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HomeMy WebLinkAbout14532 ORD - 10/04/1978JKH:hb:9 /19/78 AN ORDINANCE AMENDING SECTION 35 -151 (F)(4) OF THE CORPUS CHRISTI CITY CODE BY INCREASING THE AMOUNT OF SURETY BOND OR CASH DEPOSIT FROM $2,500 TO $4,500; PROVIDING FOR ACCEPTANCE OR CONTINUATION BEYOND AN INITIAL THREE - YEAR PERIOD OF "IN LIEU OF PLUGGING" BONDS WHERE OPERATOR AND PRINCIPAL ON THE BOND STILL HOLDS VALID LEASE ON MINERALS UNDERLYING THE WELL SURFACE, AND PROVIDING FOR PROOF BY THE OPERATOR, WHEN POSTING . OR CONTINUING BOND BEYOND THE INITIAL THREE -YEAR PERIOD, THAT HE OWNS OR CONTROLS THE MINERALS UNDER- LYING THAT WELL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi City Code, as amended, be and the same is hereby amended by amending Section 35- 151(F)(4) to hereafter read as follows: "(4) A surety Bond in the amount of four thousand five hundred dollars ($4,500) with good and sufficient corporate surety payable to the City, providing that the principal will plug said well in accordance with the provisions of this Article. In lieu of said bond, cash in the amount of four thousand five hundred dollars ($4,500) may be deposited with the City on the same conditions. A bond conditioned as provided in Section 35 -161 shall also be filed unless such bond so conditioned is already on file and in effect. The bond shall be released when the well is plugged and abandoned, or when the Superintendent has been satisfied that the well is again producing oil or gas on a regular basis, or when it meets one of the conditions of exemption listed in paragraph (C), (D), and (E) of this Section." "Acceptance or continuation beyond an initial three -year period of 'in lieu of plugging' bonds shall be permitted only for those wells which have not been plugged and abandoned where the operator and principal on the bond still holds a valid lease on the minerals underlying the surface where such well is located. The operator, when posting or con- tinuing a bond beyond the initial three -year period shall provide the Petroleum Inspection Division with evidence that he does in fact own or control the minerals underlying that well, In cases where the mineral lease has expired and wells have not been plugged, then the operator and th`y1ty1YlGU /T' JUL 0 81980 14532 will be notified at least three months prior to calling on the bond so that sufficient time will be permitted for the operator or surety to adequately plug and abandon the well or the City will in fact plug and abandon the well and charge the cost to the surety.' That the form of said surety bonds shall be substantially in conformance with Exhibit "1 ", attached hereto and made a part hereof." SURETY KNOW ALL MEN BY THESE PRESENTS: BOND NO. as principal and , a corporation having permit to do business in Texas, as Surety are held and firmly bound unto the City of Corpus Christi, Texas as Obligee, in the sum of Four Thousand Five'Hundred and no /100 ($4,500) Dollars lawful money of the United States, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. This bond is made as compliance with the Ordinance of said City pertaining to the obtaining of a permit for the deferment of plugging of an oil and /or gas well and the Condition of this Obligation is such that the principal will plug the well described in said application for deferment, in accordance with the requirements of City Code, Chapter 35, Article II, and furthermore principal will reimburse the City any expenditures made by the City for plugging, in the event principal fails to plug said well, within three (3) years, as required by City Code, Chapter 35, Article II, and for any violation of said Ordinance, this bond shall inure to the benefit of the City of Corpus Christi. This bond shall be released when a release of permit is issued for the well, or when the Superintendent has been satisfied that the well is again producing oil or gas on a regular basis, or when it meets one of the conditions of exemption listed in paragraphs (C), (D), and (E) of Section 35 -151 of City Code, Chapter 35, Article II, or when a new bond is posted and approved. By ncipa This bond limited to: Surety Lease name and well number: By Attorney -in -Fact Drilling Block No. Dated this day of , 19 That the foregoing ordinance was read for he first time and passed to its second reading on this the_,,Po day o A 19 by the following vote: Gabe Lozano, Sr. Bob Gulley lei David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample That the foregoing ordinance was read f he econ time and pas ed to its third reading on this the —Z ' day of 19M, by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample / That the fore in ordinanc a read for the dir time and passed finally on this the�day of 19f�, by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample PASSED AND APPROVED, this the_�/ day of 19. ATTEST: lid �1��toC City Secret dry MAYORPio•Tem APPROVED: THE CITY OF CORPUS 5 ISTI, TEXAS _ —_DAY OF ,19]Z_: J. BRUCE AYCOCK, CITY ATTORNEY BY Assistant City Attorne 14532