O469NORDINANCE D CHAPTER DA B
(1991), AS AMENDED, BY AMENDING REGULATIONS GOVERNING OIL AND
GAS WELL DRILLING, OPERATIONS AND PRODUCTION; PROVIDING THAT
THIS ORDINANCE ATIVE OF ALL OR
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE, DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI', Section 5 of the Texas Constitution and Chapter
9 of the Local Government Code; and
WHEREAS, the City Council previously adopted regulations governing the exploration,
drilling and production of hydrocarbons within the City; and
WHEREAS, The City Council now desires to amend said regulations and to the extent
that this Ordinance governs any facility governed by the Pipeline Safety Act ( "PSK) it is
the Council's express intent that those regulations are only intended to govern
aesthetics; and
WHEREAS, public hearings were held by the Planning and Zoning Commission of the
City of Kennedale, Texas, on December 16, 2010, and by the City Council of the City of
Kennedale, Texas, on January 13, 2011, with respect to the amendments described
herein„ and
WHEREAS, all requirements of law dealing with notice and publication and all
procedural requirements have been complied with in accordance with the
Comprehensive Zoning Ordinance and Chapter 211 of the Local Government Code;
Section 17-426(c)(2) of the Kennedale City Code is hereby amended to read as
follows:
(c) Oil and gas well drilling and production by special exception.
The drilling and production of oil and gas within the corporate limits of the city shall be
permitted by special exception, which shall be subject to the following:
(2) No drilling, production, compressors, compressor station or gathering station
shall be permitted within the floodway or 500-year floodplain as defined by FEMA or
within six hundred (600) feet of any cultural, historic or archeological resources, or
groundwater recharge areas; or environmentally sensitive areas excluding floodplain
or floodways; or within six hundred (600) feet of any habitable structure or public
building, institution, park, school, or commercial building, for which a building permit
has been issued on or before the date the application for a drilling permit is filed with
the city; provided, however, that drilling shall be permitted as close as three hundred
(300) feet if all affected property owners agree in writing. The distance shall be
calculated from the well bore, in a straight line, without regard to intervening
structures or objects, to the primary structure of the protected' use or park boundary.
No dri'lli'ng, production, compressor, compressor station, or gathering station shall be
permitted within three hundred (300) feet of a neighboring property line unless all
affected property owners agree in writing. If eighty (80) percent of affected property
owners agree in writing to permit drilling as close as 300 feet or within 300 feet of a
neighboring property line, then the operator may apply to the Board of Adjustment
for a special exception from the requirement that all affected property owners must
agree in writing. When four (4) or fewer waivers are required, if all but one (1)
property owners agree in writing to permit drilling or production within the reduced
distance, then the operator may apply to the Board of Adjustment for a special
exception from the requirement that all affected property owners must agree in
writing.
No drilling or production site or compressor station shall be permitted within three
thousand five hundred (3,500) feet of an existing drill' site or compressor station,
except that existing pad sites may be expanded so that different operators may
share space at the same pad site ( "co- location "). Co-locations must have a common
drive, common sound walls, and commons screening.
�M
Section 17-426(d-1)(1)(h), is hereby amended to read as follows:
(d'-I) Oil and gas permit application,
(1) Applications for oil and gas well permits shall include the following:
(h) A copy of the application to the railroad commission for a permit to drill,
together with attachments and survey plats, which are applicable to the drill
and operation- sites. No drilling permits will be issued by the city until the
operator submits to the city copies of the appropriate permits to drill from the
railroad commission.
This ordinance shall be cumulative of all provisions of ordinances and the Code
of the City of Kennedale, Texas, except where the provisions of this ordinance are in
direct conflict with the provisions of such and Code, in which event the conflicting
provisions of such ordinances and Code are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if
any phrase, clause sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of'competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6.
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of the provisions of Chapter 17 of the Kennedale City Code (1991), as
amended, or any other ordinance or code provision affecting oil and gas exploration and
development, zoning and land use which have accrued at the time of the effective date
of this ordinance; and, as to such accrued violations and all pending litigation, both civil
and criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, penalty clause, publication
clause and effective date clause of this ordinance as provided by Section 3.10 the
Charter of the City of Kennedale.
SECTION 7.
