1989-07-24 Regular Meeting - Laserfiche WebLink

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ORDINANCE N0. (5) Terms of Permit • Page 10 (a) Observe a 300' distance from any dwelling or water well. (b) written agreement to cover any water well damage effective for ninety (90) days after completion of work. (c) Employ at least one (1) La Porte police officer (off duty) to accompany the work crew while testing on City right-of- way, and provide 24-hours notice to the Chief of Police. (d) Obtain written permission from citizens to enter their property.. SECTION 16-29: EXPLOSIVES No explosives shall be used. SECTION 16-30: NOTICE OF TIME AND PLACE OF USE OF TESTING METHODS No geophysical method of mineral exploration shall be used under this permit without the permittee having first on the date of such proposed use, notified the City Secretary and City Manager of the proposed time and location of the planned use. In the event the City Secretary is not available, notice shall be given to the Chief of Police in addition to the City Manager and if he is not available, then to any police personnel of the City. No testing shall be conducted on Sunday, nor between the hours of 8:00 p.m. and 6:00 a.m. local time. Notice shall also be given of the name of the person in charge of the testing for the permittee for the day on which notice is given. In addition, written notice of such testing to the occupants of all dwellings located within two thousand feet (2,000') of the test site at least twenty-four (24) hours prior to the testing. Section 2. That in the event any section, or part of section or provision of this Ordinance be held invalid, unconstitutional, or inoperative, this shall not affect the validity of the remaining sections, or parts of sections of this Ordinance, but the remainder of the Ordinance shall be given effect as if said invalid, unconstitutional or inoperative section, or part of section or provision, hand not been included. In the event any penalty, right or remedy created or given in any section or part of this Ordinance is held invalid, unconstitutional or inoperative, this shall not affect the validity of any other penalty, right or remedy created or given either in the whole Ordinance or in the Section thereof containing such invalid, unconstitutional or inoperative part, and if .any exception to or any limitation upon any general provision herein contained shall be held to be unconstitutional or invalid, the general provisions shall nevertheless stand effective and valid as if the same had been enacted without such limitation or exceptions.