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ORDINANCE 21141 1421 ORDINANCE NO. 211 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, REGULATING THE DRILLING, MAIN- TENANCE AND CONSTRUCTION OF OIL AND GAS WELLS THEREIN; PROVIDING PENALTIES FOR THE VIOLATION OF THE PROVISIONS THEREOF; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. The City Council of the City of El Segundo, California, does ordain as follows: SECTION 1. That it shall be unlawful for any person, firm or corporation, whether as principal, agent or otherwise, to drill, bore or otherwise sink or dig, or operate or maintain, any oil or gas well., or oil or gas wells, or to commence, carry on or prosecute the erection of any derrick or derricks, or other structures for, or for use in connection with any such well or w ells, or to maintain the same in any portion of the City of E1 Segundo, California, without a valid, current and subsisting permit from the City Council of said City so to do, first had and obtained. Application to drill, bore or otherwise sink or bore any such well or wells, and to erect and maintain the usual and necessary structures in connection therewith, shall be made to said Council in writing by the applicant for such permit, stating the name of applicant, the definite location of the proposed well and appurtenant structures, the purpose for which the same is to be drilled, bored or otherwise sunk or dug, and a statement that if such permit is granted, said well will. be drilled, bored or other- wise sunk or dug at the location shown in said application and ' that the permit for same contemplated hereunder, if granted by said Council, may contain a provision as a condition thereof 1- that said well.will be located at the place so designated and that otherwise said permit shall lapse and become and remain void. Each such application shall be accompanied by two 1422 duplicate maps or plats correctly showing the exterior boundaries of the property or properties covered by the lease or leases under or pursuant to which the well applied for is to be drilled, together with the name or names and address or addresses of the lessor or lessors, and the description of the property owned by each respective lessor; and also the area or areas covered by any adjoining leases owned or drilled by the appli- cant, or in which the applicant is interested, as the City Council of said City deems that the public peace, health, safety, interest and convenience of said City require that said Council be fully advised with reference to such matters when consider- ing any such application. The said respective areas shall be designated either by colored boundary lines or by shading so as to accurately indicate the extent thereof respectively. Any permit issued upon such application, may contain a provision as a condition thereof, that any misrepresentation of fact con- tained in such application, shall be grounds for the revocation of said permit and all rights of the permittee therein named shall cease and terminate. SECTION 2. When the City Council has authorized the issuance of any permit hereunder, the same shall be signed by the Building Inspector of said City and the City Clerk shall attend to all details in connection with the presentation of such applications and the actual issuing of such permits. SECTION 3. That until the further order of said Council, no fee shall be charged for any such permit, but each permittee shall pay for each derrick, well and /or operations referred to in or authorized by any permit, an annual license 2- IZ-1 fee or operating charge of $150.00. Said fee shall be payable annually in advance on the basis of a calendar year. Only the first annual charge shall be pro rated. No such license fee or operating charge, or any part thereof, shall be refunded. Such license Pee or operating charge must con- tinue to be paid for each well, as long as drilling operations, drilling, mining, pumping or other operations in or about the same continue, including the production therefrom of oil, gas or other hydrocarbon substance from a flowing well, and as long as such derrick remains standing, and until the well referred to in such permit has been fully, completely and satisfactorily abandoned in accordance with the rul ©s and regulations of the Division of Oil and Gas, of the Department of Natural Resources, of the State of California, and of said City, relating to the abandonment of such wells, and until the premises relating to such well have been cleaned up and restored as nearly as reasonably possible to the same condi- tion as that in which they existed at the time of the granting of such permit. The