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HomeMy WebLinkAboutOrdinance 2993ORDINANCE NO. 2993 AN ORDINANCE AMENDING CHAPTER 104 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; INCREASING FEES FOR SEISMIC SURVEYS AND INCREASING CHARGES FOR PIPELINES WHICH CROSS PUBLIC RIGHTS OF WAY; 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 Council of North Richland Hills, Texas deems it fiscally prudent to increase certain fees and charges for seismic and pipeline activities in the city; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Sections 104-5(7) and 104-32(2) of the North Richland Hills Code of Ordinances are hereby amended to read as follows: "Section 104-5. Seismic Survey Permit Requirements A permit shall be required for seismic surveys. No seismic survey permit shall be granted unless the applicant shows proof of lease of mineral property within 200 feet of the right-of-way on which the survey is to be conducted. All seismic survey permit applications shall be submitted to the Planning and Development Department for approval. The seismic survey shall not begin prior to the issuance of a seismic survey permit from the City. A permit shall include, but is not limited to, the following information: (7) The permit fee for a seismic survey within the City of North Richland Hills shall be $2,500, plus the costs of barricade rental and personnel required to direct and divert traffic if City forces and materials are used. Ordinance No. 2993 Page 1 of 2 "Section 104-32. Fees and Payments to City The following fees shall be due to the City prior to any pipeline construction: (2) Right-of-Way Uses Fee -Pipeline Company shall pay aRight-of-Way Uses Fee. This fee shall be collected on or prior to the Effective Date of the Agreement. Pipeline Company shall pay the City as compensation for its use of the Public Rights-of-Ways for the Term of the Agreement the sum of $45.00 per linear foot based on the linear foot of gas pipeline proposed to be constructed within the City's public Right-Of-Way ("License Fee"). This License Fee shall be adjusted annually based on the Dallas-Fort Worth Consumer Price Index. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 13th day of May, 2008. ~A_N, CITY a: r„ Z':; ~"a`~TEST~ {N ~ By: ~ ~ ,~~~"~ Patricia Hutson, City Secretary APP S T FORM AND LEGALITY: George tapl s, City Attorney APP OV TO CONTENT: `_ ~ ~_._. John Pitstick, Planning & Development Director Trevino, Mayor Ordinance No. 2993 Page 2 of 2 INVOICE Star - Telegram 400 W. 7TH STREET FORT WORTH, TX 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- Customer ID: CIT13 Invoice Number: 297498961 Invoice Date: 6/1/2008 Draft Only Terms: Net due in 21 days Due Date: 6/30/2008 PO Number: Order Number: 29749896 Sales Rep: 073 Description: CITY OF NORTH RI Publication Dates: 5/28/2008 - 6/1/2008 Description ]b 56ir +Col Depth Linage MU Rate Amount CITY OF NORTH RICHLAND HILLS 13580 Sales Discount Misc Fee ($8.50) $5.00 Net Amount: $82.08 THE STATE OF TEXAS County of Tarrant 1 114 114 LINE $0.25 $85.58 CHRISTY L. HOLLAND My COMMISSION EXPIRES July 31, 2008 Y 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 the ove named pLonthe d dates: BIDS 8 LEGAL DEPT. STAR TELEGRAM (817) 390 -7501 Signed _ SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, J ne , Notary Public. Th ank You For Your Payment --------------------------------------------- Remit To: Star - Telegram Customer ID: P.O. BOX 901051 Customer Name: FORT WORTH, TX 76101 -2051 Invoice Number: Invoice Amount: PO Number: Amount Enclosed: CIT 13 CITY OF NORTH RICHLAN 297498961 $82.08 CITY OF NORTH RICHLAND HILLS ORDINANCE NO. 2993 An ordinance amend- In Chapter 104 of the City of North Richland Hills Code of Ordinances, in- creasing fees for seismic surveys and Increasing charges for pipelines which cross public rights of way; providing a Penalty; providing a savings clause; pro- viding for pubrca- legal Notices tion; pproviding for bfli a a cu m proud- e cuulativ whether or not there c ing la clause; and has been a criminal g an effective effective complaint filed. date. date. Passed nd Approved Section 104 -51. Pen- on this 13th o alty May, 2008. <a) It shall be unlawful /s /Oscar Trevino and an offense for Oscar Trevino - Ma or y any person to do the following: ATTEST: Hutson Engage any Patricia a a Hutson y ( activity not permit- by the terms Secreta APPROVP / D AS TO a gas well permit it FORM AND LEGAL - ITY: issued cha t r under this ( p 2) Fail /s George /George Staples Staples - to comply with any City y Attorney condition set forth in a gas well permit issued under this chapter; or (3) Violate any pro- per m of ill be ne of iy tnat a sts shall a sepa- (c) Any violation of this chapter 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 (f2,000) per viola- tion per day subject to agplicabfe state law. Each day that a violation exists shall constitute a sepa- rate offense. (d) The penalty pro- vided 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 Gov- ernment Code. The City may institute any appropriate ac- tion or proceeding in a court of competent Jurisdiction to enjoin' the violation of his chapter. The power of Injunction may be exercised in en ing this chapter