2012-368s:llegal\our documentslordinances\1214th amendment to gas well moratorium ordinance-draft version.doc
ORDINANCE NO. 2� 12-36g
AN ORDINANCE AMENDING ORDINANCE NO. 2012-024, AS AMENDED BY
ORDINANCE NOS. 2012-126 AND 2012-131, ESTABLISHING A MORATORIUM ON
CERTAlN GAS WELL PERMITS FOR GAS WELL DRILLING AND PRODUCTION
ACTIVITIES WITHIN THE CORPORATE LIMITS OF THE CITY OF DENTON, TEXAS;
PROVIDING FOR AN EXTENSION OF THE MORATORIUM; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING A SEVER.ABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, is a home rule municipality located in Denton
County; and
WHEREAS, the City Council of the City of Denton is aware .of an increased interest in
gas exploration and production in the North Central Texas area; and
WHEREAS, the City Council has received from the public various environmental and
land use compatibility concerns regarding the inadequacy of the City's ordinances and
regulations now applicable to the Gas well drilling and production activities (as hereinafter
defined), including, but not limited to, health, water quality, air quality, noise, lighting and
nuisances; and
WHEREAS, the City Council has conducted such investigations as it deemed necessary
to determine the state of regulations now applicable to the Gas well drilling and production
activities under the current ordinances and regulations of the City of Denton; and
WHEREAS, the City Council, after due and careful consideration, finds that there are
significant and compelling environmental and land use compatibility concerns associated with
the Gas well drilling and production activities that the current regulations may not be adequate to
address; and
WHEREAS, the City Council believes that it is reasonable and necessary to update
municipal ordinances and regulations to provide for a fair and equitable system of regulations
relating to the Gas well drilling and production activities so as to protect the property interests of
mineral estate owners while protecting the rights, opportunities and property interests of surface
estate owners and citizens of the City of Denton, Texas; and
WHEREAS, it is important and necessary to preserve the status quo while a review and
update of these regulations are being developed and implemented to ensure compatible land uses
that do not negatively impact property values or neighborhood character; and
WHEREAS, the City Council of the City of Denton, Texas adopted Ordinance 2012-024
(the "Moratorium Ordinance") on February 7, 2012, 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
s:llegal\our documentslordinances11214th amendment to gas well moratorium ordinance-draft version.doc
WHEREAS, the City Council extended the Moratorium Ordinance for an additional
period of 120 days by Ordinance No. 2012-126, which ordinance expires on October 4, 2012;
and
WHEREAS, the City Council extended the Moratorium Ordinance for an additional
period of 75 days by Ordinance No. 2012-231, which ordinance expires on December 18, 2012;
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, the City Staff has prepared a draft of the ordinance enacting additional oil
and gas well standards and procedures, which draft has been further revised two times; and
WHEREAS, the draft ordinance was first posted on the City's website on October 2,
2012, a second revised draft ordinance was posted on October 19, 2012, for the purpose of
soliciting public review and input; and
WHEREAS, both the first and second draft ordinance versions were presented before the
Gas Well Drilling Taslc Force at two public hearings, on October 1 and 22, 2012, at which the
public was provided the opportunity to comment on both versions of the draft ordinance; and
WHEREAS, on October 24, 2012, City Staff presented the second draft ordinance
version to the Planning and Zoning Commission at a public hearing, which public hearing was
continued for two additional Planning and Zoning Commission regularly scheduled meetings, on
November 14 and 28, 2012, so as to solicit as much public comment on the draft ordinance; and
WHEREAS, City Staff prepared a third revised draft ordinance version and presented it
to the Planning and Zoning Commission at its November 28, 2012 regularly scheduled meeting;
WHEREAS, at this same meeting, the Planning and Zoning Commission recommended
that the third draft ordinance version be adopted by the City Council; and
WHEREAS, on December 18, 2012, the City Council conducted a public hearing
regarding the third draft ordinance version, and based on the public comments made and the
discussions had, the City Council finds and has determined that additional time is required to
fully evaluate all proposed ordinance changes; and
WHEREAS, the City Council further finds that it is in the best interest of the City and the
public to extend the moratorium to a date certain in order to allow for the completion of
regulatory changes to the City's ordinances governing Gas well drilling and production activities
and the procedures related thereto; NOW THEREFORE,
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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 established by Ord. No. 2012-024, and as amended and
extended by Ord. Nos. 2012-126 and 2412 231, hereby is further extended until and including
February 20, 2013 under the terms as herein amended, unless sooner terminated on the effective
date of an ordinance adopted by the City Council implementing amendments to the gas well
permit regulations contained in Chapter 35-22 of the Denton Development Code, pursuant to the
recommended changes to the regulations by City staff, as charged in Section 3 of the Moratorium
Ordinance.
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 are 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.
SECTION 8. This Ordinance shall take effect upon its passage.
PASSED AND APPROVED this the 18th day of December, 2012.
MARK A. OU S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
��
BY:
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
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