HomeMy WebLinkAbout07983 ORD - 04/20/1966vMP:4/20/66
AN ORDINANCE
AMENDING SECTION 24 -55 OF THE CORPUS CHRISTI CITY
CODE, 1958, AS AMENDED, SAID SECTION BEING ALSO
ORDINANCE NO. 7201, PASSED AND APPROVED ON APRIL 22,
1964, AS AMENDMENT TO SAID SECTION 24 -55 AND AS
x AMENDMENT TO SECTION 7 OF SAID CORPUS CHRISTI OIL
AND GAS ORDINANCE, SO AS TO PROVIDE FOR SAID ORDINANCE
7201, AS SECTION 24 -55 OF THE CORPUS CHRISTI CITY CODE,
x 1958, AS AMENDED, TO APPLY ALSO TO OSO BAY AS WELL AS
CORPUS CHRISTI BAY AND NUECES BAY; AND FURTHER AMENDING
SO AS TO REQUIRE A COPY OF THE DRILLING PERMIT FROM THE
RAILROAD COMMISSION OF TEXAS AND THE PERMIT FROM THE
CORPS OF ENGINEERS, UNITED STATES ARMY, BE FURNISHED
THE CITY WITH THE APPLICATION FOR PERMIT FROM THE CITY;
AND FURTHER AMENDING PARAGRAPH (10) OF SUBSECTION (8)
SO AS TO PERMIT A'SPECIAL PERMIT TO BE ISSUED BY THE
CITY COUNCIL UNDER CERTAIN CONDITIONS; PROVIDING FOR
PENALTIES; PROVIDING THAT THE INVALIDITY OF ANY PARTIC-
ULAR PROVISION OF THIS ORDINANCE SHALL NOT AFFECT THE
VALIDITY OF THE REMAINING PROVISIONS; AND PROVIDING FOR
PUBLICATION.
WHEREAS, OSO BAY WATERS ARE ALSO WITHIN THE CITY OF CORPUS CHRISTI
AND REQUIRE THE REGULATION, FOR THE HEALTH, SAFETY AND GENERAL WELFARE OF
THE PUBLIC, OF DRILLING OIL AND GAS WELLS AND MAKING INSTALLATIONS AT SAID
DRILLING SITES; AND
WHEREAS, IT IS NECESSARY FOR ALL DRILLERS AND OPERATORS TO PRO-
CURE A PERMIT FROM THE RAILROAD COMMISSION OF TEXAS AND A PERMIT FROM THE
CORPS OF ENGINEERS OF THE UNITED STATES ARMY FOR OPERATIONS WITHIN THE BAY
WATERS AND SUCH PERMITS ARE OF INTEREST TO THE CITY OF CORPUS CHRISTI IN
CONSIDERATION OF THE GRANTING OF ITS PERMIT, THE CITY SHOULD BE FURNISHED
WITH A COPY OF SAID RAILROAD COMMISSIONS PERMIT AND CORPS OF ENGINEERS'
PERMIT IN CONNECTION WITH APPLICATION FOR PERMIT FROM THE CITY; AND
WHEREAS, THE PRESENT ORDINANCES OF THE CITY OF CORPUS CHRISTI DO
NOT ALLOW THE INSTALLATION OF OIL AND GAS PRODUCTION FACILITIES IN THE BAY
WATERS, AND WHILE A COMPREHENSIVE ORDINANCE TO REGULATE THESE AND OTHER
MATTERS IS PRESENTLY BEING DRAFTED, THERE EXISTS A PUBLIC NECESSITY FOR
SOME INTERIM PROVISION WHEREBY THE CITY COUNCIL MAY ALLOW THE INSTALLATION
OF SUCH PRODUCTION FACILITIES IN CASES OF IMMEDIATE AND PRESSING NEED THEREFOR:
NOY1, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT SAID ORDINANCE NO. 7201, AS AMENDED, BE AND THE
7983
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SAME IS HEREBY AMENDED SO AS TO INSERT THE WORDS "CORPUS CHRISTI BAY AND
NUECESIBAY" AND INSERT THE WORDS "OR OSO BAY" FOLLOWING THE WORDS "CORPUS
CHRISTI BAY OR NUECES BAYS* IN ALL INSTANCES WHERE SAID RESPECTIVE PHRASES
OCCUR IN SAID ORDINANCE No., 7201.