first license fee or operating charge herein established shall become due and payable on the effective date of this ordinance as to all wells, permits for which were issued prior to such effective date, and for all wells, permits for which are hereafter issued, shall become due and payable on the date of the granting of such respective permits by the said City Council. The annual fees or charge herein pre- scribed shall thereafter become due and payable on the first day of each and every calendar year. If any license fee or operating charge herein prescribed is not paid within fifteen days after the same becomes due and payable, a penalty shall: accrue upon the same, in the sum of $50.00. Unless such license fee and such penalty thereon be paid within fifteen days after the date upon which the'same became delinquent, a- 1.424 then and in that event the City Council may declare any such permit forfeited, and all rights of the permittee . therein named thereunder shall cease and terminate. SECTION 4. Every permittee shall either, before or at the time of securing his or its permit, and a permittee now operating under a permit heretofore granted, shall at the time this ordinance takes effect, deliver to the City Clerk of the City of El Segundo, California, a bond approved by the City Attorney of said City as to form, and by the Chief executive officer of said City as to sureties, for the principal sum of $5,000.00, payable to said City of E1 Segundo, California, indemnifying said City against any loss which may be suffered by said City or any public property therein located, or by any public street, avenue, alley, way or place within said City, by reason of the drilling or re- drilling, or existence, or operation, abandonment or conduct of the well referred to in his or its permit, or the violation of the terms and conditions of his or its permit, or any of them, or the failure of said permittee to remove the derrick and /or its appurtenances, or any act whether of commission or omission on the part of said permittee, or any agent or contractor employed in connection with the well referred to in the respective permit, or any agent or contractor acting under direction of said permittee. Any permittee now engaged or who or which shall hereafter engage in the drilling or re- drilling or existence or operation, abandonment or conduct of five or more wells at any one or the same time, may file with the City Clerk of said City of El Segundo, California, one bond approved by the City Attorney of said City as to form and by the Chief executive officer of said City as to sureties for the principal sum of $25,000.00, to cover all operations of such permittee, indemnifying said City against any loss which may be suffered by said City, or any public property therein 4- 1.425. located, or by any public street, avenue, alley, way or place within said City, by reason of such drilling or re- drilling or existence or operation, abandonment or conduct of azy such wells, or the violation of the terms and conditions of any permit issued to such permittee, or the failure of said per - mittee to remove any derrick or its appurtenances, or any act whether of commission or omission on the part of said permittee, or any agent or contractor employed in connection with any well for which a permit has been granted to such permittee, or any agent or contractor acting under direction of said permittee, in lieu of a $5,000.00 bond for each well, for which a permit has been, or which may be, granted. Should the permittee who or which has filed a $25,000.00 bond, pro- perly abandon, in accordance with the terms of his or its permit, a-ny well covered by such bond, such bond may, with the consent of the City Council of the City of E1 Segundo, if all of the obligations thereunder as to such permit have been satisfied, be terminated and cancelled and the sureties thereon be relieved of all obligations thereunder, upon the filing by such permittee of a $5,000.00 bond as hereinabove provided, for each well on which such permittee is still obligated, by reason of the permits issued to him, or it. A good and sufficient bond as hereinabove provided, shall at all tines be kept in full force and effect by the permittee upon any well or wells for which such permittee has been granted a permit, until he or it has been released from such obligation by completion of the terms of the permit issued to him or it, and a consent to such release has been granted by the City Council of the City of E1 Segundo, California. Unless such permittee keeps such bond in full force and effect, as hereinabove provided, then and in that event the City Council may declare any such permit forfeited, and all rights of the permittee therein named thereunder shall cease and terminate. 