HomeMy WebLinkAboutOctober 29, 2013 AgendaAGENDA
CITY OF DENTON CITY COUNCIL
October 29, 2013
After determining in Special Called Open Session that a quorum is present, the City Council of
the City of Denton, Texas will convene in a Special Called Closed Meeting on Tuesday, October
29, 2013 at 4:00 p.m. in the Council Work Session Room, 215 E. McKinney Street, Denton,
Texas at which the following item will be considered:
1. Closed Meeting
A. Consultation with Attorney - Under Texas Government Code Section 551.071.
1. Consult with and provide direction to City's attorneys regarding legal
issues and strategies associated with Gas Well Ordinance regulations and
Fire Code regulations relating to gas well drilling and production and
safety issues regarding gas well drilling and production within the City
Limits and the extraterritorial jurisdiction, including Constitutional
limitations, statutory limitations upon municipal regulatory authority,
statutory preemption and /or impacts of federal and state law and
regulations as it concerns municipal regulatory authority and matters
relating to enforcement.
Following the completion of the Special Called Closed Meeting, the City Council will convene
in a Special Called Session to consider the following:
1. Consider adoption of an ordinance of the City of Denton, Texas amending Chapter 29 of
the Code of the City of Denton, Texas, regarding the adoption of the International Fire
Code, 2009 edition, by adding Subsection 105.6.47 and Subsection 34063.9, relating to
permits for drilling and operating gas wells; providing for severability; and providing for
an effective date.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of 2013 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON COUNCIL WORK SESSION ROOM IS
ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT.
THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING
IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED
MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349 -8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800 -
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
sAlegal\our documents\misce11aneous \13 \ais in code amendment.doc
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT: Legal Department
CM /DCM /ACM: Anita Burgess, City Attorney
SUBJECT: Consider adoption of an ordinance of the City of Denton, Texas amending Chapter
29 of the Code of the City of Denton, Texas, regarding the adoption of the International Fire
Code, 2009 edition, by adding Subsection 105.6.47 and Subsection 3406.3.9, relating to permits
for drilling and operating gas wells; providing for severability; and providing for an effective
date.
BACKGROUND: These amendments are proffered for the purpose of clarifying that gas well
drilling permits have been and are intended to be issued by the Gas Well Drilling Division
whereas the Fire Department issues fire safety permits associated with gas well operations.
OPTIONS: Approve, deny, or postpone the action.
RECOMMENDATION: Staff recommends approval of this Ordinance.
z —
Ross Chadwic
sAlegal \our documents\ ordinances \13 \ifc amendments.doc
ORDINANCE NO.
ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING
CHAPTER 29 OF THE CODE OF THE CITY OF DENTON, TEXAS, REGARDING THE
ADOPTION OF THE INTERNATIONAL FIRE CODE, 2009 EDITION, BY ADDING
SUBSECTION 105.6.47 AND SUBSECTION 3406.3.9, RELATING TO PERMITS FOR
DRILLING AND OPERATING GAS WELLS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No
Denton adopted the International Fire Code,
thereto; and
2012 -228 ( "Original Ordinance "), the City of
2009 Edition, providing certain amendments
WHEREAS, the City Council amended the City of Denton Development Code,
Subchapter 22 — Gas Well Drilling and Production on July 21, 2010, on August 17, 2010, and on
January 15, 2013, intending that authority to drill gas wells within the corporate limits of the City
of Denton be issued only by the Gas Well Division and further that such drilling permits be
issued only by the Gas Well Division, while fire safety permits associated with gas well
operations be issued by the City of Denton Fire Department; and
WHEREAS, certain amendments to the Original Ordinance are advisable to remove the
lack of certainty regarding their application and the breath of authority granted by the fire safety
permits issued by the Fire Department in connection with gas well operations; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The preamble and recitations to this ordinance are hereby adopted as
express findings of the City Council and are incorporated herein for all purposes.
SECTION 2. Subsection 105.6.47 and subsection 3406.3.9 are added by amending
Chapter 29 of the Code of Ordinances, Denton, Texas, as follows:
"Subsection 105.6.47: added to read as follows:
Subsection 105.6.47 Gas and Oil Wells. An operational permit is required to
operate gas and oil wells in the incorporated city limits of Denton following the issuance of a gas
well permit by the City of Denton in accordance and compliance with all ordinances of the City
of Denton, Texas, including without limitation, Subchapter 22 of the Denton Development Code
of the City of Denton, Texas.
"Subsection 3406.3.9: added to read as follows:
Subsection 3406.3.9 Permit required. An operational permit is required prior to
drilling and operating a gas well. An operational permit related to a gas well
located within the corporate limits of the City of Denton shall not be issued unless
and until a gas well permit has been issued in accordance and compliance with all
ordinances of the City of Denton, Texas, including without limitation, Subchapter
22 of the Denton Development Code of the City of Denton, Texas.
SECTION 3. Except as expressly amended by this ordinance, Ordinance No. 2012 -228
shall remain valid and subsisting as originally provided.
SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application thereof to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
N
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: 1.
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MARK A. BURROUGHS, MAYOR
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