SECTION 2. THAT SAID ORDINANCE NO. 7201, AS AMENDED, IS HEREBY
AMENDED BY AMENDING SUBSECTION (F) OF SECTION 7 OF ORDINANCE N0. 2818,
SOMETIMES REFERRED TO AS "CORPUS CHRISTI OIL AND GAS ORDINANCE " AND SOME-
TIMES REFERRED TO AS "SECTION 24 -55 OF THE CORPUS CHRISTI CITY CODE, 1958,
AS AMENDED," BY ADDING A NEW PARAGRAPH FOLLOWING PARAGRAPH (2) OF SAID
SUBSECTION (F), READING AS FOLLOWS:
It(3) THE APPLICANT SHALL ALSO FURNISH A COPY OF AN OPERATION
PERMIT FROM THE RAILROAD COMMISSION OF TEXAS, IF REQUIRED BY SUCH COMMIS-
SION, SHOWING ON ITS FACE THE AUTHORITY TO CONDUCT ALL OF THE OPERATIONS
MENTIONED IN THE APPLICATION AND APPLICANT SHALL FURTHER FURNISH A COPY OF
A PERMIT FROM THE CORPS OF ENGINEERS OF THE UNITED STATES ARMY SHOWING
AUTHORITY TO CONDUCT IN THE BAY WATERS THE OPERATIONS DESCRIBED IN THE
APPLICATION FOR PERMIT FROM THE CITY.1P
SECTION 3. THAT SAID ORDINANCE NO. 7201, AS AMENDED, IS HEREBY
AMENDED BY AMENDING PARAGRAPH (10) OF SUBSECTION (H) OF SECTION 7 OF ORDINANCE
N0. 2818, SOMETIMES REFERRED TO AS "CORPUS CHRISTI OIL AND GAS ORDINANCE"
AND SOMETIMES REFERRED TO AS "SECTION 24 -55 OF THE CORPUS CHRISTI CITY CODE, 1958,
AS AMENDED," ADDING THERETO THE FOLLOWING:
"PROVIDED, HOWEVER, THAT THE CITY COUNCIL MAY, AFTER PUBLISHED
NOTICES OF COUNCIL HEARING, GRANT A PERMIT FOR THE INSTALLATION OF OIL AND
GAS PRODUCTION FACILITIES UPON A FINDING BY THE CITY COUNCIL (1) THAT SUCH
FACILITIES WILL NOT BE DETRIMENTAL TO THE RECREATIONAL AND NAVIGATIONAL
USE OF THE BAY WATERS, (1I) THAT SPECIAL CONDITIONS EXIST WHICH JUSTIFY THE
IMMEDIATE GRANTING OF SUCH PERMIT, AND (111) THAT SUCH INSTALLATION WILL
NOT BE CONTRARY TO THE PUBLIC INTEREST INSOFAR AS THE HEALTH, SAFETY, MORALS
AND GENERAL WELFARE OF THE CITY OF CORPUS CHRISTI ARE CONCERNED; PROVIDED,
HOWEVER, THAT THE ISSUANCE OF ANY SUCH PERMIT SHALL BE CONDITIONED UPON
THE AGREEMENT BY THE APPLICANT TO COMPLY WITH ANY PRESENTLY EXISTING OR
-2-
SUBSEQUENTLY ENACTED ORDINANCE OF THE CITY OF CORPUS CHRISTI, OR REGU-
LATION ISSUED PURSUANT THERETO, PERTAINING TO INSTALLATIONS OF SIMILAR
TYPE AND CHARACTER." '
SECTION 4. ANY PERSON, FIRM OR CORPORATIONS VIOLATING THE TERMS
AND PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR
AND UPON CONVICTION, SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED
DOLLARS ($200).
SECTION 5. IF FOR ANY REASON ANY SECTIONS PARAGRAPH, SUBDIVISION
CLAUSE, PHRASES OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALIDS IT
SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE
CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. :
SECTION 6. PUBLICATION SHALL BE MADE ONE TIME IN THE OFFICIAL
PUBLICATION OF THE CITY OF CORPUS CHRISTI WHICH PUBLICATION SHALL CONTAIN
THE CAPTION STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE AND RECITING
THE PENALTY FOR VIOLATION OF THE ORDINANCE. '
INTER - OFFICE COMMUNICATION
Dept. LEGAL C
7'0 C I TY MANAGER2 MAYOR AND CITY COUNCIL y �
From 1. M. SINGER, CITY ATTORNEY Date APRIL 21, 1966
Subject ORDINANCE NO. 79831 AMENDMENT TO OIL AND GAS DRILLING ORDINANCE
i APPROVE SECTION 1 AND SECTION 2 OF SAID ORDINANCE, BUT RESPECT-
FULLY DECLINE TO APPROVE SECTION 3 FOR THE FOLLOWING REASONS:
A. THE BAY DRILLING COMMITTEE RECOMMENDED THE ADOPTION OF A
PROVISION OF THIS SORT FOR CERTAIN REASONSI INCLUDING THE FACT THAT THE
WORK APPLICATION ON FILE WAS FOR AN INSTALLATION WHICH WAS ABOUT ONE MILE
OFFSHORE, AND THE NEAREST SHORE WAS A LARGE INDUSTRY; AND FOR THE FURTHER
REASON THAT IT WAS SHOWN TO OUR SATISFACTION THAT SUCH INSTALLATION WAS
REQUIRED AT SOME POINT NEAR THE WELLS, FROM WHICH THE RAW PRODUCT WAS PRO -
DUCED, AND THAT IT COULD NOT BE TRANSPORTED TO THE SHORE FOR SUCH PROCESSING.
A SPECIFIC REQUIREMENT WAS PROPOSED AND HAS BEEN REJECTED BY THE COUNCIL TO
THE EFFECT THAT IT BE REQUIRED THAT THE APPLICANT SHOW THE COUNCIL THAT THE
PROPOSED INSTALLATION WOULD CONTAIN ONLY SUCH MACHINERY; TANKS, PIPES AND
EQUIPMENT AS IS ESTABLISHED TO THE SATISFACTION OF THE CITY COUNCIL WOULD
BE MORE FEASIBLE ECONOMICALLY, MECHANICALLY AND MOREPRACTICABLE THAN SHORE
INSTALLATION.
B. IT APPEARS TO ME THAT THE ORDINANCE SHOULD INCLUDE A REQUIRE-
MENT THAT ALL PIPELINES TO AND FROM THE INSTALLATION BE LOWERED TO A DEPTH
OF TWO FEET BELOW THE ACTUAL BOTTOM OF THE BAY WATERS. I FURTHER CALL TO
YOUR ATTENTION THE FACT THAT A GREAT PORTION OF THE BAY IS ZONED R -1
RESIDENTIAL DISTRICT AND A COMMERCIAL INSTALLATION AND PROCESSING PLANT
IS NOT AUTHORIZED IN SUCH A ZONING DISTRICT.
(
RESPECTFULLY SUBMITTED,
1. M. SINGER(/
CITY ATTORNEY
IMS:JKH
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THAT THE FOREGOING ORDINANCE WAS AD FOR THE FIR T I AND
i ,PAS /0 ITS SECOND READING ON THIS THE DAY OF
1090
t, 39 , BY THE FOLLOWING VOTE: 41 ,
DR. MCIVER FURMAN
JACK BLACKMON r
ATTEST:
APPROVED AS LEGAL FOR THI
40 DAY OF 19�:
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
CITY ATTORNEY `
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
r KEN MCDANIEL
;
s
RONNIE SIZEMORE
WM. H. WALLACE
`
THAT THE FOREGOING ORD I NAPCF5?'WAS READ
FOR T E S ND TII E AND P S
TO ITS THIRD READING ON THIS THE / �/ DAY OF
/((��S /ED
, 19 [,
BY THE FOLLOWING VOTE: T—
l -- ""'—"`Y --
DR. MCIVER FURMAN
JACK BLACKMON
p
PATRICK J. DUNNE
/
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE
THAT THE FOREGOING ORDINANCE WA READ
FOR THE THIRD TIME AND PASSED
FINALLY ON THIS THE _70 DAY OF
, 19 6 � , BY THE
FOLLOWING VOTE:
� DR. MCIVER FURMAN
✓
JACK BLACKMON
_,
PATRICK J. DUNNE
✓
DR. P. JIMENEZ, JR.
�[
KEN MCDANIEL
RONNIE SIZEMORE
✓
WM. H. WALLACE
PASSED AND APPROVED, THIS THE
DAY OF
ATTEST:
APPROVED AS LEGAL FOR THI
40 DAY OF 19�:
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
CITY ATTORNEY `