ORD 2011-34 - Amend Ch. 14 - Business Gas And Oil Wells 05-17-2011ORDINANCE NO. 2011-34
AN ORDINANCE AMENDING THE CITY OF HUNTSVILLE, TEXAS CODE OF
ORDINANCES, SPECIFICALLY CHAPTER 14 "BUSINESSES AND BUSINESS
REGULATIONS ", BY AMENDING SECTIONS 14-80, 14-81 AND 14 -82 AND BY
ADDING A NEW SECTION 14-83 ALL IN ARTICLE 111 "GAS AND OIL WELLS'
MAKING OTHER PROVISIONS AND FINDINGS THERETO; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Huntsville Code of Ordinances, Chapter 14 "BUSINESSES AND BUSINESS
REGULATIONS" provides for the health, safety and public welfare of the City's residents:
WHEREAS, the City Council of the City of Huntsville, Texas now wishes to amend Chapter 14, Article III
"Gas and Oil Wells" by amending sections 14-80, 14 -81 and 14 -82 and by adding a new section 14 -83 to
help promote the health, safety and welfare of its residents;
WHEREAS, notice of the agenda for this meeting, was given in accordance with law by posting the same
at the place reserved and designated for notices of public meetings and public activities and prior to the
adoption of this ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be true and
correct and are hereby adopted, ratified, and confirmed.
SECTION 2: That sections 14 -80, 14 -81 and 14 -82 in Chapter 14 of the Huntsville Code of
Ordinances Chapter 14 are hereby amended to read as follows:
Sec. 14 -80.- Statement of Purpose.
The purpose of this article is to prohibit the drilling of oil and gas wells or proposed disposal wells
in certain specified areas, being deemed necessary because of the inherent risks and the
unusual damages attendant upon the extremely combustible nature of these products and in their
development, and to promote the health, safety and welfare of the citizens of the city. This article
also finds that the regulation of drilling of wells within the city limits for the exploration of oil, gas,
or liquid hydrocarbons, or well bores for disposal of salt water or other oil and gas waste
promotes the health, safety, and general welfare of its people.
Sec. 14-81. Drilling prohibited upon certain lands.
(a) It shall be unlawful for any person to drill oil or gas wells on any lands within the densely
populated portion of the city.
(b) It shall be unlawful for any person to drill oil or gas wells on any lands situated within 500
feet of any dwelling for use by one or more families within the city limits.
(c) It shall be unlawful for any person to drill oil or gas wells upon lands dedicated to public
use within the area bounded by State Highway 19, Interstate Highway 45, State Highway
75 North from Interstate Highway 45 and Farm to Market Road 2821, and Farm to Market
Road 2821.
Sec. 14-82. Penalty for violation.
Any person violating the provisions of this article shall, upon conviction, be deemed guilty of a
misdemeanor and shall be punished as provided in section 1 -11.
SECTION 3: That the Code of Ordinances, City of Huntsville, Texas is hereby amended by
adding a new section to Chapter 14, to be numbered Sec. 14 -83, which reads as follows:
Sec. 14-83. Variances.
Should any person desire to conduct oil and gas well operations at a location prohibited under
Section 14 -81, the person shall file application with the City Manager. The City Manager shall
then forward the application to the City Council within 30 days of its receipt. The City Council
may grant the variance for drilling on certain lands provided they make findings that the proposed
location meets the purposes outlined in Section 14-80.
SECTION 4. That the reserve sections in Chapter 14 of the Huntsville Code of Ordinances Chapter are
hereby amended to read as follows:
Secs. 14 -84-14 -127. Reserved.
SECTION 4: All ordinances or parts of Ordinances that are in conflict or inconsistent with the
provisions of this Ordinance shall be, and the same are hereby, repealed and all other ordinances of the
City not in conflict with the provisions of this Ordinance shall remain in full force and effect.
SECTION 5: Should any paragraph, sentence, clause, phrase or section of this Ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
Ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal
or unconstitutional.
SECTION 6: This Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of
passage by the City Council, as provided by Article 4.14 of the Charter of the City of Huntsville, Texas.
First Reading Date: May 3, 2011
PASSED AND APPROVED on the Second Reading on this the 17th day of May 2011.
