§ 16. GEOPHYSICAL MINERAL EXPLORATION
A.
DEFINITIONS
(1)
Active equipment means energy source equipment.
(2)
Passive equipment means receiving equipment.
(3)
Building means a roofed and walled structure intended for supporting or sheltering a specific use or occupancy.
(4)
Dwelling means a house, duplex, apartment, townhouse, condominium, mobile/manufactured home, industrialized housing, or any other building occupied, intended for occupancy, or used for residential purposes.
(5)
Water Well means a bored, drilled, driven, or dug excavation utilized for the purpose of extracting groundwater from an aquifer.
B.
PERMITS
(1)
Permit Required.
No person, firm, or corporation shall conduct any method of geophysical mineral exploration within the city without first having obtained a permit from the City Council.
(2)
Permit Requirements.
(a)
Application for a permit hereunder shall be made with the City Secretary. Such application shall contain the name of the applicant, address of the applicant, the geophysical methods of mineral exploration to be used, the purpose therefore, and the location and use with a map attached designating the points of use. Such application shall be accompanied by a permit fee of one thousand dollars ($1,000.00) for the first mile and one thousand dollars ($1,000.00) per mile thereafter, pro-rated for any portion less than a mile. On receipt of such application by the City Secretary, the same shall be referred to the City Manager for a report as to the compliance of such application with the provisions of this Section. Such report and the application shall then be submitted to the City Council. No permit shall be issued except by the approval of the City Council.
(b)
The application for a permit shall cover a single set of lines for a single client or project. Should the applicant determine, after the permit is granted, that additional lines or extensions of existing lines are necessary, these shall be considered a new project and a new application shall be filed, along with all required documents and fees applicable.
(3)
Insurance and Bond Requirements.
(a)
Upon approval of a permit, but before issuance thereof, the applicant shall provide an insurance certificate showing insurance coverage of the applicant in amounts not less than:
Commercial General Liability: $1,000,000 each occurrence $2,000,000 annual aggregate Combined Single Limits or equivalent Commercial Automobile Liability: $1,000,000 each occurrence Combined Single Limits or equivalent Workers' Compensation: State Statutory Limits Employers' Liability Coverage: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease—Each Employee $500,00 Bodily Injury by Disease—Policy Limit Such insurance coverage shall be provided by a good and solvent insurance company authorized to do business in the State of Texas. In addition, the certificate of insurance shall name the city as additional insured with respect to operations performed under the permit.
(b)
Within 30 days of receipt of same, the applicant shall notify the city, in writing, of each claim for injuries to, or death of, persons or damages or losses to property occurring or in any way incident to, arising out of or in connection with, the operations of the applicant, its contractors, agents or representatives under this permit.
(c)
The applicant shall provide a cash bond in the principal sum of such number of dollars as determined by the City Council, but not to be less than five thousand dollars ($5,000.00). The amount of such bond shall be based upon the location and length of the proposed route of operations and the potential hazards involved. In addition to the cash bond, the City Council may determine the need for the applicant to post a satisfactory corporate obligation commercial bond, depending upon the location and length of the proposed route of operations and the potential hazards involved. Said bond(s) shall be posted with the City for the benefit of the city and all persons concerned, conditioned that the permittee will comply with the terms and conditions of this section. Said bond shall become effective on or before the date the same is filed with the city secretary and shall remain in force and effect and on deposit for at least a period of six (6) months after exploration ends. If after exploration ends and permittee has complied with all of the provisions of this section, permittee may apply for a full refund of the cash bond.
(d)
The applicant shall agree to protect, indemnify, defend, and hold harmless the City, including its elected officials, officers, employees, agents, and representatives from and against any and all claims, demands and causes of action of every kind and character brought for or on account of any injuries, damages, or losses, real or asserted, including attorneys' fees, and any other costs and expenses incurred by the city in defending against any such claims, demands and causes of action received or sustained by any person or property on account of any negligence or gross negligence, or any act of omission, of the applicant, its employees, contractors, subcontractors, agents and representatives, arising directly or indirectly or in any way connected with the operations performed under this agreement.
(4)
Duration of Permit.
All permits issued hereunder shall expire six (6) months from the date of issuance.
(5)
Terms of Permit.
(a)
Energy source equipment to be an offset distance of at least six hundred (600) feet from any water well, in-ground swimming pool, and dwelling and any building made with a concrete slab. The offset distance may be reduced to four hundred (400) feet if the applicant secures and files with the city a signed authorization from the owner or agent of any water well, in-ground swimming pool, and dwelling and any building made with a concrete slab consenting to such testing and releasing the city from all future claims resulting from such operations.
(b)
Written agreement to cover damage, caused by geophysical mineral exploration, to any water well, in-ground swimming pool, dwelling, and any building made with a concrete slab effective for six (6) months after completion of work.
(c)
Employ at least one (1) Santa Fe officer (off-duty) to accompany the work crew while recording on city right-of-way.
(d)
Obtain written permission from property owners before entering upon or crossing their property.
(e)
Employ a third party engineer (specializing in seismology), to be approved by the city, who shall be on the job site during the entire period of recording to mitigate any potential damage to public or private property.
(f)
No recording shall be conducted on Sunday, nor between the hours of 8:00 p.m. and 8:00 a.m. local time.
(g)
No explosives shall be used.
(h)
The applicant shall restore any lands or rights-of-way used in its operations to its original condition, free of damage, including ruts or injury to vegetation.
(i)
The applicant shall ensure that its operations will not interfere with the free and safe flow of traffic. The applicant will prepare for approval by the chief of police, a traffic flow plan for the project. When operations are immediately adjacent to the pavement, all equipment shall be parked and/or operated on one (1) side of the roadway only, unless demonstrated in the traffic flow plan that another method would be safer.
(j)
Cables placed on the pavement within rights-of-way must be arranged so they do not create a hazardous condition or rumble strip effect. All cables must be securely anchored to the roadway with materials that will not damage or puncture the pavement. Nails, spikes, and similar materials used for anchors shall not be placed inside the pavement.
(k)
Operations under the permit shall be suspended when the city's street superintendent determines that the ground conditions are such that operations would cause extensive rutting in the rights-of-way or easements. In the event that mud, gravel, rock, or debris is inadvertently tracked onto roadways in a way that creates a safety hazard or potential for damage to vehicles, the operator shall immediately cease operations and clean the roadway of all mud, gravel, rock or debris. The time for completion of operations as specified under Subsection B(4) shall be extended by one (1) day for each day operations are suspended under the provisions of this subsection.
(l)
The applicant shall furnish adequate signs, barricades, flares, flagmen, etc., as necessary, to protect the traveling public.
(Ordinance No. 23-2013 of October 24, 2013)
C.
NOTICE REQUIREMENTS
(1)
No geophysical method of mineral exploration shall be used under this permit without the permittee having first notified designated city personnel, at least twenty-four (24) to forty-eight (48) hours prior to performing the actual work, of the proposed time, location of the planned use, and name and telephone number of a company representative who will be available at all times during the recording operations.
(2)
Prior to performing the actual work, the applicant shall offer, in writing to each owner, resident, and business and shall provide, if requested, a pre-damage and post-damage inspection report for all dwellings, buildings, water wells, and in-ground swimming pools located within six hundred (600) feet of its planned operations.
(3)
The applicant shall notify, by mail, each owner, resident, and business located within one thousand (1,000) feet of its planned operations not earlier than two (2) weeks but no later than forty-eight (48) hours prior to performing the actual work.
(4)
At least one (1) week but no earlier than two (2) weeks prior to commencement of exploration operations, the applicant shall place a newspaper advertisement in the local daily newspaper of general circulation in the city of not less than three (3) inches by four (4) inches explaining the work to be performed, the location of the proposed work, the anticipated time frame for exploration activity, and a toll-free number where residents may call for more information.
(Ordinance No. 10/85 of July 11, 1985; Ordinance No. 06-2006 of April 13, 2006; Ordinance No. 23-2013 of October 24, 2013)