Prior to issuance of a gas well special use permit or a gas well permit, a gas or oil well operator, as defined in chapter 90 of the City Code, shall pay a road damage remediation fee for each well included in a gas or oil well permit application, such fee to be in the amount of the estimated costs to repair and/or replace all streets, roads, curbs, utilities and other public infrastructure damaged by the operator's drilling activities, as determined by the city, which amount is set forth in the fee schedule in appendix A of this Code. In addition, prior to issuance of a gas or oil well special use permit or a gas or oil well permit, in conjunction with the application for a gas or oil well permit, the operator shall submit a road repair agreement in form and substance approved by the city manager or the city manager's designee, fully executed by the operator obligating the operator to pay for all repairs and/or replacement of all streets, roads, curbs, utilities and other public infrastructure damaged by the operator's drilling activities in excess of the road damage remediation fee described above, as determined by the city. The city manager shall have the authority to execute the road repair agreement on behalf of the city.
[Ord. No. 1159-10, § 1, 2-9-2010]
Prior to the commencement of drilling activities, the operator of an oil or gas well located outside the city limits of the city which well is serviced by trucks which traverse city streets shall pay a road damage remediation fee for each well serviced by trucks which traverse city streets, such fee to be in the amount of the estimated costs to repair and/or replace all streets, roads, curbs, utilities and other public infrastructure damaged by the operator's drilling activities, as determined by the city, which amount is set forth in the fee schedule in appendix A of this Code.
[Ord. No. 1159-10, § 1, 2-9-2010]
(a)
An
operator submitting an exception from the minimum fee as otherwise
provided in this division, may apply for such an exception by submitting
a written request for exception with the director of public works
or the director's designee. The request must include the following,
where applicable:
(1)
A description of the amount the operator believes is appropriate
and an explanation setting forth all facts supporting a reduction
in the minimum fee, including a route map showing the truck route(s)
to be followed and an estimate of the annual truck traffic along such
route expected to be generated by the well and an estimate of the
total truck traffic expected to be generated by the well during the
life of the well; and
(2)
A fully executed road repair agreement.
(b)
The
director of public works or the director's designee shall review the
application for completeness, and if the director or the director's
designee determines that the application is incomplete, the director
or the director's designee shall return the application within 14
calendar days of receipt to the applicant unfilled with a written
description of the deficiencies in the application.
(c)
If
the director of public works or the director's designee determines
that the application is complete, the director or the director's designee
shall request the city manager place the exception request on the
city council agenda for consideration with any recommendations and
notations the director or the director's designee deems appropriate.
In considering the exception, the city council may take into account
only whether the exception proposed is reasonable under the circumstances,
considering the location of the well, the length, construction and
condition of the streets to be used by the operator within the city
to service the well, and the estimated life of the well operations.
(d)
In
order to be approved, a proposed exception must receive the affirmative
vote of a majority of the members of the city council then present.
The city council may grant the requested exception in whole or in
part. The city secretary shall record the vote, including any conditions
for granting the exception, and notify the operator as to whether
the city council has approved or denied the exception request in whole
or in part, and identify any conditions placed upon an approval.
(e)
If
the city council does not act upon any exception application accepted
for filing as complete within 45 calendar days of such filing, the
exception request shall be deemed denied.
(f)
The
decision of the city council shall be final.
[Ord. No. 1159-10, § 1, 2-9-2010]
