HomeMy WebLinkAboutOrdinance #418 o -
. 1
2 ORDINANCE NO. 418
4 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH,
CALIFORNIA, DECLARING AND DEFINING AN FLIER-
5 GENCY TO EXIST AND REGULATING THE APPLICATION
I FOR AND THE DRILLING OF OIL WELLS WITHIN SAID
6 CITY OF HUNTI NGTON BEACH .
7
WHEREAS, the State Lands Commission of the State
8 � of California has published in the Huntington Beach News a
9
Notice of Intention to Receive Offers to enter into agreements
10
for the extraction of oil, gas and other hydrocarbons in and
11 ! I
j from under certain submerged lands situate in and under the
I Pacific Ocean and entirely within the legally established
13
boundaries of the City of Huntington Beach, and
14
WHEREAS, they have required each bidder, as a co ndi-
15 I tion precedent to the. consideration of his bid, that such bid-
16
der shall furnish evidence that the bidder has procured neces-
17 sary sites and rights of way northerly of the northerly line
18.
of Ocean Avenue and between the easterly boundary of Tenth
19
Street and the westerly boundary of Twenty-third Street in
20
j the City of Huntington Beach, State of California, and
� 21
WHEREAS, it has been rumored that an effort may be
22 made to drill wells southerly of Ocean Avenue and adjacent
23 to the right-of-way of the Pacific Electric Railway, and
24 WHEREAS, each bidder is required to furnish evidence
25
that he has procured said rights of way for all operations
26` contemplated and necessary under the provisions of the bid
27 and of the law without cost or obligation to the State, and
28 I
ti WHEREAS, it clearly appears that the contemplated
29 ,
1 operations will pass into and under property owned by property
2 owners other than the State of California, and
3 WHEREAS, the called for bids contemplate the immedi-
4 ate and simultaneous drilling of ten (10) wells in the most
5 congested and closely drilled area of the City and very close
6 to other valuable oil wells now producing large quantities of {
i
7 oil and gas, and
g WHEREAS, such simultaneous drilling of wells will
9 I add very greatly to the noise , annoyance, fire hazard and also
10 to the dangers of explosion and to the possible and probable
i
11 injury or damage to life , limb and property, all of which will
12 materially interfere with and be a detriment and inconvenience
i
I
13 to the general public
14 NOW THEREFORE , in and by the above preamble and
15 statement the Council declares and defines that an emergency
1�
16 exists necessitating the following ordinance for the immediate .
17 preservation of the public peace, property, convenience, health
18 and safety;
19 WHEREFORE, the City Council of the City of Huntington
20 Beach, California, does ordain as follows:
I
21
Section 1: The term "drilling" as used herein shall
22 be, and shall be defined to mean, drilling in the ordinary
23 sense, or deepening, repairing, redrilling or otherwise re-
24 conditioning any well to the depth of three hundred (300) feet
25 below its .present bottom, except when a new and deeper zone,
26 capable of goducing oil and gas in paying quantities, is found
27 or discovered at a greater depth immediately beneath the proper-
� 28
ty located, or permitted area from which said well was origin-
29 ally drilled.
I
-2-
1 Section 2: Specifications for all oil well derricks
2 to be erected shall be filed with the Building Inspector of
3 the City and shall be subject to his auproval. Such derricks
4 shall be constructed of steel , except that the derrick floors,
5 pump house floor`s, pipe racks, sills, postings, walkways, mud
6 ditches, bull wheels, calf wheels and band wheels may be of
7 wooden construction.
8 There shall be installed and maintained on each
9 derrick or oil well , a sign on which shall appear the name of
10 the well being drilled or operated, together with the name of
11 the person, firm or corporation drilling or operating the well.
i
12 The letters of such sign shall be at least two (2) inches high.
13 The sign shall be located on the derrick so that it will be
141 fully visible from two ( 2) opposite sides of the derrick.
)7 15 Section 3: It shall be unlawful for any person, firm,
16 copartnership or corporation to drill , redrill, deepen, re-
17 condition or repair any well, or to erect or rebuild any derrick,
18 the provisions of any other Ordinance of the City of Huntington
19 Beach to the contrary notwithstanding, unless he first make
20 written application to the City Engineer of the City of Hunting-
21 ton Beach, who shall examine and investigate the same and place
22 his endorsement thereon, and present to the City Council at the
23 next regular meeting, o r adjourned regular meeting, of said
24 City Council. The City Council shall examine said application
25 and grant or reject the same. Said application shall be accom-
26 panied by a plat or map, drawn on tracing linen, or a legible
27 blue print thereof , with a sheet size of 22 inches by 34 inches,
28 showing on a scale of 1 inch equals 40 feet , showing the loca- J
29 tion of the proposed operations and the distance from existing
-3-
I
1 oil wells , boiler plants, tanks and buildings and other
2 structures, highways, streets or alleys, and railroads,
3 within two hundred (200) feet of said proposed location; said
4 application shall also show the depth to which said well is
5 proposed to be drilled, together with a statement end desig-
Z
6 nation on the plat or map, drawn to a scale of 1 inch equals
7 200 feet , of where said well will be bottomed, and said plat
8 I shall near the names of the streets, highways, railways , owners
9 and lessees of adjacent property or wells, and no permit or
10 license shall be issued for the drilling, redrilling, deepen-
I
11 ing, reconditioning or repairing of any well, or the erecting
12 or rebuilding of any derrick, unless the application and propos-
13 al complies with the provisions of this Ordinance.
14 Section 4: It shall be unlawful for any person,
15 firm, copartnership or corporation to drill any oil or gas well
16 where the center of the hole is:
17
a. Within one hundred ( 100) feet from the nearest
18 rail of any steam or electric line of railway.
