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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 ' r .. c C11 APPROVED TO AS FORM: �LL— _4 r v t Ii`l I;I Town Attorney Town of Trophy Club, Texas