HomeMy WebLinkAboutORD 2010-049 ORDINANCE NO. 2010-49
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF
ORDINANCES CHAPTER 12 HEALTH AND SANITATION,
ARTICLE VII, 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
OFFENCE 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 Council of the City of Grapevine, Texas, 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 an 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 is 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 by reference as if copied in their entirety.
Section 2. That Chapter 12, Health and Sanitation, Article VII, Section 12-145.
Oil and Gas Well Drilling and Production Standards, (c) Environmental safety standards
is hereby amended by the addition of the following: Subsection (C) (22) (e) is amended
in its entirety to read as follows:
(C) (22) (e)
"Fracturing fluid pit shall be backfilled and provided with suitable
groundcover or turf within nine (9) months of completion of
fracturing the first well. Where subsequent well drilling is initiated
within nine (9) months of completion of fracturing the first well, the
removal of the fracture fluid pond may be delayed for continuous
drilling of additional wells, provided that all drilling of wells be
initiated within nine (9) months of completion of fracturing of the
previous well."
Section 3. That 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) for each offense and a separate
offense shall be deemed committed each day during or on which a violation occurs or
continues.
Section 4. 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 5. That 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 6. That 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 21st day of September, 2010.
APPROVED:
William D. Tate
Mayor
ATTEST:
Linda Huff
City Secretary
ORD. NO. 2010-49 2
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
ORD. NO. 2010-49 3