(A) Every application for a permit issued pursuant to this chapter shall be in writing, signed by the operator, or some person duly authorized to sign on the operator’s behalf, and filed with the City Secretary.
(B) Every application shall be accompanied by a permit fee of $5,000 per well.
(C) The application shall include the following information:
(1) The date of the application and type of permit requested;
(2) An accurate legal description of the lease property to be used for the oil or gas operation, the parcel and the production unit and name of the geologic formation as used by the Commission. Property recorded by plat should reference subdivision, block and lot numbers.
(3) A map showing the proposed transportation route and road for equipment, chemicals or waste products used or produced by the oil or gas operation.
(4) The proposed well name.
(5) The surface owner names and addresses of the lease property.
(6) The mineral lessee name and address.
(7) The operator/applicant name and address, and if the operator is a corporation, the state of incorporation, and if the operator is a partnership, the names and addresses of the general partners.
(8) The name and address of the individual designated to receive notice.
(9) The name and 24-hour phone number of the representative with supervisory authority over all oil or gas operation site activities.
(10) The location and description of all improvements and structures within 600 feet of the proposed drill site.
(11) The owner and address of each parcel of property within 600 feet of the proposed drill site.
(12) A site plan of the proposed operation site showing the location of all improvements and equipment, including the location of the proposed well(s) and other facilities, including but not limited to, tanks, pipelines, compressors, separators, storage sheds, fencing and any access roads.
(13) The name, address and 24-hour phone number of the person to be notified in case of an emergency.
(14) The exact and correct acreage of the site for the well described in the permit application.
(15) The proposed hole size, casing program and cementing program.
(16) Copies of all reports required by the Commission.
(17) An original, executed, citywide road maintenance agreement, signed and approved by the city and filed with the City Secretary, that provides that the operator shall repair, at the operator's own expense, any damage to roads, streets, highways or other city property caused by the use of heavy vehicles and equipment for any activity associated with the preparation, drilling, production and operation of gas wells.
(18) A description of public utilities required during drilling and operation.
(19) A description of the water source to be used during drilling.
(20) A copy of the approved Commission permit to drill, together with attachments and survey plats applicable to the drill and operation sites.
(21) A written report showing the pre-drilling ambient noise level, measured at the nearest protected use receiver/receptor's property line or 100 feet from the nearest protected use structure (as measured to the closest exterior point of the building), whichever is closer to the receiver/receptor.
(22) A copy of the determination by the Texas Commission on Environmental Quality (TCEQ) of the depth of useable quality ground water.
(23) Evidence of insurance and security requirements under this chapter.
(24) A statement, under oath, signed by the operator or designated representative, that the information submitted with the application is, to the best knowledge and belief of the operator or designated representative, true and correct.
(25) All required application and permit fees.
(D) At least 15 days, and not more than 20 days prior to the date of filing of the permit application, the operator shall publish a copy of a notice as outlined below, at the operator's expense, in one issue of a daily newspaper in the city. An affidavit by the printer or publisher of the newspaper indicating publication of the notice shall be filed with the application, and will be prima facie evidence of such publication. The notice shall read as follows:
“Notice is hereby given that , acting under and pursuant to the Ordinances of the City of Cleburne, Texas, on the day of , 20 , intends to file with the City Secretary of the City of Cleburne, an application for a permit to drill, complete and operate a well for oil or gas upon property located at , Cleburne, Johnson County, Texas, more particularly shown on the map of record in Volume , Page , Plat Records of Johnson County, Texas, or per Tax Tract Number , Johnson County, Texas. Additional information is available by contacting the applicant at 817-_______.”
(E) At least 20 days prior to the date of the filing of the permit application, the operator shall, at the operator's expense, erect at least one sign, not less than three feet by three feet, upon the premises upon which a permit has been requested. Where possible, the sign or signs shall be located in a conspicuous place or places upon the property, at a point or points nearest any right-of-way, street, roadway or public thoroughfare adjacent to such property.
(1) The sign(s) shall substantially indicate that a permit to drill for oil or gas will be requested, the date when the permit application will be filed, and shall further set forth that additional information can be acquired by telephoning the applicant at a number to be indicated on the sign.
(2) All signs shall remain in place until final action on the permit application by the City Manager or the City Council, and shall then be removed by the operator.
(3) The continued maintenance of any such sign shall not be deemed to be a condition precedent to the holding of any public hearing or to any other official action under this chapter.
(F) Upon substantial compliance with this section, all notice provisions contained in this section shall be deemed sufficient.
('68 Code, § 19½-3) (Ord. 10-1987-55, passed 10-20-87; Am. Ord. 01-2007-07, passed 1-23-07; Am. Ord. 06-2011-32, passed 6-28-11) Penalty, see § 118.99