ORD 2007-32TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2007-32 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF
THE TOWN, ENTITLED "GENERAL LAND USE", ARTICLE VI,
ENTITLED "OIL AND GAS WELL MANUAL", SECTION 2
ENTITLED "ON-SITE REQUIREMENTS", SUBSECTION "C"
PROVIDING REGULATIONS RELATED TO MASONRY FENCE
REQUIREMENTS FOR EQUIPMENT SCREENING AT
PRODUCING GAS WELL SITES; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AN
AMENDMENT TO SECTION "6.01(A)(2)c" PRESCRIBING
HEIGHT, SPACING AND MASONRY STANDARDS FOR FENCES
ENCLOSING EQUIPMENT; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; 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 of Trophy Club, Texas (the "Town") has the authority and
the power to adopt regulations relating to the control of the public health, safety and
welfare of its citizens, and
WHEREAS, the Town Council hereby finds and declares that it is in the interest
of the public health, safety and general welfare to amend certain regulations related to
fencing requirements for producing sites for gas wells; and
WHEREAS, the Town Council further finds that the proposed fencing
regulations as amended by this Ordinance and set forth below are reasonable and
necessary for the protection of the health, safety and welfare of the general public in
accordance with the police powers of the Town; and
WHEREAS, the Town Council therefore deems it necessary for the safe, orderly
and healthful development of the Town to adopt an the amendment to Article VI, Section
6.01(A)(2)c of Chapter 5 of the Code of Ordinances regulating the height, spacing and
masonry requirements for fencing surrounding producing gas well sites and establishing
regulations for the use of temporary and permanent masonry; and
WHEREAS, after due deliberations and consideration of the recommendation of
the Planning & Zoning Commission, and the information and other materials received at
public meetings, the Town Council has concluded that the adoption of this Ordinance is
in the best interests of the Town of Trophy Club, Texas, and of the public health, safety
and general welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are incorporated into the
body of this Ordinance as if copied in their entirety.
SECTION 2.
AMENDMENT
Article VI entitled "Oil and Gas Well Manual" of Chapter 5, entitled "General Land Use", of
the Code Of Ordinances of the Town of Trophy Club, is hereby amended, so that Section 6.01
entitled "Standards for Oil and Gas Well Drilling and Production", Section 2 entitled "On -Site
Requirements', subsection "c" is hereby amended to be and read in its entirety as follows:
"Section 6.01 Standards for Oil and Gas Well Drilling and Production
A. The drilling and production of an oil or gas well by right or by a
Specific Use Permit required by this Article shall include the following
standards:
2. On -Site Requirements
C. A removable masonry product wall surrounding
producing sites shall be of sufficient height to shield the
permanent enclosed equipment from view or seven and
one-half feet (7.5') in height at the top of the wall,
whichever is greater, and a wrought iron gate that is a
minimum twenty-four feet (24') wide clear opening,
and the gate shall remain locked at all times when no
one is present. Fencing facing the thoroughfare will be
permanent masonry."
SECTION 3.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed each day during
or on which a violation occurs or continues.
SECTION 4.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved to
any and all violations of the provisions of any Ordinance affecting fencing standards for
oil and gas well drilling and production 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 5.
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 6.
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 7.
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 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance as required by the Town Charter and state law.
SECTION 9.
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 Council of the Town of Trophy Club,
Texas, this 19th day of November, 2007.
Mayor
Effective Date: November 19, 2007
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
own Attorney
Town of Trophy Club, Texas
Town of Trophy Club, Texas
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