HomeMy WebLinkAboutOrdinance 20166-04-2012Ordinance No. 20166 -04 -2012
AN ORDINANCE REPEALING THE MORATORIUM ON SALT WATER
DISPOSAL WELLS; AMENDING THE CODE OF ORDINANCES OF THE CITY
OF FORT WORTH, BY AMENDING CHAPTER 15, "GAS ", ARTICLE II, "GAS
DRILLING AND PRODUCTION ", SECTION 15 -42, TO PROHIBIT SALT
WATER DISPOSAL WELLS WITHIN THE CITY; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING
A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on August 16, 2011, the City Council conducted a Gas Drilling
Workshop on air quality, salt water disposal wells, hydraulic fracturing, gas well
permitting, grandfathered setbacks and other gas drilling issues; and
WHEREAS, on September 13 and 20, 2011, the City Council received briefings
from staff on recommended changes to the Gas Drilling regulations; and
WHEREAS, after public hearing and comments on October 18 and 25, 2011,
City Council considered and denied a proposed ordinance amending the regulations for
Gas Drilling in Chapter 15 of the City Code; and
WHEREAS, on October 25, 2011, the City Council adopted Ordinance No.
19946 extending the moratorium on salt water disposal wells until April 30, 2012; and
WHEREAS, on November 1, 2011, the City Council denied M &C G -17435 to
schedule a public hearing on a proposed ordinance which would allow salt water disposal
wells within the City; and
WHEREAS, upon the City Council's direction, staff conducted five public
meetings within the City to discuss with the public the issues related to salt water
disposal wells and their presence within the City; and
WHEREAS, after reviewing the results and feedback from the five public
meetings, hearing public comment on April 3, 2012 during the regular City Council
meeting, and considering all other information before it, the City Council finds that a
prohibition of salt water disposal wells within the City limits is in best interests of the
City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That Ordinance No. 19946 is hereby repealed in its entirety.
currri "Xr It
That Section 15 -42, Paragraph 29. "Salt Water Wells" Subsection A "On Site
Requirements" of Article II, "Gas Drilling and Production" of Chapter 15 "Gas ", is
hereby repealed in its entirety and replaced with a new Paragraph 29 to read as follows:
29. Salt Water Disposal Wells. Salt water disposal wells shall not be allowed or
permitted within the corporate limits of the City.
SECTION 3.
That this ordinance shall be cumulative of all other ordinances of the City of Fort Worth
and shall not repeal any of the provisions of such ordinances, except as specifically
repealed in Section 1 and in those instances where provisions of such ordinances are in
direct conflict with the provisions of this ordinance.
Ordinance tits. 20 100-04-2012
Page _' ot'4
Ordinance Pmhihiting Salt Watcr Disposal wells
gVCTInN d
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the City Code, or any amendments thereto 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 or criminal, same shall not be affected by this ordinance but
may be prosecuted until final disposition by the courts.
SECTION 5.
That it is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared void,
ineffective or unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation herein
of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6.
That 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 not more than Two Thousand Dollars ($2000.00) for each offense. Each
day that a violation exists shall constitute a separate offense.
SECTION 7.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this
ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by V.T.C.A. Local Government Code Subsection 52.013.
Ordinancc No. 20100-04-2012
Ordinance Prohibiting Salt water Dispo,;al "'ells
SECTION 8.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
By:
Christa R. Reynolds
Sr. Assistant City Attorney
Adopted
y. 10.1)
l h-diil;ince No
1),i,-,c 4 of 4
Ordinancc Prohihitim, Salt water Di,po,,al wclk
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/10/2012 Ordinance No. 20166 - 042012
DATE: Tuesday, April 10, 2012 REFERENCE NO.: G -17569
LOG NAME: 12SWDPROHIBIT
SUBJECT:
Conduct a Public Hearing and Adopt Ordinance Repealing Moratorium on Salt Water Disposal Wells and
Amending Section 15 -42, Paragraph 29, Chapter 15 of the City Code to Prohibit Salt Water Disposal Wells
(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council conduct a public hearing and, following the public hearing, adopt
the attached ordinance repealing the moratorium on salt water disposal wells and amending Section 15-
42, Paragraph 29, Chapter 15 of the City Code to prohibit salt water disposal wells within the City.
DISCUSSION:
On October 3, 2006, (M &C G- 15433) the City Council adopted Ordinance No. 17224 establishing a 60 day
moratorium on the acceptance of applications for salt water disposal wells. The moratorium has been
extended by City Council several times and remains in place until April 30, 2012, unless further extended.
The original purpose of the moratorium was to allow time to study the effects of salt water disposal wells
within the City limits and for Staff to prepare revisions to the Gas Drilling Ordinance regulating salt water
disposal wells.
On November 11, 2011, (M &C G- 17435) the City Council was asked to consider scheduling a public
hearing on a proposed ordinance which would provide regulations for the allowance of salt water disposal
wells within the City. However, the City Council denied such action and instead requested that Staff
conduct public meetings to allow those present to comment on whether the City should allow for salt water
disposal wells and associated issues, such as frac water recycling. Staff conducted a total of five public
meetings throughout the City on January 19, 2012, January 26, 2012, February 2, 2012, February 9, 2012
and February 23, 2012.
The public meetings allowed citizens an opportunity to give their input and voice their concerns after a
presentation made by Staff and a panel made up of representatives from the Fort Worth League of
Neighborhoods, Tarrant County League of Woman Voters, Hillwood Development Corporation and
Quicksilver Resources.
On April 3, 2012, the City Council conducted a public hearing during the City Council meeting on a
proposed ordinance which established certain criteria to allow for salt water disposal wells within the
City. In response to comments received at that public hearing and the City Council's subsequent
direction, a revised proposed ordinance is now being recommended for the City Council's consideration
which, if adopted, will prohibit all salt water disposal wells within the City limits. Adoption of this attached
ordinance will also repeal the current moratorium on salt water disposal wells.
FISCAL INFORMATION / CERTIFICATION:
Logname: 12SWDPROHIBIT Page I of 2
The Financial Management Services Director certifies that this action will have no material effect of City
Funds.
FUND CENTERS:
TO Fund /Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund /Account/Centers
Fernando Costa (6122)
Sarah Fullenwider (7606)
Randle Harwood (6101)
Christa Reynolds (8984)
Rick Trice (7959)
Logname: 12SWDPROHIBIT Page 2 of 2