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HomeMy WebLinkAbout023665 ORD - 06/08/1999AN ORDINANCE AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES, CHAPTER 35, OIL & GAS WELLS, SECTION 35-88, SEISMIC SURVEYSTO INCLUDE COUNCIL REVIEW OF PERMIT; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi Code of Ordinances, Chapter 35, Sec. 88, Seismic surveys is hereby amended as follows: Sec. 35-88. Seismic surveys. (a) No geophysical work will be permitted except upon proper application and the payment of a one thousand dollar ($1,000.00) application fee. A proper application will include the following: (1) Letter of application requesting a geophysical permit. The letter shall set out the system to be employed, when it is intended to begin the work, and also the anticipated date of completion. A statement shall also be made relieving the city of any liability for damages which may result from that operation performed by the applicant. (2) The letter of application shall be accompanied by a certificate of comprehensive general liability insurance in amounts and with endorsements as may be determined by the superintendent to be commensurate with the survey type and location applied for. (3) A plat outlining the areas proposed to be covered by the survey. (4) The term of a seismic permit shall be for three (3) months. The superintendent may grant one extension of time for an additional three (3) months for cause. (12) When the above is properly submitted, the superintendent, after obtaining the recommendation of the committee, may issue a permit to the applicant to conduct such seismic or geophysical work, if by his determination, this work will not create a public nuisance nor be contrary to the public safety The determination shall be in writing and shall include the consideration of the following factors: H:V.EGDIR\JIMMY\WPDOCS\COUNCLL\9JRB0500.026 91RB0500.026 65 ($1) (b2) The location of the point relative to surrounding improvements, pipelines, wells; The quantity and nature of the proposed seismic survey to be used in implementing the exploration; (ea) The pendency of other activities at and adjacent to the point of exploration. (0 The determination of the superintendent may be appealed to the city council in accordance with this subsection, U) The appeal may be brought by the applicant or by an affected person. An "affected person" for purposes of this section is one who appeared at the committee hearing and who, as a result of' the proposed seismic activity, has suffered or may suffer actual _r 1 - 1 1 6 11 .1 :.1 : 11 - 11 • -. 1 .1 - general public. (2) The superintendent shall send written notice of the determination to the applicant and to any affected person who provides their mailing or fax address to the superintendent prior to the determination (3) An appeal shall be filed with the city secretary within 10 days of the date of written determination by the superintendent, (4) The city council shall hold a public hearing and render a decision within 30 days of the filing of an appeal. A two-thirds vote of the city council shall be required to reverse a determination of the superintendent to grant a permit. SECTION 2. This ordinance shall be effective as to any decision of the superintendent occurring after adoption. HALEGDIRUUiMY\WPDOCS\COUNCIL\9JRB0500.026 9JRB0500.026 0a, e foregoing ordinance was read for the first time and passed to its second reading on this the y of _,1999, by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the ! J Day of ,k�. h .1999, by the foll.wing vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales PASSED AND APPROVED this the ATTEST: Armando Chapa, City Sec Day of Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott 1999. Samuel L. Neal, Jr., M. yo City of Corpus Christi LEGAL FORM APPROVED A5 ,1999; JAMES R. BRAY, JR., CITY ATTORNEY By: 4s 4.41/1 Alison Gallaway Senior Assistant City H:\LEGDatUIMMY\ W PDOCS\COUNCIL\91RB0500.026 9JRB0500.026 1+23865 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 2912727 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller - Times and on the World Wide Web on the Caller -Times Interactive on the 14TH day(s) of JUNE, 1999. TWO (2 ) Time(s) D10IMonday 14, 1999 $39.95 ti V • v • • =MI NOTICE OF PASSAGE OF ORDINANCE NO. 023665 Amending the Corpus Christi Code of Ordinances, Chapter 35, Oil & Gas Wells, Section 35-88, Seismic Surveys, to include Council review of permit; providing for an effective date. This ordinance was passed and approved by the City Council of the City of Corpus Christi on June 8, 1999. !slArmChapa �yandoSecretary City of Corpus Christi .No_ oXa665 Vice -President and Chief Financial Officer Subscribed and sworn to me on the date of JUNE 15, 1999. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.