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2014-276s:\tegat\our dacuments\ordinances\14\maratorium ardinance amendment for 9-9-14 (clean-2).docx � r � . � � � * . � • � . . � � � � . � 1 . • � � � : �.*; . �, � � � �; � �. . .�� . � �. . �� • ,; � ;� � � � � �; . . � . � . � . � R •; �,. �, '. L. � � �. ..� � '. •�. �� ♦ ♦ � � ' � '. • �: �: � `... � � ` • !� � • �' �, .... • : � �: .. � '�. •: �� ♦� 1. �.. ��. �. � �.. � � ��. � ��. i �.. � �' ...� � ! �. � ' �� ♦ , �.. •.:� • � ��. , .. � � � ��. � •: � �� R. : . 1. � � � ♦ .:�.. ��.. • � ♦. �.. �: ,. •. [ � � !� • ,. .� •� , . :, � ��... , : ... :• , � ♦ 1. �.. �. �. . � � �� 1 . .: • � .. i •� , .. ,� • !. : i •� . � � . �..' 1 ��. � l� �� .. � ��. 1. : .: ♦ �... , 1� 1. . , • •�. • � �. •: �, . � . i. . � � . � � •.� � � ��. • •� . • •. �� /� ! � �� i. . ,�. . .. � 1, 1. ��. �� .: �. .. , . 1 �� ♦�.:. � � � [ . .��: � � •: �. ,�� . ♦ , � WHEREAS, the City Council of the City af Denton, Texas adapted Ordinance No. 2014- 137 (the "Moratorium Ordinance") on May 6, 2014, the terms of which are incorporated by reference, which Moratorium Ordinance imposed until midnight af September 9, 2014, unless earlier terrninated by the City Council, a moratorium on the receipt, pracessing and approval of certain applicatians seeking authorization for gas well drilling and production activities, as prescribed therein, within the corporate limits of the City of Denton, Texas; and WHEREAS, the City Council amended the Moratorium Ordinance on June 17, 2014 by adopting Ordinance No. 2014-192, ta clarify certain exemptions contained in the Moratorium Ordinance, specifically by revising existing exemptions and by adding additional exemptions; and WHEREAS, the Moratorium Ordinance was adopted to address significant and campelling environmental and land use compatibility cancerns associated with gas well drilling activities occurring in close proximity to residential and other protected uses that have resulted in negative and deleterious effects an Denton citizens; and WHEREAS, as set farth in the Moratarium Ordinance, the City is reviewing its municipal ordinances and regulatians to provide for a fair and equitable system of regulations relating to gas well drilling and production activities sa as to pratect 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, the City anticipates that a draft of an ordinance enacting additional regulatians relating to gas well drilling and production activities and the procedures related thereto will be forthcaming in the immediate future, however additional time beyond September 9, 2014 is necessary to camplete a draft of an ordinance and to present it before the Planning and Zaning Commission and the City Cauncil; and s:\legal\our documenYs\ordinances\14\moratorium ordinance amendment for 9-9-14 (clean-2).docx WHEREAS, in addition ta extending the Moratorium Ordinance, the exemptions listed in Section 3 of the Moratorium Ordinance need clarificatian ta address ambiguities concerning the text of certain exemptions; and WHEREAS, the Planning & Zoning Commission held a public hearing on August 27, 2014, and upan canclusion of said hearing, the Planning & Zaning Commission recammended that the Moratorium Ordinance be extended beyond September 9, 2014 and that the Moratorium Ordinance's exemptions be further clarified by amendment; and WHEREAS, the City Council held a public hearing on September 9, 2014, and upon conclusian of said hearing, the City Council finds and has determined that additional time is required to allow for public review of the draft regulations before the Planning and Zoning Cammission and the City Council; and WHEREAS, the City Council further finds that it is in the best interest of the City and the public to extend the moratarium ta a date certain in order to allow far the completion of regulatory changes to the City's ordinances governing gas well drilling and praduction activities and the procedures related thereto; and WHEREAS, the City Council additionally finds and has determined that it is in the best interests of the City to clarify the exemption provisians and to resolve any ambiguities presented in the Moratorium Ordinance regarding such exemptians by amending same; NOW, THE'�'F'o�'y 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. Section 3 of Ordinance No. 2014-192, which ordinance amended Ordinance No. 2014-137, is hereby amended to read in its entirety as follows: SECTION 3. The following applications are exempt from the moratorium: a. Applications for Fire Code operational permits relating to gas well drilling and production activities, which are subject to and consistent with an approved gas well permit issued pursuant to DDC Subchapter 22, as amended by Ordinance Nos. 2013-014 and 2013-304; b. Applicatians for gas well permits, which are subject to and cansistent with a gas well development site plan approved pursuant to DI7C Subchapter 22, as amended by Ordinance Nos. 2013-014 and 2013-304; and c. Applications that are in sequence with the applications described in subsectians (a) or (b); Page 2 s:\legal\our documents\ordinances\14\moratorium ordinance amendment for 9-9-14 (clean-2).docx d. Applications for Fire Code operational permits as they relate to annual inspections, or the burning of gases via open flame, of those gas wells currently in production; e. Applications to vacate all, or a portion of, land areas within gas well development plats approved pursuant to the gas well drilling and production regulations in effect prior to the adoption of Ordinance Nos. 2010-181 and 2010-196; or f. Applications for permits relating to the drilling of wells, which do not require hydraulic fracturing, in conjunction with the injection or storage of natural gas as personal property beneath tlie surface of the earth. SECTION 3. The moratorium established by Ordinance No. 2014-137, as amended by 2014-192, is hereby further extended until midnight of January 20, 2015 under the terms as herein amended, unless earlier terminated by ordinance of the City Council implementing amendments to the City's ordinances governing gas well drilling and production activities and the procedures related thereto. SECTION 4. 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. S�:s�`1"IC3� 5. 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 6. This Ordinance shall take effect upon its passage and shall remain in effect until midnight January 20, 2015, unless earlier terminated by ordinance of City Counci�: I'�1`��C^r�� I�I� t1,�'�'��V�l� tfl1� '`��'��"� �lizy af: 'f,��'�' ',�`��,��t�'��'�,., 2014,;,t �� , , °� � t ��k� �, �? ,�� -,� �,�� _..� CHRI��r�'��rI'�, MAYOR Page 3 s:\legal\our documents\ordinances\14�anoratorium ordinance amendment for 9-9-14 (clean-2).docx .' � . ', • r' ' . • ' r ,f j' BY: �� "� �� f .�` .. � �t'i'� �v1�T� ,h� °iCJ LEGAL FO . ANITA BURGESS, CITY ATTORNEY ,� � �'r .*�' ,� � _ . r�' �� r u. BY: � °`��. -�.,_��,� �� .�.��.a,�� . _. , ,