The URL can be used to link to this page

Home My WebLink AboutOrdinance 2965ORDINANCE NO. 2965 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; REMOVING 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 has enacted zoning restrictions requiring Specific Use Permits as a condition to drilling for minerals in the City which restrictions the City Council finds will be adequate for 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 104-6(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 hundred fifty feet (150') of any public street, road, highway, or right-of-way line. ,~ Ordinance No. 2965 Page 1 of 3 Section 2: Penalty (a) 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 we~l 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 B, 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: Severabilitv 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. 2965 Page 2 of 3 Section 4: Repealer and Savings Clause Any provision of any prior ordinance of the City whether codified or un- codified, 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 un-codified, 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 12th day of November, 2007. , .,,;;~ ` ~ `~~`C/~" ~. ~ ~'1~(~.'S'~~r''; :~.~.,. ' ~ . ~~; ~: : `~ I~ST: r : ~-~ ,~- ~_ ~ ;`~'~ . ; City Secretary CITY F ORTH HL S By: Oscar Tr ' o, Mayor APP ~ O M AND LEGALITY: George A. tapl s, City Attorney APPROVED TO CONTENT: ~ ~. ,...~ : ~ John Pitstick, Planning & Development Director Ordinance No. 2965 Page 3 of 3 INVOICE Star-Telegram aoo w. 7~rtl s~rIZFFT FORT WORTH, TX 76102 Dr~~i Qnly Customer ID: CIT13 Invoice Number: 291471251 (s l7) 3~0-7761 Invoice Date: 1 1/27/07 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 1 1/30/07 Bill To: PO Number: CITY OF NORTH RICHLAND HILLS/SE PO BOx 820609 Order Number: 29147125 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 005 Description: CITY OF NORTH. RI Publication Dates: 11/26/07 -11/27/07 Attn STACEY HARRISON Description Location Col Llcpth Linage MU Rate Amount '~L~:~rl~ ,~Irlrl_:~r~l~ IIII.I_: Sakti DISCOItnt CI I v yr NORTH RICHLAND HILLS ORDINANCE NO. 2965 ~ violation exists shall MisC FeC constitute a sePa- An Ordinance rate offense. amending Section (d) Th l e pena ty pro- 104-b of .the City of North Richland Hills vlded herein shall be Code of Ordinances cumulative of other , Regulating the Drilling and Produc- remedies provided by state law, including tion of Gas Wells within the City; rem but not limited to, the recovery of civil moving distance re- strictions Penalties under Subchapter e, freeways and arte Chapter 54, of the rial roadways; pro- Texas Local Gov- provldinga a savantgy clause i ernment Code. The City may institute any appropriate ac- ; prov ding for publication; provid- tion or proceeding in mg for severability; a court of compet ent ' providing a cumula- j Jurisdiction to en oin ~~. tive clause; and es- tablishing an effec- the violation of this chapter. The Power tive date. P of injunction Inayy be exercised i enalty (es) It h ll b n enforc- ing this cha te s a e unlawful and an ff p r whether or not there o ense for any Person to do the has been a criminal following; complaint filed." Q7 Engage in any passed and Approved activity not permit- on this 12th day of THE STATE OF TEXAS tied by the terms of a gas well November, 2007. ~ ~OSCar Trevino County of Tarrant permit issued under Chapter 104 of the N Oscar Trevino -Mayor pe orth Richland Hills Cocle tr pia Hutson ~s~ of Ordinances Patricia Hutson -City Before me, a Notary Pu . (2) Fail to comply with ~ any condition set Secretary gppROVEyD AS TO Tele ram ublished b g p y forth in a gas wen permit i FORM AND LEGAL- Irv: , attached cli In of an ~ pp g ssued under Chapter 104 Of the North Richland Hills ~s/George Staples George Staples -City (817)390-7501 rode of Ordinances; a~.~corney ~ (3) Violate any pro- ~ ~~ I vision or require- rnent slat forth undA~ c:,..,,.a (~J.OU~ ~J.f~o Net Amount: $88.56 lr ~~e` : ~',; CHRISTY L ViOLLAND x ~ * MY COMMISSION EXPIRES t ', - r July 31,2008 ~ 1~ ~~ lersonally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- it County, Texas; and who, after being duly sworn, did depose and say that the ~d paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM Ana cer 1u4 of the "~""'- Nor hRichland Hills Code of Ordinances SUBSCRIBED ANDS Cb Anv violation of _, THIS Wednesda ve b 28, 2007. r this ordinance shall y' r > be punished by a fine ~~ ~ - ,' - of not more than five hundred dollars Notary Public ~ ~• ~ (.:~ ~`~-. _. l~ f..~ (~ ~ L f ($500.00) per viola- f- `~ L~ tion Per day subject to apPlicabfe state law. Each day that a violation exists shall constitute a sepa+ Thank You For ~ rate offense. (c) Any violation of this ordinance that _,. __ . ~_ ___ _ ___ _.. _ governs fire safety, .-- - - --_ __ - - _._ ._._.._.._ _.~ .__ _._. - --__ .__. __.. ,._.._.. „~.. „_,._.. _.r„_ ,_,_, ,,,._. ~ ~_ ___ _ _._ .. .__ ~~~ ~~ public health, and/or sanitation, including dumping, refuse, or discharge, shall be punished by a fine not exceeding two T) Star-' ~sz°,ooo d d°llars Customer ID: CIT13 1\erYllt TD' tion per daers~ bject P.O. ~~~~.•-£~~in d ~y th~ata Customer Name: CITY OF NORTH RICHI.AN FORT WORTH, TX 76101-2051 Invoice Number: 291471251 Invoice f1m~~unt: $88.56 I'~~ i~'L1nlI)C1~: AnlOLlnl F,ncloscd: