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HomeMy WebLinkAboutOrdinance 17206-09-2006ORDINANCE NUMBER: 17206-09-2006 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT WORTH, BY AMENDING SECTION 14-49 "GAS WELL FEES" OF ARTICLE III OF CHAPTER 1S, "GAS", ENTITLED, "GAS DRILLING AND PRODUCTION FEES" TO INCREASE THE FEES FOR NEW GAS WELL PERMITS AND THE ANNUAL FEES PER WELL; 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 NAMING AN EFFECTIVE DATE. WHEREAS, in 2001 the City of Fort Worth adopted Ordinance Number 14880, regulating the drilling and production of gas within the city limits; and WHEREAS, since 2001 over five hundred permits knave been issued for drilling and production of gas within the city limits; and WHEREAS, in the past five years, gas drilling and production has moved from sparsely populated areas in the northern part of the City to more densely urbanized areas in the southern, western and eastern portions of the City; and WHEREAS, the City Council appointed a task force composed of gas industry, developers and neighborhood representatives to study revisions fo the gas drilling ordinance that would improve the quality of life for those citizens working and Living near the drilling sites; and WHEREAS, floe task force recommended revisions to the gas drilling ordinance and an increase in number of gas inspectors and permit fees to cover the increased inspections due to the revised regulations; and WHEREAS, the City Council finds that the regulation of the development of gas and other hydrocarbon substances within and under the City is necessary in order to protect the surface property rights, to protect the owners of mineral rights and to provide for the orderly exploration, development, and production of gas; and WHEREAS, due to the increase in the number of applications for well permits and active wells in the City, it is necessary to increase the fees to fated the ongoing program of permitting, inspection, maintenance, and research of gas wells in the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CI'I"Y OF FORT WORTH, TEXAS: SEC'T'ION 1. The Cade of Ordinances of Fort Worth, Texas is hereby amended by amending Section 15-49, "Gas Well Fees", of Article III, "Gas Well Drilling and Production Fees" of Chapter 1 S, "Gas", by increasing the amount of the new gas well permits from $I,SDD.00 to $3,DOO.DD and the annual fee (per well) from $200.00 to $500.00, to read as (allows: Section 14-49 Gas Well Fees Fox services rendered, the fallowing schedule of fees and charges is hereby adopted; New Gas Well Permit $3 000.00 Amended Permit $ 540.00 Extended Permit $ 270.00 Supplemental Permit $ 180.00 Operatox Txansfer $ 720.00 Seismic Site Inspection $ 3&0.00 Annual Fee (per well} $ 500.00 SEC'T'ION 2. That this ordinance shall be cumulative of all other ordinances of the City of Fart Worth and shall not repeal any of the provisions of such ordinances, except in those instances where provisions of such ordinances are in direct conflict with the provisions of this axdinance. SECTION 3. That all rights ar remedies of the City of Fort Worih, 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 2 violations, and all pending litigation, both civil or criminal, same shall not be affected by this ordinance but maybe prosecuted until final disposition by the courts. SECTION 4. 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 ar 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 5. That any person, firm or corporation who violates, disobeys, ozx~its, 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) far each offense. Each day that a violation exists shall constitute a separate offense. SECTION G. That the City Secretary of the City of Fart 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 Cade Subsection 52.013. 3 SECTION 7. This ordinance shall take effect upon adoption and Publication as required by law. APPROVED AS TO FORM AND LEGALITY: Assistant Ci y Attorney Effective: 4 ®i~ ~f F® VV®r~h, T°e~ra~ Mayor and Council Communication COUNCIL ACTION: Approved vn 9/26/2006 -Ordinance No. 171206-09-2006 DATE: Tuesday, September 21a, 20p6 LOG NAME. 06GASWELL FEE REFERENCE NO.: G-15419 SUBJECT: Adoption of an Ordinance Amending Gas Well Permit and Filing Fees to Fund the Ongoing Program of Permitting, Inspection, Maintenance and Research of Gas Wells within the City Limits RECOMMENDATioN: It is recommended that the City Council: 1. Adopt the attached ordinance amending Chapter '15 of the City Code, Article Ill to increase the New Gas Well Permit fee to $3,000 and Annual Gas Well fee to $500; and 2. Establish the effective date of this ordinance as of October 'I, 2006. ©ISCUSSION: On October 5, 2004, {M&C G-14527) the City Council authorized the creation of gas well permit and filing fees. The purpose was to fund staff to address the significant increase in the number of permitted and producing gas wells in the City of Fort Worth. In the spring of 2006, following the recommendations of the Gas Well Taslc Force, additional staff was added to ensure that the ordinance would be enforced with the growing workload. At the time, staff indicated that we would return at a later date to recommend appropriate fees to recover the costs of the entire operating unit. City staff recommends that the new Gas Well Permit fee be increased from $~ 500 to $3000. In addition, the Annual Gas Well fee is recommended to increase from $200 to $500. This will cover the operating casts of the unit to include equipment, .records management, and inspector time and attention. It will also ensure that sufficient resources are available to research and respond to complaints. The Gas Drilling Task Force was supportive of a fee increase in order to adequately support this effort. It is anticipated that the proposed adjustments will generate approximately $264,511 in additional revenue. FISCAL INFORMATIONICERTI~'ICATION: The Finance Director certifies that the Development Department is responsible for collection of this revenue. TO FundlAccountlCenters FROM FundlAccountlCenters Submitted for Cit Mana er's Office b Dafe Fisseler {6140) Origi~ating Departrent Head: Bob Riley {8901) Additional Information Contact: Susan Alanis {8180) Lognazxre: ObGASWELL FEE Page 1 of 1