(A) The City Manager shall be the permit issuing authority hereunder in accordance with the following requirements.
(B) An application shall be made for a permit hereunder in writing giving specifications as follows:
(1) Proposed location or site of operations;
(2) Type of operations (drilling, excavation, proposed depth, and the like);
(3) Type of production sought; and
(4) A lay-out plat or map showing the proposed location of drilling or mine site along with equipment, holding tanks, lines, and the like, proposed to be used in connection with such operations.
(C) Fees as provided for in § 12.00 of the Fee Schedule found in Appendix 1 of this Code shall be paid upon issuance of a permit for operations and for exploration for any oil or gas well or any other mineral within the city.
(D) (1) A bond shall be filed upon issuance of a permit hereunder before the commencement of any operations in an amount to be determined by the issuing authority but not less than $50,000. Such bond shall be executed by a reliable insurance company authorized to do business in the State of Texas, as surety, and with the permittee and successors or assigns of permittee as principal, running to the city, for the benefit of the city and all persons concerned.
(2) Such bond shall be conditioned that the permittee and successors or assigns of permittee will comply with the terms and conditions of this chapter in all operations. Such bond shall become effective on or before the date it is filed with the City Secretary and remain in force and effect for at least a period of six months subsequent to the expiration of the term of the permit issued. In addition the bond will be conditioned that the permittee and successors or assigns of permittee will promptly restore the streets and sidewalks and other public property of the city, which may be disturbed or damaged in the operations, to their former condition, and that the permittee and successors or assigns of permittee will promptly clear all premises of all litter, trash, waste and other substances used, allowed or occurring in the drilling, mining or producing operations, and will, after abandonment, grade level and restore the property to the same surface condition, as nearly as possible, as existed when operations for the drilling of the well or mining operations were first commenced, and that the permittee and successors or assigns of permittee will indemnify and hold the city harmless from any and all liability growing out of or attributable to the granting of the permit.
(3) If at any time the City Manager shall deem any permittee's or successors or assigns of permittee's bond to be insufficient for any reason it may require the permittee to file a new bond.
(E) Permits may be withheld by the issuing authority, subject to appellate procedures established herein, upon the following grounds:
(1) Proximity of proposed site to residences, hospitals, churches or business establishments.
(2) If in judgment of issuing authority, operations of the type proposed in application for a permit would pose a general nuisance to the citizens of the city.
(3) Traffic or fire hazards that may result from operations for which permit is applied.
(4) The likelihood of irreparable damage being done by operations for which permit is applied to surrounding area.
(5) The failure of applicant to produce a sufficient bond hereunder.
(`88 Code, Ch. 4, § 7.04 and App. A, § 14.00) (Ord. 137, passed 3-10-81; Am. Ord. 98-023, passed 8-11-98)