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: