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HomeMy WebLinkAbout12-10-09-2y - Resolution - 12/10/2009RESOLUTION NO. 12- 10 -09 -2y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS GRANTING AN OIL AND GAS HIGH IMPACT PERMIT FOR THE McCULLOUGH- OLDEN UNIT, WELL NO. 1 -RE AT THE CORNER OF WILLIAM D. FITCH AND WILLIAMS CREEK DRIVE, AND LOCATED WITHIN THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of College Station, Texas, has reviewed an application for an Oil & Gas Rural Permit ( "Permit ") submitted by Enervest Operating, LLC for the McCullough -Olden Unit, Well No. 1 -RE; and WHEREAS, Council has reviewed the Project Review Committee report and other related information relating to the afore - described proposed rural gas well located at the corner of William D. Fitch and Williams Creek Drive within the City of College Station (the "City "); and WHEREAS, pursuant to Chapter 4, Section 13.J Council is required to make certain findings and determinations in granting a permit for an oil and gas operations located within the City; and WHEREAS, the City Council of the City of College Station, Texas, now desires to make such determinations and to grant such permit; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby acknowledges receipt of an application, Project Review Committee report and other related information relating to an Oil and Gas Rural Permit to Enervest Operating, LLC for the McCullough -Olden Unit, Well No. 1 -RE located at the corner of William D. Fitch and Williams Creek Driven. A copy of such paperwork and the exact location of said proposed well are attached hereto as Exhibits "A" and `B ", respectively. PART 2: That the City Council hereby makes the following determinations with respect to said proposed Permit: 1. That the following amount and type of security instrument has been issued: a bond rider to an Indemnity Bond, on behalf of applicant, in favor of the City in a total amount of FOUR HUNDRED FIFTY THOUSAND AND N /100 DOLLARS ($450,000.00) attached hereto as Exhibit "C "; That the operations proposed under the Permit are reasonable under the circumstances and conditions prevailing in the area; 3. That the operations proposed under the Permit are consistent with the health, safety, and welfare of the public when and if conducted in accordance with the permit conditions to be imposed; and 4. That the impact upon adjacent property and the general public of operations conducted in compliance with the Permit conditions are reasonable and justified, balancing the following factors: RESOLUTION NO. 12- 10 -09 -2y Page 2 (1) The right of the owner(s) of the mineral estate to explore, develop, and produce the minerals. (2) The availability of alternate drill sites, both presently and at other times during the lease term. (3) The date of acquisition by the various owners of the surface and mineral estates. PART 3: That based upon the above the City Council hereby grants said Permit and authorizes the City Manager or his designee to take any and all reasonable action to issue same. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this loth day of December , A.D. 2009. APPROVED: AYOR Al 0 APPROVED: