01-15 - O4979 2156
TOWN OF PROSPER, TEXAS
ORDINANCE NO. O 1 - I
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, PROHIBITING
DRILLING AND MINING IN PROSPER; PROVIDING FOR DEFINITIONS;
DECLARING DRILLING AND MINING TO BE A PUBLIC NUISANCE;
PROVIDING FOR SEVERABILITY, SAVINGS AND PENALTY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council') has
investigated and determined that it would be in the best interest of the Town of Prosper, Texas
("Prosper") and its inhabitants to prohibit drilling and/or mining within Prosper; and
WHEREAS, the Town Council finds that prohibiting drilling and/or mining in Prosper
will help protect the health, safety and welfare of the citizens of Prosper.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Definitions. For purposes of this Ordinance, the following definitions
shall apply unless the context clearly indicates or requires a different meaning:
"Drilling and/or Mining" means any activity which is intended to produce, save or
make available any oil, gas, sulphur, fissionable materials or other minerals in and under the
land, and is illustrated by, but not limited to, the following:
1.
investigating
2.
exploring
3.
prospecting
4.
drilling; and/or
5.
mining
ORDINANCE PROHIBITING DRILLING AND MINING - Page 1
L:\MBOX4\PROSPER\Ordinances\DriIling Ordinance.wpd/070501
Y,. 4979 2157
"Person" means a natural person (individual), corporation, company, association,
partnership, firm, limited liability company, joint venture, joint stock company or association,
and other such entity.
SECTION 3: Drilling and Mining Prohibited. It shall be unlawful for any person to
commit any drilling and/or mining in violation of this Ordinance and/or to permit any such
violation of this Ordinance.
SECTION 4: Drilling and Mining Declared a Public Nuisance. The presence of any
drilling and/or mining within Prosper in violation of this Ordinance is hereby declared to be a
common and public nuisance.
SECTION 5: Penalty. Any person, firm, corporation or business entity violating this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under
this Ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all
legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 6: Savings/ftealin Clause. All provisions of any ordinance in conflict
with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall
not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal
prevent a prosecution from being commenced for any violation if occurring prior to the repeal of
the ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 7: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
ORDINANCE PROHIBITING DRILLING AND MINING - Page Z
L:\MBOX4\PROSPER\Ordinances\Drilling Ordinance.wpd/070501
4979 2158
•
L-.A
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 8: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this
ATTESTED TO AND
CORRECTLY RECORDED BY:
Alt )AO-L) X-
AMBER PHIL IPS
Town Secretary
day of2001.
AMES DUNMIRE, MAYOR
APPROVED AS TO FORM:
III I I I A �Ijyj'k
ABERNATHY, ROEDER, BOYD,
& JOPLIN, P.C.
RICHARD M. ABERNATHY
REBECCA BREWER
Town Attorneys
DATE(s) OFPUBLICATION Atka I Is T B - A" I , in the 1 I [ A< C (1YM 0c urf e+ 6a zet4 -
ORDINANCE PROHIBUING DRILLING AND MINING - Page 3
L:\MBOX4\PROSPER\Ordinances\Driffing Ordinance.wpd/070501
ti f tef wurd-10� j ,
4979 2159
My of Prosper
P.O. Boot 307
Prosper, TX 75078
ANY FRrMSION HEREIN WFRCN RE;iFHA�6 TiIE SAL{ A { OR U$E OF THE
DESCRIBED R AL PHO►ER1Y BECA�i OF COLOR QR �€ I$ INVALID AND
UNENFORCEABLE UNDER FEDERALL4"
(THE STATE Of TEXAS) ftOUNTY OF COLLIN)
I hereby canny that this Instal will 11!_kp in the File NtiRdw Sepuence on the date
and the lime damped hereon by mC and was duly RECORDED, in the Official Mic
Records of Real Property of Collin County, Tees on
AUG 10 2001
i i]��d f�r RTcor¢� n:
Co.. in out y, f c inney TX
Honorable Helen Starnes
Collin County Clerk
On ALL 10 2001
At 1�:30pr.T
Doc/Nuns : 2001- 0099607
Recordii /Type:OR 15.00
Receipt #: 26001
t
r'1
�J
•