The paramount purpose of public streets, roads and highways is the general conveyance of the traveling public. No business has the right to use such thoroughfares for its specific business purposes in a way that causes damage to the thoroughfares.
(Ordinance adopted 12/17/07, sec. 9)
(a) 
All persons engaging in oil or gas production within the city must execute a master road damage remediation agreement with the city, on the form prescribed by the city. Applicants for an oil and gas well permit must do so at the time of submission of the permit application. Persons exempt from obtaining an oil and gas permit under section 4.09.031(h) must execute a master road damage remediation agreement with the city, on the form prescribed by the city, within 30 days after the date that this article is enacted by the city council.
(b) 
The master road damage remediation agreement shall provide that the operator shall repair, at his own expense, any damage to roads, streets, or highways caused by the use of heavy vehicles for any activity associated with the preparation, drilling, production, and operation of oil or gas wells. The master road damage remediation agreement will apply to all wells of the operator within the city, then existing or coming into existence thereafter, whether or not specifically identified in the agreement.
(c) 
The determination of city staff that the person’s operations are responsible for the damage shall create a rebuttable presumption that the operations caused the damage. The person may contest the determination of city staff by requesting an opportunity to be heard before the city council by filing such a request with the mayor in writing within five (5) business days after being notified in writing of the determination by city staff. If such a request is timely made, the city council shall hear the matter at its next regularly scheduled council meeting at which it can legally be considered in compliance with this article and applicable open meetings laws, or at a special called meeting, after giving the person requesting to be heard at least five (5) days’ prior written notice. The city council’s determination is final. The city council may uphold the city staff’s determination, modify the city staff’s determination, or overrule the city staff’s determination. The time for requesting to be heard by and being heard by the city council will not count against the time for the person to pay or take action under the master road damage remediation agreement.
(Ordinance adopted 12/17/07, sec. 9)
It shall be unlawful for any person to conduct oil or gas drilling or production operations within the city without executing a master road damage remediation agreement with the city in accordance with this article.
(Ordinance adopted 12/17/07, sec. 9)