HomeMy Public PortalAboutOrdinance No. 1165-10 04-27-2010 ~
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1165-10
CITY OF RICHLAND HILLS ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING SECTION 90-374 TO REQUIRE A SEPARATE GAS WELL
PERMIT FOR EACH GAS WELL DRILLED; 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
i 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
ofthe Richland Hills City Code, the City's Comprehensive Zoning Ordinance, regulating gas drilling
activities in the City; and
WHEREAS, Division 12 of Article IX of Chapter 90 requires operators who file applications
for gas well permits to pay certain fees as set forth therein; and
WHEREAS, Section 90-374(b) of Chapter 90 currently permits or allows an operator to be
charged only one gas well permit fee for an entire padsite, regardless of the number of wells drilled
on such site; and
WHEREAS, the City Council has determined that a separate gas well permit fee should be
f charged and collected for each gas well drilled; and
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WHEREAS, all requirements of law dealing with notice, publication and all procedural
requirements have been complied with in accordance with the comprehensive zoning ordinance and
Chapter 211 of the Local Government Code.
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NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTION 1.
AMENDMENT OF SECTION 90-374(b) TO REQUIRE
A SEPARATE PERMIT FOR EACH GAS WELL
Section 90-374(b) of Article IX, Division 12, of Chapter 90 of the Richland Hills City Code
is hereby amended to provide as follows:
Section 90-374. Gas well permit required.
(b) A separate gas well permit shall be obtained for each well drilled, regardless
of whether such well is on a previously existing pad site.
The remainder of Section 90-374 shall remain unchanged.
SECTION 2.
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 3.
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, pazagraphs 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 4.
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.
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SECTION 5.
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 6.
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 7.
PENALTY FOR VIOLATION
Anyperson, 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 Two Thousand Dollars and no cents ($2,000.00) for each violation of this Ordinance. Each day
that a violation is permitted to exist shall constitute a separate offense.
SECTION 8.
EFFECTIVE DATE
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This ordinance shall be in full force and effect from and after its passage and publication as
required bylaw, and it is so ordained. 1
PASSED AND APPROVED ON THIS d.~ DAY OF 2010.
ONORABLE DAVID . RAGAN, MAYOR
ATTEST: • • • • J,
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INDA CANTU, TRMC, CITY SECRETARY = % ~ •
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' EFFECTIVE DATE: ~ d. D ~ ~
APPROVED S O AND LEGALITY:
TIM G. SRALLA, CITY ATTORNEY
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