757.07 CONSENT FROM PROPERTY OWNERS WITHIN 500 FEET.

   (a)   All applicants for a permit to drill for oil and/or gas in nonindustrial and industrial zoned areas in the City shall be accompanied by consents in writing of owners of the real estate units located within a radius of 500 feet from the proposed drilling site.  The consents shall plainly state that the persons whose signatures are affixed thereto do give their consent to the drilling of a well for oil 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 exact center of the hole that is to be drilled for the well.  As used in this section, the term "real estate unit" means a land area with a common ownership irrespective as to how it may be divided among lots.

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

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

      (2)   Has signed and filed an application for a permit to drill for oil or gas on his property, or his lessee, contractor or agent has signed and filed the application;

      (3)   Has signed and delivered a written assent under Sections 757.07 and 757.08 to an application for a permit to drill a well for oil or gas;

      (4)   Has utilized his property by entering into a community lease or agreement for drilling a well for oil or gas, if the well to which he has assented or which is to be drilled under the community lease or agreement is to be located nearer to his property than the well or proposed well site mentioned in this section, then the 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 above.

   However, any owner who has united his property by entering into a community lease or agreement as set forth in subsection (b)(4) of this section, shall not share in any adjacent well production because of conflicting lease interests of the real estate being in more than one unitized area.  It is the expressed intention of this provision to prohibit an owner of property from utilizing identical property under more than one community lease or agreement.

(Ord. 6324-91.  Passed 12-16-91.)