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HomeMy WebLinkAboutORD 2007-024 ORDINANCE NO. 2007-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 12 HEALTH AND SANITATION BY SECTION 12-145 AND SECTION 12-154 RELATIVE TO OIL AND GAS WELL DRILLING, REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY, NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to amend the Code of Ordinances to add additional regulations regarding oil and gas well drilling and production regulations; and WHEREAS, all legal prerequisites and requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the City of Grapevine City Council deems the passage of this Ordinance to be in the best interest of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein as if copied in their entirety. Section 2. That the Grapevine Code of Ordinances, Chapter 12 Health and Sanitation, Section 12-145.C.13 is hereby amended to read as follows: "13. No oil, gas, or combined well permit shall be issued for any well to be drilled within 200 feet of a floodplain." Section 3. That the Grapevine Code of Ordinances, Chapter 12 Health and Sanitation, Section 12-145.D.1.c is hereby amended to read as follows: "c. Except for buildings addressed by Subsection D.1.b. immediately hereinabove, within 300 feet from any building; or" Section 4. That the Grapevine Code of Ordinances, Chapter 12 Health and Sanitation, Section 12-145.D.3 is hereby amended to read as follows: "3. Tank batteries, well facilities and equipment shall be located at least 300 feet from any public park, or from any residence, religious institution, public building, hospital building or school, or any other building used, or designed and intended to be used, for human occupancy, for which a building permit has been issued on the date of the application for a drilling permit is filed. The distance shall be calculated from the closest tank batteries, well facilities and/or equipment, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the building." Section 5. That the Grapevine Code of Ordinances, Chapter 12 Health and Sanitation, Section 12-154 is hereby amended to read as follows: "With the exception of Section 12-144.A, 12-145.B.14, and the requirement to enter into a Roadway Repair Agreement under Section 12-147 herein, the requirements of this Article are not applicable to any property subject to the Airport Zoning Act pursuant to Chapter 241 of the Local Government Code." Section 6. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. Section 7. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. If any section, subsection, sentence, clause or phase of this ordinance shall for any reason be held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 9. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the 15th day of May, 2007. ORD. NO. 2007-24 2 APPROVED: William D. Tate Mayor ATTEST: Ao �v� Lin Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2007-24 3