2013-352sAlegal\ our documents \ordinances \13\dcal3- 0003.doc
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SUBCHAPTER 22 OF
THE DENTON DEVELOPMENT CODE,PERTAINING TO CERTAIN DEFINITIONS AND
TO THE SEQUENCE OF PERMITS NECESSARY FOR CONSTRUCTION, DRILLING;
AND PRODUCTION ACTIVITIES; PROVIDING A CUMULATIVE CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND AN EFFECTIVE
DATE (DCA13- 0003).
WHEREAS, the City of Denton, Texas 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 accordingly enjoys broad powers of self governance; and
WHEREAS, the authority of a home rule city to regulate the exploration and production
of natural gas within its city limits and extraterritorially, as herein provided, is legislatively
recognized, inter alia, at Section 92.007 of the Texas Natural Resources Code; Chapter 54, 211,
212, 217, and 551 of the Texas Local Government Code; Chapter 26 of the Texas Water Code;
Chapter 382 of the Texas Health and Safety Code; and numerous other legislative and
Constitutional provisions of the State of Texas; and
WHEREAS, the City Council, pursuant to Ordinance No. 2002 -040 adopted the Denton
Development Code (the "Development Code ") wherein contained is the City's gas well drilling
and production regulations, Subchapter 22, attendant with applicable procedures and definitions
in Subchapters 3 and 23; and
WHEREAS, the City amended Ordinance No. 2002 -040 pursuant to Ordinance No.
2013 -013 to further address gas well drilling concerns within the City of Denton; and
WHEREAS, it has come to the attention of the City Council that the City's current
policies for defining and issuing gas well permits in accordance with Development Code
Subchapter 22 require clarification; and
WHEREAS, on October 29, 2013, the City Council amended 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; and
WHEREAS, the revised definition of Gas Well Permit in Development Code Subchapter
22 clarifies the identity of the entity responsible for reviewing, approving, and issuing gas well
permits as the City's Planning and Development Department; and
WHEREAS, the revised definition of Gas Well Permit in Development Code Subchapter
22 clarifies the list of specific authorized drilling and production activities upon the issuance of a
Gas Well Permit, as set forth in various sections of Subchapter 22; and
• +�
WHEREAS, the amendment to Development Code Section 35.22.4.A by adding a
number 5 to read: Approval of a Fire Code operational permit, is consistent with the October 29,
2013 amendments to Chapter 29 of the Code of the City of Denton, Texas and clarifies the City's
current practice of reviewing, approving, and issuing gas well permits; and
WHEREAS, after providing notice and after conducting a public hearing on November
20, 2013 as required by law, the City Council finds that the subject changes to Subchapter 22 of
the Development Code are consistent with the Comprehensive Plan and are in the public interest;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
S ECTI ON 1. All of the above recitals, including the findings made therein, are hereby
found to be true and correct factual and legislative determined of the City of Denton, Texas and
are hereby approved and incorporated by reference as though fully set forth herein.
SECTION 2. Subchapter 22 of the Denton Development Code ( "Gas Well Drilling and
Production ") is amended to incorporate the specific changes as identified in Exhibit 1, which is
attached and incorporated fully herein by reference.
SECTION 3. All ordinances in conflict herewith, are amended and superseded to the
limited extent of such conflict, and all remaining sections and provisions of such ordinances, not
in direct conflict herewith, are herby made cumulative.
SECTION 4. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 6. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record - Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
s:\Iegal\ourdocuments\ordinances\13\dcal3-0003.doc
PASSED AND APPROVED at the City Council meeting posted and commenced on the
�..... day of,. � 2013,
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MAID k BUR'k(�JXJIIS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
AP ZOVE1) AS TO LEGAL FORM:
ANITA BURGESS, CITY
ATTORNEY
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sAlegalkour documents \ordinances \] 3 \dcal3- 0003. doe
Exhibit 1
1. Section 35.22.2 of the DDC is amended to revise the definition of Gas Well Permit as
follows:
— CURRENT: Gas Well Permit. Any written license granted by the City of
Denton for the exploration, drilling, development, production, and operation
of natural gas, issued pursuant to rules and regulations of this Subchapter. A
Gas Well Permit is required for each well.
— NEW: Gas Well Permit. Any written license granted by the Department for
constructing the site; drilling, hydraulic fracturing; completion, production,
and re- working activities; maintenance and repairs; site closure; well plugging
and abandonment; and associated activities related to production, issued
pursuant to rules and regulations of this Subchapter. A Gas Well Permit is
required for each well.
2. Section 35.22.4 (Required Authorization for Gas Well Drilling and Production in City
Limits) Paragraph A, shall be amended by adding a number 5, to read:
— 5. Approval of a Fire Code operational permit.