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WS Item 4 Summary of ChangesPage 1 Ordinance 880 -A: Summary of Changes .9-06-11 Section Change EF Justification � Sec. 9.5 -223. Variance procedure. The variance shall be placed on the City Council agenda for consideration within 45 days after the CC directive to revise language, Page 9 administrator issues a written determination that the variance request is administratively complete. eliminating "deemed approved" a. Any aggrieved person who believes that an action taken pursuant to this Article by the City Council or any officer or employee of the City Nould legally constitute a taking of property without just compensation under the Texas or United States Constitution, must file an application with the City Council to request a takings determination. b. The applicant seeking a takings determination from the Council shall file its appeal application with the office of the City Secretary. The City Secretary shall then forward the takings determination application to the City Council for consideration. An application fee in the amount set forth in the City's fee schedule shall accompany each filing. c. The application shall state the reasons the applicant believes would support a finding that the City's application of the provisions of this Article to the applicant's property would legally constitute a taking under 2a Sec. 9.5 -225. Takings Determination. the Texas or United States Constitution and shall include evidence substantiating the purported diminution in City Attorney to discuss Page 11 value of the applicant's property. d. At the takings determination hearing conducted by the City Council, the applicant must present detailed economic information and other evidence necessary to establish that the City's application of the provisions of this Article to the applicants property would legally constitute a taking of the property without just compensation. The applicant has the burden of proof in establishing that the City's application of the provisions of this Article to the applicants property legally constitutes a taking of property without just compensation under the Texas or United States Constitution. e. The City Council may administer oaths, compel the attendance of witnesses and require the disclosure of financial information from the applicant that the City Council determines is necessary to make a determination regarding whether the City's application of the provisions of this Article to the applicants property legally constitutes a taking of property without just compensation under the Texas or United States Constitution. Page 1 Page 2 Section Change Justification f. If the Council finds in favor of the applicant it may: (1) grant the relief requested, (2) direct the City Manager to rescind action taken by City staff that formed the basis of the takings determination application, or (3) direct the City Manager to reconsider action taken by City staff that formed the basis of the takings determination application. If the Council denies the application, or after a favorable determination the City Council fails to take action as specified above, the applicant may appeal the decision or inaction of the City Council to the county or district court of the county in which the affected real property is located within 30 days of the date that the Council issues its final decision. 2b Sec. 9.5 -225. Takings Determination. Page 11 - Continued g . In order to find in favor of the applicant, pursuant to subsection f of this section the affirmative vote of a g pp ' p () City Attorn to discuss y y majority of the members of the city council then present is required; provided, however, if the action complained of relates to a drill site for which a three - fourths vote of all members of the city council was required pursuant to the provisions of Section 45 of the zoning ordinance, the affirmative vote of three - fourths of all members of the city council, whether present or not, is required in order to find in favor of the applicant. h. An application filed pursuant to this section 9.5 -225 may only seek a takings determination regarding the application of this Article by the City Council or any officer or employee of the City, occurring on or after October 1, 2011. b. Effective means to notify and communicate required and pertinent information to local fire, 3 Sec. 9.5 -234. Application and review of police, and public officials during an emergency, including a detailed plan that should address CC directive to expand notification well permit. Page 17 contacting city officials responsible for implementing city policy regarding notification and requirements for emergency evacuation evacuation of residents, where necessary; 4 Sec. 9.5 -234. Application and review of i. An annual certification and update of the emergency response plan shall be performed in CC directive to ensure emergency well permit. Page 17 accordance with Section 9.5 -242 (r) of this Article. response plan remains current A screening, fencing and landscape plan detailing compliance with all landscape and screening Sec. 9.5 -234. Application and review of requirements required by city ordinance, including a proposed schedule detailing the timing of all CC directive to include timing for 5 well permit. Page 18 landscaping, screening nd fencing to be installed or, if a specific use permit has already een g g p p y installation approved for the drill or operation site, a copy of the screening, fencing and landscape plan previously approved; and Page 2 Page 3 Section Change Justification A detailed evacuation plan addressing the evacuation strategy for a public or private school, hospital, assisted living and /or nursing care facility or daycare facility if any such facility will be located within one -half (1/2) mile of the edge of the proposed drill site; and, a detailed list of all CC directive to increase distance Sec. 9.5 -234. Application and review of persons to be notified in the event of an evacuation, including, without limitation, all persons requirements for evacuation plan, as well 6 well permit. Pa es 18 & 19 p g residing within one -half ( 1/2 ) ( ) g proposed p mile 2 640 feet of the edge of the drill site or, if a specific as adding requirement for methods g re q use permit has already been approved for the drill site, a copy of the evacuation plan previously proposed roved. The Ian should address the methods that the operator will employ to noti the Ci in a approved. p p p Y Y Y timely manner that an event requiring evacuation has occurred, as well as the methods that will be employed to maintain a current, up -to -date, notification list; and A cement casing program. The program must demonstrate adherence to all Railroad Commission Sec. 9.5 -234. Application and review of regulations and Section 9.5- 245(x) of this Article; include a proposed schedule of work, a summary CC directive to enhance the requirements 7 well permit. Page 19 of other best management practices that the operator will employ, coordinate the on -site inspection for a cement casing program of casing nstallation b the Inspector, and authorize access to all relevant operator-maintained g Y p p reports. A site lighting plan designed to promote the safety of nighttime operations that complies with the 8 Sec. 9.5 -234. Application and review of City's Lighting Ordinance. The plan should include a photometric plan, indicating the type and color Staff added lighting plan to application well permit. Page 20 of light(s) to be used and demonstrate compliance with all Federal Aviation Administration requirements requirements. Page 3 Page 4 Section Change Justification CC directive to limit distance Sec. 9.5 -242. On -site operation It shall be unlawful to drill a well, or to re- drill, deepen, re- enter, activate or convert any abandoned requirements from a property line to 9 requirements. Pa 29 Page q g g an well the center of which at the surface of the round is located within 1 000 feet from y occup public or private schools. All p p p � habitable structure, or from the property line of any occupied public or private school. other occupied structures will fall into the "habitable" category). Blowout prevention. In all cases, the operator shall install and utilize blowout prevention equipment such as a downhole preventer valve and a blind shear ram on all wells being drilled, re- worked, worked -over or in which tubing is being changed. Protection shall be provided to prevent blowout and /or loss of well control during oil and /or gas operations as required by and in conformance with the requirements of the railroad commission and the recommendations of the American Petroleum Sec. 9.5 -242. On -site operation Institute. The operator must equip all drilling wells with adequate blowout preventers, flow lines and CC directive to include additional safety 10 requirements. Page 31 valves commensurate with the working p ressures involved as required b the railroad commission. g p q y requirements. A blind /shear ram shall be used as part of the blowout preventer stack. Well control surface equipment shall be inspected after rig up to ensure function and appropriate application for the well parameters. Upon completion of the well the operator shall run a seating nipple in the tubing string to accommodate the installation of a subsurface safety shut off valve. The subsurface safety shut off valve shall be installed if producing conditions necessitate the use of the device for the safe operation of the well. Sec. 9.5 -242. On -site operation p The operator shall maintain continuous video data for a period of at least 672 hours. At the request CC directive to require security cameras 11 requirements. Page 39 of the city, the operator shall produce to the city any recorded views of the fenced area. Data from to run continuous video data for at least videos ma y y a y on be r b the administrator or law enforcement officials. 672 hours. Surface casing. An operator must set and cement sufficient surface casing to protect all usable - quality water strata, as defined by state law. The operator shall notify the Inspector and where 12 Sec. 9.5 -244. Workover or re- working of required by the City, the City's technical advisor, in writing at least 96 hours prior to the scheduled staff revised language for clarity and to well; notice. Page 44 time for setting and cementing surface casing and such work shall not commence until the increase notification time to 96 hours inspector has approved the proposed work in writing. In addition, the following requirements shall apply: Page 4