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Home My WebLink About1938 01-24-2012 ORDINANCE NO. 1938 AN ORDINANCE OF THE CITY OF EULESS, TEXAS, AMENDING CHAPTER 40 "GAS DRILLING AND PRODUCTION" OF THE CODE OF ORDINANCES OF THE CITY OF EULESS BY PROVIDING FOR APPROVAL OF SETBACKS AND DISTANCE RESTRICTIONS FOR GAS DRILLING AND PRODUCTION WITHIN CERTAIN PLANNED DEVELOPMENT DISTRICTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Euless, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Euless has previously adopted requirements and standards for gas drilling and production within the City of Euless, Texas; and WHEREAS, after due and careful consideration the City Council considers it desirable and in the best interest of the public health, safety, morals and general welfare to amend the regulations governing gas well pad sites and gas well operations within certain "PD" planned development districts; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION I. Section 40-9 "Issuance of Gas Well Pad Site Permit and Gas Well Operations Permit" of Article VI. "Gas Well Permits" of Chapter 40 "Gas Drilling and Production" of the Code of Ordinances of the City of Euless, Texas, as amended, is hereby amended by adding a new subsection (I) to read as follows: (I) Gas well pad site and gas well operations permitting within certain "PD"planned development districts. Within a "PD" zoning district encompassing more than 100 acres, the city council may elect to modify or waive the setback and minimum distance criteria and waiver requirements of section 40-9 and section 40-15, for any gas well pad site permit and gas well operations permit, and may establish setback and minimum distance criteria requirements that are specific to the site; provided, however, that in no event shall the outside fence or boundary of any gas well pad site be built or located closer than 150 feet from any residence, commercial structure, church, public building, hospital, public park, playground or golf course, or school, including any such structure for which a building permit has been issued on the date the application for a gas well pad site permit is filed with the inspector. Gas well pad site permits and gas well operations permits shall thereafter be issued on the site by the City Manager or his designee as the final approval authority in accordance with such modified or waived setback and minimum distance criteria and waiver requirements. Such permits shall be exempt from future setback and minimum distance criteria and waiver regulations established by this Chapter but shall be subject to all other requirements and conditions in this Chapter that are in effect on the date the application for a gas well pad site permit or gas well operations permit is filed with the inspector. SECTION II. CUMULATIVE CLAUSE. This ordinance shall be cumulative of all provisions of ordinances of the City of Euless, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION III. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City Council of the City of Euless that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase. SECTION IV. SAVINGS CLAUSE. All rights and remedies of the City of Euless are expressly saved as to any and all violations of the provisions of the City Code or any other ordinances regulating gas drilling and production that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION V. PUBLICATION CLAUSE. The City Secretary of the City of Euless is hereby directed to publish in the official newspaper of the City of Euless, as required by Section 12 of Article II of the Charter of the City of Euless. SECTION VI. PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in accordance with Section 1-12 "General Ordinance No. 1938, Page 2 of 3 Penalty", Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder for violation of an ordinance governing fire safety. SECTION VII. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as required by law. PRESENTED AND PASSED ON FIRST AND FINAL READING at regular meeting of the Euless City Council on the 24th day of January, 2012, by a vote of 7 ayes, o nays, and o abstentions. APPROVED: IAA/ 4 4nifit, Mary Lib aleh, Mayor ATTES : irri Sutter, T'MC, City Secretary APPROVED AS TO FORM: ttY4- &,6 Wayne K. Olson, City Attorney Ordinance No. 1938, Page 3 of 3 INVOICE Star-Telegram Customer ID: CITO9 808 Throckmorton St. Invoice Number: 319835081 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 1/28/2012 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 1/31/2012 Bill To: PO Number: CITY OF EULESS ACCOUNTS PAYABL 201 N ECTOR DR Order Number: 31983508 EULESS, TX 76039-3543 Sales Rep: 073 Description: CITY OF EULESS 0 Attn: ACCOUNTS .PAYABLE Publication Dates: 1/27/2012-1/28/2012 CITY OF EULESS ,� �, �.� - ORDINANCE NO. 1938 i.' Vi I t� ` r` AN ORDINANCE OF THE CITY OF � °- �� . CITY 01 CHAMP R 40 DRILL NDD. 1 I3580 1 52 52 LINE $6.11 $635.24 PRODUCTION" OF THE CODE OF ORDINANCES OF THE CITY OF EULESS BY PROVIDING FOR AP- Sales Dil PROVAL OF SETBACKS AND VS- ATTEST: ($614.04) TANCE RESTRICTIONS FOR GAS / Kim Sutter rim,City Secretary DRILLING AND PRODUCTION A AS TO FORM: Misc Fee ELOPMENT DISTRICTS PROV D- /s/W K Olson'Cih'Attorney $10.00 ING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES; PROVIDING A SEVER-, ABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS OF Net Amount: >>�L.flu1 1b///,� $31.20 THIS ORDINANCE;PROVIDING FOR �� / PUBLICATION IN THE OFFICIAL `��A L• FIp 4j�� NEWSPAPER;AND PROVIDING AN ��G ��••'""• �.y EFFECTIVE DATE. 4 Q _p`( P(/e•'. 0*s EFFECTIVE DATE. This ordinance Y" shall be in full force and effect �:O� O .. from and after its passage and V•2 ublication as p required by law. I* �` \ _ PENALTY FOR VIOLATION. Any ppeerson, firm, or corporation vio- lating any of the terms and ; ;•.�fPl . provisions of this ordinance shall �•' � be deemed guilty of a misdemeanor, �/� •A�•.•••••' Q be find In conviction thereof Section '''/A-4/M111111110 THE Si 1-12 "General Penalty", Euless code of Ordinances. Each such County violation shall be deemed a separate offense and shall be punishable as such hereunder for violation of an Before I PRESENTegoverning 55ED safety.IST id County and State,this day personally appeared Deborah Baylor Norwood,Bid and Legal Coordinator for the Star AND FINAL READING at regularr-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the meeting 2othe Euless� City Council tment was publishe 'n the above named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)2' avoteof7ayes,0nays,aMD APPROVEtt/s/s/Mary Lib Sateh, Mayor Signed SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monday,Jan ry 0 012. Notary Public 2 Thank You For Your Payment Remit To: Star-Telegram Customer ID: CITO9 P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN FORT WORTH, TX 76101-2051 Invoice Number: 319835081 Invoice Amount: $31.20 PO Number: Amount Enclosed. $ �1.