HomeMy WebLinkAboutOrdinance 2953
ORDINANCE NO. 2953
AN ORDINANCE AMENDING SECTION 104-6 OF THE CITY OF
NORTH RICHLAND HILLS CODE OF ORDINANCES, REGULATING
THE DRILLING AND PRODUCTION OF GAS WELLS WITHIN THE
CITY; ADDING DISTANCE RESTRICTIONS FROM FREEWAYS AND
ARTERIAL ROADWAYS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING
FOR SEVERABILITY; PROVIDING A CUMULATIVE CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a Home Rule Municipality located
in Tarrant County, Texas, created in accordance with the provisions of the
Texas Local Government Code and operating pursuant to the enabling
legislation of the State of Texas and its home rule charter; and
WHEREAS, the City of North Richland Hills is completely surrounded by other
municipalities and the entire area is densely populated and the residents
of the area are entirely dependent on highways and streets and rail for
jobs and health care and the City Council finds that the protection of
arterial roadways from blockage caused by unforeseen emergencies
involving gas drilling and/or gas production necessitates amendment of its
existing regulations in order to protect the health, safety, and general
welfare of the public; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
Section 1. THAT Section 1 04-6(i)(1)c of the City of North Richland Hills Code of
Ordinances is hereby amended to read as follows:
"Section 104-6. Gas Well Permit Requirements
(i) Well setbacks for gas well permits.
(1) It shall be unlawful to drill, re-drill, deepen, re-enter, activate or convert
any well, the center of which, at the surface of the ground, is located:
c. Within one thousand five hundred feet of a street classified under
the city's thoroughfare plan as a freeway or principal arterial or
within fifty feet (50') of any other public street, road, highway, or
right-of-way line...."
Ordinance No. 2953
Page 1 of 3
Section 2.
(a)
Penalty:
It shall be unlawful and an offense for any person to do the following:
(1) Engage in any activity not permitted by the terms of a gas well
permit issued under Chapter 104 of the North Richland Hills Code
of Ordinances.
(2) Fail to comply with any condition set forth in a gas well permit
issued under Chapter 104 of the North Richland Hills Code of
Ordinances; or
(3) Violate any provision or requirement set forth under Chapter 104 of
the North Richland Hills Code of Ordinances.
(b) Any violation of this ordinance shall be punished by a fine of not more than
five hundred dollars ($500.00) per violation per day, subject to applicable
state law. Each day that a violation exists shall constitute a separate
offense.
(c) Any violation of this ordinance that governs fire safety, public health,
and/or sanitation, including dumping, refuse, or discharge, shall be
punished by a fine not exceeding two thousand dollars ($2,000) per
violation per day, subject to applicable state law. Each day that a violation
exists shall constitute a separate offense.
(d) The penalty provided herein shall be cumulative of other remedies
provided by state law, including but not limited to, the recovery of civil
penalties under Subchapter ß, Chapter 54, of the Texas Local
Government Code. The City may institute any appropriate action or
proceeding in a court of competent jurisdiction to enjoin the violation of
this chapter. The power of injunction may be exercised in enforcing this
chapter whether or not there has been a criminal complaint filed."
Section 3. Severability Clause:
It is hereby declared to be the intention of the City Council that the
phrases, clauses, sentences, paragraphs and sections of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section
of this ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation of this
ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
Ordinance No. 2953
Page 2 of 3
Section 4. Repealer and Savings Clause:
Any provision of any prior ordinance of the City whether codified or
uncodified, which are in conflict with any provision of the Ordinance, are
hereby repealed to the extent of the conflict, but all other provisions of the
ordinances of the City whether codified or uncodified, which are not in
conflict with the provisions of this Ordinance, shall remain in full force and
effect.
Section 5. Publication Clause:
The City Secretary is authorized and directed to cause publication of the
descriptive caption and penalty clause of this ordinance as an alternative
method authorized by law.
Section 6. Effective Date:
This Ordinance shall become effective immediately.
PASSED, APPROVED AND ADOPTED by the City Council of the City of North
Richland Hills, Texas, on this the 24th day of September, 2007.
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Patrlð~~\\~~utson, City Secretary
APPROV~O ~ONTENT:
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John Pitstick, Planning & Development Director
Ordinance No. 2953
Page 3 of 3
INVOICE
Star-Telegram
400 W. 7TH STREET
FORT WORTH,'I'X 76102
(817)390-7761
Federal Tax ID 22-3148254
Bill To:
CITY OF NORTH RICHLAND HILLS/SE
PO BOX 820609
NORTH RICHLAND HILLS, TX 76182-
Attn STACEY HARRISON
Descriptions
CITY OF NORTH RICHLAi~1D HILLS
Location Col
I3~80 1
Drag Only
Customer ID: CIT13
Invoice Number: 289304351
Invoice Date: 9/28/07
Terms: Net due in 21 days
Due Date: 9/30/07
PO Number:
Order Number: 28930435
Sales Rep: 005
Description: CITY OF NORTH RI
Publication Dates: 9/27/07 - 9/28/07
Depth Linage MU . Rate Amount
122 122 LINE $0.36 $87.84
Net Amount:
$87.84
__-
~''~+~..,,,. CHitISTY L. HOLLAND
~'~ ¢ MV COMMISSION EXPIRES
THE STATE OF TEXAS ~`:;~~ JU~V31,2~9
County of Tarrant
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star-
Telegram, published by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the
attached clipping of an advertisement was published in tf}g above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 390-7501 ~\ ~ C ~` n
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday,
Notary
Thank You For Your Payment
Remit To: Star-Telegram
P.O. BOX 901051
FORT WORTH, TX 76101-2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
CIT 13
CITY OF NORTH RICHLAN
289304351
$87.84
CITY' OF
N ORTHHRLLS CAN D
ORDINANCE _
X10. 2953
n oraiiaZ ~~"'w$me~d.
ing Section 504-6 of
the City of North
Richland Hills Code
of Ordinances, reg-
ulating the Drilling
and Production of
Gas Wells within the
City; adding distance
restrictions from
freeways and arte-
rial roadways; pro-
viding a penalty;
providing a. savings
clause; providing for
publication; provid-
ing for severability;
providing a cumula-
tnre clause; and es-
tablishing an effec-
tive date:
penalty:
;a) It shall be unlawful
any personfto do the
following:
;1) Engage Inany
activity not permit-
ted by the terms of;;
a gas well permit
issued under Chapter
104 of the North'
Richland Hills Code
of Ordinances.
(2) Fail to comply with
any condition set
forth In a gas well
permppit Issued under
NortheRichlandf Hills
Code of Ordinances;
sepa-
of
a coui
Iurlsdlctlon t on7oin
the violation d}~; this
chaptr'r.«The power
of-inlunct~o~ ma be
exercised ~.)n enix4tc-
ing this chapter
whether, or not there
has been a criminal
complaint filed."
(Passed and Approved
on this 24th day of
September, 200
'/s/Oscar Trevino
nerwr Trevino -Mayor
Secretary
(APPROVED AS ,wt
Fr?r~n AgND LEA
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