A. As an alternative to the provisions of section 10-5-312 of this article, an application for a council permit may be made pursuant to the provisions of this section. When an application is made pursuant to the provisions of this section, a permit issued shall not be subject to the relocation provisions of section 10-5-313 of this article. Each application for a council permit pursuant to the provisions of this section shall be made in writing and shall include:
1. The legal description of the proposed drill site;
2. The legal description of a bottom area location entirely within a single exploratory area not exceeding one thousand three hundred twenty feet (1,320') in diameter and the legal description of a corridor connecting such bottom area location with the drill site;
3. A statement of what property the applicant has the right, by reason of ownership or permission of the owner, to pass through and enter and a further statement that the applicant agrees, in finally locating the well, not to pass through or enter any property where he does not have such right;
4. The proposed location, type, kind, size, and amount of equipment and the method of operation of the proposed well;
5. The proposed method of handling and using any product proposed to be developed;
6. In all cases where the well is proposed to be bottomed in the city, a statement that the applicant has the contractual or proprietary right and authority to drill for oil and gas under the surface of at least seventy five percent (75%) of the real property described and included in the approved exploratory area in accordance with the requirements of sections 10-5-308 and 10-5-309 of this article or a statement bringing the application within the requirements of section 10-5-311 of this article;
7. In all cases where the well is proposed to be drilled from a controlled drill site within the city, a statement that the applicant has complied or will comply, before spudding in the well, with all requirements of the city (or, in the case of unincorporated territory, the county) in which the well is to be bottomed; and
8. A statement of the exploratory area within which such well will be bottomed.
B. At the time such application for a permit is made the applicant shall pay to the city clerk a fee in the sum of two thousand dollars ($2,000.00) as provided in section 10-5-315 of this article and a supplemental fee in the sum of three thousand dollars ($3,000.00) to cover the additional costs to the city of evaluating the wider well hole corridor permitted pursuant to the provisions of this section.
C. Each application shall be accompanied by a detailed written report of a geologist, or other person experienced in the field of subsidence as a result of petroleum extraction, indicating the nature and extent of the subsidence, if any, that can reasonably be expected to occur as a result of the proposed drilling and production or drilling or production, as the case may be, and indicating the nature and extent of the damages to property, if any, that could reasonably be expected to occur as a result of the drilling and production or drilling or production, as the case may be, and setting forth the qualifications and experience in the field of land subsidence as a result of petroleum extraction of the person making the report.
D. Notwithstanding the provisions of section 10-5-319 of this article, when the council has granted any council permit pursuant to the provisions of this section, the council permit shall be of no virtue, force, or effect until it is issued by the city controller. The city controller shall issue a council permit granted by the council pursuant to an application under this section, in a form contemplated in this article, and upon written acceptance of the council permit being received from the permittee, accompanied by a statement by the permittee of the well corridor finally selected by the permittee through which the well shall pass, a statement that the permittee has the right by reason of ownership or permission of the owner to pass through and enter all property through which such well is proposed to pass, and a permit fee in the sum of two thousand dollars ($2,000.00).
E. The application for a permit pursuant to this section shall be processed in the manner provided in section 10-5-316 of this article, except that the condition contained in subsection C10 of said section shall be modified as follows for the purpose of this section: "The oil and gas or oil or gas well drilled pursuant to any council permit issued pursuant to the provisions of section 10-5-312 of this article shall be drilled only within the properties which the permittee shall hereafter before the final issuance of the permit by the city controller, set forth, in conjunction with his acceptance of the permit, with the city controller as the property through which such well is proposed to pass, unless the permittee secures the subsequent approval of the council to cause such well to pass through other properties". (Ord. 79-O-1720, eff. 2-15-1979)