THE CITY OF HUNTSVILLE
Tumor, Mayor
AS TO FORM:
City Attorney
Item Title: Date: Agen a ItW No.:
Oil and Gas Drilling Ordinance Amendment _ sMs� 2oii:
Requested By: Dept. /Div: Dept. Approval: Finance approval:
_ __..-_. _ a _._.� _ 1 _ _
i ..... m Baine, City Manager nAtl„ _ _ 700 IWB
;sue /Item Description:
onsider Ordinance 2011 -34 amending Chapter 14 of the Code of Ordinances of the City of
untsville to prohibit drilling upon certain lands and provisions for variances from the Code.
Background:
In the early 1970s, the City adopted an ordinance prohibiting drilling of oil and gas wells within
the thickly settled portion of the city, within 200' of a dwelling, and on land dedicated to public
use within the City limits. With increased demand for natural resources developing in Texas,
staff was directed to update the ordinance to allow for drilling on certain public lands.
The ordinance as proposed would still prohibit drilling in the thickly settled portion of the City,
within 200' of a dwelling, and on public property within the portion of the City bounded roughly
by SH 19, IH 45, and FM 2821. The amendment to the ordinance would allow for oil and gas
drilling on public land outside that area, provided it meets the other criteria. City properties
affected by the amendment would include the Service Center, Kate Barr Ross Park, the transfer
station, and the airport.
In addition, the ordinance as drafted includes variance provisions for the location of an oil or gas
well that is otherwise prohibited by the Code. This variance would require application to the City
Manager and final consideration by the Council.
Facts to Consider:
• Interest in oil and gas exploration has recently increased in Walker County
• The original ordinance adopted in the early 1970s prohibited drilling on public lands within
the City limits
• The proposed ordinance would allow for oil and gas drilling on public lands outside SH 19,
IH 45, and FM 2821 provided other location criteria are met
• Variance provisions are also added to the ordinance
• The proposed changes open the possibility of future revenue sources for the City should an
oil or gas well be erected on City property.
Fiscal Imaact /Funding Source
Attachment(s):
• Ordinance 2011 -34
• Map
Recommendation motion(s):
roval of Ordinance 2011 -34 as submitted.
MOTION: [. I _ _ SECOND: F,
F PRESENTED [7 APPROVED
F TABLED
VOTE:
r7 DECLINED ACTION
Lr OTHER
.........._... ................................._.........._._...................._............__................._....._......__..._..._.__..............._........_._.......__...._..._..._._...__......._....._._..............-......_........._..............._........_....-............................................._.._................................. .............-- ................
I
�EGENO
City i -units
Driping Boundry
Sec. 14-80. - Statement of purpose.
The purpose of this article is to prohibit the drilling of oil and gas wells or proposed disposal wells
In certain specified areas, being deemed necessary because of the Inherent risks and the unusual damages
attendant upon the extremely combustible nature of these products and in their development, and to
promote the health, safety and welfare of the citizens of the city. This article also finds that the regulation of
drilling of wells within the city limits for the exploration of oil, gas or liquid hydrocarbons or well bores for
disposal of salt water or other oil and gas waste promotes the health, safety. and general welfare of its
people,
_ ................. ............................... ................................................... ................_......._....... .------ ........................................... ........._ .................. _ ... _ ......... ........... ... ..................... ... ........... _.......
(code 1961, § 18.01:01; Ord. of 12 -14 -1971, § 1)
Sec. 14-81, - Drilling prohibited upon certain lands.
i (a)
it shall be unlawful for any person to drill oil or gas wells on any lands within the Neldy
portion of the city.
(b)
It shall be unlawful for any person to drill oil or gas wells on any lands situated within §M feet of
any dwelling for use by one or more families within the city limits.
(a)
It shall be unlawful for any person to drill oil or gas wells upon lands dedicated to public use within
the area bounded by State Highway 19. Interstate Highway 45, State Highway 75 North from
Interstate Hiahway 45 and Form to Market Road 2821, and Farm to Market Road 2821.
(Cafe 1961, § 18.01.02; Ord of 12- 144071, §§ 2-4)
Sec. IM2 - Penalty for violation.
Any person violating the provisions of this article shall, upon conviction, be deemed guilty of a
misdemeanor and shall be punished as provided In section 1 -11.
(Code 1961, § 1sol.03; OAt of12 -14 -1971, §s)
ISec, 14-83. - Variances.
ISecs. 14-83-11=127. - Reserved.