(A) The City Manager or his or her designee’s office within 30 business days after the filing of an application for a permit under this article shall determine whether or not the application complies in all respects with the provisions of this article and applicable federal and state law, and, if it does, shall recommend to the City Council that the permit be issued. Each permit issued under the terms of this article shall:
(1) By reference, have incorporated therein all the provisions of this article with the same force and effect as if this article were copied verbatim therein;
(2) By reference, have incorporated therein all the provisions of applicable state law and the rules, regulations and standards adopted in accordance therewith relating to the protection of human beings, animals and natural resources;
(3) Specify that the term of the permit shall be a period of one year from the date of issuance thereof, and for like periods thereafter upon the successful inspection of the permittee’s well and operations, as is provided for elsewhere herein;
(4) Specify the conditions imposed by the City Manager or his or her designee as are by this article authorized; and
(5) Specify that no actual operations shall be commenced until the permittee shall file and have approved the required bonds and certificate of insurance in the appropriate amounts as provided for elsewhere herein;
(B) If the permit is issued, it shall, in two originals, be signed by the City Manager or his or her designee and the permittee, and when so signed shall constitute the permittee’s license to drill and operate in the city and the contractual obligation of the permittee to comply with the terms of the permit, the bonds as are required, and applicable state law, rules, regulations, standards and directives. One executed original copy of the permit shall be retained by the City Manager or his or her designee and the other shall be retained by the permittee and shall be kept available for inspection by any city or state law enforcement official who shall demand to see same.
(C) If the permit is refused, or if the applicant notifies the City Manager or his or her designee in writing that he or she does not elect to accept the permit as tendered and wishes to withdraw his or her application, or if the bonds of the applicant are not approved, then upon the happening of any of events the cash fee filed with the application shall be refunded to the applicant, except that there shall be retained therefrom by the city the sum of $200 as a processing fee.
(Ord. 2991, passed 7-19-94)