HomeMy WebLinkAboutOrdinance 3106 ORDINANCE NO. 3106
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
AMENDING CHAPTER 104, GAS WELL DRILLING AND
PRODUCTION, ARTICLE IV, GAS PIPELINE INSTALLATION, OF THE
NORTH RICHLAND HILLS CODE OF ORDINANCES, BY AMENDING
SECTION 104 -31 TO PROVIDE THAT PUBLIC RIGHT -OF -WAY USE
AGREEMENTS FOR GAS PIPELINES MAY BE APPROVED BY THE
CITY MANAGER OR THE CITY MANAGER'S DESIGNEE; PROVIDING
A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5, of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City Council of the City of North Richland Hills heretofore adopted
Chapter 104, Article IV of the North Richland Hills Code of Ordinances,
regarding the installation of gas pipelines in public rights -of -way; and
WHEREAS, Section 104.31 of the North Richland Hills Code of Ordinances contains
the requirements for use agreements to install gas pipelines in public
rights -of -way; and
WHEREAS, the City Council desires to amend Section 104.31 to authorize the City
Manager or the City Manager's designee to approve agreements for the
installation of gas pipelines in public rights -of -way when such agreements
comply with the requirements of Section 104 -31 of the North Richland Hills
Code of Ordinances, and the applicant has paid the fees required by
Section 104 -32 of the North Richland Hills Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH
RICHLAND HILLS, TEXAS:
SECTION 1. That Section 104 -31, Public right -of -way use agreement requirements, of
the North Richland Hills Code of Ordinances, is hereby amended by
adding the following at the end of such section:
"When a public right -of -way agreement complies with the requirements of
this Article, and the applicant has paid the fees required by Section 104 -32
hereof, the City Manager or the City Manager's designee may execute the
agreement on behalf of the City without further approval by the City
Council. In lieu of executing the agreement and for any reason, the City
Manager may place the agreement on the City Council agenda for
consideration by the City Council."
Ordinance No. 3106
Page 1 of 2
SECTION 2. This Ordinance shall be cumulative of all provisions of ordinances and of
the Code of Ordinances of the City of North Richland Hills, Texas, as
amended, except when the provisions of this Ordinance are in direct
conflict with the provisions of such ordinances and such code, in which
event the conflicting provisions of such ordinances and such code are
hereby repealed.
SECTION 3. 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 section, paragraph, sentence, clause, or phrase
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 sections, paragraphs, sentences,
clauses, and phrases of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of
any such unconstitutional section, paragraph, sentence, clause or phrase.
SECTION 4. This Ordinance shall be in full force and effect from and after the date of
its passage and approval, and it is so ordained.
PASSED AND APPROVED on this the 23rd day of August, 2010.
o RIC ivilkii, CITY 'i ORT ' ICHLAND HILLS
:2 By: ►A1,4at
o �- v-4 Oscar Trevino, Mayor
ATTE -T• `
Patricia HutA4i'u""i' Secretary
APP 10 , OdE TO • RM AND LEGALITY:
/ f
George A. Stapl-., City Attorney
APPROVED AS TO CONTENT:
6±4-
Mike Curtis, P.E., Managing Director
Ordinance No. 3106
Page 2 of 2