(A) Within 30 days after the filing of the application for a permit, the City Manager shall determine whether or not the application complies in all respects with the provisions of this chapter, if the proposed drill site meets the distance setbacks specified in § 118.04, and if the drill site is not crossed by any public streets or roads. If the application complies with such provisions, the City Manager shall issue a permit authorizing the drilling of the well(s) or the installation of the facilities applied for.
(B) If the City Manager determines that a permit application should be denied for reasons other than lack of a required distance setback as set out in § 118.04 for the requested permit, the City Manager shall notify the operator in writing of such denial, stating the reasons for the denial. Within 30 days of the date of the written decision of the City Manager to deny the permit, the operator may:
(1) Cure those conditions that caused the denial, and resubmit the application to the City Manager for approval and issuance of the permit; or
(2) File an appeal to the City Council under the provisions outlined in § 118.22
of this chapter.
(C) If, however, the City Manager determines that all of the provisions of these regulations have been complied with by the operator, but that the proposed drill site does not meet the distance setbacks specified in § 118.04, then the City Manager shall place the application on the agenda of the City Council, which shall hold a public hearing on such application, after giving notice at least one time by publication in the official newspaper at least ten days prior to the hearing, and in writing by regular United States mail to the surface owners of real property within 600 feet of the proposed drill site. Such notice is not necessary to any property owner within the 600-foot radius that executes and files with the City Secretary a written waiver acknowledged before a notary public, as specified in
§ 118.04.
(D) Written notices may be served by depositing the same, properly addressed and postage paid, in the city post office to the owners at the addresses as shown on the last approved city tax roll, or as shown in the application pursuant to § 118.03(C) if the latter is different from the tax roll.
(E) The City Council shall review the application and any other related information. The City Council shall consider the following in deciding whether to grant a permit:
(1) Whether the operations proposed are reasonable under the circumstances and conditions prevailing in the area, considering the particular location and the character of the improvements located there;
(2) Whether the drilling of such wells would conflict with the orderly growth and development of the city;
(3) Whether there are other alternative well site locations;
(4) Whether the operations proposed are consistent with the health, safety and welfare of the public, when and if conducted in accordance with the permit conditions to be imposed;
(5) Whether there is accessible access for the city fire personnel and firefighting equipment; and
(6) Whether the impact upon the adjacent property and the general public by operations conducted in compliance with the conditions of the proposed permit are reasonable and justified, balancing the following factors:
(a) The right of the owners(s) of the mineral estate to explore, develop and produce the minerals; and
(b) The availability of alternative drill sites.
(F) Following the public hearing, the City Council may grant the permit upon such terms and conditions as it determines to be necessary to protect the public health and safety. The requirement for the well to be 600 feet from a protected use or 400 feet from an industrial building may be reduced, but never to less than 200 feet by: (1) a waiver granted by the City Council; or (2) written notarized waivers granted by all protected use property owners within 600 feet, or written notarized waivers granted by all industrial building owners within 400 feet, in accordance with § 118.04. For the protection of the public health, safety and welfare, the City Council may impose additional requirements for a reduction of such distance setbacks.
(G) The burden of proof on all matters considered at the hearing shall be upon the applicant/operator.
(H) The City Council may require an increase in the distance the well is set back from any protected use or industrial building, or require any change in the operation, plan, design, layout, or on-site and technical regulations of this chapter, including fencing, screening, landscaping, lighting, delivery times, noise levels, tank height, or any other matters reasonably required by the public interest.
(I) In the interest of securing compliance with this chapter, the city code, and/or to protect the health, safety and welfare of the community, the City Council may accept, reject or modify the application. In making its decision, the City Council shall have the power and authority to refuse any permit to drill any well at any particular location within the city, when by reason of such particular location and other characteristics, the drilling of such well at such particular location would be injurious to the health, safety or welfare of the inhabitants in the immediate area of the city. The decision of the City Council shall be final.
(J) Each permit shall:
(1) By reference have incorporated therein all the provisions of this chapter with the same force and effect as if this chapter were copied verbatim in such permit.
(2) Specify the location of the proposed drill site, well or injection facility, with particularity to lot number, block number, name of addition or subdivision or by a metes and bounds description, or other available correct legal description.
(3) Specify the routes and roads to be used by vehicles, equipment, chemicals or waste products used or produced in oil or gas well drilling or operations, and in servicing wells.
(4) Contain and specify that the term of the permit shall automatically terminate, unless extended, if drilling is not commenced within 180 days from the date of the permit, and so long thereafter as oil and gas is produced, or until such time as the permittee has permanently abandoned the operation of such well or facility for which the permit was issued.
(5) Contain and specify such other terms and provisions as may be necessary in a particular case to accomplish the purpose of this chapter.
(6) Contain and specify that no actual operations shall be commenced until the operator has complied with the bond and insurance provisions of this chapter.
(7) Require that the operator promptly restore to its former condition any public property damaged by the oil or gas operation.
(8) Pursuant to this chapter, each permit issued by the City Manager or the City Council shall include the following language:
“Operator does hereby expressly release and discharge all claims, demands, actions, judgments and executions it ever had, or now has or may have, or assigns it may have or claim to have, against the City of Cleburne and/or its departments, agents, officers, servants, successors, assigns, sponsors, volunteers or employees, created by, or arising out of personal injuries, known or unknown, and injuries to property, real or personal, or in any way incidental to or in connection with the performance of the work performed by the operator under a permit issued pursuant to this chapter. The operator shall fully defend, protect, indemnify and hold harmless the City of Cleburne, Texas, its departments, agents, officers, servants, employees, successors, assigns, sponsors or volunteers, from and against each and every claim, demand or cause of action, and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees and expenses incurred in defense of the City of Cleburne, Texas, its departments, agents, officers, servants or employees, including without limitation, personal injuries and death in connection therewith, which may be made or asserted by operator, its agents, assigns or any third parties on account of, arising out of, or in any way incidental to or in connection with the performance of the work performed by the operator under a permit issued pursuant to this chapter. The operator agrees to indemnify and hold harmless the City of Cleburne, Texas, its departments, officers, agents, servants, employees, successors, assigns, sponsors or volunteers, from any liabilities or damages suffered as a result of claims, demands, costs or judgments against the city, its departments, its officers, agents, servants or employees, created by, or arising out of the acts or omissions of the City of Cleburne occurring on the drill site or operation site in the course and scope of inspecting and permitting the gas wells, INCLUDING BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING, IN WHOLE OR IN PART, FROM THE NEGLIGENCE OF THE CITY OF CLEBURNE OCCURRING ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE CITY OF CLEBURNE, TEXAS AND/OR ITS DEPARTMENT, AGENTS, OFFICERS, SERVANTS OR EMPLOYEES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF CLEBURNE, TEXAS, AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH AND/OR DAMAGE.”
(K) Within 15 days after the City Manager or the City Council has granted a permit, the City Secretary shall publish a notice of the granting of such permit one time in the official newspaper of the city.
('68 Code, § 19½-4) (Ord. 10-1987-55, passed 10-20-87; Am. Ord. 8-2002-58, passed 8-27-02; Am. Ord. 01-2007-07, passed 1-23-07; Am. Ord. 06-2011-32, passed 6-28-11) Penalty, see § 118.99