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HomeMy WebLinkAboutOrdinance 3099 ORDINANCE NO. 3099 AN ORDINANCE AMENDING SECTIONS 104 -6(0) AND 104 -39 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; PROVIDING FOR THE DELIVERY OF A RESTRICTIVE COVENANT PROHIBITING CERTAIN CONSTRUCTION WITHIN 150 FEET OF A GAS WELL SITE; PROVIDING FOR THE SCREENING OF ABOVE GROUND APPURTENANCES; ESTABLISHING A PENALTY FOR VIOLATION; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council desires to require the delivery of a restrictive covenant prohibiting certain construction within 150 feet of a gas well site and desires to require the screening of above ground appurtenances; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Section 104 -6(o) of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 104 -6. Gas well permit requirements. (o) Prior to the issuance of any permit, the operator must provide a recordable instrument, in the form of a restrictive covenant, executed by the owner of the affected property for the benefit of the city, prohibiting the construction of residences, religious institutions, retail or commercial buildings within 150 feet from the outside wall or other screening around the final production gas well site. The foregoing requirement shall not apply to those sites where: (1) one or more gas drilling permits were granted on or before July 26, 2010, or (2) the owner of the affected property is a public institution that has provided 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. Section 2: THAT Chapter 104 of the North Richland Hills Code of Ordinances be amended by adding a new Section 104 -39, which shall read as follows: "Section 104 -39. Screening of above ground appurtenances All above ground appurtenances related to subsurface pipelines including valve stations and other permanent equipment placed within utility easements and /or on private property shall be visually screened with a masonry wall. The masonry wall shall be a minimum height to screen any above ground appurtenance and shall be compatible with Ordinance No. 3099 Page 1 of 2 the design of similar facilities, buildings and structures on or adjacent to the site. Proposed compressor station sites and related screening and buffering shall only be authorized by a majority vote of the Gas Board of Appeals through an appeal request." Section 3: 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 Five Hundred Dollars ($500.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 4: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. AND IT IS SO ORDAINED. PASSED AND APPROVED this 26th day of July, 2010. \` ,\ nu„► \\u\ ium is „ CITY OF • - TH RI • AND HILLS CM ON " � n ` BY: / de ctf ' r f Oscar Trevino, Mayor z ATTf�T: ") t. n •y< 0) Ph f il son, City Secretary AP •, 40 S TO 1• ' M AND LEGALITY: George A. Staples City Attorney APPROVE S TO CONTENT: __J -- John Pitstick, Planning & Development Director Ordinance No. 3099 Page 2 of 2 INVOICE pram onl Star - Telegram Customer ID: CIT13 400 W. 7TH STREET Invoice Number: 311449201 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 7/29/2010 Federal Tax ID 26- 2674582 Terms' Net due in 21 days Due Date: 7/31/2010 Bill To: PO Number: CITY OF NORTH RICHLAND HILLS /SE PO BOX 820609 Order Number: 31144920 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI Attn: STACEY HARRISON Publication Dates: 7/28/2010 - 7/29/2010 Description Location Col Depth Linage MU Rate Amount CITY OF NORTH RICHLAND HILLS CITY OF NOR'1 ORDINANCE NO. 3099 I 34 34 LINE $0.36 $24.48 An ordinance amending sections 104- 6(0) and 104 -39 of the North Richland Hills Code of Ordinances; Misc Fee providing for the delivery of a $27.20 restrictive covenant prohibiting certain construction within 150 feet of a gas well site; providing for the screening of above ground appur- tenances; establishing a penalty for violation; and providing for publi- Net Amount' $ 51.68 cation. Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty , \ \ \ \1111tlltllf / / / /// of a misdemeanor and upon final `� \�� L. • N ///��' conviction thereof fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day any �Q; ' Pl/B'• ,� such violation shall be allowed to =_ �j•'. Q Z V continue shall constitute separate h _ _ n violation and punishable hereunder. Passed and Approved on this 26th � G day of July, 2010. /s /Oscar Trevino % 97 �OF P Oscar Trevino - Mayor i ATTEST: 4 • • '• PIKES•' • /s /Patricia Hutson ���ii . 31 Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGALITY: THE STATE OF /s /George Staples County of Tarrar _ George Staples - City Attorney Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, 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 above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390 - 7501( - \� \(� l Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, my 1 j_1A r Notary Public 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: 311449201 Invoice Amount: $51.68 PO Number: Amount Enclosed: