HomeMy WebLinkAboutOrd 621 Amendng Land Use Table PD 3-10 to allow Gas and Oil Drilling with Specific Use PermitTOWN OF WESTLAKE
ORDINANCE NO. 621
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS; AMENDING
ORDINANCE NO. 592, BEING THE ORDINANCE WHICH CREATED THE PD 3-10
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 the Land Use Schedule or Use Table is hereby amended to add the
following uses:
CIRCLE T PLANNING AREA 3-10 - 377 SOUTH COMMERCIAL
LAND USE SCHEDULE
PERMITTED USES
SUB-
AREAS
X=Permitted, A=Accessory Use,
Reda l
S�SUP
OIL & GAS EXPLORATION
The following uses are allowed in all zoning
districts including Planned Developments
provided a Specific Use Permit is approved.
Gas Well Pad Site
s
Compressor Station/Facility
Salt water disposal well -
Commercial
Produced Storage (Tank
S
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.
2
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.
Laura Wheat, Mayor
ATTES .
i Sutter, fRMC, Town Secretary Thomas Bryme; T n Manager
APPROVE AS TO LEGAL FORM: