HomeMy WebLinkAboutR2012-046s:Uegallour documentslresolutions112\gas well vested rights resolution for 83rd legislative session.doc
RESOLUTION NO. R2012-046
A RESOLUTION OF THE CITY OF DENTON, TEXAS, IN SUPPORT OF THE PASSAGE
OF LEGISLATION DURING THE 83rd STATE LEGISLATIVE SESSION THAT WILL
CREATE AN ADDITIONAL EXEMPTION TO THE "VESTED RIGHTS" LAW, TEX.
LOCAL GOV'T CODE, CHAPTER 245, WHICH WILL ALLOW LOCAL GOVERNMENTS
TO ENACT ORDINANCES RELATING TO HEALTH AND SAFETY REGULATIONS AS
APPLIED TO GAS DRILLING AND PRODUCTION ACTIVITIES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas (the "City") is a duly incorporated municipality
located in Denton County, created in accordance with the provisions of Chapter 8 of the Local
Government Code, and operated pursuant to the enabling legislation of the State of Texas; and
WHEREAS, the City overlays that gas producing formation located in North Texas
known as the "Barnett Shale"; and .
WHEREAS, mineral owners and gas well operators desire to develop the gas reserves
contained in the Barnett Shale; and
WHEREAS, gas drilling in urban areas creates unique challenges to the health and safety
of citizens residing in these areas where drilling occurs, necessitating the ability of the local
governmental body to balance the interests between mineral interest owners, gas well operators,
and the health and safety concerns of their citizens; and
WHEREAS, the "vested rights" law of the State of Texas, Tex. Local Gov't Code,
Chapter 245, fails to acknowledge and balance these interests by applying vested rights concepts
equally to commercial and residential building proj ects and gas well drilling, leaving citizens
subjected to the burdens of gas well drilling without proper recourse; and
WHEREAS, these complex interests are best addressed at a local level; and
WHEREAS, the State of Texas should amend Tex. Local Gov't Code, Chapter 245 to
allow local governments to address these concerns and protect their citizens; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council of the City of Denton, Texas, does hereby support the
passage of legislation during the 83ra State Legislative Session that will enable a local
government to pass legislation to protect the health and safety of its citizens as it concerns gas
well drilling and production within the boundaries of the local government.
s:llegallour documentslresolutions112\gas well vested rights resolution for 83rd legislative session.doc
SECTION 2. The City Council of the City of Denton, Texas supports the addition of an
additional exemption to Tex. Local Gov't Code, Chapter 245 substantially as follows:
Section 245.004 Exemptions.
This chapter does not apply to:
(12) Municipal or County health and safety regulations related to gas
drilling and production activity.
SECTION 2. City staff is directed to take all necessary steps to obtain the support of
other cities and counties impacted by gas well drilling and production activities to insure passage
of this legislation by the Texas Legislature.
SECTION 3. This Resolution shall be effective from its date of adoption.
PASSED AND APPROVED this the /��`L day of L��/�6-[°� , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ` � �
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: .
MARK A. U S, MAYOR
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