Ord. 0893 02-08-99ORDINANCE NO. 893
AN ORDINANCE OF THE CITY COUNCIL OF PEARLAND, TEXAS,
AMENDING SECTION 21-22 OF CHAPTER 21, OIL AND GAS, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, AS THE SAME MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, FOR THE PURPOSE OF
PROVIDING THAT DRILLING PERMITS SHALL NOT CONTRAVENE
PLANNED UNIT DEVELOPMENT; MAKING CERTAIN FINDINGS
RELATED THERETO; HAVING A SAVINGS CLAUSE, A REPEALER
CLAUSE, A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, the City of Pearland (the "City") is in the process of developing a
planned unit development (the "PUD") in the western portion of the City to promote the
orderly development of property therein, and may adopt other planned unit developments
elsewhere in the City in the future; and
WHEREAS, the city council of the City has determined that it is in the interests of
the health and general welfare of the present and future inhabitants of the PUD, and it is
advisable to amend Section 21-22 of the Code of Ordinances of the City to clarify that the
issuance of drilling permits thereunder is subject to the terms of any PUD approved by the
city council; and
WHEREAS, in designating such drill sites, the city council intends to carefully
consider the reasonableness of the placement of the drill sites to allow for the reasonable
exploitation of any oil and gas reserves that may exist within the PUD; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the facts recited in the preamble hereto are found to be true and
correct.
Section 2. That Section 21-22 of Chapter 21, Oil and Gas, of the Code of
Ordinances of the City of Pearland, Texas, is hereby amended to read as follows:
"Sec. 21-22. Issuance or denial generally.
If, after an application or supplemental application is filed pursuant to this
article, it is found by the city council to comply in all respects with the terms of this
chapter, and the drilling and operation or deepening and operation of a well will not
unduly adversely affect the public safety, environment, public facilities and welfare
of the city and its citizens, the city council shall direct the city secretary to issue a
permit for the drilling and operation or deepening and operation of the well applied
for; provided that city council shall not authorize the issuance of a permit for a well
that is located within five hundred (500) feet of any residence, church, business
establishment, place of public gathering, or any other structure suited for public
habitation, unless either the owner of such property has consented in writing to the
drilling and operation or deepening and operation of such well, or the wells located
on a drill site designated as suc in a planne• unit d -v-l•. �- -..r• -.1 ttpt
gity council The issuance of a Dermft fora well in a Dlanned unit develoument shall
not be authorized except at sites designated as drill sites therein. However, this
provision shall not be construed to limit drilling activities on drill sites designated by
plat and properly recorded in the deed records of Brazoria or Harris County prior to
January 1, 1996, so long as said drilling activities comply in all respects with the
terms of this chapter."
Section 3. Savings. All rights and remedies which have accrued in favor of the
City under this Chapter and amendments thereto shall be and are preserved for the benefit
of the City.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity
of the remaining portions thereof.
Section 5. Repealer. All ordinances and parts of ordinances in conflict herewith •
are hereby repealed but only to the extent of such conflict.
Section 6. Codification. It is the intent of the City Council of the City of Pearland,
Texas, that the provisions of this Ordinance shall be codified in the City's official Code of
Ordinances as provided hereinabove.
Section 7. Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaperof the City
of Pearland, upon passage of such Ordinance. The Ordinance shall then become effective
ten (10) days from and after its publication, or the publication of its caption and penalty,
in the official City newspaper.
PASSED AND APPROVED ON FIRST READING this the ___ day of
�J(.).nUQV"l , A. D., 1999.
TOM REID
MAYOR
ATTEST:
ORDINANCE NO. 893
PASSED and APPROVED on it Second and Final Reading this the /J Today of
1-26Ruat I% , A. D., 1999.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
CSC
TOM REID
MAYOR
VOTING RECORD (SECOND AND FINAL READING
FEBRUARY 8, 1999)
Voting "Aye" - Councilmembers Seeger, Berger, Wilkins,
Tetens and Beckman.
Voting "No" - None.
Motion passed 5 to 0.
PUBLICATION DATE: FEBRUARY 17, 1999
EFFECTIVE DATE: FEBRUARY 27, 1999
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS