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-
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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-
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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.
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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
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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
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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
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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
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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,
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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
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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
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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.
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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