5- SECTION 5. That on and after the effective date of this ordinance, all applications for permits to construct derricks and prospect and drill for oil within said City shall be filed on application forms to be furnished by said City and the,Council reserves the right to refuse to con- sider any application not so filed. SECTION 6. Every person, firm or corporation, whether as principal, agent or otherwise, violating any of the provisions of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding three hundred dollars ($300.00), or by imprisonment bf not more than three months in either the City Jail of the City of E1 Segundo, California, or the County Jail of Los Angeles County, California, as the committing magistrate may direct, or by both such fine and imprisonment; and each and every calendar day during which any violation of this ordinance shall continue, shall be considered and deemed a new and separate offense. SECTION 7. This ordinance shall take effect and be in full force and virtue on the 31st day of December, 1937, at the hour of 12 o'clock p. m. entitled: SECTION 8. That Ordinance No. 122 of said City, "AN ORDINANCE OF THE C ITY OF EL SEGUNDO, CALIFORNIA, REGULATING THE DRILLING, MAIN- TENANCE AND CONSTRUCTION OF OIL AM GAS WELLS THEREIN; DLCLARING OIL AND GAS WELLS WITHIN CERTAIN DISTRICTS WITHIN SAID CITY TO BE NUISANCES, AND MAKING IT UNLAWFUL TO DRILL, MAINTAIN OR OPERATE OIL OR GAS WELLS WITHIN SUCH SPECIFIED DIS TRICTS; tROVIDING PENAL- TIES FOR THE VIOLATION OF THE PROVISIONS THEREOF; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH." passed and adopted on the 15th day of January, x. D., 1926s and all other ordinances and parts of ordinances in cbAflict herewith, are hereby repealed. 6- 1426 24,27 SECTION 9. That the City Clerk shall certify to the passage and adoption of this ordinance and s hall cause the same to be published once in the E1 oegundo Herald, a weekly news- paper, printed, published and circulated in the said City of E1 oegundo, and which is hereby designated for that purpose. rassed, approved and adopted this 24th day of November , A. D . , 1937 . -- ,� mayor of the City of El oegundo, ualifornia. (SEAL) STATE OF CALIFORNIA, ) COUTfY OF LOS ANGELES, u I•iY OF EL SEGUNDO . ) I, Victor D. Mcuarthy, city Clerk of the Ciry of E1 Segundo, California, do hereby certify that the whole number of members of the 'laity Council of the said City is five; that the foregoing ordinance, being Ordinance T'o. 211, was passed and adopted by the said City Council, approved and signed oy the Mayor of said City, and attested by the City ulerk of said. City, ill at a regular meeting of the said Council held on the 24th day of November _, A. D . , 1937, and that the same was so passed and adopted by the following vote: AYES: Councilmen Gerow, Hesser, Love, Selby and Mayor Binder NOES: Counc iimen None SENT :Councilmen None• City Clerk of the City o E1 Segundo, California. (SEAL) 7- 1. I, Victor D. McCarthy, City Clerk of the City of E1 Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. 211, is a full, true and correct original of j Ordinance No. 211 of the said City of El Segundo,California, entitled: "AN ORDINANCE OF THE CITY OF EL SEGUNDO, C_4LIFORNIA, REGULATING THE TRILLING, MAIN - TENANCE AND CONSTRUCTION OF OIL AND GAS ;`TELLS THEREIN'; PROVIDING PENALTIES FOR THE VIOLATION OF THE PROVISIONS THe^REOF; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES 11T CONFLICT TH RMITITT"?Y' . , which was duly passed and adopted by the said City Council, approved and signed by the J%yor of said City, and attested-by the City Clerk of said City, all at a regular meeting of the said Council held on the 24th day of November, 1937, and that the same was so passed and adopted by the following vote: Ayes: Councilmen Gerow, Hesser, Love, Selby and Mayor Binder;. Noes: Councilmen None; Absent: Councilmen None. I do hereby further certify that pursuant to the provisions of Section 878 of Act 5233 of the General Laws of the State of California, (Deering 1923 Edition), as amended to date, that the foregoing Ordinance No. 211 was duly and regularly published according to law and,the order of the City Council of said City in the El Segundo Herald, a weekly newspaper of general circulation printed, published and circulated within the said City and that the same was so published thereon on the following date, to wit: November 25th, 1937• WITNESS my hand and the seal of said City this 26th day of November, A. D. 1937. i- City Clerk of the C 2 ity a do, California,