2005-223• S:\Our Documents\Ordinances\05\DCA05-0006.doc
ORDINANCE NO. 20j~,5-- 223
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTER 16 (SUBDIVISIONS) AND SUBCHAPTER 22 (GAS WELL DRILLING
AND PRODUCTION) OF THE DENTON DEVELOPMENT CODE; PROVIDING FOR A
PENALTY CLAUSE WITH A MAXIMUM FINE OF $2000.00 PER DAY FOR A
VIOLATION THEREOF; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE.
(DCA05-0006)
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, after conducting a public hearing as required by law, the Planning and
Zoning Commission has recommended certain changes to Subchapters 16 and 22; and
WHEREAS, after conducting a public hearing as required by law, the City Council finds
that the subject changes to 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
SECTION 1. Subchapters 16 and 22 of the Development Code are hereby amended in
part as particularly described in Exhibit "A" attached hereto and made a part hereof by reference.
All other provisions of Subchapters 16 and 22 not inconsistent with this amendment shall remain
in full force and effect.
SECTION 2. 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 3. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application there of 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 City Council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite any such invalidity.
SECTION 4. 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:AOur DocumentsVOrdinancesV05VDCA05-0006.doe
PASSED AND APPROVED this the l fl day of~ 2005
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
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S:\Our Documents\Ordinances\05\DCA05-0006.doc
EXHIBIT "A"
Sub-chapter 16 is amended as follows:
Section 35.16.19.D.6. No Gas Well Development Plat shall be approved until the applicant has
entered into a Road Damage Remediation Agreement with the City in substantially the same
form as the agreement on file in the City's Planning and Development Department, and has paid
all Road Damage Remediation Fees provided for in the agreement based on the Road Damage
Remediation Calculations set forth in Exhibit A to the agreement. Prior to the app-OvAl e f "as
u~^tt n,.. ^tv^~m^pmen^t Plat or oes ;rt2:. Ps;:~:t, r Read o op....:ai" n AgFeemmment that will o.,,^.,t tb..ac t ...1 ebliga4e ti,t'^,.t^ operat te
ax
Well poym
„`tofu., to ente- into the Read Repair n ^"^onient A Read Repair n greement or Road Damage
Remediation Agreement is not required if access to the well site is through an entranee- R__9_ a
Statey- adways not maintained by the City.
Sub-chapter 22 is amended as follows:
Section 35.22.3. is amended as follows:
35.22.3.A.2. An approved Gas Well Development Plat and a Read Repair greemeat Road
Damage Remediation Agreement are on file with the Director.
Section 35.22.7 is amended as follows:
35.22.7.D.4. Road Maintenance Agreement or Road Damage Remediation Agreement unless
already provided.
Section 35.22.10 is amended as follows
35.22.10.D. The Fire Marshal may condition the release of the approved Gas Well Plat upon
the operator providing the security required by Subsection 35.22.9 and upon the
operator entering into a Read Repair n gFft ffief.t or Road Damage Remediation
Agreement that will obligate the operator to repair damage excluding ordinary
wear and tear, if any, or to public streets, including but not limited to, bridges
caused by the operator or by the operator's employees, agents, contractors,
subcontractors or representatives in the performance of any activity authorized by
or contemplated by the approved Gas Well Permit.
Section 35.22.12 is amended as follows:
35.22.12 A. Any person who intends to re-work a well using a drilling rig, to fracture
stimulate a well after initial completion or to conduct seismic exploration
involving explosive charges shall give written notice to the City at least 10 days
before the activities begin. Road Damage Remediation Fees shall be paid to the
City and submitted with the Notice of Activities.
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