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480-RRR ORDINANCE NO. 480-MM OFFICIAL RECORD AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE" OF THE CITY OF SOUTHLAKE, TEXAS; REVISING SECTION 45 "SPECIFIC USE PERMITS" REGARDING OIL & GAS DRILLING AND OPERATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, 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 has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the City; and WHEREAS, the City Council has determined that it is appropriate and in the best interest of the City to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the City Council has given notice and held public hearings with respect to the amendment of the Zoning Ordinance as required by law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: i SECTION 1 That item 42 of Section 45, "Specific Use Permits," of the Zoning Ordinance of the City of Southlake, Texas, is hereby amended to read as follows: SPECIFIC USE DISTRICT WHERE PERMITTED 42. Gas & oil well drilling and production, subject to the requirements of Section ALL-SITE PLAN REQUIRED. 45.15 SECTION 2 That Section 45.15, "Specific Use Permits," of the Zoning Ordinance of the City of Southlake, Texas, is hereby amended to read as follows: 45.15 SPECIFIC REGULATIONS FOR GAS AND OIL WELL DRILLING & PRODUCTION (AMENDED BY ORD. 480-YY AND 480-RRR) Gas and oil well drilling & production activity must be approved by City Council through the Specific Use Permit ("SUP") process. Notwithstanding the foregoing, all other applicable city, state and federal regulations governing the technical, safety, and environmental aspects of the operation must additionally be met prior to conducting the activities detailed herein. No application for an SUP for gas and oil well drilling and production shall be considered unless it is accompanied and supported by the following: (1) at least one administratively complete application for a well permit, as defined by and set forth in Article IV, Chapter 9.5, of the City of Southlake Code, as it may be amended; and (2) If any gas, hydrocarbons, or other material is to be transported from a well site subject to the Specific Use Permit, either a Regulated Pipeline Permit or an Unregulated Pipeline Permit, as applicable, as defined by and set forth in Article IV, Chapter 9.5, of the City of Southlake Code, as it may be amended. An application for an SUP may be submitted for an entire pad site, as that phrase is defined in Article IV, Chapter 9.5, of the City of Southlake Code, provided that sufficient detail is included regarding the maximum number and location of each well proposed for the pad site. No more than one pad site may be considered under an application for an SUP. An applicant operating under approved well and pipeline permits seeking to amend an SUP must resubmit the approved well and pipeline permit applications as supporting material for the SUP amendment; or, where required by Article IV, Chapter 9.5, of the City of Southlake Code to amend the permits, must submit an administratively complete application to amend the well and pipeline permits referenced herein. The Planning and Zoning Commission and/or City Council may require any additional information from the applicant regarding the applicant's proposed activities, which the Commission or Council deems pertinent. In addition, each application for an SUP or amendment to an SUP must be found to be in accordance with the intent of the guidelines set forth in the Consolidated Land Use Plan, Appendix C, Policy on Natural Resource Extraction Activities. The approval of an SUP or an amendment thereof shall not constitute the approval of a new or amended well or pipeline permit. In addition to the notice otherwise required by ordinance or law, before the tenth (10th) day before each public hearing at which such SUP is to be considered, written notice of such public hearing shall be sent to each owner, as indicated by the most recently approved municipal tax roll, or real property within one thousand feet (1,000') of any of the following: (1) the pad site for which approval is sought; (2) any pipeline through which any gas, hydrocarbons, or other material is to be transported from a well site subject to the Specific Use Permit; and (3) any access road to the pad site for which approval is sought. The notice may be served by its deposit in the City, properly addressed with first class postage paid, in the United States mail. SECTION 3 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, 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 4 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the. incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting oil, gas and hydrocarbon drilling, production, development, and transportation which 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 7 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 8 The City Secretary of the City of Southlake is hereby directed to post the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its preamble and penalty in the official City newspaper, or website if permitted by law, one time within ten (10) days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 9 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 15ih day of fU Y , 2008. 'MAYOR ATTEST: s \3T -9 LQ ~ Io o '10 .."A S A ♦ O o % ,ON r • ° s CITY SECRETAR CD ° PASSED AND APPROVED on the 2nd reading the 2D +day of 2008. MAYOR ,``,~~anu¢►uh►►,o ATTEST: O O ~rn^ 1 tco O VI ~ O O • O CITY SECRETAV ' APPROVED T FORM AND LEGALITY: CITY ATT RNEY INVOICE �� Star-Telegram Customer ID: CIT57 400 W.7TH STREET RECE!',Ep Invoice Number: 288831941 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 9/14/07 Federal Tax ID 22-3148254 OCT _ Terms: Net due in 21 days 2007 Invoice Date: 9/30/07 Bill To: OFFICE OF PO Number: no po CITY OF SOUTHLAKE CI1Y ScCRE AR}' Order Number: 28883194 1400 MAIN ST STE 440 Sales Rep: 005 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: • • 1► •YABLE Publication Date: 9/14/07 Description' * Notice Is A hereby given. i C 1•t on _COI Deptl Linage I : Rates : m unto" of the thCity it�iCyounccil ,.,;, , of CITY OF $OUTI that aipuDlic hTe7i-Tn, I3580 1 81 81 LINE $0.81 $65.61 will be held on Oc- tober 2,2007,at 5:00 p.m. or immediately following the Work Session, during the Regular City Council Net to be held Amount: $65.61 in the City Council Chambers of Town Hall, 1400 Main Street, Southlake, Texas. Purpose of the public hearing is to consider the sec- ond reading of the following ordinance: ORDINANCE NO. 480-RRR AN ORDINANCE AMENDING ORDI- NANCE NO. 480, AS i AMENDED, THE COMPREHENSIVEI ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS; REVISING y 1 SECTION 45 SPE-. CIFIC USE PERMITS 11;1\iii?,q. •,REGARDING OIL & CHRISTY L.HOLLANDGAS DRILLING AND •OPERATIONS; PRO- . MY COMMISSION EXPIRES VIDING THAT THIS ORDINANCE SHALL . Nyf !Ste July 31,20)8 BE CUMULATIVE OF ALL ORDINANCES; THE STATE OF' PROVIDING A 5EV- ERABILITY CLAUSE; Countyof Tarran' PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- Before me,a No PROVIDINGCLA F E id County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star- Telegram,publisi pgMPHLETONFORM; am,Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping PROVIDING FOR s published in th ove named paper on the listed dates:BIDS& EGAL DEPT. STAR TELEGRAM PUBLICATION IN \ (817)390-7501 NE OFFICIAL NEWSPAPER AND 1\0, ` ` PROVIDING AN EF- `�C7/^Y FECTIVE DATE. SECTION 5 Signed Any person, firm or corporation who vi- olates, disobeys, SUBSCRIBED A omits, neglects or RE ME,THIS Tuesday,Sep mb 2007. refuses to comply V/1(:. :..dzi...tzj with or who resists the enforcement of any of the provisions Notary Public of this ordinance' shall be fined not I more than Two Thousand Dollars ($2,000.00) for each offense. Each day Thank You that a violation i permitted to exis ent shall constitute a separate offense. - City of Southlake Lorl Payne City•Secretary Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH,TX 76101-2051 Invoice Number: 288831941 Invoice Amount: $65.61 PO Number: no po Amount Enclosed: $ INVOICE Draft Only, Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 297388681 FORT WORTH,TX 76102 RECEIVED (817)390-7761 Invoice Date: 5/25/2008 Federal Tax ID 22-3148254 Terms: Net due in 21 days Bill To: JUN 1 0 2008 Due Date: 5/31/2008 PO Number: PO#20801261-000. CITY OF SOUTHLAKE 1400 MAIN ST OFFICE OF CITY SECRETARY Order Number: 29738868 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn:ACCOUNTS