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Home My Public Portal AboutOrdinance No. 1150-09 07-28-2009 CITY OF RICHLAND HILLS ORDINANCE NO. 1150-09 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING SECTION 90-373, ADDING A NEW SECTION 90-373(a), AND AMENDING THE CITY FEE SCHEDULE, TO ADOPT A ROAD DAMAGE REMEDIATION FEE AND THE SUPPORTING FORMULA FOR GAS DRILLING ACTIVITIES THAT GENERATE LARGE TRUCK TRAFFIC WITHIN THE CITY; 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 Council has previously adopted Article IX, Division 12, of Chapter 90 of the Richland Hills City Code, the City's Comprehensive Zoning Ordinance, regulating gas drilling activities in the City; and WHEREAS, Section 90-373 of Article IX, Division 12, of Chapter 90 previously required a Gas Well Operator to execute a road repair agreement with the City prior to commencing drilling activities, but there was no requirement for payment of the estimated costs of repairing damage to City infrastructure; and WHEREAS, the City Council has now determined that requiring a Gas Well Operator to pay a road damage remediation fee prior to commencing drilling activities as part of the process for applying for a gas well permit, so that the citizens of the City will not have to incur repair costs prior to payment by the Gas Well Operator under the road repair agreement; and WHEREAS, the City Council has now determined that a Gas Well Operator should be required to pay a road damage remediation fee to help defray the costs of repairing or replacing city streets damaged by truck traffic to and from a gas well site regardless whether such site is located within the city limits of the City, necessitating the adoption of a process for imposing a road damage remediation fee when a gas well site is not located within the City, but is serviced by trucks traversing city streets; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF SECTION 90-373 TO PROVIDE FOR PAYMENT OF ROAD DAMAGE REMEDIATION FEE Section 90-373 of Article IX, Division 12, of Chapter 90 of the Richland Hills City Code is hereby amended to provide as follows: §90-373 Road Repair Agreement and Road Damage Remediation Fee. Prior to issuance of a Gas Well Special Use Permit or a Gas Well Permit, the Operator shall pay a Road Damage Remediation Fee for each well included in a Gas Well Permit application, such Fee to be in the amount of the estimated costs to repair and/or replace all streets, roads, curbs, utilities, and other public infrastructure damaged by the Operator's drilling activities, as determined by the City, which amount is set forth in the Fee Schedule attached to the City Code as Appendix A. In addition, prior to issuance of a Gas Well Special Use Permit or a Gas Well Permit, in conjunction with the application for a Gas Well Permit, the Operator shall submit a Road Repair Agreement in form and substance approved by the City Manager or the City Manager's designee, fully executed by the Operator obligating the Operator to pay for all repairs and/or replacement of all streets, roads, curbs, utilities, and other public infrastructure damaged by the Operator's drilling activities in excess of the Road Damage Remediation Fee described above, as determined by the City. The City Manager shall have the authority to execute the Road Repair Agreement on behalf of the City. SECTION 2. ADDITION OF SECTION 90-373(a) TO PROVIDE FOR PAYMENT OF ROAD DAMAGE REMEDIATION FEE FOR OIL AND GAS WELLS LOCATED OUTSIDE THE CITY LIMITS Article IX, Division 12, of Chapter 90 of the Richland Hills City Code is hereby amended by the addition of a new Section 90-373(a), which shall provide as follows: §90-373(a) Road Damage Remediation Fee. Prior to the commencement of drilling activities, the Operator of an oil or gas well located outside the city limits of the City which well is serviced by trucks which traverse city streets shall pay a Road Damage Remediation Fee for each well serviced by trucks which traverse city streets, such Fee to be in the amount of the estimated costs to repair and/or replace all streets, roads, curbs, utilities, and other public infrastructure damaged by the Operator's drilling activities, as determined by ORDINANCE AMENDING SECTION 90-373 TO ADOPT ROAD DAMAGE REMEDIATION FEE Page 2 W:\Richland Hills\Ordinance\Gas Drilling Road Remediation Fee Amendment to Section 90-373.tgs.7.8.09.wpd the City, which amount is set forth in the Fee Schedule attached to the City Code as Appendix A. SECTION 3. AMENDMENT OF FEE SCHEDULE The Fee Schedule included in the City Code as Appendix A to is hereby amended by the adoption of the following additions: Section §90-373 Road Damage Remediation Fee for wells drilled within the City: The road damage remediation fee for each permitted Gas Well to be drilled by the Operator shall be based on the following formula: Road Damage Remediation Fee if Operator Using Piped Water Road Type Construction AASHTO Comsumptive Comsumptive Assessment Per Cost Cost/Lane Design Life Use (EASL's) Use Lane Mile Mile 2008 (EASL's) 8" Concrete $934,560.00 2,500,000 488.35 0.020% $187 7" Concrete $902,880.00 1,200,000 488.35 0.041% $370 6" Concrete $871,200.00 550,000 488.35 0.089% $775 6" HMAC $343,200.00 375,000 488.35 0.130% $446 2" HMAC over $93,400.00 37,500 488.35 1.302% $1,216 flex base 6" Flex base $63,360.00 600 488.35 81.40% $51,575 with chip seal Minimum Charge $5,000 per well Maximum Charge $30,000 per well ORDINANCE AMENDING SECTION 90-373 TO ADOPT ROAD DAMAGE REMEDIATION FEE Page 3 W:\Richland Hills\Ordinance\Gas Drilling Road Remediation Fee Amendment to Section 90-373.tgs.7.8.09.wpd Road Damage Remediation Fee if Operator Using Hauled Water Road Type Construction AASHTO Consumptive Consumptive Assessment Per Cost Cost/Lane Design Life Use (EASL's) Use Lane Mile Mile 2008 (EASL's) 8" Concrete $934,560.00 2,500,000 1336.05 0.053% $499 7" Concrete $902,880.00 1,200,000 1336.05 0.111% $1,002 6" Concrete $871,200.00 550,000 1336.05 0.243% $2,117 6" HMAC $343,200.00 375,000 1336.05 0.356% $1,222 2" HMAC over $93,400.00 37,500 1336.05 3.563% $3,328 flex base 6" Flex base $63,360.00 600 1336.05 222.675% $141,087 with chip seal Minimum Charge $5,000 per well Maximum Charge $30,000 per well Section §90-373(a) Road Damage Remediation Fee for wells drilled outside the City: The road damage remediation fee for each Oil or Gas Well drilled by the Operator shall be based on the following formula: Road Damage Remediation Fee if Operator Using Piped Water Road Type Construction AASHTO Comsumptive Comsumptive Assessment Per Cost Cost/Lane Design Life Use (EASL's) Use Lane Mile Mile 2008 (EASL's) 8" Concrete $934,560.00 2,500,000 488.35 0.020% $187 7" Concrete $902,880.00 1,200,000 488.35 0.041% $370 6" Concrete $871,200.00 550,000 488.35 0.089% $775 6" HMAC $343,200.00 375,000 488.35 0.130% $446 2" HMAC over $93,400.00 37,500 488.35 1.302% $1,216 flex base 6" Flex base $63,360.00 600 488.35 81.40% $51,575 with chip seal ORDINANCE AMENDING SECTION 90-373 TO ADOPT ROAD DAMAGE REMEDIATION FEE Page 4 W:\Richland Hills\Ordinance\Gas Drilling Road Remediation Fee Amendment to Section 90-373.tgs.7.8.09.wpd Minimum Charge $5,000 per well Maximum Charge $30,000 per well Road Damage Remediation Fee if Operator Using Hauled Water Road Type Construction AASHTO Consumptive Consumptive Assessment Per Cost Cost/Lane Design Life Use (EASL's) Use Lane Mile Mile 2008 (EASL's) 8" Concrete $934,560.00 2,500,000 1336.05 0.053% $499 7" Concrete $902,880.00 1,200,000 1336.05 0.111% $1,002 6" Concrete $871,200.00 550,000 1336.05 0.243% $2,117 6" HMAC $343,200.00 375,000 1336.05 0.356% $1,222 2" HMAC over $93,400.00 37,500 1336.05 3.563% $3,328 flex base 6" Flex base $63,360.00 600 1336.05 222.675% $141,087 with chip seal Minimum Charge $5,000 per well Maximum Charge $30,000 per well In all other respects, the Fee Schedule shall remain unchanged. SECTION 4. 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 indirect 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 5. 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. ORDINANCE AMENDING SECTION 90-373 TO ADOPT ROAD DAMAGE REMEDIATION FEE Page 5 W:\Richland Hills\Ordinance\Gas Drilling Road Remediation Fee Amendment to Section 90-373.tgs.7.8.09.wpd SECTION 6. 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 7. 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 8. 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 9. 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 ofthe 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 10. 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. ORDINANCE AMENDING SECTION 90-373 TO ADOPT ROAD DAMAGE REMEDIATION FEE Page 6 W:\Richland Hills\Ordinance\Gas Drilling Road Remediation Fee Amendment to Section 90-373.tgs.7.8.09.wpd PASSED AND APPROVED ON THIS 28th DAY OF JULY , 2009. G~~~ T NORABLE DAVID L. AN, MAYOR ATTEST: l~ INDA CANTU, TRMC, CITY SECRETARY EFFECTIVE DATE: ~b~ ~pp`~ APPROVE S TO FORM AND LEGALITY: TIM G. SRALLA, CITY ATTORNEY ORDINANCE AMENDING SECTION 90-373 TO ADOPT ROAD DAMAGE REMEDIATION FEE Page 7 W:\Richland Hills\Ordinance\Gas Drilling Road Remediation Fee Amendment to Section 90-373.tgs.7.8.09.wpd