§ 8-254. Review of applications for gas well permit.

(a)

All applications for oil or gas well permits shall be filed with the city manager. Incomplete applications shall be returned to the applicant, in which case the city manager shall provide a written explanation of the deficiencies, if requested by the applicant. The city shall retain a processing fee as set forth in appendix A to this Code. The city may return any application as incomplete if there is a dispute pending before the state railroad commission regarding the determination of the operator.

(b)

The city manager may issue the oil or gas well permit within ten days unless he determines that the application is incomplete or that the application is not in conformance with this article. The city may employ a petroleum specialist to assist in reviewing the application. All communications regarding the permit shall be directed to the city manager.

(c)

The city manager may condition the release of the approved oil or gas well permit upon the operator providing the security required by this article and upon the operator entering into a road repair agreement that will obligate the operator to repair damage, excluding ordinary wear and tear, if any, to public streets, including but not limited to bridges, caused by the operator or by the operator's employees, agents, contractors, subcontractors or representatives in the performance of any activity authorized by or contemplated by the approved oil or gas well permit.

(d)

The failure of the city or city manager to review and issue an oil or gas well permit within the time limits specified in this section shall not cause the application for the permit to be deemed approved.

(e)

Each oil or gas well permit issued by the city shall:

(1)

Identify the name of each well and its operator;

(2)

Specify the date on which the city issued each permit;

(3)

Specify the date by which drilling must commence on at least one well covered by the permit and the permit expiration date. Such date shall not be less than one year after the date of issuance. A one-year extension of time may be granted if existing conditions are the same and an application for extension is made to the city manager prior to expiration of initial permit;

(4)

Specify that if drilling is commenced on at least one well covered by the permit before the permit expires, the permit shall continue until the wells covered by the permit are abandoned and the site restored;

(5)

Incorporate, by reference, the insurance and security requirements set forth in this article;

(6)

Incorporate, by reference, the requirement for periodic reports;

(7)

Incorporate the full text of the release of liability provisions;

(8)

Incorporate, by reference, the information contained in the permit application;

(9)

Incorporate, by reference, the applicable rules, and regulations of the state railroad commission, including the applicable "field rules";

(10)

Specify that no drilling operations (including the construction of internal private access roads) shall commence until the operator has provided the security required by this article;

(11)

Contain the name, address, and phone number of the person designated to receive notices from the city, which person must be a resident of the state who can be served in person or by registered or certified mail; and

(12)

Incorporate, by reference, all permits and fees required by the city.

(f)

The decision of the city to deny an application for an oil or gas well permit shall be provided to the operator in writing within ten days after the decision, including an explanation of the basis for the decision, if requested by the operator. The operator may appeal any such denial to the city council. The decision of the city council is final and may not be appealed to another board or person in the city.

(g)

If an application for an oil or gas well permit is denied by the city, nothing herein contained shall prevent a new permit application from being submitted to the city for the same well.

(Ord. No. O-1008, § 4(1.6), 2-3-2003)