HomeMy WebLinkAboutOrdinance 22420-09-2016 ORDINANCE NO. 22420-09-2016
AN ORDINANCE AMENDING ORDINANCE NO. 18449-02-2009 TO
CORRECTLY REFLECT THE REQUIRED SETBACK FOR LIFT
COMPRESSORS IN SECTION 15.42.D.2.c.; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING
A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE AND
NAMING AN EFFECTIVE DATE
WHEREAS, on December 11, 2001, the City Council adopted Ordinance Number 14880
regulating gas drilling within the city limits of Fort Worth; and
WHEREAS, in 2008, the City Council appointed a third task force of gas industry, developer and
neighborhood representatives to study revisions to the Gas Drilling Ordinance, including revisions to the
current regulations for compressors, noise, public notice, Protected Use definitions, setbacks, roads, and
other revisions that would improve the quality of life while allowing the continued access to the minerals;
and
WHEREAS, on December 9, 2008, the City Council amended the Gas Drilling Ordinance,
including revisions for setbacks for lift compressors from Protected Uses and Habitable Structures
(Ordinance Number 18399-12-2008); and
WHEREAS, on December 16, 2008 the City Council adopted Ordinance Number 18412-12-
2008 related to the definition of a public building and the requirements of a multiple well site permit; and
WHEREAS, on February, 3, 2009, Ordinance No. 18449-02-2009 was adopted, combining
Ordinance No. 18399-02-2008 (adopted 12/9/2008) and Ordinance No. 18412-02-2008 (adopted
12/16/2008)
WHEREAS, the distance setback in Ordinance No. 18449-02-2009 does not accurately reflect
the City Council's vote on December 9`" regarding the required distance for lift compressors; and
WHEREAS, it is advisable to amend Ordinance No. 18449-02-2009 with regard to the distance
setback requirements in Section 15.42.D.2.c. for lift compressors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS:
SECTION 1.
Section 15.42.D.2.c. of Ordinance No. 18449-02-2009 is hereby amended in its entirety to reads
as follows:
2. Lift Compressors.
C. All Lift Compressors shall be set back a minimum of two hundred (200) feet
from any Protected Use, Public Building or Habitable Structure or one hundred (100) feet from
the property line, whichever is greater.
Ordinance No. 22420-09-2016
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SECTION 2.
Except as herein amended in Section 1, Ordinance No. 18449-02-2009 shall remain unchanged
and in full force and effect.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of Fort
Worth, Texas, (1986), 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 conflicting provisions of such ordinances
and such Code are hereby repealed.
SECTION 4.
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.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all
violations of the provisions of the Code of the City of Fort Worth, or any other ordinances of the City,
that 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.
SECTION 6.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM ATTEST:
AND LEGALITY:
Sarah J. Ful nwider, Mary J.K ,
City Att ey City Secretary
ADOPTED: September 13,2016
EFFECTIVE:
Ordinance No. 22420-09-2016
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/13/2016 - Ordinance No. 22420-09-2016
DATE: Tuesday, September 13, 2016 REFERENCE NO.: C-27919
LOG NAME: 12GAS DRILLING ORD CORRECT
SUBJECT:
Adopt Ordinance Correcting Ordinance No. 18449-02-2009 to Reflect the Approved Distance Setback for
Lift Compressors in Section 15.42.D.2.c. in the Gas Drilling Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt Ordinance correcting Ordinance No. 18449-02-2009 to
reflect the approved distance setback for lift compressors in Section 15.42.D.2.c. in the Gas Drilling
Ordinance.
DISCUSSION:
In 2008, the City Council appointed a Gas Drilling Task Force to review and make recommendations to
the City Council regarding amendments to the existing gas drilling ordinance. The Task Force made
numerous recommendations, including a requirement that lift compressors be set back 300 feet from
Protected Uses and Habitable Structures. During a workshop on November 4, 2008, the City Council
directed Staff to reexamine the distance setbacks recommended by the Task Force for lift and line
compressors. Staff held numerous stakeholder meetings and presented their suggestions for revisions to
the gas drilling ordinance at the December 2, 2008 and December 9, 2008 Pre-Council meetings. On
December 2, 2008, Staff suggested a 200-foot setback for lift compressors from the property line of
Protected Uses and Habitable Structures and a draft ordinance reflecting this revision was prepared. After
further discussions with the stakeholders, Staff recommended at the December 9, 2008 Pre-Council
meeting that lift compressors be set back 200 feet from Protected Uses and Habitable Structures (not the
property line) in order to match the required setback for tank batteries.
On December 9, 2008, Mayor Pro Tern Hicks made a motion, seconded by Council Member Scarth, that
the public hearing be closed and Mayor and Council Communication (M&C G-16391) be approved and
Ordinance No. 18399-12-2008 be adopted, which included the requirement that all lift compressors be set
back a minimum of 200 feet from a Protected Use or Habitable Structure or 100 feet from the property
line, whichever is greater. The motion carried seven ayes to one nay, with Council Member Burdette
casting the dissenting vote. Two provisions were continued to December 16, 2008; Multiple Well Site
Permits and the definition of Public Building and associated setbacks. On December 16, 2008, the City
Council approved the final two amendments to the gas drilling ordinance regarding Multiple Well Site
Permits and the definition of Public Buildings. (Ordinance No. 18412-02-2008).
On February, 3, 2009, Ordinance No. 18449-02-2009 was adopted, combining Ordinance No. 18399-02-
2008 (adopted 12/9/2008) and Ordinance No. 18412-02-2008 (adopted December 16, 2008). The
distance setback in the combined ordinance incorporated the initial draft ordinance and does not
accurately reflect the City Council's vote on December 9th regarding the required distance for lift
compressors. Adoption of the attached correction ordinance will require that lift compressors be set back
200 feet from a Protected Use or Habitable Structure or 100 feet from the property line, whichever is
greater as approved by the City Council on December 9, 2008.
Logname: 12GAS DRILLING ORD CORRECT Page 1 of 2
This M&C does not request approval of a contract with a business entity.
This ordinance affects ALL COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
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CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Sarah J. Fullenwider (7606)
Additional Information Contact: Judy L. Lacker (8006)
Logname: 12GAS DRILLING ORD CORRECT Page 2 of 2