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0788Affidavit of Publication OF t LEGAL NOTICE ANAHEIM (CALIF.) BULLETIN LEGAL NOTICE TIONS AND STANDARDS FOR I velopment aording to a well or- THE GRANTING OR DENIAL dared and zoccned plan. #OF PERMITS, AND ESTAB- S. That the granting of said LISHING REGULATIONS TO permit will not violate any deed or CONTROL THE DRILLING FOR tract restrictions relating to any AND 'PRODUCTION OF OIL, tract or property affected by said GAS AND OTHER HYDRO- permit unless said permit is con - CARBON SUBSTANCES FROM sented to or said restrictions waiv- WELLS WITHIN SAID CITY ed in the manner specified in said OF ANAHEIM: REGULATING deed or tract restrictions or in the THE ERECTION, OPERATION, manner required by law; provided, MAINTENANCE AND ABAND- however, that in the event that any ONMENT OF DERRICKS, applicant for permit has inadvert- EQUIPMENT AND STRUC- ently obtained an oil and gas lease TURES APPURTENANT TO covering property containing such .SUCH WELLS AND REQUIR- restrictions, that such applicant ING A BOND TO INSURE 'PER- shall be given a reasonable op- FORMANCE; REGULATING portunity to obtain a waiver of THE STORING AND HANDL- such restrictions or may be per- ING OF, AND OTHER IN- mitted to quitclaim such property. .OIL FLAMM_ BLE LIQUIDS; REG- 9. That the granting of said GULATING THE INSTALLA- permits will not be in violation of TION, USE AND MAINTEN- any state lav, regulation, court ANCE OF SUMPS, RESER- decision nor any City Ordinance. VOIRS, TANKS ANIS OTHER An adverse finding upon any one SIMILAR FACILITIES, AND of the conditions set forth in Sec - PROVIDING PENAI1TLES FOR tion 2 hereof shall be sufficient THE VIOLATION OF THE cause to justify the denial of an TERMS OF THIS ORDINANCE. application for a drilling and/or WHEREAS, the City Council of production permit if any such con - the City of Anaheim, State of Cal- dition or conditions substantially ifornia, has heretofore duly passed affect the public health, safety or and adopted Ordinance No. 774 es- general welfare, or a substantial tablishing zones in the City of An- property right or ,rights, or sub- aheim, regulating the use of land, stantially affect the orderly de - adopting a map showing the bound- velopment and expansionof the arses of said zones, and containing Cit�v of Anaheim and the direction a comprehensive plan for the es- of building development according tablishing of zones and the regu- to a well -considered and compre- lation and establishment of all hensive plan and a conservation of types of business enterprises with property values. said City of Anaheim; and SECTION 3. All &I well drill- WHEREAS,said zoning ordi- ing, producing and surface opera- nance provides that certain types tions shall be conducted from drill - of Wes and businesses therein ing sites designated by the City mentioned possess characteristics Council of the City df Anaheim. of such ,unique and special form The location, size and shape of such as to iiyake impracticable their be- drilling sites shall be determined ing included automatically In any and prescribed by the City Council classes of uses as set forth in the ( and may from time to time be en - various zones therein defined, and larged whenever, in the judgment the authority for the locationand of the City Council, an enlarge - operation thereof shall be subject ment thereof is necessary to carry to review and the granting of a out the spirit, intent and purposes special use permit; and of this Ordinance. Such drilling WHEREAS, among the uses enu- site or sites shall be selected and merated as, aforesaid is the devel- designated by the City Council opment ofnatural resources, to- after a full consideration of the gether with the necessary build- purposes set forth in this Ordi- ings, apparatus or appurtenances nance and in, a manner to carry incident thereto, and out the spirit and intent and to WHB:REAS, the City Council finds achieve the purposes of this Ordi- nance. Directional drilling may that oil, gas and other hydro -carbon I permitted from said designated substances are natural resources, and the regulation` and controlling drill sites under the conditions herein set forth and in compliance of the drilling for, and production with state laws and such other of oil, gas and other hydro -carbon ( reasonable regulations, conditions, substances, and the operation and or restrictions as the City Council maintenance of all derricks, equip -,finds are reasonably necessary in ment and structures appurtenant a particular instance to carry out to such wells is necessary to pro- the spirit and purpose of this Or - mote the general welfare, to pre- dinance. vent the creation and maintenance of nuisances, and to prevent fire No drill site or sites shall be lo - hazards, to equally protect $ll cated upon any land or property property rights and to promote an within the City without the con - orderly plan of community develop- i sent of the owner or owners there- ment, and not diminish property) of, unless the owner thereof has values, and to secure to each prop- executed a lease or other instru- ment giving arld granting to any arty gwner a just distribution from any common source of supply of person, firm or corporation the oil, gas and other hydro -carbon right to drill, prospect for, and substance; and that the regulations produce oil from said property. and provisions hereinafter made SECTION 4. APPLICATION FOR and set forth have been made with DRILLING AND/OR PRODUCING due consideration of the foregoing PERMIT. purposes, and with a reasonable Any person, firm or corporation consideration of the conditions and desiring to obtain a permit to drill, hazards which may arise in con- re -drill, whipstock, sidetrack or nection with the drilling and pro- deepen, or to otherwise recondition ducing of oil, gas and other hydro- i any well, where a new hole is carbon substances and wits} due made, shall. make and file &.writ - consideration of the necessity for ten application with the City Clerk reasonable regulations to avoid to obtain such permit to conduct such hazards and conditions and such operations from a drill site with a view of conserving prop- to be designated by the City Coun- erty values and encouraging the cil of the City of Anaheim, which most appropriate use of land drill site shall be used for the ex - throughout the City and in con- ploration and recovery of oil from sideration of the direction of plan- such area as the City Council shall ning development accordingto a find may reasonably be explored, well -considered plan and more par- and oil, gas, or other hydro -car- ticularly as set forth in City Or- bons produced therefrom, in the dinance No. 774 of the City of An- manner and upon the conditions alreim; and hereinafter set forth, and such WHEREAS, the City Council finds other reasonable conditions or re" that certain reasonable standards strictions as may be imposed by and condition should be establish- the City Council by reason of the ed and set forth for the granting unusual or peculiar circumstances or denying of permits, and for the ` found to exist, and affecting a Purpose of regulating and control)- particular location or a particular Ing the drilling for and production application for such permit. Such of oil, gas and other hydro -car- drill site or drill sites shall be bon substances from wells located selected and designated with full within the City to achieve the pur- consideration of the purposes here - poses hereinbefore set forth; and Inbefore, mentioned and for the purpose of carrying out the spirit WHEREAS, it Is hereby declared and intent and achieving the pur- LEGAL NOTICE site. The determination thereof shall be made in accordance with the provisions of this Ordinance and with a view of 'carrying out the express purposes hereof. SECTION 5. ESTABLISHMENT OF DRILL SITES AND 011, PRO- DUCING AREAS — PROCEDURE, HEARING AND PROVISIONS FOR PPARTICIPATION OF ALL OWN- ERS. (A) Upon the filing of an appli- cation as provided in the preceding section, the City Council shall in its discretion either: 1. Refer said application to the City Planning Commission to hold and conduct a public hearing thereon. and for an examination, report and rec- ommendation thereon, or 2. Fix a time and place for a public hearing thereon' before the City Council. in the event the City Council in its discre- tion shall refer said applica- tion to the City Planning Com- mission, and the City Planning Commission either makes a report thereon in the time re- quired herein, or does not sub- init to the City Council its re- port on such application with- in thrity-five days (or such additional time not 0 exceed twenty-five days, as shall be authorized b-� the Ctiy Coun- cil prior to the expiration of said thirty-five day period) from the date of the refer- ence of such application to the said Planning Commission, then at the meeting of the City Council immediately fol- lowing the expiration of said thirty-five day period or at a meeting to which -the matter is duly and regularly contin- ued, (not exceeding two .weeks) the City Council shall set such application for pub- lic .hearing before the City Council. 4Vhenever said appli- cation issetfor hearing be- fore the City Council either as an original hearing or after receiving the report and ree- ommendwtion from the City Planning Commission, or after failure of the City Planning Commission to make a report and recommendatiun thereon within the time herein re- quired, the itCy Council shall fix a time for the hearing of said application not less than ten nor more than thirty-five days, if an original hearing, and nQt more than twenty-five days where said application has been previously referred to the City Planning Connnis- sion, from the date of the making of said 'order fixing the date for such public hear- ing, and shall direct tiie City Clerk to give notice of the fil- ing of such application and: of the hearing thereon. Such notice shall set forth the name and address of the applicant and the : time and place and purpose of the haering. A copy of said notice shall be postad at the City Hall and shall remain posted not less than ten days prior to the date of said hearing and copies of such notice shall also be posted, not less than one to each city block; within an area extending 300 feet in all directions from the exterior boundaries of any proposed drill site, and copies of such notice shall be mailed, at least ten days before date of bear- ing to all property owners owning property within 300 feet from the exterior boun- daries of said proposed drill site, as the naiiies and addres- ses of such property owners owner appear upon the assess- ment roll and recor3s in the office of the City Assessoi of the City of Analieim. Said no- tice shall also be published not less than once prior to said hearing in a newspaper of general circulation in said City as designated by the City Council, The publication of said notice shall be not less than ten days prior to date of said hearing. LEGAL NOTICE said resolution and permit, by means of wells or other surface op- erations located on the drill site or sites designtted by the City Coun- cil and subject to such other reas- onable terms, conditions and re- quirements as the City Council shall find and determine may be reasonably necessary in its judg- ment to conserve the public safety and general welfare, and as will provide for and result in the proper drilling of said well and/or the development of such producing zones as may underlie the incor- porated area of the City of Ana- heim from wells drilled on such drilling site or sites and as may be found and determined by the council to be just, fair and equita- ble, and such as will protect the rights of and result in substantial Justice to all concerned' and avoid unnecessary hardship and cgnserve' such natural resources in the inter- est of the general welfare and ac- complish the greatest good and re- sult in the least detriment to all persons concerned, considering the rights of everyone affected as a whole, and otherwise carry out the spirit and purposes 'of and comply with the provisions of this Ordi- nance. Such permit shall be effec- tive from and after the date of is- suance thereof and shall remain in force until revoked by the City Council The City Council reserves the right to cancel, suspend or revoke any permit issued hereunder for good cause or for a violation of any of the terms or provisions of this Ordinance. (D) Each Permittee or his suc- cessor In interest shall at the time of receiving such permit for the drilling for and/or production of oil, gas and other hydro -carbon substances execute an offer in writing giving to each record own- er of the property within the area from which said oil, gas or other hydro-carbcn substances can .,eas- onably be recovered or produced from the drilling site for which a permit is given, as determined from evidence presented at a public hearing for the granting of such permit, the right to royalties, to wit: The right to share in the pro- ceeds of producticn from wells bot- tomed in said area upon the same basis as those property owners who have by lease or other legal con- sent agreed to the drilling for and production of oil from the subsur- face of said area. The offer hereby required must remain open for ac- ceptance for a period of at least one (1) year after the date of pro- duction, or until such property owner or owners shall have re- leased or waived all claim thereto, and provided further that the leas- ing by any property owner in the said area of his, her, or its -proper- ty to a person, firm, or corporation. other than the Permittga, shalllcon- stitute a waiver and release of their claim to royalties impounded for them by said Permittee as here- in provided, sp long as the property of said owner or owners remains subject to other lease or leases, but in no event shall any such owner or owners have any claim to royal- ties impounded after a period of one (1) year after production. Dur- ing the period said offer is in ef- fect, said Permittee or his succes- sors in interest shall impound all royalties to which said owners, or any of them, may be entitled in a bank or trust company in the State of Calfiornia with proper provision:• for payment to the said record owners of property in the area who have not signed the lease at the time such permit became effective but who accept such offer in writ- ing within such period and consent to the production of oil from their property and tha sharing of royal- ties upon the same terms and con- ditions as the owners of other property in said, area. Any such royalties remaining in any bank or trust company at the time said of- fer expires, which are not due or payable as herein provided, shall be paid pro rata to those owners who, at the time of expiration are Otherwise entitled. to share in the proceeds of such production. SECTION 6. REQUIRED CON- DITIONS FOR DRILLING SITES. Each drilling site established un- der the.provisions of this Ordinance aheim; and WHEREAS, the City Council finds that certain reasonable standards and condition should be establish- ed and set forth for the granting or denying of permits, and for the purpose of regulating and controll- ing the drilling for and production of oil, gas and other hydrocar- bon substances from wells located within the City to achieve the pur- poses hereinbefore set forth; and WHEREAS, it is hereby declared to be the object and purpose of this ordina,rWe to establiah and provide reasonable and uniform rules, reg- ulations, controls, limitations and safeguards for the reasonable and safe drilling for the production of oil. gas and other hydro -carbon substances from controlled drilling sites located within the City of Anaheim as hereinafter provided to achieve the purposes herein- after mentioned and particularly to protect the public health, safety and general welfare and encourage the most, appropriate use of land throughout the City and the devel- opment a4.d expansion of the City according°to a well -considered and zoned plan, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANA- HEIM DOES ORDAIN AS FOL- LOWS: SECTION 1. DEFINITIONS—"City" shall mean the City of Anaheim in the County, of Orange, State of California„ "Controlled Drilling Site" and "Site" shall each mean that parti- cular area located within any part of the City upon which surface operations for oil well drilling or other operations for the production of oil; gas -or other hydro -carbon substances shall be permitted un- der the provisions of this ordinance established and controlled as here- inafter provided. "Oil" as used in this ordinance shall mean and include oil, gas and other hydro -carbon substances. "Shall" and "May": "Shall", when used in this ordinance, shall be mandatory. "May", when used in this ordinance is permissive "Person" shall mean and include one or more natural persons, asso- ciations, co -partnerships, corpora- tions or other legal entities. "Nuisance": The term "Nuisance" as used in this ordinance shall be any of the things declared to be a nuisance by Section 3479 of the Civil Code of the State of Califor- nia, or Section 370 of the Penal Code of the Stn.te of Califorrfia. SECTION 2. DRILLING AND PRO- DUCING PERMITS REQUIRED. It shall be unlawful for any person, firm or corporation to drill, redrill, whipstock, side-track or deepen or to otherwise reconditi6n any well or conduct any other operations for the drilling for or producing oil, gas or other hydro -carbon sub- stances within the corporate limits of the City of Anaheim unless and until such person shall have ob- tained a permit therefor pursuant to the provisions of this ordinance. An application for any such permit or permits shall be filed ani a public hearing had thereon as here- inafter provided, and at aitch pub- lic hearing it shall be shown: 1. Thatthe granting of such Permit and, the drilling for or pro- ducing of oil thereunder will not create a nuisance. 2. That the granting of such permit will not be detrimental to Public health, safety or welfare. 3. That the granting of such Permit and the drilling for or pro- duction of oil thereunder in. the location designated will not create a fire hazard or other hazard detri- mental to the public welfare. 4. That the granting of such permit will afford equal protection to all property owners within the r,rea affected by the granting of Stich permit. 6.. That the granting of such permit will not deny to any prop- erty owner the enjoyment of a substantial property right granted to other owners in, said vicinity affected by said permit. 6. That the granting of such permit will conserve property val- ues and encourage the most ap- propriate use of land in the im- mediate vicinity and area affect- ed by the granting of said permit. 7. 'That the granting of said -permit will not be, detrimental to the orderly development and ex- pansion of the City of Anaheim and the direction of building de - other reasonable conditions or re- strictions as may be imposed by the City Council by reason of the unusual or peculiar circumstances found to exist, and affecting a particular location or a particular application for such permit. Such drill site or drill sites shall be selected and designated with full consideration of the purposes here- inbefore mentioned and for the purpose of carrying out the spirit and intent and achieving the pur- poses of this Ordinance, and par- ticularly with a view of protecting, safeguarding and promoting the public health, safety and general welfare, and assuring to all prop- erty owners affected by said per- mit fairness and protection of sub- stantial property rights and an equal opportunity to recover end reduce to possession any oil, gas, or other hydro -carbon substance underlying his or her property. Such application shall be in writ- " ing, duly verified under bath by or on behalf of the applicant and shall contain or be accompanied by the following information, doc- uments and fee; 1.. The name and address of the applicant. 2. A description of the land or area for which, the applicant has the proprietary or contractual- au-thority to drill upon such drill site. 4. 'A description of the area which the applicant seeks to ex- plore, or from which oil, gas or other hydro -carbon substances are to be produced fromthedrill site requested by the applicant or des- ignated by the City Council of the City of Anaheim, if a permit is granted. 5. A scale map or plat of each proposed oil producing area show- ing the boundaries, location and area thereof. 6. A scale map or plat of each proposed or requested drilling site showing the boundaries, .location and area thereof, the existing sur- face uses of the areas within such site or sites, and also the surface uses of the area within three hun- dred feet outside of the exterior boundaries of each proposed drill- ing site. 7. A statement or other informa- tion showing that said producing• area and drilling site or sites, and applicant's rights in respect there- to, otherwise conform to the re- quirements of this Ordinance, en- titling applicant to the requested permit. 8. A tentative plan of develop- ment and producing operations showing: a. The method by which Ap- plicant proposes to drill, complete, and produce such wells and the type, size, and kind of equipment and in- stallations to be used in connection therewith. It. The precautions Applicant proposes to take against fires, noise, odors and other hazards incident to drilling and other operations con- conductCd on each such Con- trolled Drilling Site. o. The proposed routing of trucks and other traffic in- cident to such drilling and r other operations conducted.