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Ord 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. 455��' Laura Wheat, Mayor ATTE P77 i Sutter, TRMC,Town Secretary Thomas B o Manager 2 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. 7 gg A gg ((/J�j}� 9 NOTARY PUBLIC, STATE OF 7EXAS AMANDA HENSARLING s m Commission Ex ices � 5 December o5, 2012 ee My Commission Expires:K_. aD/,::)- ^7�rfr'l� d v�o