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:
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Lin Huff
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
ORD. NO. 2007-24 3