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 no more than Two Thousand Dollars ($2,000.00) for all
violations involving zoning and Five Hundred Dollars ($500.00) for all other offenses,
and in addition shall pay all costs and expenses involved in the case. Each day that a
violation is permitted to exist shall constitute a separate offense. Nothing herein
contained shall prevent the City from taking such other lawful action as is necessary to
prevent or remedy any violation.
111 107, ";
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED THIS 6 DAY OF
2011. d
W7
Bryan Lankhorst, Mayor
Kelly �oqper, Interim City Secretary
S" 2
EFFECTIVE: javIuLn I -01�
Wayne Olson, City Attorney
INVOICE
Star - Telegram
Customer ID:
CIT33
400 W. 7TH STREET
Invoice Number:
313734001
FCRT WORTH, TX 76102
(817) 390 -7761
Invoice Date:
12/30/2010
Federal Tax ID 26- 2674582
Terms:
Net due in 21 days
1 Due Date:
12/31/2010
Bill To:
V °
* 'PO Number:
CITY OF KENNEDALE
405 MUNICIPAL DR
Order Number:
31373400
KENNEDALE, TX 76060 -2249
Sales Rep:
073
Description:
CITY OF KENNED
Publication Date:
12/30/2010
�� �6H�
Cot` De fhuaiapla
eTl
r atr�i+�lagll
sacatibn
Leg al o
CITY OF .PU I3580
��� - ��
1 41 41 LINE
$6.18 $253.46
CITY OF KENNEDALE
NOTICE
OF PUBLIC HEARING(5)
Mise Fee Notice is
hereby given to alt inter -
$ 10 . 00
ested`parties
that the City Council
of the City of Kennedale, Texas will
conduct public hearing(s) on
Thursday, January 13, 2011, at 7:00
PM in the Council Chambers of City'
Hari, ,located at 405 Municipal Dr.,
Kennedale. Tx. to receive public '
Net Am ou nt:
$263.46
THE ST. gbst 1260 Jesse B Renfro7Survey ■ease ®aes ®°
County ( (100 E Kennedale Pkwy) from "C2
General Commercial to "Cl" ! Re-
stricted Commercial. The zone
Before n change Js requested by Ainasir; County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star- Dhalla of Lanar Inc. All citizens are rele ram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and sa
encouraged to attend the hearings 9 tY 9 Y P y
that the to offer public comments or may lent was publis In the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
provide written comments to the A
( 817 21 ricer Carratnru'c (9frp_:405 Mu A r !`
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday,
Notary Publi(
Thank You For Your Payment V
INVOICE
Star- Telegram
Customer ID:
CIT33
400 W. 7TH STREET
Invoice Number:
313324281
FORT WORTH, TX 76102
Invoice Date:
12/1/2010
(817) 390 -7761
Federal Tax ID 26- 2674582
Terms:
Net due in 21 days
Due Date:
12/31/2010
Bill To:
PO Number:
CITY OF KENNEDALE
Order Number:
31332428
405 MUNICIPAL DR
KENNEDALE, TX 76060 -2249
Sales Rep:
073
Description:
Legal Notice Notice o
Pu Date:
'12
pp �y y
�N �
�yy
A �j?o4EF
i
p {.
C�W l
l'y
he R3tV 7 5
A✓�
e �i
l.�.L
LEGAL NOTICE
LegalNotil Notice of Pubic Hearing I3580
1 32 32 LINE
$6.22 $198.92
The Kennedate Planning & zoning
Commission Witt hold a public
hearing for the following cases on
Misc Fee Thursday, December 16, 2010 at ",
$10.00
7:00 P.M. in the City council
Chambers, located at 405 Municipal
Drive, Kennedale,, Texas 76060.
CASE 4 vPz, gi1 iF - -to receive com-
ments and consider action to amend
Chapter 17, Section 17- 426(c)(2) of
s q
� Net Amount:
$208.92
the Kennedale city code, by
amending regulations governing
distance between padsites and by
amending the requirements for
' AA11i a — —it anniiratrnnc
w
.sal9$t'lll�l /89,. -
THE STAi E vi i
County of Tarrant
Before me, a Notary Public in and for said County and State, this day personally appeared, Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was published i e above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 -2323
Signed
o6 � zcpk
__.
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Saturday, Decg1n ef/yt 1, 2010.
Notary Publi
Thank You For Your Payment