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HomeMy WebLinkAboutOrdinance 16153~ ~ ~~3 ORDINANCE NUMBER AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT WORTH, BY ADDING ARTICLE III TO CHAPTER 15, `GAS ENTITLED, `GAS DRILLING AND PRODUCTION FEES ESTABLISHING FEES FOR THE ISSUANCE OF GAS WELL PERMITS, TRANSFER OF OPERATORS, SITE INSPECTION AND ANNUAL WELL FEES, AMENDING SECTION 15-35, `GAS WELL PERMIT APPLICATION AND FILING FEES TO REVISE SUBSECTION B TO REFER TO THE FEES LISTED IN ARTICLE III, 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, WHEREAS, due to the increase in the number of applications for well permits and active wells in the City it is necessary to add fees to fund the ongoing program of permitting, inspection, maintenance, and research of gas wells m the city NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 The Code of Ordinances of Fort Worth, Texas is hereby amended by adding a new article, Article III, `Gas Well Dulling and Production Fees" to Chapter 15 `Gas" comprised of Section 15-49 to read as follows. Section 15-49 Gas Well Fees For services rendered, the adopted. New Gas Well Permit Amended Permit Extended Permit Supplemental Permit following schedule of fees and charges is hereby $1,500 00 $540 00 $270 00 $180 00 Operator Transfer $720 00 Seismic Site Inspection $360 00 Annual Fee (per well) $200 00 SECTION 2. The Code of Ordinances of Fort Worth, Texas is hereby amended by amending Section 15-35 `Gas Well Permit Application and Filing Fees" of Article II, `Gas Drilling and Production to delete the fee of $1,500 and add language refernng to the fees fisted m Section 15-49 `Gas Well Fees" of Article III, Chapter 15 `Gas" to read as follows. B Every application shall be accompanied by a permit fee as listed in Section 15-49 `Gas Well Fees" of Article III, Chapter 15 Any amendment, extension or supplement to the permit and any change in operator(s) shall be required to pay an additional fee as outlined in Section 15-49 The Operator shall be required to pay an annual inspection fee per well on or before the anmversary date of the issuance of the original gas well permit for that particular well as outlined m Section 15-49 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 in those instances where provisions of such ordinances are m direct conflict with the provisions of this ordinance. SECTION 3 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 maybe prosecuted until final disposition by the courts. SECTION 4. That rt 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 Crty 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, 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 6. That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this ordinance for two (2) days m the official newspaper of the City of Fort Worth, Texas, as authorized by V T C.A. Local Government Code Subsection 52.013 SECTION 7 This ordinance shall take effect upon adoption and publication as required by law APPROVED AS/ TO FORM AND LEGAL//ITY Adopted._ Effective: City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 10/5/2004 Ordinance No 16153 DATE Tuesday October 05 2004 LOG NAME 06GASWELLORD REFERENCE NO G-14527 SUBJECT Adoption of an Ordinance Establishing 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 adopt the attached ordinance Amending Chapter 15 of the City Code to add Article III establishing gas well permit and filing fees, and 2. Amending Section 15-35 of Chapter 15 to delete the fee of $1500 and add language referring to the fees listed in Section 15-49 "Gas Well Fees of Article III DISCUSSION Due to the increased number of applications for gas well drilling and production permits and the increased number of active gas well sites operating within the City it is necessary to establish a fee ordinance to fund the processes of issuing permits site inspections,. investigations and database maintenance Within the city limits there are 68 operator leases that are usually comprised of multiple pad sites having one to four gas wells permitted at each pad site location. There are 326 permitted gas wells approximately 150 producing gas wells and an additional 100 or more gas wells located in limited purpose annexation areas requiring a constant inspection program. This year at least 90 additional wells have been permitted By the year 2010 the city should expect to be monitoring over 1000 producing gas well sites Currently the city receives a single one-time payment of the new permit application fee The City staff time to review and issue additional permits, special site inspections and operator transfers is not charged The City has agas-drilling inspector responsible for processing new and amended gas well permits onsite inspections mitigation data management issues and public requests Adopting the Gas Well Permit Application and Filing Fees Ordinance will fund the various permit processes additional staff and equipment. The Code of Ordinances of Fort Worth Texas, Chapter 15 would be amended by adding Article III comprised of Section 15-49 to read as follows. SEC 15-49 Gas Well Fees For services rendered the following schedule of fees and charges is hereby adopted New Gas Well Permit Losnameā€¢ 06GASWELLOR.D $1 500 00 Pa ue 1 of ~ Amended Permit $540 00 Extended Permit $270 00 Supplemental Permit $180 00 Operator Transfer $720 00 Seismic Inspection $360 00 Annual Fee (per drilled well) $200 00 Section 15-35 of Chapter 15 will be amended to refer to the gas well fees listed in Article III FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City Funds. TO Fund/Account/Centers FROM Fund/AccountlCenters Submitted for City Manager's Office b~ Dale Fisseler (x6140) Originating Department Head. Bob Riley (x8901) Additional Information Contact: John Garfield (x8043) Logname. 06GASWELLORD PaOP 7 of 7