HomeMy Public PortalAboutOrdinance No. 1080-07 02-27-2007 CITY OF RICHLAND HILLS ORDINANCE NO. 1080-07
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
CREATING A NEW ARTICLE VIII. OF CHAPTER 34 OF THE CITY
CODE REGULATING SEISMIC SURVEY AND OIL, GAS AND
MINERAL EXPLORATION ACTIVITIES WITHIN THE CITY,
ESTABLISHING PERMIT REQUIREMENTS FOR SUCH ACTIVITIES,
ESTABLISHING A PERMIT FEE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of 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 has seen an increase in interest in the mineral development
community in leasing and production of natural gas in the vicinity of the City, and
WHEREAS, the City has recently adopted an ordinance regulating drilling activities for
• oil and natural gas, but has not established any regulation of seismic survey and any oil, gas, or
mineral exploration activities which might accompany such drilling activities; and
WHEREAS, such activities could present certain dangers to the public and public
property if not properly regulated;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION 1.
Seismic Survey Permitting Requirements
Article VIII of Chapter 34 of the Richland Hills City Code is hereby added, and shall
provide as follows:
ARTICLE VIII. SEISMIC SURVEY AND OIL,
GAS AND MINERAL EXPLORATION
Section 34-300. Seismic Survey and Oil, Gas and Mineral Exploration
Activities Generally Prohibited.
• No seismic surveys and any oil, gas, or mineral exploration activities
involving any use of ground vibration equipment or other destructive or
dangerous in nature shall be conducted within the City except as permitted in this
Article. Under no circumstances shall the use of explosive charges be permitted
for such activities.
Section 34-301. Seismic Survey and Oil, Gas and Mineral Exploration
Permit Requirements.
a. Permit Required. Seismic surveys and any oil, gas, or mineral
exploration activities may be conducted within the City provided a permit
is first obtained from the City as provided herein. All seismic survey
permit applications shall be submitted to the Code Enforcement Officer,
and no permit shall be issued until approved by the Code Enforcement
Officer and the City Engineer, or their designees. The seismic survey
shall not begin prior to the issuance of a permit from the City, regardless
of whether an application has been filed.
b. Permit Requirements. No such permit shall be granted unless the
applicant shows proof that the applicant holds a valid, existing lease of
mineral property within 200 feet of the property on which the survey is to
be conducted. A permit application shall include, but is not limited to the
• following information and material:
(1) the name, phone number, fax number, physical address, and, if
available, a-mail address of the operator and the applicant;
(2) if the operator is a corporation or company, the state of the
incorporation or organization, evidence that the corporation or company is
authorized to do business in the state of Texas, the name, address, and
telephone number of the president or other governing officer or member,
and the registered agent for service of process in Texas; if the operator is a
partnership, the names, addresses, and telephone numbers of all general
partners;
(3) detailed mapping of each location and anticipated extent of seismic
survey activities to be conducted;
(4) the dates and times such seismic survey activities will be conducted;
(5) a detailed explanation of the seismic survey method to be used on each
such site and on each such occasion; and
•
• (6) the date and time the seismic survey will be completed.
c. Permit Fee.
The permit fee for a seismic survey on public property shall be as shown
in the Fee Schedule attached as Appendix A to the City Code.
Section 34-302. Activities in Public Rights-of--Way.
If all or any part of the seismic survey activities are to be conducted in any
public right-of--way, then the operator must submit a traffic safety and
management plan as required by the Public Works Department, and provide
security in the form of a payment bond or other security acceptable to the City
Manager in an amount equal to any anticipated costs or damages to the City
associated with the seismic survey activities, including but not limited to expenses
incurred by the City in providing any required traffic barricades or City personnel
for traffic management or public works assistance. Further, the operator shall be
liable for and promptly pay for all costs or damages to the City, anticipated or not,
associated with the seismic survey activities, including but not limited to expenses
incurred by the City in providing any required traffic barricades or City personnel
for traffic management or public works assistance.
• Section 34-303. License Required to Conduct Activities on City-Owned
Property.
The issuance of a permit under this Article shall not constitute permission
or consent by the City for any person to conduct seismic survey or other oil, gas,
or mineral exploration activities on any City-owned property, except as expressly
permitted on City rights-of--way. Any seismic survey or other oil, gas, or mineral
exploration activities to be conducted on any City-owned property which is not
already subject to a valid, existing mineral lease maybe conducted only after first
obtaining written permission for such activities obtained through a separate
license agreement approved by the City Council, which approval shall be
discretionary.
SECTION 2.
AMENDMENT OF FEE SCHEDULE
The Fee Schedule attached as Appendix A to the City Code is hereby amended by the
addition of the following:
Code Section Description Amount
•
•
34-301 Seismic survey and oil and The greater of $250.00 or 25 cents per
gas exploration permit foot of cable extended across or along City
rights-of--way, plus the anticipated costs of
traffic control barricades and City police and
public works personnel required if City
forces and materials are used, as determined
by the City.
The remainder of the Fee Schedule attached as Appendix A to the City Code shall remain
unchanged.
SECTION 3.
PROVISIONS CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Richland Hills, Texas, as amended, except where 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 4.
• PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
sentence, paragraph or section 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 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 unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 5.
RIGHTS AND REMEDIES SAVED
All rights and remedies of the City are expressly saved as to any and all violations of the
provisions of the City Code amended or revised herein, or any other ordinances affecting the
matters regulated herein which have accrued at the time of the effective date of this ordinance;
and, as to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this ordinance but
may be prosecuted until final disposition by the courts.
•
• SECTION 6.
PUBLICATION
The City Secretary of the City of Richland Hills is directed to publish the caption, penalty
clause, publication clause and effective date of this Ordinance to the extent required by law.
