Before any oil or gas well may be drilled within the corporate
limits of the city of if any portion of the proration unit is within
the corporate limits of the city, an application for a permit must
be filed with the secretary. A permit must be obtained from the council
before drilling operations begin, and the permit is nontransferable.
(1990 Code, sec. 18-31)
The application for an oil or gas drilling permit required by
this article shall set forth the following information:
(1)
A
copy of the drilling application and a copy of the permit which has
been issued by the railroad commission.
(2)
The
name and address of the operator of the lease.
(3)
A
description of the lease or lands involved in the drilling unit.
(4)
A
plat showing the location of the well, the ownership of the land,
and the offset operator.
(5)
Satisfactory
evidence of liability and property damage insurance as required by
this article.
(6)
Maximum
drilling depth proposed.
(7)
Method
of operation of the proposed well (injection or production).
(8)
A
plat indicating all the surface rights property owners adjacent to
the proposed well.
(9)
The
exact drilling point shall be staked by the applicant prior to inspection
by the oil and gas inspector.
(1990 Code, sec. 18-32)
The fee for an oil or gas well drilling permit required by this
article shall be in the sum established by city council, to be submitted
with the application. If drilling has not commenced within six (6)
months from the date of the permit, another permit will be required
under terms of this section.
(1990 Code, sec. 18-33; Ordinance
adopting Code)
A surety bond shall be filed with the city in the amount of
one hundred thousand dollars ($100,000.00) along with the permit application
for the initial well applied for by an operator. If an operator has
a one hundred thousand dollar bond on file, an additional bond is
not needed for subsequent wells. This bond will be in effect as long
as this operator operates wells inside the city. This bond shall be
in favor of the city and all persons concerned, conditioned that the
permittee will comply with the terms, conditions and requirements
of this article.
(1990 Code, sec. 18-34)
(a)
In addition to the bond required in section 4.08.034, the permittee shall carry a policy or policies of standard comprehensive public liability insurance, including contractual liability covering bodily injuries and property damage, naming the permittee and the city, with an insurance company authorized to do business within the state. Such policy or policies in the aggregate shall provide for the following minimum coverages, and must be filed with the city before any permit hereafter granted shall become effective:
(b)
The
permittee shall file with the city along with the application a certificate
of insurance as above stated. The insurance policy or policies shall
not be cancelled without written notice to the city at least ten (10)
days prior to the effective date of such cancellation. If such insurance
policy or policies are cancelled, the permit granted under such policy
shall cease until the permittee files additional insurance as provided
herein.
(1990 Code, sec. 18-35)
No permit shall be issued by the council to drill any well when:
(1)
The
location for same shall be within a fifty-foot radius of any rights-of-way
of any streets or alleys of the city.
(2)
The
location for same shall be within a two-hundred-foot radius of any
residence, commercial or public structure, unless the application
contains a signed, notarized release from the property owners within
such two-hundred-foot radius.
(1990 Code, sec. 18-36)
(a)
At such time as an application for an oil or gas well drilling permit is filed in the office of the secretary, he shall review such permit and certify that it complies with all the provisions of sections 4.08.032, 4.08.033, 4.08.034, 4.08.035, and 4.08.036 of this article. If it does not comply with all such provisions he shall notify the operator in writing of such fact, and he shall be required to refile such application before any action shall be taken thereon. Once an application has been certified to be complete by the secretary, he shall notify the surface rights property owners adjacent to the proposed drilling site and location of the well not less than ten (10) days prior to a hearing on the permit application. The hearing shall be before the council and shall be scheduled not less than ten (10) or more than thirty (30) days from the date the application is certified by the secretary. At such hearing the council shall hear all evidence that it deems necessary in order to make an informed and equitable decision.
(b)
At
the conclusion of the hearing, and after making such investigation
as the council may deem proper or necessary under the circumstances,
the permit application shall be either approved or denied.
(c)
The
decision of the council shall be final, and in making its decision
it shall, in addition to other considerations, have the power and
authority to refuse any permit to drill any well at any particular
location within the city, where by reason of such particular location
and the character and value of the permanent improvements already
erected on or adjacent to the particular location in question, for
school, hospital, park [or] civic purposes, health reasons, safety
reasons, or any of them, where the drilling of such wells on such
particular location might be injurious or be a disadvantage to the
city or its inhabitants as a whole or to a substantial number of its
inhabitants or would not promote orderly growth and development to
the city.
(1990 Code, sec. 18-37)
Any oil or gas well drilling permit granted by the council shall
be issued by directive of the council and signed by the mayor on a
form provided by the city, and shall be permission to drill such well
in accordance with the application and conditions of the permit and
all the terms and conditions of this article.
(1990 Code, sec. 18-38)
