HomeMy WebLinkAboutOrdinance 3031ORDINANCE NO. 3031
AN ORDINANCE AMENDING SECTION 104-6 OF THE CITY OF
NORTH RICHLAND HILLS CODE OF ORDINANCES, ESTABLISHING
GAS WELL PERMIT REQUIREMENTS; CHANGING THE
REQUIREMENTS FOR PERMITS ON PROPERTY OWNED BY PUBLIC
INSTITUTIONS; LIMITING THE TIME WHICH A PERMIT MAY BE
EXTENDED; REQUIRING NOTICE OF GAS WELL PERMIT
LOCATIONS TO BE FILED IN COUNTY LAND RECORDS; 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 prudent to amend
its regulations concerning permits for drilling and of gas within the
corporate limits of the City of North Richland Hills to clarify the time for
permits to expire in the absence of drilling and to provide for better notice
to those persons owning property in the vicinity of wells being permitted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
Section 1: THAT, Section 104-6 of the City of North Richland. Hills Code of General
Ordinances is hereby amended by amending subsections (j) and (o) and
adding a new subsection (p) to read as follows"
"Section 104-6. Gas Well Permit Requirements
(j) A gas well permit shall automatically terminate, unless extended, if drilling is not
commenced within one hundred eighty (180) days from the date of the issuance
of the permit. A well permit may be extended for an additional ninety (90) days
under the following two conditions; 1) upon written request by the gas well
operator, and 2) proof that the permit for which an extension is sought could be
issued on the date of such extension under the regulations and conditions then
existing.
Ordinance No. 3031
Page 1 of 3
(o) Prior to the issuance of any permit, the operator shall, except for public
institutions which provide a resolution committing not to construct any building
within 150 feet of any outside wall or other screening around the final production
gas well site, provide a recordable easement from the owner of affected property
as grantor to the city as grantee which prohibits residences, religious institutions,
retail or commercial buildings within 150 feet from the outside wall or other
screening around the final production gas well site.
(p) Prior to the issuance of any permit, the operator shall record a "gas well vicinity
notice" in the Tarrant County real property records giving notice of the location of
such proposed well and the description by lot, block and subdivision each
undeveloped platted lot within 600 feet of such well or, if there is undeveloped
land within such distance which is not within a recorded subdivision, the name of
each survey within 600 feet of such well location. Such notice shall be in the
form established by city staff."
Section 2: 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.
Section 3: 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.
Section 4: 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 5: 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 22nd day of December, 2008.
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Ordinance No. 3031
Page 2 of 3
ATTEST:
~~~
Patricia Hutson, City Secretary
AP T FOR/JM AND LEGALITY:
./J
George A. tap s, City Attorney
APPROVED AS TO CONTENT:
,-
l _.
John Pitstick, Planning & Development Director
Ordinance No. 3031
Page 3 of 3
INVOICE
Star - Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817) 390 -7761
Federal Tax ID 26- 2674582
Bill To:
CITY OF NORTH RICHLAND HILLS /SE
PO BOX 820609
NORTH RICHLAND HILLS, TX 76182-
Deser - " Location
C} OF NORTH
CITY OF ] , to Aw trfy LS I3580
Sales Disc( 'V. wnor=
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of Ordinances, es-
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owned by public irtr
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the time which a
permit may be ert-
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notice of gas We
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be filed in county
land records; pro-
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providing a savings
clause; C rovlding far
n,drli�ation. orovW ,
THE STA
County of
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attached i
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Preview
Customer ID:
CIT13
Invoice Number:
303010341
Invoice Date:
2/15/2009
Terms:
Net due in 21 days
Due Date:
2/28/2009
PO Number:
Order Number:
30301034
Sales Rep:
073
Description:
CITY OF NORTH RI
Publication Dates: 2/12/2009 - 2/15/2009
Col Depth .Linage' MU
Rate Amount
1 59 59 LINE
$0.27 $47.48
Net Amount:
$43.98
lid County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star -
im, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the
as published in t ove named papfr on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
Signed �\ ��� .•' PU '•• + y ��i
2 y
•ip i
RE ME, THIS Wednesday, February 18, 2009. 2
Notary G inn -°�_ •_ _
Nota Public
° ? ATE Of'%
Thank You For Your Payment
Remit To: Star - Telegram
P.O. BOX 901051
FORT WORTH, TX 76101 -2051
Customer ID:
Customer Name:
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Amount Enclosed:
CIT 13
CITY OF NORTH RICHLAN
303010341
$43.98