The URL can be used to link to this page

Home My WebLink AboutOrdinance 3083ORDINANCE NO. 3083 AN ORDINANCE AMENDING SECTIONS 104-32, 104-33, 104-34 AND 104-36 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, REGULATING THE DEVELOPMENT OF OIL AND GAS WELLS WITHIN THE CORPORATE LIMITS OF THE CITY OF NORTH RICHLAND HILLS; AMENDING FEES FOR USE OF PUBLIC RIGHTS OF WAY, STANDARDS FOR WORK IN PUBLIC RIGHTS OF WAY, AND PROVIDING FOR DEVIATIONS TO INDEMNIFICATION AGREEMENTS; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, the City of North Richland Hills, Texas, (the "City") has the authority and power to adopt regulations governing the use of public right of way in the interest of the public health, safety and welfare of its citizens; and, WHEREAS, the amendment to provisions of the city's requirements for use of rights of way for oil and gas pipelines has been recommended by staff; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Section 104-32 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 104-32. Fees and payments to city. The following fees shall be due to the city prior to any pipeline construction: (1) 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 processing application forms, construction plan review and pipeline inspection costs incurred by the city over a 20 year period. The pipeline uses fee shall be the sum of $47.00 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. (2) Other payments and interest. In addition to the license fee, pipeline company shall pay the city all sums which may be due the city for property taxes, license fees, permit fees, or other taxes, charges or fees that the city may from time to time impose on all other similarly situated entities within the city." Section 2: Section 104-33 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: Ordinance No. 3083 Page 1 of 4 "Sec. 104-33. Regulatory authority of the city. To the extent permitted by law, a pipeline company's property and operations hereunder shall be subject to such regulation by the city as may be reasonably necessary for the protection or benefit of the general public. In this connection, pipeline company shall be subject to, governed by and shall comply with all applicable federal, state and local laws, including all ordinances, rules and regulations of the city, as same may be adopted and amended from time to time." Section 3: Subsections 104-34(3) and (9) of the North Richland Hills Code of Ordinances are hereby amended to read as follows: "Sec. 104-34. Use of public rights-of-way. The city has the right to control and regulate the use of the public rights-of-way, public places and other city-owned property and the spaces above and beneath them. Pipeline company shall comply with all applicable laws, ordinances, rules and regulations, including, but not limited to, city ordinances, rules and policies related to construction permits, construction bonds, permissible hours of construction, operations during peak traffic hours, barricading requirements and any other construction rules or regulations that may be promulgated from time to time. (3) During any such work, pipeline company shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public. The use of such traffic control devices shall be consistent with the standards and provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices. Pipeline company shall utilize appropriate warning lights at all construction and maintenance sites where one or more traffic lanes are closed or obstructed during nighttime conditions. Pipeline company shall plan and execute construction of the pipeline so that no flood conditions are created or worsened on the surrounding land. (9) Relocation of pipeline. Within 180 calendar days following a written request by the city, company, at pipeline company's sole cost and expense, shall protect, support, disconnect, alter or remove from the public rights-of-way all or any portion of its pipeline due to street or other public excavation, construction, repair, grading, regrading or traffic conditions; the installation of sewers, drains, water pipes or municipally- owned facilities of any kind; the vacation, construction or relocation of streets or any other type of structure or improvement of a public agency; any public work; or any other type of improvement necessary, in the city's sole discretion, for the public health, safety or welfare. If pipeline company Ordinance No. 3083 Page 2 of 4 reasonably requires more than 180 days to comply with the city's written request, it shall notify the city manager in writing and the city will work in good faith with pipeline company to negotiate a workable time frame. Any relocation will require that the public works department, at pipeline company's expense, approve pipeline company's plans. Section 4: Section 104-36 of the North Richland Hills Code of Ordinances is hereby amended by adding a new subsection (e) which shall read as follows: Sec. 104-36. Liability and indemnification. (e) Minor modifications. Minor deviations from the requirements of this section may be approved by the City Council upon recommendation of the City Attorney." Section 5: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity 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 in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 6: Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two thousand Dollars. ($2000.00) Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 7: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance as an alternative method of publication provided by law. Section 8: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. Ordinance No. 3083 Page 3 of 4 PASSED AND APPROVED on this 14th day of December, 2009. ~F°~~`Q~~~ R I Cy~M~~~ ~• ti~ ~ ' O~ A~~ST: . ~ ~:V __ ~ ',: ~ r r n Y~~~ •• •• Patri, „ut~~d,,, ~, y Secretary CITY OF O TH RI AND HILLS By: Oscar Tr in ,Mayor APPR TO FOR AND LEGALITY: George A. Staples, Ci Attor y APPROVED AS TO CONTENT: ~ "~ John Pitstick, Planning & Development Director Ordinance No. 3083 Page 4 of 4 INVOICE Star - Telegram Customer ID: CIT13 400 W. 7TH STREET Invoice Number: 308173781 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 1/5/2010 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 1/31/2010 Bill To: PO Number: CITY OF NORTH RICHLAND HILLS /SE PO BOX 820609 Order Number: 30817378 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI Attn: Attn: PAM KENNY Publication Dates: 1/4/2010 - 1/5/2010 g MU Rate Amount L "alNotices CITY OF CITY OF NORTH ID HILLS 13580 1 60 60 LINE $0.36 $43.20 RICHLAND HILLS ORDINANCE NO. Sales Disc An ordinance amend- in Sections 104-32, ` $500 104 -33, 104 -34 an 104 -36 of the North Misc Fee Richland Hills Code of Ordinances, reg- $5.00 ulating the develop- ment of oil and gas wells within the corporate limits of the City of. North Richland Hills; amending fees . for Net Amount use of public rights ' of way, standards for work in public rights of way and providing for deviations to indemnification agreements; provid- ing a , penalty and - authorizing pub i- I tion. ,p CHa 1P.T` , ! OLLAND Any person, firm or corporation violating My 00(yimlw oo Expires any provision of this IitIV 31, mi i ordinance shall be 1... deemed guilty of a misdemeanor and = final conviction thereof fined in an THE S amount not to ex- ceed Two thousand County Dollars. ($2000.00) Each day any such violation shall be Before shl all nstit ten�a and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Stai separate pu nishable shable ay the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas: and who, after being duly swum, did depose and say that the pas eA Approved i advertisement was publis n the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 3 on this 14th day of r� December, - M /s /Oscar Trevino Oscar Trevino o -Mayor ATTEST: Signed /s /Patricia Hutson . Patricia Hutson City SUBSC Secretar TO BEFORE ME, THIS Thursday, Jan ry 0 APPROVED AS TO FORM AND LEGAL- t-wZ&7 ITY: /s / George Staples Notary Public George taples - City Attorney Thank You For Your Payment --------------------------------------------- Remit To : Star - Telegram Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101 -2051 Invoice Number: 308173781 Invoice Amount: $43.20 PO Number: Amount Enclosed: