HomeMy WebLinkAboutOrdinance 21219-04-2014 ORDINANCE NO. 2121.9-04-2014
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF FORT WORTH (1986), AS AMENDED BY
AMENDING CHAPTER 15 "GAS", ARTICLE 11 "GAS WEI.J,
DRILLING AND PRODUCTION", SECTION 15-40 "PERIODIC
REPORTS" TO REQUIRE GAS WELL OPERATORS AND LINE
COMPRESSOR OPERATORS TO NOTIFY THE GAS
INSPECTOR OF ANY TRANSFER OF OPERATIONS, AND
AMENDING ARTICLE III "GAS DRILLING AND PRODUCTION
FEES", SECTION 15-51. "GAS WELL FEES" TO PROVIDE A FEE
FOR THE ANNUAL INSPECTION OF LINE COMPRESSOR
SITES; 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, currently the City Code, Chapter 15 "Gas" does not provide for
notification of a transfer of operations from one Operator to another to the gas inspector
which has made such situations onerous and difficutt to ensure compliance during and
after the transfer;
WHEREAS, on September 10, 2013, the City Council amended the City's Gas
Drilling regulations to allow natural gas Line compressors in industrial zoning by right
and establishing setbacks and a waiver process for natural gas Line compressors in all
other zoning districts and to clarify noise standards; and
WHEREAS, this ordinance provides notification and acceptance of any transfer
of operations from one Operator and/or Line compressor operator to another; and for a
Line Compressor Site inspection fee to insure compliance with the new regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
Part H of the Code of the City of Fort Worth, Texas (1986), as amended, Chapter 15,
"Gas", Article fl, "Gas Drilling and Production", Section 15-40, "Periodic Reports" is
hereby amended to add subsection (F) to read as follows:
GasFeeandTransfer Ordiriance No. 21219-04-2014
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(F) 8o Operator and/or u Line compressor operator shall notify the gas inspector of
any transfer of operations to a new Operator and/or Line compressor operator and
shall fi)eall necessary documentation with the gas inspector. The current Operator
and/or Line compressor operator ubn}\ comply with Chapter 15 of the City Code
for all sites onb] the gas inspector has received all ooueaxury documentation and
has issued vvdt1eo notice that such requirement has been satisfied, Any sureties
and other guarantees uooigocd to the City sbu\| not be nc}caood oodl the new
operator has sbovvo oorop)i000e with the City's requirements for gas drilling to the
gas inspector.
SECTION 2.
Part Oofthe Code of the City of Fort Worth, Texas (1986)` as amended, Chapter 15,
"Gas", Article 111, "Gas Well Drilling and Production Fees", Section 15-51, "Gas Well
fees" is hereby amended to provide for an annual inspection fee for Line compressor sites
to read as follows:
For services rendered, the following scbodo|c of fees and charges is hereby
adopted:
Gas We]| Pen-nit (per well) $3,000.00
Gas Well Permit requiring awaiver
granted hy City Council (in addition to
the Gas Well, Permit (per well) fee) $5.000-00
Amended Permit $540.00
Extended Permit $270.00
3opp|enueotu| PcooiL $180.00
Operator Transfer (per well site) $720.00
Seismic Site Inspection $360D0
Annual Fee (per well) $600.00
Compressor Facility (application)uppUco1ino) $500.00
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Line Compressor Site (annual fee) $500.00
City regulated pipeline
(per constructible S1500.00
Fresh Water Fracture Pond $500.00
SECTION 3.
That this ordinance okm]| be cumulative of all oUnz ordinances of the City of Fort
Worth and ubuU not repeal any of the provisions of such ordinances, except in those
instances `vbrro provisions of such ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 4.
That all rights or /coucdicu of the City of Fort Worth, Texas, are expressly saved
as to any and all violations of the City Code, or any anonodn000ts 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 ozcrinoinuL aunoo obaU not hcaffected by
this ordinance but may bc prosecuted until final disposition bv the courts.
SECTION 5'
Tba1 it is hereby declared to be the intention otthe City Council that the sections,
paragraphs, een1cnoco` clauses and pbzoare of this ordinance are acvccohie` and if any
phrase, o|uoae, sentence, paragraph or section of this ordinance shall be declared void,
ineffective orunconstitutional hy the valid judgment o/ decree of any court o[competent
jurisdiction, such voidness, ineffectiveness or unconstitutionality sboU not affect any of the
remaining phrases, o|uuxcs` scotcoocs` 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, paragrapli or section.
GouFoeuodTmnsfe,v2 Ordinance No.2l2)9'04'20\4
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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 (52000.00) 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.
SECTION 8.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
r
tart City Attorney- Ass.' y ay �1 Mary J. y„ er, C ity� ecretary
Adopted: April 22, 2014
Effective - m
f �
GasFeeandTransferv2 Ordinance No. 2 1219-04-2014
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/2212014 - Ordinance No. 21219-04-2014
.
DATE: Tuesday, April 22, 2014 REFERENCE NO.: C-26780
LOG NAME: 062040 ANNUAL INSPECTION LINE COMPRESSOR FEE
SUBJECT:
Adopt Ordinance Amending Chapter 15 Gas of the City Code, Article II, Section 15-40 Periodic Reports to
Require Notice of a Transfer by Gas Well Operators and Line Compressor Site Operators and Amending
Article III, Section 15-51 Gas Well Fees to Provide for an Annual Inspection Fee for Line Compressor Sites
(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 15 Gas of the
City Code, Article II, Section 15-40 Periodic Reports to require notice of a transfer by Gas well operators
and Line compressor site operators and amending Article III, Section 15-51 Gas Well Fees to provide for
an annual inspection fee for Line compressor sites.
DISCUSSION:
On September 10, 2013, Mayor and Council Communication (M&C G-17965-Revised) the City Council
amended City Code, Chapter 15 Gas to permit Line compressor sites in only "PD" Planned Development
zoning districts, "I" Light Industrial and X" Heavy Industrial zoning district, with minimum setbacks and to
provide for a permit process. In order to insure compliance with the new regulations, an annual inspection
of the Line compressor site may be warranted. Therefore, Staff recommends that an annual inspection
fee of$500.00 for each site be collected to recover the City's costs for the implementation of the new
regulations.
Staff also recommends that Chapter 15 be amended to also require notice of a transfer by a current
operator of a Gas well and/or Line compressor site. The current operator would remain responsible for
compliance with the City's gas drilling regulations until the gas inspector issues notice of an effective
transfer to the new operator.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that the Planning and Development Department will
be responsible for the collection and deposit of funds due to the City in the General Fund
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Rick Trice (7959)
Logname: 062040 ANNUAL INS�PECTION LINE COMPRESSOR FEE Page I of I