19 b. Within thirty-five ( 35) feet of any public street ,
20 sidewalk or highway in public use prior to the commencement
drilling of such well, except any alley intersecting or
21 of
22 lying within any block or other subdivision unit.
23 c. Within one hundred (100) feet of any now
24 existing oil or gas well or oil or gas well derrick having as
25 its superstructure a wooden derrick, or tower regardless of
26 whether said well is producing or not.
I
,_J_; . 27 Section 5: When one or more lots are affected by
28 any distance limitation prescribed herein, no permit shall be
29 issued until a written agreement has been executed by the owners
I
-4-
I >
1 or for the benefit of all owners of lots within the affected
2 area ranting to the lots an interest in the royalty in the
granting
-0 � �
�J 3 nature of a covenant running with the land in direct proportion f
4 to the square footage from which they are entitled to a royalty
5 because of such ownership; provided further and also that
6 special ^.ermits with special conditions and exceptions may be
i
7 issued for the express purpose of avoiding any injustice and
8 when the public peace, property, health and safety will not
9 be seriously endangered, and then only by a four-fifths (4!5)
I
10 vote of the -City Council after an open public hearing.
11 Section 6: No permit which may be issued hereunder
J i
12 shall be construed as a Consent, encouragement, license , grant f
13 or a permission by the City for any drilling or taking of, any
a 14 oil or gas outside of or beyond the perpendicular boundaries
L1 15 prolonged downward of the immediate lot and property from which
16 the said well is drilled, and said City shall not be liable for
17 any damages which may result from or because of any drilling
18 operations, and said applicant and permittee shall and must hold
19 the City harmless from any and all liability growing out of
20 the issuing of such permit or any and all operations cont emplat-
21 ea or performed thereafter, and any permit or license issued
22 shall be conditioned upon the execution and delivery by the
23 I operator_ to the City of a written agreement, including a good
24 I and sufficient bond, whereby, upon request of the City , the
25 said applicant or operator drilling the well at its sole cost
26 and expense shall furnish to the said City an accurate and
I
'? 27 satisfactory survey of the said well showing its course as it
28 progresses downward, and the location of the bottom of the well
29 and all perforated sections of casing and producing zones, and
-5-
1 also whereby he, they, or it shall protect and hold the City
2 free and harmless from any and all damages and other payments
i
� - 3 of whatsoever nature or kind as might be claimed by any party, i
4 individual, corporation, county, state or the United States of
5 America, or any agency of any such party, which may result
6 from or because of any such operations.
7 Section 7: If any section., subsection, sentence,
�. 8 clause or phrase of this Ordinance for any reason is held to
9 be unconstitutional, such decision shall not affect the valid-
10 ity of the remaining portion of this Ordinance. The City
Il, 11 Council of the City of Huntington Beach, California, hereby {
12 declares that it would have passed this Ordinance and each �
13 and every section, subsection, sentence , clause or phrase
14 thereof, irrespective of the fact that any one or more sec-
J 15 tions, subsections , sentences , clauses or phrases be declared
16 unconstA.t uti onal.
17 Section 8: Every person, firm, copartnership or
18 corporation, whether as principal, agent , servant , employee,
19 or otherwise, violating or failing, neglecting or refusing
20 to comply with any of the provisions of this Ordinance, shall
21 be deemed guilty of a misdemeanor, and upon conviction thereof
22 shall be punished by a fine not exceeding Five Hundred ($500.00)
23 Dollars , or by imprisonment for not more than six (6) months,
I
24 or by both such fine and imprisonment; and each such person,
25 firm, copartnership or corporation shall be deemed guilty of
26 I a separate offense for each day during any portion of which
., 27
the violation of or failure, neglect or refusal to comply with
28 any of the provisions of this Ordinance is _committed, continued
29 or permitted.
-6-
I Section 9: That this Ordinance, being an emergency
2 measure for the immediate preservation of the public peace,
1
3 property , health and safety, which emergency is set forth and
4 defined in the preamble hereto , shall take effect and be in
5 force from and after the passage argil adoption hereof.
_ I
6 Section 10: The City Clerk shall certify to the -ryas-
_
7 sage and adoption of this Ordinance by a vote of four-fifths
8 (4/5) of the members of the City Council, and shall thereafter !
9 for more public notice cause the same to be published by one
I
10 insertion in the Huntington Beach News, a newspaper of general
I
11 I circulation, printed, published and circulated in the City of
12 + Huntington Beach, California.
13
14 i
ILA O
15
16 I kT TEST :
17
18
19 City Clerk. '
20 I J
21- 1 ,
22 --
23
24
25
26
27
28
29
I
-7-
1
i
2
STATE OF CALIFOP(NIA )
3 County of Orange ) SS:
City of Huntington Beach )
4
5 I , C. R. FURR, the duly elected, qualified and
6 acting City Clerk of the City of Huntington Beach, and ex-
7 officio Clerk of the City Council of said City of Huntington
8 Beach, do he re by certify that the vtrhole number of members of
i
9 the City Council of the City of Huntington Beach is five; that
10 I the foregoing Ordinance was first read to said City Council
I
!, 11 at a regularly adjourned meeting thereof held on the 22nd
12 i day of October, 1938, and was again read to said City Council
13 at a regularly, adjourned meeting thereof held on the 28th
14 day of October, 1938, and was passed and adopted by the af- i
r 15 firmative vote of more than a majority of all the members
' 16 of said City Council as follows:
17
AYES: Councilmen:
18 MOOALLEN.
19 NOES: Councilmen: NM i
2a -
ABS.EII : Councilmen: N=
21
22 /
� I
23 Citly Clerk and ex-officio Clerk
of the City Council of the
24 City of Huntington Beach,
California.
25
26
- -- J
27
28
29