Loading...
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 1' � 3 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 7 v 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 `