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Ord 619 Amending Land Use Table PD 3-8 to allow Gas and Oil Drilling with Specific Use PermitTOWN OF WESTLAKE ORDINANCE NO. 619 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING ORDINANCE NO. 314 AS AMENDED, BEING THE ORDINANCE WHICH CREATED THE PD 3-8 DISTRICT OF THE TOWN OF WESTLAKE, AND AMENDING THE PLANNED DEVELOPMENT SUPPLEMENT CHAPTER 8, ARTICLE 2. 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 Cade; 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 S — WEST COMMERCIAL LAND USE SCHEDULE PERMITTED USES SUB -AREAS X=Permitted, A=Accessory Use, S=SUP Retail 1 Office Official public Line OIL & GAS EXPLORATION The following uses are allowed in all zoning districts including Planned Developments provided a Specific Use Permit is approved A Gas Well Pad Site S S S S A Compressor Station/Facility A Salt water disposal well - Commercial A Produced Storage (Tank Batteries) S S S S 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 2 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. Laura Wheat, Mayor ATT T f` irrj Sutter, TRMC, Town Secretary Thomas Bryn e&r; own/manager b ) APPROVED AS TO �EGAL FORM: anion �0-'rry T9 Attorney THE STATE OF TEXAS COUNTY OF TARRANT ) 1, _ , ADVERTISING MANAGER of the Alliance Regional Newspapers of Southla e, 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 27th 2009 TOWN OF WESTLAKE ORDINANCE #619 Advertising Manager �a SJBS RIBED AND TO before me on the day of to ee i y h truss my hand and official seal. 1 Q 4�eI cl`q L-*�B'j""916AMANDA N TA BLIC, STATE OFT X S HENSARLINVG Commission Expiresecember 05, 2012 My Commission Expires: