(a) All applications for a permit to drill for oil and/or gas in the City shall be accompanied by consents in writing of the owners of fifty-one percent (51%) or more of the front footage of real estate which is located within a radius of 200 feet from a proposed drilling site, and such consents shall plainly state that the persons whose signatures are affixed thereto do thereby give their consent to the drilling of a well for oil and/or gas on the site as proposed in the application for a drilling permit. However, if the proposed site for a well is located 200 feet or more from any abutting property, then regardless of the use to which the abutting property may be put, the assenting signatures herein provided for shall not be required. Measurement for determination of such distance shall be made from the exact center of the location at which it is contemplated the well shall be drilled. If any portion of a lot or tract of real estate is less than 200 feet from the center of the location where a well is to be drilled, such lot or tract shall be considered abutting property within the meaning of this section.
(b) In the event, however, that the owner of any property abutting a proposed well site has:
(1) Leased his property for drilling for oil and/or gas, or
(2) Signed and filed an application for a permit to drill for oil and/or gas on his property, or his lessee, contractor or agent has signed and filed such application, or
(3) Signed and delivered a written assent under this section to an application for a permit to drill a well for oil and/or gas or
(4) Unitized his property by entering into a community lease or agreement for drilling a well for oil and/or gas, and if the well to which he has assented or which is to be drilled under such community lease or agreement is to be located nearer to his property than the well or proposed well site first abovementioned in subsection (a) hereof.
Then such owner shall not be permitted to object but shall be deemed to have given his written assent under the provisions of this section to drilling a well for oil and/or gas on the proposed well site first mentioned.
However, any owner who has unitized his property by entering into a community lease or agreement as set forth in subsection (b)(4) hereof shall not share in any adjacent well production because of conflicting lease interests of such real estate caused by such real estate being in more than one unitized area. It is the express intent of this provision to prohibit an owner of property from unitizing identical property under more than one community lease or agreement.
(Ord. 36-1964. Passed 10-5-64.)