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Home My WebLink AboutOrdinance 19082-03-2010ORDINANCE NUMBER 19082-03-2010 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT WORTH, BY AMENDING SECTION 15-49 "GAS WELL FEES" OF ARTICLE III OF CHAPTER 15, "GAS", ENTITLED, "GAS DRILLING AND PRODUCTION FEES" RENUMBER THE SECTION TO SECTION 15-51, TO ADD A PERMIT FEE FOR A GAS WELL APPLICATION THAT REQUIRES A WAIVER GRANTED BY CITY COUNCIL, 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, m 2001 the City of Fort Worth adopted Ordinance Number 14880, regulating the drilling and production of gas within the city limits, and WHEREAS, On December 9, 2008, (M&C G-16391) and December 16, 2008, (M&C G-16407) City Council adopted Ordinance Numbers 18399-12-2008 and 18412- 12-2008 respectively providing additional regulations for review of compressor facilities, fresh water fracture ponds and City regulated pipelines, and WHEREAS, m order to improve the staff, industry and public's understanding and to facilitate the application of the gas drilling regulations, both ordinances, Ordinance Numbers 18399-12-2008 and 18412-12-2008, were combined into one ordinance on February 3, 2009 (M&C G-16439), and WHEREAS, the addition of new language m the ordinance changed the numbering of the sections in the previously adopted ordinances, including the numbering in Article III related to gas well fees, WHEREAS, due to the staff time required to process a permit for a gas well application that requires a waiver granted by City Council there is a need to offset the additional operating costs of the City's Gas Well Management Division and other City personnel including staff salaries, equipment and records management. 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 amending Section 15-49, "Gas Well Fees", of Article III, "Gas Well Drilling and Production Fees" of Chapter 15, "Gas", to renumber Section 15-49 to Section 15-51 and to add a new fee for a gas well application that requires a waiver granted by Crty Council to read as follows Section 15-51 Gas Well Fees For services rendered, the following schedule of fees and charges is hereby adopted. Gas Well Permit (per well) Gas Well Permit Reguinn~ a Waiver Granted by City $3,000 00 Council $5,000.00 (In addition to the Gas Well Permit ( er well,Zfee Amended Permit $540 00 Extended Permit $270 00 Supplemental Permit $180 00 Operator Transfer $720 00 Seismic Srte Inspection $360 00 Annual Fee (per well) $500 00 Compressor Facility $500 00 Crty Regulated Pipeline $1500 00 Fresh Water Fracture Pond" $500 00 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 nghts 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. 2 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 t ~unsdiction, 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, 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. 3 This ordinance shall take effect upon adoption and publication as required by law APPROVED AS TO FORM AND LEGALITY Assistant ity Attorney Adopted. March 23 2010 Effective. ~ ~~O f City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved:on 3/2:3/2010. -Ordinance N`o. 19082-03-2010 DATE. Tuesday, March 23, 2010 LOG NAME 06MULT1 WELL DRILLING FEE REFERENCE NO G-16874 SUBJECT - Adopt an Ordinance Amending Article III of Chapter 15 of the City Code to Amend the Gas Well and Associated Permit and Filing Fees to Add a Permit Fee in the Amount of $5,000 00 for a Gas Well Application that Requires a Waiver Granted by City Council RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending Article III of Chapter 15 of the City Code to amend the gas well and associated permit and filing fees to add a permit fee for a Gas Weli Application that requires a waiver granted by the City Council DISCUSSION On September 26, 2006, (M&C G-15419) the City Council authorized the increase 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 `On December 9, 2008, (M&C G-16391) and December 16, 2008, (M&C G-16407) the City Council adopted Ordinance Nos 18399 and 18412, respectively The ordinances provided additional regulations for review of compressor facilities, fresh water fracture ponds and City regulated pipelines. The two ordinances were consolidated into one on February 3, 2009 (M&C G-16439) On February 10, 2009, (M&C G-16460) the City Council amended the permit fees to clarify that Gas Well Permits were on a per well basis and add fees for Compressor Facilities, City Regulated Pipelines and Fresh Water Fracture Ponds. Due to the staff time involved when a pubic hearing is required, City staff recommends that a permit fee of $5,000 00 be added for an application that requires a waiver by the City Council The fee would be paid for each permit application requiring a waiver by the City Council and would be in addition to the existing $3,000 00 Gas Well Permit Fee The proposed fee will offset the additional operating costs of the City's Gas Well Management Division and other City personnel including staff salaries, equipment and records management required to process a Gas Well Hearing by City Council FISCAL INFORMATION /CERTIFICATION The Financial Management Services Director certifies that this action will have no material effect on City funds. Logname. 06MULTI WELL DRILLING FEE Page 1 of 2 FUND CENTERS TO Fund/Account/Centers CERTIFICATIONS Submitted for City Manager's Office b~ Originating Department Head. Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (6122) Susan Alanis (8180) Rick Trice (7959) Logname: 06MULTI WELL DRILLING FEE Page 2 of 2