Ordinance No. 14,808 ORDINANCE NO. 14,808
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A VARIANCE TO BRECKENRIDGE GEOPHYSICAL,
LLC, TO SECTIONS 62-5(L)(3) AND 62-6 OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, FOR DYNOSEIS OPERATIONS IN SCOTT BAY; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, Section 62-5(1)(3) of the Code of Ordinances, Baytown, Texas ("the Code")
prohibits dynoseis operations within the corporate limits of the City and 5,000 feet outside such
limits in the extraterritorial jurisdiction; and
WHEREAS, variances may be granted to such prohibition if it would cause unnecessary
hardship if strictly adhered to and when, in the opinion of the City Council, a departure may be
made without destroying the spirit of Chapter 62, Article I of the Code; and
WHEREAS, Section 62-6 of the Code, however, states that '[t]here shall be no variance to
the prohibition of dynoseis operations within the city's jurisdiction"; and
WHEREAS, Breckenridge Geophysical, LLC, nonetheless, has requested that a variance
be granted to allow it to use dynoseis operations only within Scott Bay since vibroseis operations
are not possible;
WHEREAS, after considering the request, the City Council finds that prohibiting dynoseis
operations in the instant case(i) would cause unnecessary hardship if strictly enforced and (ii) the
variance granted herein does not destroy the spirit of Chapter 62, Article I of the Code; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the findings contained in the recitals hereinabove are declared to be
true and correct and are hereby adopted.
Section 2: That the City Council of the City of Baytown hereby grants to Breckenridge
Geophysical, LLC (the"Applicant") a variance to Section 62-5(l)(3)and 62-6 of the Code to allow
it to perforrn dynoseis operations within Scott Bay subject to the following conditions:
a. Applicant must notify the City of the date that it commences dynoseis operations;
b. Applicant shall complete such operations within thirty-six (36) hours thereafter,
subject to weather and equipment failures;
C. Applicant shall comply with all federal, state and local laws and regulations
pertaining to its operations;
d. Applicant shall provide the notice required in Section 62-5(e)(I) of the Code to
owners, residents and business located along the shoreline of Scott Bay where the
dynoseis operations will occur; and
e. Applicant shall obtain a license agreement from the City for any temporary use of
park property, which shall contain such terms and conditions necessary to ensure
that the property and improvements shall not be damaged by Applicant's use and
any such damage shall be restored to as good or better condition than it was in prior
to Applicant's use.
Section 3: Nothing herein shall be construed as to authorize a variance from any other
section of the Code.
Section 4: The variance granted herein shall become null and void in ninety (90) days
from the date hereof unless a permit for the operations subject to this variance has been approved
by the City within such ninety (90) day period. This variance is not intended to act as a
geophysical/seismic testing permit or any other permit that may be required by the Applicant's
operations. Applicant must apply for and obtain all appropriate permits and permissions for its
operations.
Section 5: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 261h day of August, 2021.
DON APE ILL , Mayor
ATTEST: `apYTIOWA,
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ANGELA FACKSON, Int rfitP,,Cit k
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APPROVED AS TO FORM:
KA-FrNT'HORNER, City Attorney
R:\Karen Homer\Documents\Files\City Council\Ordinances\202Mugusl 26\Variance4GeophysicalSeismicTesting.docx
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