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HomeMy WebLinkAboutCC Ord 644 Tabled I I I \"" \ . -" I ~'" - ... -TABL-t;:D CITY OF SEAL BEACH ORANGE COUNTY, CALIFORNIA ORDINANCE NO. (, J.fl.{.. AN ORDINANCE AMENDING THE CODE OF THE CITY OF SEAL BEACH, CHAP'l'ER 15, RELATING TO AND PROHIBITING OIL-DRILLING OPERATIONS GENERALLY. . THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: . . SECTION 1. Chapter 15, of the Municipal Code of the Cit:y, of Seal Beach entitled '~il-Drilling, etc., Operations Generally' is hereby amended by adding the following language: . "Sec. 15-18.1 Oil-drilling, etc., Operations Generally." It is further declared to be unlawful and a nuisance for any person, whether as principal, agent, servant, employee or otherwise, to drill any well for 6il, gas, or other hydrocarbon substances under, or within those portions of the territorial limits and bound- aries of the city lying landward from the Pacific Ocean or produce oil or gas or other hydrocarbon substances from any well so located, or to erect, construct or install, or cause to be erected, constructed or installed, or to work upon or assist in any way in the erection, construction or installation of any derrick, macliinery or other apparatus or equipment designed or intended to be used for the pur- pose of drilling or producing any such well located landward from the Pacific Ocean, except that the provision hereof shall not apply to the land and territory lying within the area commonly known as the United States Naval Ammunition and Net De{lot, and further, the fore- going shall not apply to any territory wInch may be annexed to the city from and after January 1 1956. The acts prohibited in this section include, but are not limited to, the act of drilling any such well under the surface of such territorial limits and boundaries of the city by slant drilling, the drilling operations for which are commenced outside of the territorial limits and boundaries of the city. SECTION 2. SEVERABILITY If any section, sub-sectioQ, clause, phrase or por- tion of this Ordinance or the application thereof to any person, firm corporation, or circumstance is for any reason held to be invalid or unconstitutional by the decision of any court of comI>etent jurisdic- tion, such decision shall not effect the validity of the remaining portions of this ordinance. The Council of the City of Seal Beach hereby declares that it would have adopted this Ordinance and each section, sub-section, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more section, sub-section, sentences, clauses, phrases, at portion be declared invalid or unconstitutional. I I I Ordinance Number. " ~ SECTION 3. EFFECTIVE DAm This Ordinance shall take effect thirty (30) days after its adoption, shall be certified as to its adoption by the City Clerk and shall be published once in , a newspaper of general circulation, circulated in the City ot Seal Beach. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach .at an adjourned meeting thereof held on the day of , 1964. --- Mayor ATmST: F. w. HICKMAN City Clerk I HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. . , passed and adopted by the City Council of the City of Seal Beach at a regular meeting thereof held on the day of , 1964. DATED: F. W. HICKMAN, City Clerk By Deputy ROLL CALL VOTE: AYES: NOES: ABSENT: - 2 - I I I Ordinance Number" , .. MEMORANDUM TO: City Manager Inasmuch as Sec. l5-l8 of the Municipal Code relating to Oil- Drilling Operations was enacted by initiative proceedings, said section cannot be amended except by similar proceedings. It would appear however that the City Council is not prevented from passing an additional Ordinance which does not purport to interfere with or contradict the original enactment. As a result, I see no reason why this cannot be enacted as Sec. l5-l8.1. I have made some inquiry, but have been unable to ascertain as yet whether or not this field has been preempted by the State of California; however, the burden would be on the oil companies to establish such preemption and therefore probably this should not be a deterrent to any action on the part of the City Council should the Council desire to pass the Ordinance. O/ZP. /t/& ~ f' t? - 7i1;fJ~~r:;J " ~"4'7'JJe/~~/..e/~) ,v~r /",-I'Q~ c.L "to"e;; . /tI 0 ~ //..J- ~"z?4'R~/e P.lf?~aE"5 //It?7/PH /ta) /I-~o/Y ;7~~; d:?t!rIf1~./;,ro Ae~~. c7'~E /n?~(? .J I I '"