorized;
(5)
Specify the total depth to which the well may be drilled; and
(Ordinance 426, sec. XXXII, adopted 9/18/08)
Each permit shall be prepared in duplicate originals and shall
be signed by the city secretary and by the permittee prior to the
delivery of such permit to the permittee. One (1) original shall be
retained by the city and the other delivered to the permittee. When
such permit is signed by both parties, it shall constitute the permittee’s
drilling and operating license and the terms of such permit, such
bond and this article.
(Ordinance 426, sec. XXXIII, adopted 9/18/08)
If the permit for the well shall be refused by the applicant
and [the applicant] notifies the city council in writing that he/she
does not elect to accept the permit as tendered and wishes to withdraw
the application, or if the bond of the applicant is not approved or
if the applicant notifies the city council in writing that he/she
wishes to withdraw the application, then upon the happening of any
said events the case [sic] deposit provided for to be filed with the
application shall be returned to the applicant, except that there
shall be retained therefrom by the city one thousand dollars ($1,000.00)
as a processing fee plus any expenses incurred by the city in the
investigation of the proposed well with regard to safety issues or
groundwater pollution issues.
(Ordinance 426, sec. XXXIV, adopted 9/18/08)
A permit to drill and operate a well shall be issued only to
the holder of a valid oil or gas lease.
(Ordinance 426, sec. XXXV, adopted 9/18/08)
Any permit for the purpose of drilling and operating a well
granted by the city shall not be transferable.
(Ordinance 426, sec. XXXVI, adopted 9/18/08)
When a permit to drill and operate a well is issued, the same
shall terminate and become inoperative without action on the part
of the city unless within six (6) months from the date of the issuance
of such permit actual drilling of the well designated therein shall
have commenced. The cessation for a like period of the drilling or
reworking operations, or the cessation of the production of oil or
gas from the well after production shall have commenced, shall operate
to terminate and cancel the permit, and the well shall be considered
as abandoned for all purposes under this section. It shall be unlawful
thereafter to continue the operation or drilling of such well without
the issuance of another permit.
(Ordinance 426, sec. XXXVII, adopted 9/18/08)