` on each ' such Controlled Drilling Site. d. A landscaping plan show - the size, type and akind of walls, fences, shrubbery or other screening to be in- stalled and maintained for concealment (1) d u r i n g drilling operations and (2) thereafter so long as the Controlled Drilling Site or Sites are in use. 9. A permit fee in the amount of $100.00 shall be paid by each appli- cant for each well drilled or pro posed to be drilled upon a Con- trolled Drilling Site. SECTION 4. The City Council shall not be bound to grant a per- mit for any drill site or drill sites requested in any application, but may designate another drill site or sites in place and stead thereof, and such City Council hereby re- serves the right to determine in accordance with the provisions of this Ordinance, the shape, size q,nd extent of the area that may be reasonably a -Rd successfully ex plored, or from which oil, gas and other hydro -carbon substances may be produced from a well or well drilled upon any designated drill owner appear upon the assess- ment roll and. records in the office of the City Assessor of the I.ity of Anaheim. Said no- tice shall also be published not less than. once prior to said hearing in a newspaper of general circulation in said City as designated by the City Council. The publicatian of said notice shall be not less than ten days prior to date of said hearing. (B) The City Council and Plan- ning Commission shall have the power and authority to subpoena and compel the attendance of wit- nesses, and the production of pa- pers and recoras at said hearing, to swear and examine all witnesses under oath, and may fromtime to time continue such hearing to a date certain, without further no- tice. Hearing before the. Planning Commission shall be called upon notice specified ill Section 5. (C) At such hearing the Plan- ning Commission or the City Coun- cil shall receive evidence relating to any matter material to said ap- plication, and give to ail parties directly interested or who may be affected by the action taken in re- spect thereof, a reasonable oppor- tunity to be heard and to present evidence. After the conclusion of said hearing the City Council or the City Planning Commission, as the case 'may be, shall make its findings, and if it finds that: L That the granting of Stich permit and the drilling for or pro- ducing of oil thereunder will not create a nuisance. That the granting of such permit will not be detrimental to. public health, safety or welfare. S. That the granting of such permit and the drilling for or pro- duction of oil thereunder in the lo- cation specified will not create a fire hazard or other hazard detri- mental to the. public welfare. 4. That the granting of such Permit will afford equal protection to all property owners within the area affected by the granting of such permit. S. 'That the granting of such permit will not deny to any prop- erty owner the enjoyment of a substantial. property right _granted to other owners irr said vicinity af- fected by said -permit. 6. That the granting of such permit will conserve property val- ues and encourage the most appro- priate. use of land in the immediate vicinity and area affected by the granting of said permit. 7. That the granting of said per- mit will not be detrimental to the orderly development and expansion of the City of Anaheim and the di- rection of building development ac- cording to a well ordered and zoned__ plan. 8. That the granting of said per- mit will not violate any deed or tract restrictions relating to any tract or property affected by said permit unless said permit is con- sented to or said restrictions waved in the manner specified in said deed or tract restricticris or in the manner required by law; provided, however, that in the event that any applicant for per- mit has inadvertently obtained ,on oil and gas lease covering property containing such restrictions, that such applicant shall be given a reasonable opportunity to obtain a waiver of such restrictions or may be permitted to quitclaim such property. 9. That the granting of said per- mits will not be in violation of any state law, regulation or court deci- sion nor any City Ordinance, a permit may be granted as herein authorized, subject to all the terms, provisions and conditions thereof, and upon such other_ reasonable terms, conditions and restrictions as the City Council in its judg- ment may find reasonably neces- sary in the particular instance to achieve the purposes of this Ordi- nance. The City Council shall by resolution either grant or deity said application, which said resolution shall set forth the findings of the City Council and its reasons for granting or denying said permit, and shall direct the City Clerk, It a : permit is gramted, to ieane tot applicants such permit or permits for authority to conduct drilling or other operations as herein author- ized to the extent authorized in property in said area. Any such royalties remaining in any bank or trust company at the time said of- fer expires, which Ere not due or payable as herein provided, shall be paid pro rata to those owners who, at the time of expiration are otherwise entitledto share in the proceeds of such production. SECTION 6. REQUIRED CON- DITIONS FOR DRILLING SITES. Each drilling site established un- der the provisions of this Ordinance shall be subject to the following required conditions: 1. That such drilling site or sites' shall be located and designat- ed at such places and in such manner as to permit the re- covery of oil, gas and, other hydro -carbon substances from the largest area reasonably Possible by directional drill- ing. and in such manner as to comply with the conditions set forth in Section 1 hereof and the State laws, and to af- ford to property owners with- in said area an equal oppor- tunity to recover and reduce to possession oil, gas and oth- er hvdro-carbon substances underlying their property, and In such manner as will be just, fair and equitable, and such as will protect the rights of and result in substantial Justice to 911 concerned, and will avoid unnecessary hard- ship, conserve natural re- sources, and otherwise carry out the spirit andScomply with the provisionsof this Ordi- nance. 2. The City Council shall take evidence and shall determine -- at the time of the public hear- ing for the granting of a per- mit, or a subsequent public hearing. or hearings held and conducted in the same manner, the number of wells that may reasonably be drilled upon and the number of wells that may be reasonably necessary to be drilled upon and from said designated drilling site to properly recover, produce, and reduce to possession the oil, gasand other _hydro -carbon substances from the area which the City Council deter- mines in its judgment can be produced from said drilling site. Permits shall be obtained by each applicant for each well drilled upon such drilling site as hereinafter provided. X. Each applicant reque: ting a permit for the establishment Of a drilling site must have the; proprietary or contractu- al authority to drill for and produce oil, gas and other by dro-carbon substances from such proposed drilling site. 4. .Each controlled drilling site and all exterior parts thereof shall be adequtnely landscaped except for those portions oc- cupied by any required struc. tare, appurtenance or drive- way. and all such landscaping shall be maintained in good condition at all times. B. Each Permittee prior to com- mencing drilling, production or incidental operations p,�r- mitted herein, shall post with the City Council a Corporate Surety Bond (to be approved as to form by the Ctiy Attor- ney) in the sum of $5,000.00 in favor of the City, condi- tioned upon the performance by the Permittee of each and all of the conditions, provi- sions, restrictions and require- ments of the permit and this. Ordinance. No extension of time which may be granted by the City Council or Pay change of specifications ,or re- quirements that may be ap- proved any other alterations,y miodifir cations or waivers affecting any of the obligations of the Permittee made by any City authority or by any other power or authority whatever shall be deemed to exonerate either the Permittee or the surety on any bond posted Pursuant to this Section. SECTION 7. CONDITIONS CON- TROLLING OIL DRILLING AND PRODUCTION. No operations in connection mitt, until a permit has ,been issued therefor pursuant .to an appllca- tion and the determination of pre. _ Monday, October 28, 1861, LEGAL NOTICE ed conditions as hereinabove forth. In addition thereto, the Poring conditions shall also be sired ,conditions under which rations shall be conducted from Controlled Drilling Site: Drilling operations shall be commenced on at least one Controlled Drilling Site with- in 90 days from the effective date of the permit or within such additional time as the Council in its discretion may allow, and thereafter shall be prosecuted diligently to com- pletion. All drilling operations shall be conducted by electric power or. by internal combustion motors or steam driven equipment. If Internal cobustion methods or steam drtven equipment are used, mufflers of modern con- struction, designed to reduce noise to a minimum, shall be installed upon such motors or equipment and also upon mud pump motors. Proven techno- logical improvementsand pro- ducing ' and drilling, methods shall be adopted from time to time as they become available, If capable of reducing noise, vibration, nuisance and annoy- ance. Pumping and producing oper- ations shall at all: times i e carried on only by power, none, of which power shall be generated by Permit- tee on the Controlled Drilling Site or in the Area. Drilling operations shall be carried on or conducted in connection with only one well at a erit- tee onsme anybC Controlled one Drilling Site and such well shall be brought in or abandoned be- fore operations of the drilling of another well are com- menced on such Controlled Drilling Site: provided, how- ever, that the City Council may permit the Rrilling of more than one well on such Controlled Drilling site at any time after a discovery well has been brought in. All oil drilling production op- erations sh-ll be conducted in such a manner as to eliminate, as far as practicrble, dust, noise, vibration or noxious odors, and shall be in accord- ance with good engineering pr^ctice incident to drilling for and .the production of oil, gas, and other hydro -carbon substances. All parts of the derrick above the derrick floor shall be en closed with fire resistant, soundproofing material ap- proved by the Chief of the Fire Department. Heavy trucking of materials, equipment, or pipe used either for drilling 'or production op- erations shall be conducted to or from the Controlled Drill- ing Site only between the hours of 6:00 o'clock A.M., and 6:00 o'clock P.M.. on any day except in case of emergency incident to unforeseen drilling or producing operations. No earthen sumps shall be used except as Council may, approve. Fire fighting equipment as re- quired by applicable fire regu- lations of the City shall be maintained on the site at all times during the drilling and. production operations. Within 60 days after the drill- ing of each well has been com- pleted d production orabanwell doned, d ned,the derrick and all other drilling equipment "shall be entirely re- moved from the Site unless such derrick and appurtenant equipment is to be used in a reason.,ble time for the drill- ing of another well in the same Site. The applicant shall post with the Ciyt Council a satisfactory corporate surety 'bond in favor' of the City, in .the sum of Two Thousand Dol- lars ($2,000.00) per well or Ten Th...a d r1n11H.r: (&10.000.00) LEGAL NOTICE furnished the City Planning Com. mission and/or the City Council at the time of the application for the permit, together with a statement of he methods proposed to be used by said applicant to protect any such producing oil sand or zona which it is proposed to drill into or through by such directional drilling, and the City Council shall, have the right to impose any reas- onableconditions or restrictions upon said applicant to assure itself that any oil sand or zone into or through which it is proposed to ex tend such well will not be mate- rially damaged or destroyed. NO' well shall be bottomed in any land - where the permittee does not have the proprietary or contractual au- thority to drill for and produce oil, gas and other hydro -carbon substances. SECTION 9. ADDITIONAL PER MIT FEE AND BUSINESS Ll- CENSE— Each ICENSE—Each Permittee holding a permit under the provisions of this Ordi- nance, rdinance, shall have the right and such Permittee is hereby permitted. in consideration of the $100.00 Con- troWd Drilling Site Fee, to drill one well in and upon such Drilling Site, but shall pay a further permit fee in the sum of $100.00 for each additional well drilled in or upon such Site, which fee must be paid before drilling= operations 'on any such additional well is commenced, and each such Permittee must also obtain and at all times have and possess a valid and then current' Business License covering each and every well, business or activity conducted by, for, or on behalf of. such Permittee in or upon the premises included within any such Drilling District or Controlled Drilling Site and for which a Busi. ness License is required under the Provisions of this or any other Ordinance of said City. SECTION 10. Every application for the estab- lishment or designation of a drill- ing site shall set forth the boun- daries of the proposed site. Such boundcries may be modified by tae Planning Commission or the City Council if in their judgment such modification is reasonably neces— sary for the preservation and en- joyment of a subst:.ntial property right of the applicant or.any prop erty owner in the area to be ex- plored from said site; or the Plan ning Commission or the City Coun- cil may designate a drilling site other than the one requested for this same reasons and to carry out the spirit and intent of this Ordi- na'nce, and provided that the boun- darles of such proposed drilling site either as established, modified or otherwise designated will not be materially detrimental to the Public welfare or injurious to prop- erty or improvementd in the vicin- ity of its location. That such modi- fication - or designation of sueb: drilling site shall only be made at the time of the hearing of an ap- plication for the establishment or designation of a drilling site as hereinbefore provided, or upon a hearing before the said Planning Commission and/or .City Council, after notice thereofas hereinbe. fore,p�rovided for the hearing of an application for the establishment or designation of a drilling site. SECTION 11. The City Council hereby reserves the right to grant conditional vari. ances'for non -conforming uses un. der this ordinance under unusual circumstances when necessary to preserve substantial p r o p e r t y rights and to prevent hardship and unfairness. SECTION 1'3. VIOLATION OIF CONDITIONS — RIGHT OF CAN•. VLLATION— .IrX the event any owner, lessee, or Permittee shall violate any of the conditions prescribed by this Ordi- nance" or any permit issued hereun- der, the City Council may order the City Clerk to give such owner, les, see or Permittee notice of such vi- olation and if such owner, lessee or Permittee rhall fall, without just cause to commence to remedy such violation within 10 days after re- ceipt of written notice thereof from a, ; Within 60 days a er - ing of each well has been tom- rights and to prevent hardship and unfairness. r trate on bolstering their linebWk- It WB.S the fifth time �+.+• pleted And said well placed on the SECTION 12. VIOLATION OL+' P erg thic maAy :. - -•�-- -- • age. production or abandoned, CONDITIONS — "RIGHT OF CAN•. derrick and all other drilling CyELLATION— equipment shall be entirely re- In the event any owner, lessee, or moved from the Site unless derrick and appurtenant Permittee shall violate any of the such equipment is to be used in a conditions prescribed by this Ordi- nance or any permit issued hereun. reason^ble time for the drill- the der, the City Council may order the ing of another well In same Site. The applicant shall City Clerk to give such owner, les- see or Permittee notice of such vi. post with the Ciyt Council a surety olation and if such owner, lessee or satisfactory corporate bond in favor, of the City, in Permittee ehall fall, without just cause, to commence to remedy such the sum of Two Thousand Dol- violation within 10 days after re- lars ($2,000.00) per well or Ten ceipt of written notice thereof from Thousand Dollars ($10,000.00) wells, the City Clerk, then the City Coun. for five (5) or more the eompli- cil. may by resolution, suspend or conditioned upon ante by the applicant with cancel any permit issued hereun. ! der; provided, however, that such each and all of the provisions suspension or cancellation shall not and conditions set forth in affect the right of the owner, les. this section and such addition- see or Permittee to continue the al conditions and limitations drilling for or production of oil determined by the City Coun- from wells which are then drilling cil at the time of the granting or producing, and as to which no of said permit, to be reason- such violation exists, ably necessary to be imposed SECTION 13. PENALTIES— to carry out the purposes and Any person violating any of the provisions of this Ordinance. provisions of this ordinance shall No oil, gas or other hydro-car- be guilty of a misdemeanor and bon substances may be pro- upon conviction of such violation, duced from any well hereby such person shall be punishable by permitted unless all equipment a fine of not more than $300,00 or necessary for such production by imprisonment in the County Jail Is reasonably screened from of the County of Orange not to ex- view or installed below teed three months or by both such ground .level, and maintained fine and imprisonment In the dis- in accordance with applicable cretion of the Court. fire regulations. Every person, firm or corpora. No production tanks and no tion shall 'be deemed guilty of a tanks or. other facilities for separate offense for each amd eve the storage of mud, water or ery day during any portion of oil shall be erected or main- which any of the provisions of this tained on the Site which ex- ordinance is violated and shall be tend above the ground level to punished therefor as herein pro- a height of more than 18 feet. vided. No refinery or other protea- SECTION l4. INTERPRETA- sing plant of any kind shall TION-=' be constructed, established or If any section, subsection, sen- maintained on the Site at any tence, clause or phrase of this ord- time. inance, or the application of any No sign shall be constructed, thereof to any person or circum- erected, maintained or placed stance be held to be invalid for any on the Site or any part there- reason., such azualidits affect of. except those required or the validity of any other permitted by law, permit, " or provision or application - of this Ordinance, to be displayed In Ordinance whicli can be given ef- f connection with the drilling or fect without they invalid provision maintenance of the well, or application', and to this ends it Suitable and adeduate sant- is hereby decared that the provi- tary toilet and washing,facIII- sions of his Ordinance are sever- ties shall be installed on the able and that this Otdinance and Site and maintAlned in a clean each and every section, sub-section, and sanitary condition at all sentence, clause and phrase there - times. Of would have been adopted irre- Each Permittee and Its agents, spective of the fact that any one successors *And assigns who or more other sections, subsections, conduct drilling• production or sentences, clauses or phrases, or Incidental operations permit- the application of any thereof to ted hereunder, must at all any person, or circumstances, be times be insured to a limit of declared invalid. not 1 e s s than $500,000.00 libaility tort SECTION 15: REPEAL CLAUSE That;all ordinances against in aris_ Ing from drilling, production, and parts of Ordinances, and all Resolutions. and or other activities or opera- parts of Resoultions, heretofore tions conducted or carried on adopted by the City Council of the from any Controlled Drilling Site. The insurance City of Anaheim, California, inso- far as the same conflict policy of shall be written by an insurer with the provisions of this Ordinance. are or insurers satisfactory to the herebv repealed. City and the form of the policy SECTION 16. EFFECTIVE DATE. shill be subject to the apnrov- The City Clerk shallcertify to al of the City Attorney. A 3u- the passage of this ordinance and plicate policy or policies shalt shall cause the same to be printed be filed with the City Clerk.. and published once in the Anaheim Each such pollev shs11 be con- Bulletin, a newspaper of general ditioned or endorsed so as to circulation, printed and published cover all agents. Jasse�s, or and circulated in the City of Ana- heim, California, representatives of the owner, lessee or who mA.y within fifteen (15) days from the date of pas- permittee actually conduct drilling, pro- gage hereof and thirty (30) days from duction or Incidental opera- tions permitted hereunder. and after its final passage, it shall take of€ect and be in full The performance of any act remiTHE to he performed force. FOREGOING ORDINANCE Within within a sbeeisus period of time be susnah dui- was approved and signed b this 23rd day of October, 1951. me a time Pe Ing the time th^t the Permit- CHAS. A. P•EARSON of the City Anaheim tee is prevented from perform , of ATTEST: ATTEST: accidents, Ing by the elements ccidentsCHARLES strikes, lockouts, riots. de- E. GRIFFITH lays in transnortation, inter- City Clerk of the City of Anaheim ference by municipal, state, or STATE OF CALIFORNIA. ) COUNTY° OF ORANGE federal action, or tlk��e action of other )'ss• CIZY OF ANAHEIM government^Y officials or bodies, or any n{her cause 1, CHARLES E. GRIFFITH, City or causes beyond the reason- Clerk of the City of Anaheim, do hereby able control of the Permittee, ttee f tees certify that the foregoing Ordinance was introduced at whether such are lar or dissimilar to the c^uses a reg- uIar meeting of the City Council of specifically mentioned, or so lon'rv longi as the price of oil of the the City of Anaheim, held on the 9th day .of October, 1951, and that produced from any well shall be fess than any $ the some was passed and adopted at a' regulr meeting of the City per barrel at the well. lEt7TIUN Council held on the 23rd day of '('c. tober, 1951, by the following 8, Each person, firm or corporation vote of the members thereof: anted a drilling and/or produc- AYES: COUNCILMEN: Pearson, Haying and Boney. in permit shall furnish to the tv of Anaheim a well survey of NOES: COUNCILMEN: None. ABSENT: eh completed well showing the COUNCILMEN: Wisser and Van Wagoner. •ection and location of the hole Ilied and the exact location of the AND I FURTHER CERTIFY-that ttom of such hole or well, and the Mayor of the City of Anaheim signed and approved said Ordinance ill, upon demand, furnish to the y of Anaheim such a survey of on the 23d day of October, 1451. _ .