HomeMy WebLinkAboutOrdinance 3057ORDINANCE NO. 3057
AN ORDINANCE AMENDING SECTION 104-6 OF THE CITY OF
NORTH RICHLAND HILLS CODE OF ORDINANCES, BY REPEALING
SECTION 104.6(1)(5) RESTRICTING THE USE OF LAND WITHIN 150
FEET OF OUTSIDE FENCES OR BOUNDARIES OF EXISTING GAS
WELL PRODUCTION SITES AND AMENDING SECTION 104.6(0)
LIMITING THE REQUIREMENT FOR EASEMENTS TO BE OBTAINED
AS A CONDITION OF GAS WELL PERMITS TO THOSE SITES WHERE
A PERMIT WAS GRANTED ON OR BEFORE AUGUST 5, 2008;
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 repeal
its prohibition against the construction of buildings within 150 feet of outside fences and
boundaries of gas well sites and to exclude from the requirement that 150 foot
easements be obtained adjacent to outside walls or screening of well sites as a
condition of permits for drilling and of gas within the corporate limits of the City of North
Richland Hills, for those sites where gas drilling permits were granted prior to August 5,
2008;
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 repealing subsection Q)(5) and
amending subsection(o) to read as follows:
"Section 104-6. Gas Well Permit Requirements
(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 of the outside wall or other
screening around the final production gas well site. This subsection shall not
Ordinance No. 3057
Page 1 of 2
apply to those sites where one or more gas drilling permits were granted on or
before August 5, 2008.
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. That should any sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be unconstitutional, illegal
or invalid, the same shall not affect the validity of this ordinance as a
whole, or any part or provision thereof other than the part so decided to be
invalid, illegal or unconstitutional, and shall not affect the validity of the
Code of Ordinances as a whole.
Section 4. This Ordinance shall take effect immediately from and after its passage.
Section 5. The City Secretary is hereby authorized and directed to cause the
descriptive caption and Section 2 hereof to be published.
PASSED, APPROVED AND ADOPTED by the City Council of the City of North
Richland Hills, Texas, on this the 13th day of July, 2009.
"~muan~amiuwu~~n
,~ 1~H Lq ~'~~ CITY OF T HL ILLS
.,
~,``2'~~~ ,~yf~~
~r
o; _ ~ BY~
z'=. ~ ~N~ Oscar Trevino, yor
iEST: h ~y€
Patricia Hutson, City Secretary
APP D O ORM AND LEGALITY:
George A. Stapl s, City Attorney
APPROVER O CONTENT:
John Pitstick, Planning & Development Director
Ordinance No. 3057
Page 2 of 2
INVOICE Preview
Star - Telegram Customer ID: CIT13
400 W. 7TH STREET Invoice Number: 305666461
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 7/16/2009
Federal Tax ID 26- 2674582 Terms Net due in 21 days
Due Date: 7/31/2009
Bill To: PO Number:
CITY OF NORTH RICHLAND HILLS /SE
PO BOX 820609 Order Number: 30566646
NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073
Description: CITY OF NORTH RI
Attn STACEY HARRISON Publication Dates: 7/15/2009 - 7/16/2009
Locatioir>< Col Depth LinaMtT _:.Rate Amount
CITY OF NORTH
CITY OF N 010NANCE I nros TILLS I3580 1 64 64 LINE $0.36 $46.08
3047
An ordinance amend-
ing section 104-6 of
Sales Disco the city of North
Richland Hills Code ($5.00)
of Ordinances, by
repealingg Section
Misc Fee ing'the $5 00
within 150 feet of
outside fences or
boundaries of exist-
ing. gas well pro-
f duction sites and
amending section
104.6(o) limiting the
requirement for Net Amount $46.08
easements to be
obtained as a con-
', dition of gas well
permits to those
sites where a permit
was granted on or
before August 5,
2008; providing a
penalty; providing a
SaVIJ1gs clause; p ro-
; viding for publica-
Hon; pproviding for ♦� PzY CHRIST 731,,2012
severability; provid- _� o
Ing a cumulative My Com
clause; and estab Jul lishing an effective '/,q dat
i Violation of this or-
THE STAT'', dinance shall be
punished by a fine of
County of I not more than five
hundred dollars
t iion per day subject
Before me, to applicable state )r said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star violatiion exists shall � Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the atta rate offense. sepa- �rtisement was publish in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 390 -7 P on s this 13th o
July, 2009. \
/s /Oscar Trevino __ Signed
Oscar Trevino - Mayor
;ATTEST:
SUBSCRIBI /s /Patricia Hutson.
Patricia Hutson - City _FORE ME, THIS Frida J 17, 0
Secretary Y. Y
APPROVED AS
ITY yy N otary ubli 2�7
Georg t p City ry
Attorney
Thank You For Your Payment
--------------------------------------------- .
Remit TO: Star - Telegram Customer ID: CIT 13
P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN
FORT WORTH, TX 76101 -2051 Invoice Number: 305666461
Invoice Amount: $46.08
PO Number:
Amount Enclosed: $ I