Ord. 0763 12-17-96ORDINANCE NO. 763
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 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 CLARIFYING ALLOWABLE DRILLING SITES AND RECOGNIZING
RECORDED DRILL SITES; PROVIDING A PENALTY FOR VIOLATION;
HAVING A SAVINGS CLAUSE, A REPEALER CLAUSE, A SEVERABILITY
CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. 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 the owner of such
property has consented in writing to the drilling and operation or deepening and
operation of such well. 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 2. Penalty. Any person, firm or corporation violating any of the
provisions of this Ordinance shall be guilty of a misdemeanor, and upon final
conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars
($2,000.00) for each offense. Each day such violation continues to exist shall
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ORDINANCE NO. 763
constitute a separate offense. But in case any person, firm or corporation violates any
of the provisions of this Ordinance or fails to comply therewith, the City of Pearland,
in addition to imposing the penalties above provided, may institute any appropriate
action or proceedings in court to prevent, restrain, correct, or abate or to prevent any
illegal act pertaining to oil and gas operations within the City; and the definition of any
violation of the terms of this Ordinance as a misdemeanor, shall not preclude the City
of Pearland from invoking the civil remedies given it by law in such cases; but same
shall be cumulative of and in addition to the penalties prescribed for such violation.
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.
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ORDINANCE NO. 763
Section 7. Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaper of 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 Mit day of
, A. D., 1996.
TOM REID
MAYOR
ATTEST:
ts—hd /44:M/
YO A DA C. BENITE
CI Y SECRETARY
PASSED and APPROVED ON SECOND AND FINAL READING this the:RCl day
of
ATTEST:
, A. D., 1996.
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TOM REID
MAYOR
ORDINANCE NO. 763
YOLANDA C. BENITEZ
CITY SECRETARY
APPROVED AS TO FORM:
A •T S McCULLOUGH
CITY AT ORNEY
VOTING RECORD (FIRST READING) DECEMBER 17, 1996
Voting "Aye" - Councilmembers Cole, Wilkins, Richardson, Tetens & Beckman
Voting "No" - None
Motion passed 5 to 0.
VOTING RECORD (SECOND READING) DECEMBER 20, 1996
Voting "Aye" - Councilmembes Cole, Wilkins, Richardson, Tetens & Beckman
Voting "No" - None
Motion passed 5 to 0.
PUBLICATION DATE: December 31, 1996
EFFECTIVE DATE: January 9, 1997
PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, '
TEXAS
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