HomeMy WebLinkAboutOrd 611 Amending Ordinance 202 PD-1 for Gas and Oil Drilling with an Specific Use PermitTOWN OF WESTLAKE
ORDINANCE NO. 611
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS; AMENDING
ORDINANCE NO. 202 AS AMENDED, BEING THE ORDINANCE WHICH CREATED
THE PD -1 ZONING DISTRICT OF THE TOWN OF WESTLAKE. AMENDING THE
LAND USE SCHEDULE TO ALLOW GAS AND OIL DRILLING AND PRODUCTION
WITH AN APPROVED SPECIFIC USE PERMIT, AND ADDING OTHER GAS AND
OIL RELATED USES TO THE SCHEDULE TO CLARIFY WHETHER THEY ARE OR
ARE NOT ALLOWED IN THIS DISTRICT; PROVIDING A PENALTY CLAUSE;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its
charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government
Code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best
interest of the citizens, property owners, and mineral rights owners in the Town of Westlake, to
allow gas and oil drilling and production on all properties regardless of zoning district, provided
a Specific Use Permit is approved for that property; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it necessary to
amend certain sections of the Code of Ordinances relative to land use to assure to protection of
property and mineral rights owners;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That Section 1. Principal Uses Permitted, be amended to add the
following uses:
Section 1. Principal Uses Permitted. No building, structure or premises shall be used other
than for the following purposes, together with the ancillary and accessory uses specified in
Section 2:
G. Gas Well Pad Sites and Produced Storage (tank batteries) as defined in Chapter 56
of the Town of Westlake Code of Ordinances. A Specific Use Permit is required for
all Gas Well Pad Sites and Produced Storage (tank batteries).
SECTION 3: PENALTY. 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 all
violations involving this zoning ordinance. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all
provisions of ordinances of the Town of Westlake, Texas, except where provisions of this
ordinance are in direct conflict with the provisions of another ordinance, in which event the
conflicting provisions of the other ordinance are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of
the Town Council that the phrases, clauses, sentences, paragraphs, and sections 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 they would have been enacted by the Town Council without
the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake
are expressly saved as to any and all violations of the provisions of the Code of Ordinances,
Town of Westlake, Texas, as amended, or any other ordinances affecting such code 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: PUBLICATION. The Town Secretary of the Town of Westlake is
hereby directed to publish in the official newspaper of the Town of Westlake, the caption,
penalty clause, and the effective date of this ordinance.
SECTION 8: EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
PASSED AND APPROVED this 27 day of April 2009.
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Laura Wheat, Mayor
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i Sutter, TRMC,Town Secretary Thomas B o Manager
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APPROVED AS T04-,EGAL FORM:
f
anton ow, o Attorney
THE STATE OF TEXAS
COUNTY OF TARRANT
I, e , ADVERTISING MANAGER of the
Alliance Regional Newspapers of Sout ke, Texas, a newspaper of general circulation
which has been published in Denton County and Tarrant County regularly and
continuously for a period of one year prior to the first day of publication of this notice,
solemnly swear that the notice hereto attached was published in the Alliance Regional
Newspapers, on the following dates, to -wit:
MAY 27"', 2009
TOWN OF WESTLAKE
ORDINANCE #611
Advertising Manager
SUBSCRIBED AND SWORN TO before me on the day of
toerti fitness my hand and official seal.
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NOTARY PUBLIC, STATE OF 7EXAS
AMANDA HENSARLING
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