Ordinance No. 844 .v
ORDINANCE NO. 84
AN ORDINANCE AUTHORIZING THE CITY OF BAYTOYN, THROUGH
ITS DULY ACTING AGENTS, TO GRANT OIL PIPE LINE EASWENTS
F OVER AND UNDER SAID CITY'S PROPERTY TO PRODUCERS OF OIL
WHEN SUCH EASEMENTS WILL BE BENEFICIAL TO SAID PRODUCERS,
AND NOT DETRIMENTAL TO THE CITY OF BAYTOWN AND /OR THE
INHABITANTS THEREIN; AUTHORIZING THE CITY ATTORNEY OF
SAID CITY TO PREPARE SAID EASEIs4ENTS AND PROVIDING THAT
THE CITY MMAGER, DIRECTOR OF PUBLIC WORKS, FIRE MARSHAL
AND THE CHIEF OF THE FIRE DEPARTMENT MUST APPROVE SAID
EASEMENTS; AND PROVIDING THAT A MAJORITY OF THE CITY COUNCIL
A41JST APPROVE THE GRANTING OF ANY AND ALL EASEI,.ENTS BEFORE
THE SAME ARE EFFECTIVE; REPEALING ORDINANCES INCONSISTENT
THEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
BE IT ORDA II `ED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN :
SECTION 1. Statement of Purpose and Intent of this Ordinance. It has been
• brought to the attention of the City Council of the City of Baytown that oil and
gas yells are being drilled, to an increasing degree, within the residential and
commercial areas of the City of Baytown, and that the producers of said wells are
frequently drilling said wells on parcels of land that are too small to facilitate
the operation of battery tanks, slush pits, and similar functions thereon. The
City of Baytown does not at this time have any ordinance expressly authorizing the
granting of pipe line easements to oil and gas producers, and such an ordinance is
deemed necessary and essential so as to eliminate fire and explosion hazards.
SECTION 2. Application for Easements. All applications for pipeline ease-
ments over and /or under City property will be made to the City 1,1anager, and the
City Manager will consult with the Department Heads, particularly the Director of
® Public ;'forks, the Fire Chief, and the Fire Marshal, as to the need for and the
practicality of issuing such easements. If the City Manager, after such consulta-
tion, deems the issuance of an easement to be needful and practical, he will direct
the City Attorney to prepare, or cause to be prepared, said easement.
SECTION 3. Recordation of Easement. The City Attorney is hereby directed to
record all easements that are issued with the County Clerk of Harris County, Texas.
SECTION 4. License Fee. For the purpose of defraying the expenses of admi-
nistration and enforcement of the provisions of this ordinance, the producer shall
pay to the City of Baytown the sum of One Hundred ($100.00) Dollars, as a license
fee for the issuance of such an easement, which sum shall be paid in before the
easement shall be granted. The consideration required for each easement will be
set separately by the City Council.
SECTION 5. Performance Required. Before any producer is granted a pipeline
easement, said producer must agree to abide by all the lairs of the City of Baytown
and the State of Texas, and further agree that the insurance and bond required by
Ordinance No. 73, commonly referred to as the Oil Vbll Permit Ordinance, will cover
the construction, operation, maintenance and /or removal of any pipelines, battery
tanks, slush pits and similar functions, and that the City of Bay-town shall be reim-
bursed for any loss whatsoever suffered by it as a result of the construction, oper-
ation, maintenance, and /or removal of said pipelines, battery tanks, slush pits, and
similar functions.
SECTION 6. Duties of Department Heads and Producers. Each Department Head
is directed to advise the City Attorney as to any terms, provisions, and specifica-
tions that tB, the Department Head, believes should be inserted in each easement for
the purpose of fully protecting the City of Baytown, and if any of the said terms,
provisions and /or specifications are finally approved by the Council, the' of course,
the producer will be fully bound thereby.
SECTION 7. Repealing Clause. All ordinances or parts of ordinances inconsist-
ent with the terms of this ordinance are hereby repealed; provided, however, that
such repeal shall be only to the extent of such inconsistency, and in all other res-
pects this ordinance shall be cumulative of other ordinances regulating and govern-
ing the subject matter covered by this ordinance.
SECTION 8. Saving Clause. If any provision, exception, section, subsection,
• paragraph, sentence, clause or phrase of this ordinance or the application of same
to any person or set of circumstances shall for any reason be held unconstitutiorn 1,
void or invalid, such invalidity shall not affect the validity of the remaining pro-
visions of this ordinance or their application to other persons or sets of circum-
stances and to this end, all provisions of this ordinance are declared to be severable.
SECTION 9. Definitions. The term "Producer" shall include and comprehend any
person, association of persons, corporation, firm or any combination of these, their
agents, servants or employees.
SECTION 10. Effective Date. This ordinance shall take effect immediately after
an affirmative vote by the majority of the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of a zajority of the City
Council of the City of Baytown on this the 17th day of August, A. D. 1950.
ATTEST:
A. WaYd.,
Edna Oliver, City Clerk -2-