PAYABLE Publication Dates: 5/23/2008 -5/25/2008 Description Location Col Depth Linage MU` Rate Amount _ CITY OF SHLACITY OF SOUTHLAI ORRDDINANCE !O I3580 I 67 67 LINE $0.43 $57.77 NO. 48O-RRR AN ORDINANCE AMENDING ORDI- SalesI-g Discount AMENDED, �OTHE ($8.50) COMPREHENSIVE ZONING ORDI- OF THE CITY Misc Fee OF NCESOUTHLAKE $NA5.00 TEXAS; REVISIN(t- SECTION45"SPECIF- IC USE PERMITS"REGARDING OIL & ki GAS DRILLING AND OPERATIONS,. PRO- VIDING THA THIS ORDINANCE SHAL JUN N b Net Amount: $54.27 BE CUMULATIVE 0- 6 PROVIDIINGLLNCE ANSE V, ZDO8 ERABILITY CLAUS- PROVIDING FOR • PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE "� PROVIDING FOR PUBLICATION IN j'•., PAMPHLET FORK- , 1'�• CHRISTY L.HOLLAND PROVIDING FOR � ' PUBLICATION IN * ;*S MY COMMISSION EXPIRES THE OFFICIAL ;+`•• '(Tr Jury 31,200$ NEWSPAPER; AND ti� •••1;4 PROVIDING AN EF- •••Akn• __ _ -- FECTIVE DATE. -__•- -- THE STATE OF TE)I Any SECTIONperson, f5m or County of Tarrant corporation who vi- olates, disobeys, omits, neglects or Before me,a Notaryrefuses to comply, withenfOrc o resists ounty and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star- Telegram,published tany of the provisions Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of E shallthise fined anc ublished in th ove named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 more than Two Thousand Dollars ($2,000.00) for each r� offense. Each day j\�\, that a violation is Signed to. permitted to exist shall constitute a SUBSCRIBED AND. PiTsEoe °nne SeAP- ME,THIS Wednes y, 008. a---ij PROVED THIS THE 20TH DAY OF MAY, clTv Notary Publi COUNCIL MEETING. MAYOR: Andy Wambsganss ATTEST: Lorl Payne, City Secretary Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 297388681 Invoice Amount: $54.27 PO Number: PO#20801261-000. Amount Enclosed: $ INVOICE Preview Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 296823831 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 5/4/2008 Federal Tax ID 22-3148254 , ,C. 1 Terms: Net due in 21 days MAY 1 5 2008 Due Date: 5/31/2008 Bill To: PO Number: NOPO CITY OF SOUTHLAKE ,a's( 1400 MAIN ST Order Number: 29682383 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Dates: 5/3/2008 -5/4/2008 CITY Location Col Depth Linage MU Rate Amount Descr OF SOUTHLAKE Notice is hereby given by the City Council CITY OF °South ake, citTexa,ice is he 13580 1 81 81 LINE SO.43 $69.11 that a public hearing will be held on May 20,2008,at 5:00 p.m. Sales Dis or immediately fol- EIVED ($8.50) lowing the Work Session,uar during the d ^�� Regular City Council `�\) Misc Fee ine meeting 9City Council $500 Chambers of Town Hall, 1400 r Main Street, Southlake, Texas. Purpose of ' the public hearing is A`( I i. , to consider the sec- I ' and reading of the $65.61 following ordinance: Net Amount: ORDINANCE NO. 480-RRR (/fir F 1N tJ�-(��( T R A AMENDING DINORDE �,CI V1� OI CI I 1 ��•v"L'1�"- NANCE NO. 480, AS I r` {. AMENDED, THE O COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE • TEXAS; REVISING SECTION45"SPECIF- `' :µ•''• CHRIS'f`f HCILO IC USE PERMITS" +,� MY COMMISSION EXPIRES REGARDING OIL & .a} GAS DRILLING AND a '' U'7� 31,2008 OPERATIONS; PRO- . h� VIDING THAT THIS %.',A".h.1`. ORDINANCE SHALL Sr... THE S BE CUMULATIVE OF LL County PROVIDIINGNANCES SEV- ERABILITY CLAUSE; PROVIDING FOR A Before PENALTY LAN ONS FIO REI° and for said County and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- Telegra PROVIDING CAi ou VE ar-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the INGattache PROV DINCAT ON FOR cement was published in th ove named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM N (817)3' PAMPHLET FORM; PROVIDING FOR PUBLICATION INTHE (y� CIAL NEWSPAPER; AND Signed PROVIDING AN EF- SUBSC FEc SECT ON 5' TO BEFORE ME,THIS Monday, y 05 0 Any person, firm or corporation who vi- olates, disobeys, omits, neglects or Notary Public refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each Thank ' offense. Each day that a violationis Payment permitted to exist shall constitute a — "'-'—`"' separate offense. --- City of Southlake Lori Payne City Secretary Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 296823831 Invoice Amount: $65.61 PO Number: NOPO Amount Enclosed: $ I