HomeMy WebLinkAboutOrdinance 19022-02-2010ORDINANCE NUMBER 19022-02 2010
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF FORT WORTH, BY AMENDING ARTICLE II OF
CHAPTER 15, "GAS" ENTITLED, "GAS DRILLING AND
PRODUCTION," REGULATING THE DRILLING AND
PRODUCTION OF GAS WELLS WITHIN THE CITY TO AMEND
SUBSECTION 17 OF SECTION 15-42, "TECHNICAL
REGULATIONS" TO PERMIT FRESHWATER FRACTURE
PONDS IN DESIGNATED FEMA FLOODPLAIN5 OR
FLOODWAYS BUT PROHIBIT FRESHWATER FRACTURE
PONDS IN EXISTING OR FUTURE RIGHTS-OF WAY,
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
WHEREAS, on December 11 2001 the City Council adopted Ordinance
Number 14880 regulating gas dulling within the city limits of Fort Worth, and
WHEREAS, m 2006 the City Council appointed a task force composed of gas
industry developers and neighborhood representatives to study revisions to the Gas
Dnllmg Ordinance that would improve the quality of life for those citizens working and
hvmg near the drilling sites, and
WHEREAS, m June of 2006 the City Council amended the Gas Dnllmg
Ordinance for the dolling, production and re-drilling of gas so that these activities maybe
conducted in a manner that protects the public health and welfare of the citizens of Fort
Worth, conforms with established codes and regulations while minimizing the potential
impact to surface property and of mineral nghts owners, 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 will
improve the quality of life while allowing the continued access to the minerals, and
WHEREAS, in December 2008, the City Council adopted Ordinance Numbers
18399-12 2008 and 18412 12 2008 amending the Gas Drilling Ordinance to include
revisions for new environmental provisions to reduce emissions from wells and trucks,
new salt water piping standards, noise management plans, compressor setback and noise
standards, pipeline routes, the creation of a gas drilling review committee; the
establishment of landscaping deadlines, the creation of permitting and regulations for
fracture ponds and a requirement for surface reclamation plans, and
WHEREAS, the regulations adopted m 2008 did not allow fresh water fracture
ponds m FEMA designated floodplams or floodways, and
WHEREAS, rt is advisable to amend the existing gas dnllmg regulations to allow
fresh water fracture ponds m FEMA designated floodplams or floodways provided a
floodplam development permit is obtained from Transportation and Public Works but to
prohibit freshwater fracture ponds m existing or future rights-of ways as shown on the
City's Master Thoroughfare Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS
SECTION 1.
Subsection 17 `Fresh Water Fracture Ponds" of Section 15-42, `Technical
Regulations" is hereby amended to permit fracture ponds m FEMA floodplam or
floodway provided a floodplam development permit is obtained from the Transportation
and Public Works Department and prohibit freshwater fracture ponds in existing or future
rights-of way unless to read as follows
c No Fresh Water Fracture Pond may be placed in any City
recognized drainage way or FEMA floodplam or floodway without a
floodplam development permit from the Transportation and Public Works
Department. Fresh Water Fracture Pond shall not be placed in existing or
future rights-of way as shown on the City's Master Thoroughfare Plan.
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SECTION 2.
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 may be 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 City Council without the incorporation herein
of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or
section.
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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 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 7
This ordinance shall take effect after adoption and publication as required by law
APPROVED AS TO FORM AND LEGALITY
Assista City Attorney
Adopted. Februar 2 2010
Effective• ~(
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved an 2/2/2010 -,:Ord. No. 19022-02-2010
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DATE Tuesday February 02 2010 REFERENCE NO G-16833
LOG NAME 06GAS DRILLING FRAC PONDS
SUBJECT
Adopt Ordinance Amending Chapter 15 Article 11 -Gas Drilling and Production to Regulate Fresh Water
Fracture Ponds in Floodplains and Future Rights-of Way
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending Chapter 15 Article II -
Gas Drilling and Production to allow fresh water fracture ponds within designated floodplains and prohibit
fresh water fracture ponds in future rights-of-way
DISCUSSION
Chapter 15 Article II of the City Code as amended in February of 2009 regulates gas drilling in Fort
Worth
Currently the gas drilling ordinance does not allow fracture ponds within designated floodplains. The
proposed amendment will allow fresh water fracture ponds within a 100-year floodplain provided that a
Floodplain Development Permit is obtained from the Transportation and Public Works Department and
that all other State and Federal requirements are met.
The current gas drilling ordinance also restricts them from existing rights-of-way The amendment will add
future rights-of-way to the restrictions.
The proposed amendment has been reviewed by the Environmental Management Department and the
Floodplain section in the Transportation and Public Works Department.
This amendment provides greater flexibility by allowing fresh water fracture ponds in areas that are
otherwise difficult to develop and therefore resulting in less impact to developable areas of the City
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS
TO Fund/AccountlCenters
FROM Fund/Account/Centers
CERTIFICATIONS
Submitted for City Manager's Office bv.
Originating Department Head.
Logname 06GAS DRILLING FRAC PONDS
Fernando Costa (6122)
Susan Alanis (8180)
Page 1 of 2
Additional Information Contact: Rick Trice (7959)
Logname 06GAS DRILLING FRAC PONDS Page 2 of 2