2012-126ORDINANCE NO. 2� 12-126
AN ORDINANCE AMENDING ORDINANCE NO. 2012-024 TO EXTEND FOR AN
ADDITIONAL 120 DAYS THE MORATORIUM ON THE ACCEPTANCE OR
PROCESSING OF CERTAIN APPLICATIONS FOR PERMITS TO AUTHORIZE OIL AND
GAS EXPLOR.ATION AND PRODUCTION ACTIVITIES AND OTHER MINERAL
EXPLORATION AND PRODUCTION ACTIVITIES (COLLECTIVELY, "MINERAL
ACTIVITIES") WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON, TEXAS;
DIRECTING THE CITY STAFF TO COMPLETE A COMPREHENSIVE REVIEW OF THE
CITY'S ORDINANCE GOVERNING THE MINERAL ACTIVITIES AND PROCEDURES
RELATED THERETO AND TO PROPOSE REVISIONS THERETO; PROVIDING FOR A
METHOD OF REPEAL OF THIS MOR.ATORIUM; PROVIDING A PROCEDURE FOR A
VARIANCE FROM THIS MORATORIUM; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas adopted Ordinance 2012-024
(the "Moratorium Ordinance") on February 7, 2012, the terms of which are incorporated by
reference, which Moratorium Ordinance imposed a 120-day moratorium on the receipt,
processing and approval of certain applications for permits to authorize oil and gas exploration
and production activities, as prescribed therein, within the corporate limits of the City of Denton,
Texas; and
WHEREAS, as part of the Moratorium Ordinance, the City Council directed City Staff to
complete a comprehensive review of the City's ordinances governing Mineral Activities and the
procedures related thereto and to propose revisions thereto before the end of the Moratorium
Ordinance's 120-day period; and
WHEREAS, the City Staff, working with the Gas Well Drilling Task Force, has
conducted research, has received and reviewed public input from 12 public hearings conducted
by the Gas Well Drilling Task Force, has reviewed the studies and report by the Denton
Stakeholder Drilling Advisory Group, and has presented to City Council a preliminary report of
said research, findings and activities; and
WHEREAS, City Staff has not concluded their charge as directed by City Council in the
Moratorium Ordinance insofar as City Staff has not yet submitted to City Council proposed
regulatory changes to the City's ordinances governing Mineral Activities and the procedures
related thereto; and
WHEREAS, City Council has also expressed a desire to fully evaluate all proposed
regulatory changes during a series of regular meetings; and
WHEREAS, the 120-day moratorium period referenced in the Moratorium Ordinance
expires on June 6, 2012; and
WHEREAS, the City Council finds and has determined that additional time is required to
complete the drafting and evaluation of all proposed regulatory changes governing Mineral
Activities and the procedures related thereto; and
WHEREAS, the City Council further finds that it is in the best interest of the City and the
�ublic to extend the moratorium for another 120 days to allow for the completion of regulatory
changes to the City's ordinances governing Mineral Activities and the procedures related thereto;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. All of the above recitals are hereby found to be true and correct factual and
legislative determinations of the City of Denton, Texas and are hereby approved and
incorporated by reference as though fully set forth herein.
SECTION 2. The moratorium on the acceptance or processing of certain application for
permits to authorize oil and gas exploration and production activities and other mineral
exploration and production activities as set forth in, and all other matters prescribed by,
Ordinance No. 2012-024, incorporated by reference, is hereby extended for an additional 120
days, from June 7, 2012, through October 4, 2012, unless sooner terminated prior to that time by
action of the City Council.
SECTION 3. This Ordinance shall be cumulative of all provisions of the ordinances of
the City of Denton, Texas, as amended, except where the provisions of this Ordinance axe in
direct conflict with the provisions of such ordinances, in which event the terms of this
Ordinance, during its effectiveness, shall prevail over any other conflicting ordinances or
provisions thereof.
SECTION 4. It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this Ordinance shall be declared void,
ineffective or unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same
would have been enacted by the City Council without the incorporation herein of any such void,
ineffective or unconstitutional phrase, clause, sentence, paragraph or section,
PASSED AND APPROVED this the � day of , 2012.
MA A. U GH , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY: Ll.