ORD 2004-04TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2004-04
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AUTHORIZING THE COMPETITIVE BID PROCESS FOR AN
OIL AND GAS NON -DRILL SITE /POOLING AGREEMENT OIL
AND GAS LEASE AGREEMENT FOR ITS MINERAL INTEREST
IN HARMONY PARK WHICH WOULD NOT AUTHORIZE
DRILLING ON THE SURFACE LAND OF HARMONY PARK;
PROVIDING INCORPORATION OF PREMISES CLAUSE;
PROVIDING A FINDINGS CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council desires to authorize the competitive bid process
for an oil and gas Non -drill site/Pooling agreement for the its mineral interest in Harmony
Park; and
WHEREAS, the non -drill site/pooling agreement would not allow drilling in
Harmony Park but would allow the Town's mineral interests to be pooled and extracted
at an offsite drilling location; and
WHEREAS, the Town Council finds it advisable to lease land for Mineral
Interests and to advertise for bids pursuant to Chapter 71 of the Texas Natural Resources
Code, and to hold necessary public hearings under Chapter 26 of the Texas Parks &
Wildlife Code,
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
FINDINGS
That the Town Council hereby finds it advisable to lease its mineral interests as
described herein and authorizes the competitive bid process and advertisement for bids
for an oil and gas Non -drill site/Pooling agreement for its mineral interest in Harmony
Park, and further finds it necessary to hold appropriate public hearings as required under
the Texas Parks and Wildlife Code.
SECTION 3.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved as to
any and all violations of the provisions of any Ordinances affecting oil and gas drilling
and/or development 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 4.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not
repeal any of the provisions of such Ordinances except for those instances where there
are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in
force at the time this Ordinance shall take effect and that are inconsistent with this
Ordinance are hereby repealed to the extent that they are inconsistent with this
Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to such Ordinance on the date of adoption
of this Ordinance shall continue to be governed by the provisions of that Ordinance and
for that purpose the Ordinance shall remain in full force and effect.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION G.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011
of the Texas Local Government Code.
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the
minutes of the Town Council and by filing this Ordinance in the ordinance records of the
Town.
SECTION S.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of
passage, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Coupii`of) the Town,4Trophy Club,
Texas this 2nd day of February, 2004.
of Trophy Club, Texas
Effective Date: February 7, 2004
[SEAL]
ATTEST:
Town Secret .Y
Town of Trophy Club, Texas '
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APPROVED TO AS FORM:
�LL— _4 r v t Ii`l I;I
Town Attorney
Town of Trophy Club, Texas