� v "w ell being .drilled. In- the event IN WITNE.SS,lyjjF> ,�, hereunto set m hand and affix y I - a - ;t it is proposed to drill i well directional methods and pane- the- seal of said City of Anaheim " permitted by law, permit, or i Ordinance, to be displayed in connection with the drilling or maintenance of the well. Suitable and a.deauate sani- tary toilet and washing facili- ties shall be installed on the Site and malntnined in a clean and sanitary condition at all times, Each Permittee and its agents, successors 'end assigns who conduct drilling, production or incidental onerations permit- ted hereunder, must at all times be insured to a limit of not 1 e s s than $500,000.00 against liballlty in tort osis- Ing from drilling, production, or other activities or opera- tions conducted or carried on from any Controlled Drilling Site. The Policy of insurance shall be written by an insurer or insurers satisfactory to the City and the form of the policy shell be subiect to the approv- al of the City Attorney. A lu- plica.te pollev or policies shall be filed with the City Clerk. Eaeh such policy shall be con- ditioned or endorsed so as to cover all agents, lessees, or representatives of the owner, lessee. or permittee who cony actimlly conduct drilling, Pro- duction or incidental opera- tions permitted hereunder. The performance of any act renuired to be performed within a specified Period of time shall be susne`nded. dur- ing the time th^t-the Permit- tee tst prevented from perform- ing by the elements accidents, ,strikes, lockouts, riots. de- lays in transnortation, inter- ference by municinal, state, or federal action, or the action of other government -)officials or bodies, or anv other cause or causes beyond the reason- able control of the Permittee, whether such curies are simi- lar or dissimilar to the c^uses specifically mentioned, or so lonn as the Price of oil of the quality produced from any well shall be less than $.75c per barrel at the well. BECTION 8. tach person, firm or corporation anted a drilling and/or produc >n permit shall furnish to th tv of Anaheim a well survey o ch completed well showing th rection and location of the hol filled and the exact location of th ttom of such hole or well, an %11, upon demand, furnish to th *v of An#heim such a survey o tt, ell being .drilled. In .the even kght is ptopoaed' to drill a wel irectional methods and pone or extend said hole or we an oil producing sn.nd ipe, detailed information shall b yrovisioii - or application - of this Ordinance which can be given ef- ' feet without thel invalid provision or application; and to this ends it rs hereby declared that the provi- sions. of his Ordinance are sever- able and that this Otdinanee and each and every section, sub -section, sentence, clause and phrase there- of would have been adopted irre- spective of the fact that any one or more other sections, subsections, sentences, clauses or phrases, or the application of any thereof to any person, or circumstances, be declared invalid. SECTION 15: REPEAL CLAUSE That;all ordinances and parts of Ordinances, and all Resolutions. and Parts of Resoultions, heretofore adopted by the City Council of the City of Ancheim, California, inso- far as the same conflict with the provisions of this Ordinance, are herebv repealed. SECTION 16. EFFECTIVE DATE. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed and published once in the Anaheim Bulletin, a newspaper of general circulation, printed and published and circulated in the City of Ana- heim, California, within fifteen (15) days from the date of pas- sage hereof and thirty (30) days from and after its final passage, It shall take effect and be in full force. THE FOREGOING ORDINANCE was approved and signed by me this 23rd day of October, 1951. CHAS. A. P.EARSON Mayor of the City of Anaheim ATTEST: CHARLES E. GRIFFITH City Clerk of the City of Anaheim STATE OF CALIFORNIA ) COUNTY ` OF ORANGE )ss. CITY OF ANAHEIM ) 1, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance was introduced at a reg- ular meeting of the City Council of the City of Anaheim, held on the 9th day of October, 1951, and that the same was passed and adopted at a' regulr meeting of the City Council held on the 23rd day of -(`c- tober, 1951, by the following -vote of the members thereof: AYES: COUNCILMEN: Pearson. Heying and Boney. e NOES: COUNCILMEN: None. f ABSENT: COUNCILMEN: Wisser e and Van Wagoner. e AND I FURTHER CERTIFY that e the Mayor of the City of Anaheim d signed and approved said Ordinance e on the 23d day of October, 1951. - f 1N WITNES,S..W_VXj1R.F.QF,:i.-hs" t hereunto set my hand and affixed 1 the, seal of said City of Anaheim Il this 23rd day of October, 1951. CHARLES E. GRIFFITH or e City Clerk of the City of Anaheim ORDINANCE NO. JZZf AN ORDINANCE OF THE CITY On ANAHTIM, CALIFORNIA, REGULATING AYD COITTR)LLITiG THF DRILLING FOR AND PRODUCTION OF OIL, GAS AND OTH-R HYDRO -CARBON SUBSTANCrS LOCATFD '"rITHIN SAID "ITY, AND REQUIR- ING PrRMITS TO BF OBTAIYrD TH;RFFOR; ESTABLISHING CONDITIONS AND STAYDARDS FOR THE GRANTIYG OR DFNIAL OF PERMITS, AND TSTP RLISHING RP'GULA TIONS TO CONTROL THF DRILLING FOR AND PRODUCTION 07 OIL, GAS AND OTHI"R HYDRO -CARROT? SUBSTAYCFS FROM WFLLS ,"'ITHIN SAID CITY 07 AYAHFIM: RrGULATING THS' ERECTION, OPERATION, MAINTFTTANCF AND ABANDON1,717T 07 DERRICKS, FQUIPMETTT AND STRUCTURES APPURTvY.ANT TO SUCH WELLS AND REQUIRING A BOND TO INSTJRF PPRFORMANCF; RE- GULATING THE STORING AAD F.ANDLING OF OIL AND r)THE'R INFLAMMABLE LIQUIDS; REGULATING THr INSTP.!LLATION, USE AND 14AINTFYAYCP OF SUMPS, RFSrRVOIRS, TANKS AND OTHER SIMILAR FACILITIES, AND PROVIDING PT!IALTIrS FOR THF VIOLATION Or THE TERMS OF THIS ORDINANCE. WHFREAS, the City Council of the City of Anaheim, State of California, has heretofore duly passed and adopted Ordinance No. 774 establishing zones in the City of Anaheim, regulating the use of land, adopting a map showing the boundaries of said zones, and containing a comprehensive plan for the establishing of zones and the regulation and establishment of all types of business enter- prises with said City of Anaheim; and WHF'RFAS, said zoning ordinance provides that certain types of uses and businesses therein mentioned possess characteristics of such unique and special form -s to make impracticable their being included automatically in any classes of uses as set forth in the various zones therein defined, and the authority for the location and operation thereof shall be subject to review and the granting of a special use permit; and 'WHFRFAS, among the uses enumerated as aforesaid is the de- velopment of natural resources, together with the necessary buildings, apparatus or appurtenances incident thereto, and IAIH7-PEAS, the City Council finds that oil, gas and other hydro -carbon substances are natural resources, and the regulation and controlling of the drilling for and production of oil, gas and other hydro -carbon substances, and the operation and mainte- nance of all derricks, equipment and structures.apnurtenant to such wells is necessary to promote the g, ner� l welfare, to pre- vent the creation and maintenance of nuisances, and to prevent fire hazards, to equally protect all property rights and to promote an orderly plan of community develoument, and. not diminish property values, and to secure to each property oi�.,ner a just distribution from any common source of supply of oil, gas and other hydro- carbon substance; and that the regulations and provisions herein- after made and set forth have been made with due consideration of the foregoing purposes, and with a reasonable consideration of the conditions and hazards which may arise in connection with the drilling and producing of oil, gas and other hydro -carbon substances and with due consideration of the necessity for reason- able regulations to avoid such hazards and conditions and with a view of conserving property values and encouraging the most ap- propriate use of land throughout the City and. in consideration of the direction of planning development according to a well - considered plan and more particularly as set forth in City Ordi- nance No. 774 of the City of %naheim; and `".'HTMr-'l.S, the City Council finds that certain reasonable standards and conaitions s. the granting or denying, of latinf and controlling the gas and other hydro -carbon the City to achieve the pu WH7R7AS, it is hereby hould be established and set forth for permits, a nd for the purpose of regu- drilling for and production of oil, substances from wells located within rposes hereinbefore set forth; and declared to be the object and purpose of this ordinance to establish and provide reasonable and uniform rules, regulations, controls, limitations and safeguards for the reasonable and safe drilling for the production of oil, gas and other hydro -carbon substances from controlled drilling sites lo- cated within the City of "naheim as hereinafter provided to achieve the purposes hereinafter mentioned and particularly to protect -2- the public hcalth, safety anu general lraelfare -+nd encourage the most appropriate use of land throughout the City and the aevelop- ment and Expansion of the City according to a well -considered and zoned plan, 2;'O `', `T' 7R7FOR7, TH7 "TTY C UNC IL nT ^THT C ITY OF ^ r " H , IM D07S ORD` IT? IF T'OTLO1':'S. SECTION 1. DEFINITIONS - "City" shall mean the City of Anaheim in the County of Orange, State of California. "Controlled Drilling Site" and "Site" shall each mean that particular area located within any part of the "ity upon which sur- face operations for oil well drilling or other operations for the production of oil, gas or other hydro -carbon substances shall be permitted under the provisions of this ordinance established and controlled as hereinafter provided. "Oil" as used in this ordinance shall mean and include oil, gas and other hydro -carbon substances. "Shall" and "May": "Shall", when used in this ordinance, shall be mandatory. "May", when used in this ordinance, is per- missive. "Person" shall mean and include one or more natural persons, associations, co -partnerships, corporations or other legal entities. "Nuisance": The term "Nuisance" as used in this ordinance snall be any of the things declared to be a. nuisance by Section 3479 of the Civil Code of t1: e, State of California, or Section 370 of the Penal Code of the State of California. STCTION 2. DRILLITJG AND PROT IJCIT'G P-RMITS RFOTTIRrD - It shall be unlawful for any person, firm or corporation to drill, re -drill, whipstock, side-track or deepen or to otherwise recon- dition any well or conduct any other operations for'the drilling for or producing oil, gas or other hydro -carbon substances within the corporate limits of the City of Anaheim unless and until such person shall have obtained a permit therefor pursuant to the pro- -3- visions of this ordinance. An application for any such permit or permits shall be filed and a public hearing had thereon as herein- after provided, and at such public hearing it shall be shown: 1. That the granting of such permit and the drilling for or producing of oil thereunder will not create a nuisance. 2. That the granting of such permit will not be detrimental to public health, safety or welfare. 3. That the granting of such permit and the drilling for or production of oil thereunder in the location designated will not create a fire hazard or other hazard detrimental to the public welfare. 4. That the granting of such permit will afford equal pro- tection to all property owners within the area affected by the granting of such permit. 5. That the granting of such permit will not deny to any property owner the enjoyment of a substantial property right granted to other owners in said vicinity affected by said permit, 6. That the granting of such permit will conserve property values and encourage the most appropriate use of land in the immed- iate vicinity and area affected by the granting of said permit. 7. That the granting of said permit will not be detrimental to the orderly development and expansion of the City of Anaheim and the direction of building development according to a well ordered and zoned plan. 8. That the granting of said permit will not violate any deed or tract restrictions relating to any tract or property affected by said permit unless said permit is consented to or said restrictions waived in the manner specified.in said deed or tract restrictions or in the manner required by law; provided, however, that in the event that any applicant for permit has inadvertently obtained an oil and gas lease covering property containing such restrictions, that such applicant shall be given a reasonable opportunity to obta:i.n a waiver of such restrictions or may be permitted to quitclaim such property. 9. That the granting of said permits will not be in violation of any state law, regulation, court decision nor any City Ordinance, An adverse finding upon any one of the conditions set forth in Section 2 hereof shall be sufficient cause to justify the denial of an application for a drilling and/or production permit if any such condition or conditions substantially affect the public health, safety or general welfare, or a substantial property right or rights; or substantially affect the orderly development and expansion of the City of Anaheim and the direction of building development according to a well—considered and comprehensive plan and a con— servation of property values. SECTIONS. All oil well drilling, producing and surface opera— tions shall be conducted from drilling sites designated by the City Council of the City of Anaheim. The location, size and shape of such drilling sites shall be determined and prescribed by the City Council and may from time to time be enlarged whenever, in the judgment of the City Council, an enlargement thereof is necessary' to carry out the spirit, intent and purposes of this Ordinance. Such drilling site or sites shall be selected and designated by th=: City Council after a full consideration of the purposes set fort:. in this Ordinance and in a manner to carry out the spirit and intenij and to achieve the purposes of this Ordinance. Directional dri7.linf may be permitted from said designated drill sites under the cond.).- tions herein set forth and in compliance with state laws and sucr other reasonable regulations, conditions, oe restrictions as the City Council finds are reasonably necessary in a particular .ns'ban-;�• to carry out the spikit and purpose of this Ordinance. No drill site or sites shall be located upon any wand or prD-,,- erty within the City without the consent of the owner or -Tiner therecf, unless the owner thereof has executed a lease o:� ctn2i- -5-- instrument giving and granting to any person, firm or corporation the right to drill, prospect for, and produce oil from said property, SECTION 4. APPLICATION FOR DRILLING AND/OR PRODUCING PERMIT. Any person, firm or corporation desiring to obtain a permit to drill, re -drill, whipstock, sidetrack or deepen, or to otherwise recondition any well, where a new hole is made, shall make and file a written application with the City Clerk to obtain such permit to conduct such operations from a drill site to be designated by the City Council of the City of Anaheim, which drill site shall be used for the exploration and recovery of ofl from such area as the City Council shall find may reasonably be explored, and oil, gas, or other hydro --carbons produced therefrom, in the manner and upon the conditions hereinafter set forth, and such other reasonable condi- tions or restrictions as may be imposed by the City Council by reason of the unusual or peculiar circumstances found to exist, and affecting a particular location or a particular application for such permit. Such drill site or drill sites shall be selected and desig- nated with full consideration of the purposes hereinbefore mentioned and for the purpose of carrying out the spirit and intent and achieving the purposes of this Ordinance, and particularly with a view of protecting, safeguarding and promoting the public health, safety and general welfare, and assuring to all property owners affected by said permit, fairness and protection of substantial property rights and an equal opportunity to recover and reduce to possession any oil, gas, or other hydro -carbon substance underlying his or her property. Such application shall be in writing, duly verified under oahh by or on behalf of the applicant and shall con- tain or be accompanied by the following information, documents and fee; 1. The name and address of the applicant. 2. A description of the land or area for which the applicant has the proprietary or contractual authority to drill upon such drill site. —6— 4•. A description of the area which the applicant seeks to explore, or from which oil, gas or other hydra -carbon substances are to be produced from the drill site requested by the applicant or designated by the City Council of the City of Anaheim, if a permit is granted. 5. A scale map or plat of each proposed oil producing area showing the boundaries, location and area thereof. 6. A scale map or plat of each proposed or requested drilling site showing the boundaries, location and area thereof, the exist- ing surface uses of the areas within such site or sites, and also the surface uses of the area within three hundred feet outside of the exterior boundaries of each proposed drilling site. 7. A statement or other information showing that said produc- ing area and drilling site or sites, and applicant's rights in respect thereto, otherwise conform to the requirements of this Ordinance, entitling applicant to the requested permit. 8. A tentative plan of development and producing operations showing; a. The method by which Applicant proposes to drill, complete, and produce such wells and the type, size, and kind of equipment and installations to be used in connection therewith. b. The precautions Applicant proposes to take against fires, noise, odors and other hazards incident to drilling and other operations conducted on 'each such Controlled Drilling Site, c. The proposed routing of trucks and other traffic incident to such drilling and other operations conducted on each such Controlled Drilling Site. d. A landscaping plan showing the size, type and kind of walls, fences, shrubbery or other screen- ing to be installed and maintained for concealment (1) during drilling operations and (2) thereafter _7_ so long as the Controlled Drilling Site or Sites are in use. 9. A permit fee in the amount of $100.00 shall be paid by each applicant for each well drilled or proposed to be drilled upon a Controlled Drilling Site, SECTION 4. The City Council shall not be bound to grant a permit for any drill site or drill sites requested in any application, but may designate another drill site or sites in place and stead thereof, and such City Council hereby reserves the right to determine: in accordance with the provisions of this Ordinance, the shape, size and extent of the area that may be reasonably and successfully ex- plored, or from which oil, gas and other hydro -carbon substances may be produced from a well or wells drilled upon any designated drill site. The determination therehf shall be made in accordance with the provisions of this Ordinance and with a view of carrying out the ex- press purposes hereof. SECTION 5. ESTABLISHMENT OF DRILL SITES AND OIL PRODUCING AREAS - PROCEDURE, HEARING AND PROVISIONS FOR PARTICIPATION OF ALL OWNERS. (A) Upon the filing of an application as provided in the preceding section, the City Council shall in its discretion either: 1. Refer said application to the City Planning Commission to hold and conduct a public hearing thereon, and for an examination, report and recommendation thereon, or 2. Fix a time and place for a public hearing thereon be- fore the City Counbil. In the event the City Council in its discretion shall refer said application to the City Planning Commission, and the City Planning Com- mission either makes a report thereon in the time required herein, or does not submit to the City Council its report on such application within thirty- five days (or such additional time not to exceed IM ti,renty-five days, as shall be authorized by the City Council prior to the expiration of said thirty-five day period) from the date of the reference of such applioa- tion to the said Planning Commission, then at the meeting of the City Council immediately following the expiration of said thirty-five day period or at a meeting to t.rhich the matter is daily and regularly continued, (not exceeding, t1pro weeks) the City Council shall set such apDlication for public hearing before the City Council, Whenever said application is set for hearing before the City Council either as an original hearing or after receiving the report and recommendation from the City Planning Commission, or after failure of the City Planning Commission to make a report and recom- mendation thereon within the time herein required, the City Council shall fix a time for the hearing of said application not less than ten nor more than thirty-five days, if an original hearing, and not more than twenty- five days whera said application has been previously referred to the City Planning Commission, from the date- of the making of said order fixing the date for such public hearing, and shall direct the City Clerk to give notice of the filing of such application and of the hearing thereon. Such notice shall set forth the name and address of the applicant and the time and place and purpose of the hearing. A copy of said notice shall be posted at the City ih,ll and shall remain posted not less than ten days prior to the date of said hearing and copies of such notice shall also be posted, not less than one to each city block, within an area extending 300 feet in all directions from tha exterior boundaries of any proposed drill site, and copies of such notice shall be mailed, at least ten days" before date of hea,ri nc, to all property owners owning property within 300 feet from the exterior boundaries of said proposed drill site, as the names and addresses of such property owners appear upon the assessment roll and records in the office of the City Assessor of the City of Anaheim. Said notice shall also be published not less than once prior to said hearing in a newspaper of general circulation in said City as designo.ted by the City Council. The publication of said notice shall be not less than ten days prior to date of said hearing. (B) The City Council and Planning Commission shall have the pbIwer-;andlauthority to subpoena and compel the attendance of wit- nesses, and the production of pavers and records at said hearing, to swear and examine all witnesses under oath, and may from time to time continue such hearing to a data certain, without further notice. Hearing before the Planning Commission shall be called upon notice specified in Section 5. (C) At such hearing the Planning Commission or the City Council shall receive evidence relating to any matter material to said appli- cation, and give to all partios directly interested or who may be affected by the action taken in respect thereof, a reasonable oppor- tunity to be heard and to present evidence. After the conclusion of said hearing the City Council or the City Planning Commission, as the case may be, shall make its findings, and if it finds that: 1. That the granting of such permit and the drilling for or producing of oil thereunder will not create a nuisance. . 2. That the granting of such permit will not be detrimental to public health, safety or welfare. 3, That the granting of such permit and the drilling for or pr! duction of oil thereunder in the location specified will not create fire hazard or other hazard detrimental to the public welfare. 