SECTION 7.
PUBLICATION IN BOOK OR PAMPHLET FORM
The City Secretary of the City of Richland Hills is hereby authorized to publish this
ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution
among the public, and the operative provisions of this ordinance and the exhibits to this
ordinance as so published shall be admissible in evidence in all courts without further proof than
the production thereof.
SECTION 8.
PENALTY FOR VIOLATION
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no
more than Five Hundred Dollars and no cents ($500.00) for each violation of this Ordinance.
Each day that a violation is permitted to exist shall constitute a separate offense.
• SECTION 9.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained. qq
PASSED AND APPROVED ON THIS o~~ DAY OF , 2007.
4~
HONORABLE DAV L. RAGAN, MAYOR
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• APPROVED S O FORM AND LEGALITY:
TIM G. SRALLA, CITY ATTOR EY
•
•
INVOICE ~rar} ~„ly
Star-Telegram Customer ID: CIU08
400 W. 7TH STREET Invoice Number: 282137031
_ FORT WORTH, TX 76102 _ _ _
Invoice Date: 3/3007
. (817}390-7761
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 3/31/07
Bill To: PO Number:
CITY OF RICHLAND HILLS
3200 DIANA DR Order Number: 28213703
RICHLAND HILLS, TX 76118-6237 Sales Rep: 073
Description: AN ORDINANCE O
Attn BARBARA . WRIGHT Publication Date: 3/30/07
Description . ~ _ Location Col ,Depth Linage MU Rate Amount
AN ORDINANCE OF ~ Counai witnout the
AN ORDINf THE CITY oF± incorporation in this ] 140 140 LINE $0.53 $74.20
RICHLAND HILLS, ordinance of any such
TEXAS CREATING A unconstitutional
NEW ARTICLE VIIL I phrase, clause, sen-
OF CHAPTER 34 OF fence, paragraph or
i section.
THE CITY CODE RIGHTS AND REME-
REGULATING SETS- .DIES SAVED - All
MIC SURVEY AND ri hts and remedies Net Amount: $74.20
OIL GAS AND MIN- o{ the City are ex-
ERAL EXPLORA- pressly saved as to
TION ACTIVITIES any and all violations
WITHIN THE CITY, of the provisions of
ESTABLISHING. the City Code
PERMIT REQUIRE~~ amended or revised
MENTS FOR SUChI herein, or anY other
ACTIVITIES ES- ordinances affecting
I TABLISHINC~ A ;he matters regulated
PERMIT FEE' PRO. herein which have
VIDING THAI THIS accrued at the time of
ORDINANCE SHALL'' the effective date of
BE CUMULATIVE OF this ordinance; and
ALL ORDINANCES;,.' .as to such accrued
PROVIDING A SEV-i violations and all
ERABILITY CLAUSE; pending litigation,
PROVIDING APEN- both civil and cnminal, _ _
_ ALTV FOR VIOLA-_ whether pending. in
TION' PROVIDING A
SAVINGS CLAUSE• court or not, under
PROVIDING FOFI such ordinances,
PUBLICATION AS same shall not be
REQUIRED BY LAW affected by this ordi-
• AND PROVIDING Ahl Hance but maY be - Y
EFFECTIVE DATE. prosecuted until final
PROVISIONS SEV- disposition by the
courts.
ERABLE It is hereby CHPISi~ L H01 14NC~
declared to be the PUBLICATION- The 91
intention of the City City Secretary of the 'f ~ MY C~ M^~7fSSIQP E`CF'If~E:
I Council that the City of Richland Hills „t"
phrases, clauses, is directed to publish ~ i`, July 31, 2008
COU
STO sentences, pare- the caption, penalty ;
cause, publication _
.graphs, and sections a" _ -
y of this ordinance are clause and effective "
severable, and if any date of this Ordinance
phrase, cause, sen- to the extent required
fence, pare raph o b law. ate, this da ersonall a eared Deborah Ba lor, Bid and Le al Coordinator
Before me h PENALTY FOR VIO- Y P Y PP Y 9
section of this ordi- CATION -Any person,
for the Sta Hance shall be de-1 firm or corporationtC. at FOrt WOrth, in Tarrant County, Texas; and who, after being duly sworn, did depose and
clareYd unconstitu~tuion- who violates, dis-
say that th me t ohdeo
ele of ay
~ obeys, omits, negle~ts~blished in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR
TELEGRP court of competent or refuses to compply
jurisdiction, such un- `With or who resists the
817 390 constitutionality. shall enforcement of anY of
( ~ the provisions of this
not affect any of the Ordinance shall be
remaining phrases fined no more than
clauses, sentences, Five Hundred Dollars
paragraphs and sec- a d no centsi
[ions of this ordi- (~51~.00) for each
Hance, since the same violation of this Ordi-
would have been ~ Hance. Each day Chatpnda , A rl 2, 00 ,
SUBSCRI, enacted by,the City Y P
a violation is permitted
to exist shall consti-
tute a separate of-
fense. r Public
EFFECTIVE DATE-
This ordinance shall
be in full force and
effect from and atte~
Thank You For Your Pa' its .passage anc - - _ -
publication as re
' quired byy law and it
. r _ is so ortlained. - . _ _ _ ~ r _ _ _ - W_
_ PASSED AND AP- ~ -
PROVED ON THIS
27th day of February.
_ nnn~ - -
emlt o Star-Telegram _ _ mar CIU08 _
P.O. BOX 901051 Customer Name: CITY OF RICHLAND HILLS
FORT WORTH, TX 76101-2051 Invoice Number: 282137031
• Invoice Amount: $74.20
PO Number:
$
- Amotxr3t Enclosed: