This article shall apply, within the corporate limits and within applicable limits
of the extraterritorial jurisdiction of the city, to any activity that is related
to the extraction or removing of rock or materials from the ground or any related
activity and, with respect to such activities, this section shall supplant chapter 21, article III of this Code. Further, it is acknowledged that V.T.C.A., Local Government
Code § 217.042 authorizes home rule municipalities to define and prohibit any certain
activities within five thousand (5,000) feet outside the city's corporate limits.
Where the city council determines by separate ordinance that any extraction operation,
within five thousand (5,000) feet outside the city's corporate limits, is in violation
of this article and as a result of such violation(s) poses a risk to the health and
safety of the citizens of the city, the authority vested in the city by V.T.C.A.,
Local Government Code § 217.042 shall be exercised.
(Ord. No. 87907, § 5, 6-4-98)
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