5.32.050: ISSUANCE OR REFUSAL OF PERMIT:
A.   The oil and gas inspector's office within thirty (30) business days after the filing of an application for a permit under this chapter shall determine whether or not said application complies in all respects with the provisions of this chapter and applicable federal and state law, and, if it does, shall recommend to the mayor and city council that the permit be issued.
B.   1. A notice of a public hearing before the city council shall be given by publication in a legal newspaper having general circulation within the city and by mailing a notice to all owners of property within a three hundred foot (300') radius of the proposed well site. A copy of the published notice may be mailed to the owners of property in lieu of a written notice; however, the notice by publication and written notice shall take place at least ten (10) days prior to the hearing. The notice shall contain:
      a.   The street address or approximate location of the proposed well site;
      b.   The type of well proposed; and
      c.   The date, time and place of the hearing.
   2.   Each permit issued under the terms of this chapter shall:
      a.   By reference have incorporated therein all the provisions of this chapter with the same force and effect as if this chapter were copied verbatim therein;
      b.   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;
      c.   Specify that the term of said permit shall be for 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;
      d.   Specify such conditions imposed by the oil and gas inspector as are by this chapter authorized;
      e.   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.
C.   If the permit be issued, it shall, in two (2) originals, signed by the oil and gas inspector 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 such permit, such bonds as are required, and applicable state law, rules, regulations, standards and directives. One executed original copy of said permit shall be retained by the oil and gas inspector; 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.
D.   If the permit be refused, or if the applicant notifies the oil and gas inspector in writing that he does not elect to accept the permit as tendered and wishes to withdraw his application, or if the bonds of the applicant be not approved, then upon the happening of any of said 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 two hundred dollars ($200.00) as a processing fee. (Ord. 840 §1, 1998: Ord. 528 §1, 1982)