(A) If it appears, either upon the face of such application or by other satisfactory proof, that the applicant for permission to drill a well for oil and gas is the owner of or has under his control, either as owner or lessee, or both, all interests in said area to be drilled, and said application showing compliance with the requirements of this chapter, the City Council, or its designee, may grant the permit without further notice.
(B) If said application shows that the applicant to drill a well for oil or gas is not the owner, or does not have under his control for drilling purposes as owner or lessee, or both, or assignee under a valid and recorded assignment of lease, all the interest in all the oil or gas in the area which it is proposed to drill, or in the event the City Council shall for other cause shown refuse an application for a permit, then the City Council shall fix a time and place for the hearing thereon and enter the same of record. The following shall apply if City Council determines a hearing is necessary:
(1) The applicant shall cause notice of such hearing on forms to be furnished by the City Clerk to be given by certified mail to all known owners of the lands containing oil and gas within the area to be drilled and the lessees thereof under valid oil and gas leases of record addressed to their last known place of residence, not less than seven days prior to the date of the hearing. In addition thereto, said applicant shall publish a notice in a public newspaper published and printed in the city at least five days prior to the hearing and shall post notices thereof in not less than five public places in the city at least five days prior to said hearing. Such notices shall be dated and contain a description of the property affected, state the time, date, place and purpose of the hearing. An affidavit of the applicant or someone in his behalf shall be executed showing such mailing, posting and publishing and shall be prima facie evidence of the compliance with all the requirements of this for notice and the same shall be filed with the City Clerk at or prior to the time set for the hearing.
(2) The City Council shall at the time set and place designated in said notice, or at some later date to which the hearing may be adjourned, conduct the hearing upon the application to drill such well for oil, gas, petroleum or other hydrocarbons. At such hearing all persons interested may be heard. All witnesses shall be examined under oath and documentary evidence may be introduced. The City Council shall keep a record of its proceedings as regards the granting of said permits and the hearings thereon and may require the pooling of properties, or parts thereof, within the area or areas to be drilled and shall make any and all reasonable requirements necessary to protect and safeguard the rights of all parties affected by such order or orders. The City Council shall have the power and reserve the authority to refuse any application for a permit where by the reason for the location of the proposed well, and the character and value of the permanent improvements already erected in or adjacent to the area in question and the use of which the land and surroundings are adapted for civic purposes or for sanitary reasons, the drilling of any oil or gas well will be serious disadvantage or hazard to the city and its inhabitants as a whole. It shall be discretionary with the City Council to grant or deny a permit in any industrial area or in any area in which residences or other buildings may have been erected when the granting of said permit shall be creative of fire hazards or otherwise destructive of property interests.
(Ord. 211, passed 1-5-2021)