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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 ATTEST: ~II11111111IIIllI/~~~ ~~F~ND ~ ~ , DA CANTU, CITY CRETARY ' ~ ~ FFECTIVE DATE: ~ p~ - =v ~ //''~~~~IIIII1111111111`\ • 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: