Ordinance No. 76. ORDINANCE NO. 76
AN ORDINANCE AMENDING ORDINANCE NO. 73, BEING "AN ORDI-
NANCE LICENSING THE DRILLING OF OIL AND GAS WELLS WITHIN
THE COR.PCHATE LIMITS. OF_ THE CITY OF BAYTM.1 TEXAS; RE-
GULATING THE DRILLING AMID OPERATION OF SUCH WELLS WITHIN
THE CITY; REPEALING ORDINANCES INCONSISTENT THUOUTH;
CONTAINING A, SAVINGS CIAUSE; PRESCRIBING A PENALTY; ,AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF"; THIS ORDINANCE
AMENDING SAID ORDINANCE 73 BY PROVIDING,FCR THE GRANTING
AND REVOCATION OF LICENSESTO DRILL OIL AND GAS TM LS
VaTHIN THE CORPORATE LIMITS OF THE CITY BY THE CITY
COUNCIL; CONTAINING A. SAVINGS CLAUSE; PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
WHEREAS, Ordinance No. 73 adopted by the City Council of the City of Baytown
on the 2nd day of February, 1950, being "An Ordinance Licensing the Drilling of
Qi1 and Gas Dells Tithin the Corporate Limits of the City of Baytown, Texas; Regu-
lating the Drilling and .Operation of Such Yells Tithin the City; Repealing Ordi-
nances Inconsistent Therewith; Containing a Savings Clause; Prescribing a Penalty;
and Providing for the Effective Date Hereof," provided • for the issuance of licenses
to drill oil and gas wells within the City by the City. Manager, with the right of
appeal by applicants to the City Council in the event of the refusal of applica-
tions by said official; and
WDUMS, after further consideration of the matter it is deemed advisable to
place the responsibility of the granting and revoking of such licenses with the
City Council itself:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CC:UNCIL OF THE CITY OF BAYTOWNs
SECTION 1: THAT Section 6, "Issuance of Permit," shall be and the same is
• hereby amended and changed to read as follows:
USECTION 6: Issuance of Permit. Upon receipt of such application for a
.license, the City Manager -s= promptly make, or cause to have made, an
investigation of the proposed location of the well and the willingness
and ability of the applicant to comply with the provisions of the ordi-
nance. After completion of such investigation, he shall submit a report
in writing of his findings and recommendations to the City Council at its
next regular meeting, or as soon as it is practicable to do so. If the
City Council has determined that the applicant has made good and suffi-
cient proof that he can and will comply with the provisions of this
ordinance and that he is qualified and the evidence adduced justifies
issuance of sane, then a resolution shall be entered in the minutes
ordering and instructing the City Manager to issue a license to the appli-
cant."
SECTION 2s THAT said Ordinance No. 73 shall be and the same is hereby further
amended by changing Section 7 thereof, "Appeal to City Council," to read as follows:
"SECTION 7: Right to Refuse Applications. The City Council shall have
• the power, and reserves t e authority, to refuse any application for a
license if, in its opinion, the safety, the health, the comfort, the
convenience, the order or the good government of the City will be
adversely affected by the granting of the license."
® SECTION 3:. THAT said Ordinance No. 73 shall be and the same-is hereby further
amended by changing the words in the second sentence of Section 9 from "by the City
Manager of the City of , Baytown" to read "by the City..Council of the .City of Baytown.',
SECTION 4: THAT said Ordinance No. 73 shall be and the same-is hereby further
amended by changing Section 17, "Revocation of License" to read as follows:'
"SECTION 17:' Revocation of License. The City Council shall have power
_to revoke any cense issu ereunder, if the same was obtained through
error or fraud, or if the recipient thereof is shown to be incompetent
or shall have willfully, negligently or arbitrarily violated the provi-
sions of this ordinance or of the rules and regulations of the Railroad
Commission of the State of Texas; provided, that before any license
shall be revoked, the holder thereof shall have wiritten notice enumerat-
ing the charges against him, and shall be given a hearing by the City
Council, and have an opportunity to produce testimony in his behalf, at
a time and place specified in said notice, which time shall not be less
than three days after the service thereof. The City Council shall have
power to appoint, by an order entered in the.minutes, any competent
�. person to take testimony in such hearing, who shall have power to admi-
nister oaths, issue subpoenas and compel the attendance of witnesses,
and.the decision of the City Council shall be based upon its examination
of'the testimony taken and the records produced.0
SECTION 5: Savings Clause. If any provision,"section, subsection, sentence,
clause -or- phrase of this amendment or the original Ordinance No. 73 itself or the
application of same to said Ordinance No. 73 or to any person or set of circum-
stances is for any reason held to be unconstitutional, void or invalid (or for any
reason unenforceable), the validity of the remaining portions of this amendment
or said - Ordinance No. 73 itself or the application to other persons or sets of
circumstances shall not be affected thereby; it being the intent of the City Council
of the City of Baytown in adopting this amendment that no portion hereof or of the
said Ordinance No. 73 itself or any "provision or regulation contained hereint or,
Ordinance No. 73 itself shall become inoperative or fail by reason of any unconsti-.
tutionality or invalidity of any other portion, provision or regulation,,,and to
this end, all provisions of this amendment and of the -said Ordinance No. 73 itself
are hereby expressly declared to be severable. This savings clause is intended to
apply to the said Chdinance No.; 73 itself as :,well as to thi`s;.amendment= anii.shall-
survive this amendment.
SECTION 6: Effective Date'..; This. ordinince- sha11 ='take, effect from "and after
ten (10) days -from its - passage by the City Councils: The.City Clerk is hereby di-
rected to give notice hereof by.causing the caption -of this ordinance to be published
in the official newspaper of the City of Baytown at least twice prior to the effec-
tive date hereof.
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® INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City
Council of the City of Baytown on this the day of April, A. D., 1950.
ATTESTS
Edna OUver, City Clerk
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HOUSTON LIGHTING & POWER COMPANY
rLECTRIC BUILDING, HOUSTON 1, TEXAS
July 3, 1950
Honorable Mayor and City Council
of the City of Baytown
Baytown, Texas
Gent lemen :
Pursuant to letter agreements effective as./of
January 1, 1945, between this Company and the cities of
Goose Creek and Pelly, Texas, respectively, this Compan�-
installed in the City of Goose Creek, at locations speci-
fied by the City, 94 overhead street lights of 250 candle
power, and installed in the City of Pelly, Texas, at
locations specified by the City, 24 such street lights.
All of these 118 street lights have been - operated by the
Company at its expense and without charge to either City.
Likewise, since the consolidation of the City of Goose
Creek, the City of Pelly, and Baytown into the existing
City of Baytown these lights have been operated by the
�\ Company without cost to the City of Baytown.
The agreements under which this Company installed
said lights provide they are to be operated by the Company
during such time as a certain operating agreement between
the Company and the City of Houston (effective as of
January 1, 19+5) remained in. effect without substantial
amendment or revision. This operating agreement with the
City of Houston was for a primary term of three years,
and was extended for an additional three years, ending
December 31, 1950. It is contemplated the agreement will
be further extended for another period of three years or
for such other period as the parties may mutually determine.
It follows, therefore, that so long as said operating agree-
ment is continued in effect, without substantial amendment
or revision, the Company will continue to operate, without
cost to the City of Baytown, the-118 street lights referred
to in the first paragraph of this letter.
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WJA :mcc
6k
Very truly yours,
HOUSTON LIGHTING & PWER COMPANY
c
en
Vice *President
Im
IN Tt'.N. CITY OF
B AYT O t, N . ' 73,X -,S
-FREE 250 'C R OVERHEAD
t Company
Loca zon
Number
ADOUE and Second-
F-2
ALFRED and
F -49
.5th
" and 7th
F-89
" and 8th
F-54
ALMA and ..Tustin
F -58
- n
F -57
and •.Dallas
Iq—PRICAN and S Jones F-71
_�SHBEL add FI Gulf F-21
" and ;7 Wright � � - F- 90
;AUSTIN and E Homan F -55
BAYLOR and Morrell F -36
Boon -R` EE and Oak F -9.5
C�'LULiBIA and Idorrell F-37
C0�'ii�1RCE and Jack F -4
ti and Marion F -63
a
-',0q-NZ, and Lforrell F -38
DALLAS and E Homan F-56 ;
DECIC3 DR. and W Sterling F-85
and W Defee F -86
and Market St. Ad. F-87
DYER and N Main F -60
E •ADOUE and 5th .F -50
E F«YLE and lstw F -45
� and 2nd F -7b.
and 3rd
re
n'
1 -5
Location v ='
Company
Number
FAYLE and 4th
F -77 ,.
" and 5th
F -47 "
, , .� ►' and 7th
F -78
+ + and N. Main
F -74'
and. N .Alexander
F -79 -.
'E H0_`0 ' and' Houst on
F -54
E JAt.yS. and 6th
F -81
and 7th ..
F -51
and N Alexander
F -82
E TEXAS and Park Dr. .• "
7-83
and -NT •Alexander
F -53
ELM and 7.1 I;6in
11'_96
" and Riggs .
F -97
+, and Miriam
F -98
+, and 'Nazro
F -99 '
FAYLE' and Sth
• F -48
BOLSTER and Kern
" F -100
-VIRST and. E Sterling
F_91.
- ..
+,. and .E ;7right .
•x
� _75 - .�' •
FOURTH and: Hunnicutt
F -1
J0I4ES and Thibadeaux
F. -101 '
FOURTH 'and Lobit -
F -3
ri and ,fright
F -84
•- uIBS4h and S Ml in
' F -102
S' ,MAIN and Graham
F =103, r
v1 ZiAIN.,and ,7illov
F -106 :
S .MAIN, North of - Forrest
F-92
South of Taylor
F -104.
„, ++ and' 17. Main '
F -105
kHAM AND Pruett
F-107
GREEN and N Jones,
F -b5
�+ and. Pruett
F -27
.3ULF and 4th -
-22
' HKRDING -and Pruett
F -108
rAR9RD and- -P;'o..
Trell , , ,
r -39
,0
C:
fi
;F Locataon d i ' ,
F`,Company.
JArFE S and 1st
and 2nd
F-6
and ' 3rd'-%,
F-7
andeAthJ
and Commerce ;' •
F -9
JOH14STON and Oak
F -109
;JONES and King
F -110
LIVE 011K and N Pruett' -
F -28
MORRELL and _N Bain
F -41
" and N Pruett
F -33
" -and Rice
F -35
" and State
.
F -40
NAZRO and S, Pruett
F -111
MEAL and Pruett
F -112
N ASHBEL and Marion.
F -64
N GALLLARD and rl James
,F -69
and I Lobit
-F -68
` ,► " and W! Uright
F770
N MkIN and Hines ,
F-59
and E Homan
F -43
" " and E James
F -44'
„ Fr and ',1'arian
F -62
and Forrest
F -61
" it and•Stevart
F -42
N JONES, Notth of W Adoue
F -66 '
and 71 Lobit
F767
N PRi8TT and 117 Adoue
F -26
and ''T! Francis
F -31
h It and Y1 Homan
F-307
rr " and "1 Jack
F -25
and TV Sterling i
F -23
and IY Murrill
F -24
and Scott
F -29 '
OAK and. Daniel
F -113
and Turner
F -114
CAUSE1AY.RD. and Travis
F -116
". " bet. Bolster and Bogie,
F -115'
i If
A ' Locatioh i „ r f �,' ,�' +r r
r C'om an 4.
f ;; "' ,,= �! '►: :�
-Number, ..y
.; Pk�C and N Pruett ��_� <"
F -32
®
C i
PEARL and - 8th r,'
Y`Y
F -93 L 1
p
S PRUETT and' Republic � $'' r
7-20 �
and St imps on
and J Defoe
F -16
it it and N Gulf
F-'18
and V1 Humble
F -19
N PRUETT and r tobit
F -34
n „ and 'Pearce
and N of .Daniels
F -117
SIXTH and a Wright _
F -52
3 A3HBEir and W, Republic
F-73
S GAILLARD and VV Humble
F -72
TEXAS and , 2nd
'F -11
" and 3rd
F -12
and 4th
F -13
„ and
,
F -14
.5th
and-6th
Fr15
7 TEXAS bet. Decker Drive? and Vih- iting(2)F
-88
-
F -8.9.
E WRIGHT and 2nd
F -10