4. That the granting of such permit will afford equal proteotior. S N -10- to all property owners within the area affected by the granting of such permit. 5. That the granting of such permit will not deny to any prop- erty owner the enjoyment of a substantial property right granted to other owners in said vicinity affected by said permit. 6. That the granting of ouch permit will conserve property values and encourage the most appropriate use of land in the immedi- ate vicinity and area affocted by the granting of said permit. 7. That the granting of said permit will not be detrimental to the orderly development and expansion of the City of Anaheim and the direction of building development according to a well ordered and zonad plan. S. That the granting of said permit will not violate any deed or tract restrictions relating to any tract or property affected by said permit unless said permit is consented to or said restrictions waived in the manner specified in said deed or tract restrictions or in the manner required by law; provided, however, that in the event that any applicant for permit has inadvertently obtained an oil and gas lease covering property containing such restrictions, that such applicant shall be given a reasonable opportunity to obtain a waiver of such restrictions or may be permitted to quitclaim such property. 9. That the granting of said permits will not be in violation of any state law, regulation or court decision nor any City Ordinance, a permit may be granted as herein authorized, subject to all the terms, provisions and conditions thereof, and upon such other reason- able terms, conditions and restrictions as the City Council in its judgment may find reasonably n,:cessary in the particular instance to achieve the purposes of this Ordinance. The City Council shall by resolution either grant or deny said application, which said resolu- tion shall set forth the findings of the City Council and its reasons for granting or denying said permit, and shall direct the City Clerk, if a permit is granted, to issue to applicants such permit or permits for authority to conduct drilling or other operations as herein auth- orized to the extent authorized in said resolution and permit, by maans of wr,Als or other surface operations located on the drill site or sites dosignated by the City Council and subject to such other r;asonabla torms, conditions and requirements as the City Council shall find and determine may be reasonably necessary in its judgment to conserve the public safety and general welfaro, and as will provide :ior and result in the proper drilling of said well and/or the devel- opment of such producing zones as may underlie the incorporated area of the City of Anaheim from wells drilled on such drilling site or sites and as may be found and determined by the council to ba just, fair and equitable, and such as will protect the rights of and result in substantial justice to all concerned and avoid unnecessary hardship and conserve such natural rosourees in the interest of the general welfare and accomplish the greatest good and result in the lust det- riment to all persons concerned, considering the rights of evoryone affocted as a whole, and otherwise; Carry out the spirit and purposes of land comply with the provisions of this Ordinance. Such permit shall bo effective from and after the date of issuance thereof and shall remain in f orco until revoked by the City Council. The City Council reserves the right to cancel, suspend or ravoko any permit issued hereunder for good oausa or for a violation of any of the terms or provisions of this Ordinance, (D) Each Permittee or his successor in interest shall at the time of receiving such permit for the drilling for and/or production of oil, gas and other hydro -carbon substances execute an offer in writing giving to each record oTmer of the property within the area from which said oil, gas or other hydro -carbon substances can reason- ably be recovered or produced from the drilling site for which a permit is given, as determined from evidence prosentod at a public hearing for the granting of such parmit, the right to royalties, to wit: Tho right to share in tho proceeds of production from Trolls -12- bottomed in said area upon the sane basis as those property owners who have by lease or other lagal consent agreed to the drilling for and production of oil from the sub -surface of said area. The offer hereby required must remain open for acceptance for a period of at least one (1) year after tho date of production, or until such prop- erty owner or owners shall have released or waived all claim thereto, and provided further that th leasing by any property owner in the said area of his, her, or its property to a person, firm, or corpora- tion other than the Permittee, shall constitute a waiver and a release of their claim to royalties impounded for them by said Permittee as herein provided, so long as the property of said owner or owners re- mains subject to other lease or leases, but in no event shall any such owner or owners have any claim to royalties impounded after a period of one (1) year after production. During the period said offer is in effect, said Permittee or his successors in interest shall im- pound all royalties to which said owners, or any of them, may be entitled in a bank or trust company in the State of California with proper provisions for payment to the said record owners.of property in the area who have not signed the lease at the time such permit became affective but who accept such offer in writing within such period and consent to the production of oil from their property and the sharing of royalties upon the same terms and conditions as the oirlers of other property in said arca. Any such royalties r0maining in any bank or trust company at the time said offer expires, which are not due or payable as horein provided, shall be paid pro rata to those owners who, at the time of expiration are otherwise entitled to share in the proceeds of such production. SECTION 6. REQUIRED CO'DITIONS FOR DRILLING SITES. Each drilling site established under the provisions of this Ordinance shall be subject to the following required conditions: 1. That such drilling; site or sites shall be located and designated at such places and in such manner as to permit -13- the recovery of oil, gas and other hydro -carbon substances from the largest area reasonably possible by directional drilling, and in such manner as to comply frith the condi- tions set forth in Section 1 her�:of and the State lay%rs, and to afford to airope;rty otrners ?rithin said area an equal opportunity to recov.-r and reduce to possession oil, gas and other hydro -carbon substances underlying their property, and in such Manner as will ba just, fair and equitable, and such as will protect the rights of and result in substantial justice to all concerned, and will avoid unnecessary hard- ship, conserve natural resources, and otherwise carry out the spirit and comply with the provisions of this Ordinance., ?. The City Council shall take evidence and shall determine at the time of the public hearing for the granting of a peri:iit, 'or a subsequent public hearing or hearings held and conducted in the same manner, the number of wells that _.iiay reasonably be drilled upon and the number of wells that may be reason- ably necessary to be drilled upon and from said designated drilling site to properly recover, produce, and reduce to possession the oil, gas and other hydro -carbon substances from the area which the City Council determines in its judgment can bo produced from said drilling site. Permits shall be obtained by each applicant for each drilled upon such drilling site as hereinafter provided. 3. Each applicant requesting a permit for the establishment of a drilling site must have the proprietary or contractual authority to drill for and produce oil, gas and other hydro- carbon substances from such proposed drilling site. 4. Each controlled drilling site and all exterior parts thereof shall be adequately landscaped except for those portions occupied by any required structure, appurtenance or driveiray, and all such landscaping shall bL riaintain,�d in good condi- tion at all times, -14- 5. each Permittee prior to coi�ulencing drilling, production or incidantal oporations permitted herein, shell post with the City Council a Corporate Suroty Bond (to be approved as to form by the City Attorney) in the sum of ;5,000.00 in favor of the City, conditioned upon the performance by the Per- mittea of each and all of the conditions, provisions, ra- strictions and requirements of the permit and this Ordinance. No extension of time which may be granted by the City Council or any change of specifications or requirements that may be approved or required by it, or any other alterations, .Modi- fications or waivers affecting any of the obligations of the Permittee Made by any City authority or by any other power or authority whatevor shall be d.,timed to exonerate either the Permittea or the surety on any bond posted pursuant to this Section. SECTION 7, CONDITIONS CONTROLLING GIL DRILLING AND PRODUCTION. Pio operations in connection with the drilling for and producing_ of oil shall be commenced unless and until a permit has been issued therefor pursuant to an application and the determination of pre- scribed conditions as herainabova set forth. In addition thereto, the following conditions shall also be raquired conditions under which operations shall be conducted from any Controlled Drilling Site: 1• Drilling operations shall be cormianced on at least one Controlled Drilling Sita within 90 days from the effective dato of the pormit or within such additional time as the Council in its discration may allow, and thereafter shall be prosecuted diligently to completion. 2. All drilling operations shall be conducted by eloctric power or by internal combustion motors or steam driven equipment._ If internal combustion methods or steam driven equipment are usad, mufflors of modarn construction, designed to reduce noiso to a minimum, shall ba installed upon such motors or -15- equipment and also upon mud pump motors. Proven technological improvements and producing and drilling methods shall be adopted from time to time as they beco.ie available, if capable of reducing noise, vibration, nuisance and annoyance. 3. Pumping and producing operations shall at all times be carried on only by elaetrical power, none of which power shall be gen- erated by Parmittee on the Controlled Drilling Site or in the Arca. 4. Drilling operations shall be carried on or conducted in conn- ection Vrith only one well at a time by any one permittee on any Controlled Drilling Sit; and such well shall be brought in or abandoned before operations of the drilling of another well are cor.manced on such Controlled Drilling Site; provided, how- ever, that the City Council may permit the drilling of more than one well on such Controlled Drilling Site at any time after a discovery lrrell has been brought in, 5. All oil drilling production operations shall be conducted in such a -manner as to eliminate, as far as practicable, dust, noise, vibration or noxious odors, and shall be in accordance with good angine,)ring practice incident to drilling for and the production of oil, gas, and other hydro -carbon substances. 6. All parts of the derrick above the derri& floor shall be enclosed with fire resistant, soundproofing material approved by the Chief of the Fire Department, 7. Heavy trucking of materials, oquiprlent, or pipe used either for drilling or production operations shall be conducted to br from the Controlled Drilling Site only between the hours of 6:00 oteloek A.M., and 6:00 oteloek P.I.I., on any d. -,.y except in caa of emergency incident to unforeseen drilling or pro- ducing operations. 8. No earthen sumps shall be used a xcopt as Council may approve. 9. Fire fighting equipment as required by applicable fire regulations of the "ity shall be maintained on -16- the site at all times during the drilling and pro- duction operations. 10. Within 60 days after the drilling of each well has been completed and said well placed on production or abandoned, the derrick and all other drilling equipment shall be entirely removed from the Site unless such derrick and appurtenant equipment is to be used in a reasonable time for the drilling of another well in the same Site. The applicant shall post with the City Council a satisfactory corporate surety bond in favor of the City, in the sum of Two Thousand Dollars (02,OQO.00) per well or Ten Thousand Dollars (,10,000.00) for five (5) or more wells, con- ditioned upon the compliance by the applicant with each and all of the provisions and conditions set forth in this section and. such additional conditions and limitations determined by the City Council at the time of the granting of said permit, to be reasonably neces- sary to be imposed to carry out the purposes and pro- visions of this Ordinance. 11. No oil, gas or other hydro -carbon substances may be produced from any well hereby permitted unless all equipment necessary for such production is reasonably screened from view or installed below ground level, and maintained in accordance with applicable fire regu- lations. 12. No production tanks and no tanks or other facilities for the storage of mud, water or oil shall be erected or maintained on the Site which extend above the ground level to a height of more than 18 feet. 13. No refinery or other processing plant of any kind shall be constructed, established or maintained on the Site at any time. -17- 14. No sign shall be constructed, erected., maintained or placed on the Site or any part thereof, except those required or permitted by law, permit,. or Ordinance, to be displayed in connection with the drilling or maintenance of the well. 15. Suitable and adequate sanitary toilet and washing facilities shall be installed on the Site and main- tained in a clean and sanitLry condition at all times. 16. Each Permittee and its agents, successors and assigns who conduct drilling, production or incidental opera- tions permitted hereunder, must at all times be in- sured to a limit of not less than $500,000.00 against liability in tort arising from drilling, production, or other activities or operations conducted or carried on from any Controlled Drilling Site. The policy of insurance shall be written by an insurer or insurers satisfactory to the City �x�$�[jCX�C��Ix3C1�8�x8$x7C�C�iIC�S��tg��X����x�� and the form of the policy shall be subject to the approval of the City Attorney. A duplicate policy or policies shall be filed with the City Clerk. Each such policy shall be conditioned or Endorsed so as to cover all agents, lessees, or representatives of the owner, lessee or permittee: who may actually conduct drilling, production or incidental operations per- mitted. hereunder. 17. The performance of any act required to be performed within a specified period of time shall be suspended during the time that the Pcrmittee is prevented from performing by the elements, accidents, strikes, lock- outs, riots, delays in transportation, interference by municipal, state, or federal action, or the action of other governmental officials or bodies, or any -18- other cause or causes beyond the reasonable control of the P4rmittee, whether such causes are similar or dissimilar to the causes specifically mentioned, or so long as the price of oil of the quality produced from any well shall be less than 111-..75� per barrel at the well. SECTION B. Each person, firm or corporation granted. a drilling and/or production permit shall furnish to the City of Anaheim a'well survey of each completed well showing the direction and location of the hole drilled and the exact location of the bottom of ,such hole or well, and shall, upon demand, furnish to the City of Anaheim such a survey of any well being drilled, In the event that it is proposed to drill a well by directional methods and pene- trate or extend said hole or well through an oil producing sand or zone, detailed information shall be furnished the City Plan- ning Commission and/or the City Council at the time of the appli- cation for the permit, together with a stt.tement of thu; methods proposed to be used by said applicant to protect any such pro- ducing oil sand or zone which it is proposed to drill into or through by such directional drilling, and the City Council shall have the right to impose any reasonable conditions or restric- tions upon said applicant to assure itself that any oil sand or zone into or through which it is proposed to extend such well will not be materially damaged or destroyed. No well shall be bottomed in any land where the permittee does not have the proprietary or contractual authority to drill for and produce oil, gas and other hydro -carbon substances. SECTION 9. ADDITIONAL PT'RMIT FFF AND BUSINESS LICFNSE - Each Permittee holding a permit under the provisions of this Ordinance, shall have the right and such Permittee is hereby permitted, in consideration of the 0 100.00 Controlled Drill- ing Site Fee, to drill one well in and upon such Drilling Site, -is- but shall pay a further permit fee in the sum of '� 100.00 for each additional well drilled in or upon such Site, which fee must be paid before drilling op'erations on any such additional well is commenced, and each such Permittee; must also obtain and at all times have and possess a valid and then current Business License covering each and every well, business or activity con- ducted by, for, or on behalf of, such Permittee in or upon the premises included within any such Drilling District or Controlled Drilling Site and for which a Business License is required under the Provisions of this or any other Ordinance of said City. SFCTION 10. Every application for the establishment or designation of a drilling site shall set forth the boundaries of the proposed site, Such boundaries may be modified by the Planning Commission or the City Council if in their judgment such modification is reasonably necessary for the preservation and enjoyment of a substantial property right of the applicant or any property owner in the area to be explored from said site; or the Planning Commission or the City Council may designate a drilling site other than the one requested for the same reasons and to carry out the spirit and intent of this Ordinance, and providedthat the boundaries of such proposed drilling site either as established, modified or otherwise designated will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity of its location. That such modification or designa- tion of such drilling site shall only be made at the time of the hearing of an application for the establishment or designation of a drilling site as hereinbefore provided, or upon a hearing before the said Planning Commission and/or City Council, after notice thereof as hereinbefore provided for the hearing of an application for the establishment or designation of a drilling site. SECTION 11. -20- The City Council hereby reserves the right to grant condi- tional variances for non -conforming uses under this ordinance under unusual circumstances when necessary to preserve substantial property rights and to prevent hardship and unfairness. SECTION 12. VIOLATION OF CONDITIONS - RIGHT OF CANCELLATION - In the event any owner, lessee, or Permittee shall violate any of the conditions prescribed by this Ordinance or any permit issued hereunder, the City Council may order the City Clerk to give; such owner, lessee or Permittee notice of such violation and if such owner, lessee or Permittee shall fail, without just cause, to commence to remedy such violation within 10 days after receipt of written notice thereof from the City Clerk, then the City Coun- cil, may by rLsolution, suspend or cancel any permit issued here- under; provided, however, that such suspension or cancellation shall not affect the right of the owner, lessee or Permittee to continue the drilling for or production of oil from wells which are then drilling or producing, and as to which no such violation exists. SFCTION 13. PFNALTITS - Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction of such violation, such person shall be punishable by a fine of not more than $300.00 or by imprisonment in the County Jail of the County of Orange not to exceed three months or by both such fine and imprisonment in the discretion of the Court. Every person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any of the provisions of this ordinance is violated and shall be punished therefor as herein provided. SECTION 14. INTrRPRFTATION - If any section, subsection, sentence, clause or phrase of this ordinance, or the application of any thereof to any person or circumstance be held to be invalid for any reason, such IFM invalidity shall not affect the validity of any other provision or application of this Ordinance which can be given effect with- out the invalid provision or application; and to this end, it is hereby declared that the provisions of this Ordinance are severable and that this Ordinance and each and every section, sub- section, sentence, clause and phrase thereof would have been adopted irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases, or the application of any thereof to any person, or circumstance -,s, be declared in- valid. SECTION 15. RFPPAL CLAUSE That all Ordinances and parts of Ordinances, and all Resolu- tions and parts of Resolutions, heretofore adopted by the City Council of the City of Anaheim, California, insofar as the same conflict with the provisions of this Ordinance, are hereby re- pealed. SECTION 16. EFFECTIVE DATE. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed and published once in the Anaheim Bulletin, a newspaper of general circulation, printed and published and circulated in the City of Anaheim, California, within fifteen (15) days from the date of passage hereof and thirty (30) days from and after its final passage, it shall take effect and be in full force. THfi FOREGOING ORDINANCE was approved and signed by me this ,::a9 e73 day of /1� 1951. h Mayor of thu C y of Ana e m ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as. CITY OF ANAHEIM ) I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance was intro- duced at a regular meeting of the City Council of the City of Anaheim, held on the , day of 12-0 , 1951, and that the same was passed and adopted at a regular meeting of the City Council held on the �2 L? day of � , 1951, by the following vote of the members thereof: AYES: COUNCILMEN:�,' NOES: COUNCILMEN: `72 ABSENT: COUNCILMEN: AND I* -FURTHER CERTIFY that the Mayor of the City of Anaheim signed and approved said Ordinance on the ­rc7 day of 1951. IN WITNESS 14HEREOF, I have hereunto set my hand and affixed the seal of said City of Anaheim this ?z 3 day of 1951. _ 23_ of the City of Anaheim