SECTION:
3-8-1: Definition of Person
3-8-2: Permit Required
3-8-3: Application for Permit; Fee
3-8-4: Notice of Filing Application; Hearing
3-8-5: Multiple Applicants for Same Reservoir
3-8-6: Land Interest Provisions; Royalties
3-8-7: Refusal or Issuance of Permit
3-8-8: Bond and Insurance Requirements
3-8-9: Inoperative Permits; Cancellation
3-8-10: Use of Public Ways
3-8-11: Operators
3-8-12: Rules of Operation
3-8-13: Acreage and Well Limitations
3-8-14: Exclusions from Provisions
3-8-15: Violation and Penalties
From and after the effective date hereof, it shall be unlawful for any person to drill or commence to drill a well for oil or gas within the limits of the City or to work upon or assist in any way the prosecution of drilling of any such well, except as provided in Section 3-8-14 of this Chapter, unless a permit for the drilling, completion and operation of such well has first been issued by authority of the Board of Commissioners of the City to the permittee in accordance with the provisions of this Chapter. (Ord. 587, 7-1-75)
A. General Application: An application for a permit to drill, complete and operate a well for oil or gas shall be in writing, signed by the applicant or by some person duly authorized to sign on his behalf.
B. Fee: The application shall be filed with the City Secretary and accompanied with a deposit of one thousand five hundred dollars ($1,500.00) cash as a fee to the City.
C. Acreage Designations: If the application is for a permit to drill an oil well, the application shall be accompanied by a plat designating a forty (40) acre oil unit. If the application is for a permit to drill a gas well, the application shall be accompanied by a plat designating a three hundred twenty (320) acre gas unit. If the application is for a permit to drill a well which may be multiple-completed, i.e., one or more completions as anticipated oil completions, the application shall be accompanied by a plat designating both a forty (40) acre oil unit(s) and a three hundred twenty (320) acre gas unit(s). Each such unit shall consist of contiguous acreage and shall be in as nearly the shape of a square or a rectangle as is reasonably practical, taking into consideration, however, such matters as existing property and lease lines, boundaries of previously designated oil or gas units, natural boundaries, availability of drill sites and other pertinent factors. None of the acreage included in an oil unit shall have previously been included in a prior oil unit which has been designated under the provisions hereof and none of the acreage included in a gas unit shall have previously been included in a prior gas unit which has been designated under the provisions hereof. Issuance of the permit shall constitute approval of each such designation of unit, and the City Secretary shall maintain a map of the City showing designated oil units and designated gas units.
D. Maps, Leases and Contracts: Each such application shall state the particular lot and location in the unit where the proposed oil or gas well is to be located and shall have attached to it a description of the oil and gas leases or drilling contracts with the owners of land covering the lots, blocks or tracts in said drilling unit over which the applicant has control of oil rights or gas rights, to the end that the application will show what proportion and what parts of the drilling unit the applicant owns in fee or holds under lease or drilling contract from the owners. The application shall also be accompanied by a plat or map of the drilling unit, showing the designation of the lots, blocks or tracts owned or controlled by the applicant and showing the proposed site of the well. (Ord. 587, 7-1-75)
Notice of the filing of each application for permit shall be given by the applicant as follows:
A. Notice Requirements: At least ten (10) days prior to the date of hearing on the application, a copy of the notice in the form hereinafter prescribed shall be sent by certified mail to each owner and lessor of lots, blocks and tracts in said drilling unit not owned by or under lease to the applicant, addressed to the last known address of such land and lease owners if known to the applicant, and a copy of such notice shall likewise be posted at three (3) public places in the City at least ten (10) days prior to the date of such hearing. Such notice shall state the lot and block number on which the applicant is asking for a permit to drill and the date and place of hearing and shall be in words and figures as follows:
Notice is hereby given that , acting under and pursuant to the terms and provisions of "An Ordinance regulating the drilling, completion and operation of oil and gas wells within the limits of the City of Alamo, Texas, and providing for the public safety in connection therewith, being City Code Title 3, Chapter 8, did, on the day of , 19 , file with the City Secretary of the City of Alamo an application for a permit to drill a well for oil or gas upon Lot No. , Block No. , , Alamo, Texas, in (Oil)(Gas) Unit shown on plat attached hereto. A hearing upon such application will be held in the Commissioner's Meeting Room, City Hall, of the City of Alamo, Texas, at on the day of , 19 , at M.
B. Proof of Notice: Proof of notice shall be made by the applicant by filing with the City Secretary an affidavit containing a copy of the notice and stating the date on which such notice was posted at three (3) public places in the City, and an affidavit of the applicant showing the date and persons to whom and the addresses to which the notice was mailed by the applicant.
C. Hearing: At the time fixed in said notice, a hearing on such application shall be held in the Commission Meeting Room at City Hall. (Ord. 587, 7-1-75)
In case there should be filed with the City Secretary, and pending at the time, applications made by more than one applicant for permits to drill the same reservoir or any single drilling unit within the limits of the City, that application shall be granted, if otherwise sufficient, which shall be made by the person holding the greater area of ground within the drilling block by ownership in fee or by lease or other contract authorizing the drilling and operation on land for oil and gas. (Ord. 587, 7-1-75)
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