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HomeMy WebLinkAboutOrd 457 Amending Ordinance 442 extending the moratorium on oil and gas well drillingTOWN OF WESTLAKE ORDINANCE NO. 457 AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AMENDING ORDINANCE NO. 442 FOR THE SPECIFIC PURPOSE OF EXTENDING THE EFFECTIVE DATE OF ORDINANCE 442 UNTIL MAY 24, 2004, AT 11:59 P.M.; PROVIDING FOR A METHOD OF REPEAL OF THIS MORATORIUM; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON PASSAGE. WHEREAS, the Board of Aldermen of the Town of Westlake, Texas, based on an adopted Comprehensive Land Use Plan, has adopted zoning districts and regulations which regulate the use of land and the locations and use of buildings, or other structures and land for business, industrial, single-family residential and other purposes; and WHEREAS, on October 13, 2003, the Board of Aldermen of the Town of Westlake, Texas, adopted Ordinance No. 442 which imposed a moratorium on the drilling and production of oil or gas or for the issuance, acceptance or approval of any permits, applications, site plans, zoning amendments, preliminary plats and final plats on all property in the Town of Westlake for said purposes; and WHEREAS, the Town of Westlake is currently in the process of investigating the procedures necessary to ensure the compatibility of all oil or gas drilling and production within the zoning districts of the Town and any and all permits, procedures and regulations deemed necessary to protect and enhance the overall growth, development, land use, health, safety and welfare of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SETION 1. That all the above premises are found to be true and correct and are hereby incorporated into this Ordinance as if copied in their entirety, SECTION 2: That Ordinance No. 442 is hereby amended for the sole purpose of extending the moratorium deadline of said Ordinance until May 24, 2004, at 11:59 p.m. SECTION 3: That all other terms and provisions of Ordinance No. 442 remain in full force and effect. SECTION 4: This moratorium shall remain in effect until such time as the Board of Aldermen has had a reasonable opportunity to consider and act upon appropriate amendments, if any, to the ordinances of the Town of Westlake and zoning regulations applicable to all land in the Town. Upon final adoption of all necessary ordinances, or upon a final determination being made by the Board of Aldermen that amendments are not necessary, this moratorium shall expire. This moratorium shall automatically expire May 24, 2004, at 11:59 p.m. unless it is specifically extended by additional Board of Aldermen action. SECTION 5: It is hereby declared to be the intention of the Board of Aldermen of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this ordinance 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 or sections of this ordinance since the same would have been enacted by the Board of Aldermen of the Town of Westlake without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. PASSED AND APPROVED ON THIS 12TH DAY OF APRIL 2004. ATTEST: I /t), n"'� --� Gingd4 Crosswy, Tov�-ii Secretary APPROVED AS TO FORM: L. Stant Lo To ttorney Scott Bradfey, Mayor Trent Petty, Town manager 2