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The Building Commissioner shall issue the permit applied for upon receipt of the application, duly approved by the Planning Commission, and upon the furnishing of a bond by the applicant in the amount of one hundred thousand dollars ($100,000), in form and with surety approved by the Director of Law. Such bond shall be conditioned upon the faithful observance of all provisions of law or ordinance relating to drilling of an oil or gas well, and further conditioned upon the permittee and his or its assigns restoring to their former conditions the streets, sidewalks and other public places of the City which may be disturbed in the operation; clearing the area of all litter, machinery, derricks, buildings, oil and other substances used or permitted in the drilling or producing operation whenever the well is abandoned or the operation discontinued; paying to the owners of any buildings, improvements, goods or chattels located in the area any extra cost of insurance on such property imposed by reason of the granting of the permit in the operation carried thereunder, as well as any and all damages suffered by any person or corporation as to property in the City from fire, over and above the insurance collected thereon, or from oil, gas or water caused by or originating from the operation connected with such well; and holding the City free and harmless from any and all liability incurred by the granting of such permit.
(Ord. 2007-69. Passed 11-19-2007.)
The bond provided for in Section 872.06 shall be in full force and effect during the entire drilling operation and until such time as the well is capped and for at least 30 days thereafter. At such time, or at any time thereafter, to which date the bond shall continue in full force and effect, the applicant may present a certificate of insurance to the Building Commissioner and make written request that the bond provided be released and that in lieu thereof the certificate of insurance be filed with the Building Commissioner. The insurance policy, as represented by the certificate of insurance, shall cover the applicant's liability for property damage in an amount not less than one hundred thousand dollars ($100,000), which insurance policy or policies shall be maintained for such period of time as the well is in operation or is producing oil or gas. When the written request for release of the applicant's bond is make, the Building Commissioner shall make or cause to be made an examination of the premises for which the bond is provided. If such examination discloses that the applicant has complied with the terms of the bond, the Building Commissioner shall notify the Director of Law, who shall execute a release of the principal and surety. Thereafter, the bond shall not be in effect, and the principal and surety thereon shall be released from all future liability on such bond.
(Ord. 2007-69. Passed 11-19-2007.)
No permit shall be issued for the drilling of a well except upon ground owned by the applicant or held by the applicant under an oil and gas lease or drilling contract from the owner, giving the owner's permission to drill the well. Nothing contained in this chapter or in any permit issued hereunder shall be deemed to grant any right or license to the permittee to enter upon or occupy in any respect, in drilling or production operations, any land not owned by him or her, except with the written permission of the owner.
(Ord. 2007-69. Passed 11-19-2007.)
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