2008M35-Prohibit Mining/Drilling
ORDINANCE NO. 08-M-35
AN ORDINANCE PROHIBITING DRILLING AND MINING FOR NON-
RENEWABLE RESOURCES OR THE REOPENING OF ANY
ABANDONED WELL OR MINE WITH THE EXCEPTION OF WATER
WELLS IN ANY PUBLIC PARK LOCATED WITHIN THE CITY LIMITS
OF THE CITY OF SCHERTZ, TEXAS AND DECLARING AN
EFFECTIVE DATE
WHEREAS, in connection with applications by the City of Schertz, Texas (the "City") to
the Texas Parks and Wildlife Department ("TPWD") for certain grants, the City is required by
TPWD to adopt an ordinance that prohibits the drilling and mining of non-renewable resources
on the site where TPWD grant funds will be spent; and
WHEREAS, the City Council hereby finds and determines that it is in the best interests of
the citizens ofthe City to adopt this Ordinance, now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS THAT:
Section 1. All forms of drilling and mIlling of non-renewable resources are
permanently prohibited in any public park located within the City limits of the City of Schertz,
Texas.
Section 2. No previously drilled and abandoned well or mine, with the exception of
water wells for irrigation purposes only, may be reopened in any public park located within the
City limits of Schertz, Texas. The reopening of any such water wells must be approved by the
City Manager.
Section 3. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 4. All ordinances and resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
ordered herein.
Section 5. This Ordinance shall be construed and enforced in accordance with the
laws ofthe State of Texas and the United States of America.
Section 6. If any provision of this Ordinance or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Ordinance and the application
of such provision to other persons and circumstances shall nevertheless be valid, and this
Council hereby declares that this Ordinance would have been enacted without such invalid
provISIOn.
ORDINANCE TPWD Indoor Grant.doc
Section 7. It is officially found, determined, and declared that the meeting at which
this Ordinance is adopted was open to the public and public notice ofthe time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 8. This Ordinance shall be in force and effect from and after its final passage
and any publication required by law.
Approved on first reading the 15th day of July, 2008.
PASSED, APPROVED AND ADOPTED the 22nd day of July, 2008.
C7Z2:
Mayor (
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ATTEST:
~\~C~
City Secretary
(SEAL OF THE CITY)
ORDINANCE TPWD Indoor Grant.doc