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HomeMy WebLinkAboutOrdinances (O-06-1578)-07/18/2006ORDINANCE 0-06-1578 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3.1, OIL AND GAS WELL DRILLING AND PRODUCTION, OF THE LAND DEVELOPMENT CODE, REGARDING PERMIT FEES, INSPECTIONS AND WATER USAGE; AND AMENDING SECTION 2-26 OF THE CODE OF ORDINANCES OF THE CITY OF COLLEYVILLE, TEXAS REGARDING PERMIT FEES FOR OIL AND GAS DRILLING AND PRODUCTION; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND AUTHORIZING PUBLICATION WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-06-1569 on April 4, 2006, adopting Oil and Gas Drillinry Regulations; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to amend the oil and gas well drilling regulations to add regulations regarding permit fees, inspections and water usage; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to Zoning Ordinance Regulations, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all persons interested, and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 3.1 -Oil and Gas Well Drilling and Production, of the Land Development Code, is hereby amended to add the following Section 3.1 - 157 Permit Fees, which shall read as follows: 3.1 - 157 Permit Fees As a condition to the issuance of the gas or oil well drilling permit required by this Chapter of the Land Development Code, payment of the applicable permit fee shall be paid in full. Said permit fee shall be in accordance with the Schedule of Fees and Charges contained in Section 2.26 of the Colleyville Code of Ordinances. Sec. 2. THAT Chapter 3.1-Oil and Gas Well Drilling and Production, of the Land Development Code, is hereby amended to add the following Section 3.1 - Ordinance 0-06-1578 Page2of3 158 Inspections, which shall read as follows: 3.1 - 158 Inspections A. Inspections shall be performed by the Fire Marshal and Building Inspection Department staff or by an independent inspection consultant, as determined by the City Manager. The costs for retaining an independent inspection service shall be in addition to the permit fee and shall be billed on a monthly basis to the holder of the oil and gas well drilling permit. If payment is not received by the City within forty- five (45) days from the billing date, the drilling permit shall be revoked. B. The Fire Marshal and Building Official are hereby authorized to establish written inspection procedures to enforce the provisions of the oil and gas well drilling regulations contained in this Chapter. Sec. 3. THAT Chapter 3.1 -Oil and Gas Well Drilling and Production, of the Land Development Code, is hereby amended to add the following Section 3.1 - 159 Permit Fees, which shall read as follows: 3.1 -159 Water Usage A. The holder of an approved oil and gas well drilling permit may obtain water from the City of Colleyville through a temporary fire hydrant meter in accordance with the policies and procedures existing at the time the fire hydrant meter is obtained. B. When a water shortage has been declared, in accordance with the operating policies of the Colleyville Water and Sewer Manual, it shall be unlawful to use water from the Colleyville water system for oil and gas well drilling operations and production. C. The time of delivery of water for oil and gas well drilling operations and production shall be determined by the Director of Public Works. D. Unless otherwise approved as a provision of the Special Use Permit, no water well permit shall be approved for oil and gas well drilling. Sec. 4. THAT Section 2-26 entitled "Fees and charges for city services" of Chapter 2 of the Code of Ordinances of the City of Colleyville, Texas, paragraph (G) is hereby amended to add the following permit fee: Oil and Gas Drilling and Production permit ....... $ 2,500.00 Ordinance 0-06-1578 Page3of3 Sec. S. THAT Ordinance 0-06-1560 adopting the oil and gas well drilling regulations shall remain in effect, except where amended by this ordinance. Sec. 6. THAT any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT this ordinance shall take effect immediately from and after its passage. Sec. 9. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~_~day of 2006. The second reading and public hearing being conducted on the ~~ day of 2006. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney