No seismic surveys and any oil, gas, or mineral exploration
activities involving any use of ground vibration equipment or other
destructive or dangerous in nature shall be conducted within the city
except as permitted in this article. Under no circumstances shall
the use of explosive charges be permitted for such activities.
[Ord. No. 1080-07, § 1, 2-27-2007]
(a) Permit
required.
Seismic surveys and any oil, gas, or mineral
exploration activities may be conducted within the city provided a
permit is first obtained from the city as provided herein. All seismic
survey permit applications shall be submitted to the code enforcement
officer, and no permit shall be issued until approved by the code
enforcement officer and the city engineer, or their designees. The
seismic survey shall not begin prior to the issuance of a permit from
the city, regardless of whether an application has been filed.
(b) Permit
requirements.
No such permit shall be granted unless
the applicant shows proof that the applicant holds a valid, existing
lease of mineral property within 200 feet of the property on which
the survey is to be conducted. A permit application shall include,
but is not limited to the following information and material:
(1) The name, phone number, fax number, physical address, and, if available,
e-mail address of the operator and the applicant;
(2) If the operator is a corporation or company, the state of the incorporation
or organization, evidence that the corporation or company is authorized
to do business in the State of Texas, the name, address, and telephone
number of the president or other governing officer or member, and
the registered agent for service of process in Texas; if the operator
is a partnership, the names, addresses, and telephone numbers of all
general partners;
(3) Detailed mapping of each location and anticipated extent of seismic
survey activities to be conducted;
(4) The dates and times such seismic survey activities will be conducted;
(5) A detailed explanation of the seismic survey method to be used on
each such site and on each such occasion; and
(6) The date and time the seismic survey will be completed.
(c) Permit
fee.
The permit fee for a seismic survey on public property shall be as shown in the fee schedule attached as appendix
A to this Code.
[Ord. No. 1080-07, § 1, 2-27-2007]
If all or any part of the seismic survey activities are to be
conducted in any public right-of-way, then the operator must submit
a traffic safety and management plan as required by the public works
department, and provide security in the form of a payment bond or
other security acceptable to the city manager in an amount equal to
any anticipated costs or damages to the city associated with the seismic
survey activities, including but not limited to expenses incurred
by the city in providing any required traffic barricades or city personnel
for traffic management or public works assistance. Further, the operator
shall be liable for and promptly pay for all costs or damages to the
city, anticipated or not, associated with the seismic survey activities,
including but not limited to expenses incurred by the city in providing
any required traffic barricades or city personnel for traffic management
or public works assistance.
[Ord. No. 1080-07, § 1, 2-27-2007]
The issuance of a permit under this article shall not constitute
permission or consent by the city for any person to conduct seismic
survey or other oil, gas, or mineral exploration activities on any
city-owned property, except as expressly permitted on city rights-of-way.
Any seismic survey or other oil, gas, or mineral exploration activities
to be conducted on any city-owned property which is not already subject
to a valid, existing mineral lease may be conducted only after first
obtaining written permission for such activities obtained through
a separate license agreement approved by the city council, which approval
shall be discretionary.
[Ord. No. 1080-07, § 1, 2-27-2007]