770.08 CONSENTS FROM OWNERS WITHIN 500 FEET.

   (a)    All applications for a permit to drill for oil and/or gas in nonindustrially and industrially zoned areas in the City shall be accompanied by consents, in writing of the owners of fifty-one percent (51%) or more of the real estate which is located within a radius of 500 feet from a proposed drilling site. The consents shall plainly state that the persons whose signatures are affixed thereto do hereby given 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. Measurement for determination of the distance of the aforesaid 500 feet shall be made from the center of the location at which it is contemplated the well shall be drilled.

   (b)    In the event that the owner of any property abutting a proposal well site:

      (1)   Has leased his property for drilling for oil and/or gas; or

      (2)    Has 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)    Has signed and delivered a written assent under this chapter to an application for a permit to drill a well for oil and/or gas; or

      (4)    Has utilized 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 this subsection; 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 above-mentioned.

   However any owner who has united 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 expressed intention of this provision to prohibit an owner of property from unitizing identical property under more than one community lease or agreement.

(Ord. 98-1980. Passed 6-9-80.)