2014-395s:\legal\our documents\ordinances\14\joint public hearing pz-council.doc
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WHEREAS, the Dentan City Cauncil pursuant to its home rule powers, its zoning
authority under Chapter 211 of the Texas Local Government Code and pursuant to other Texas
statutory authority, has adopted ordinances and regulations that pertain to gas well drilling and
productian activities; and
WHEREAS, an May 6, 2014, the City Council adopted a Gas Well Moratarium
Ordinance, which was later amended on June 17, 2014 and September 9, 2014, ta allow for the
review and update of regulations applicable to gas well drilling and praductian activities; and
WHEREAS, the maratorium was enacted in response to a multitude of environmental
and land use compatibility concerns regarding the City's ardinances and regulations naw
applicable to gas well drilling and production activities, including but nat limited to, health,
water quality, air quality, noise, lighting, truck traffic, dust vibrations and other nuisances; and
WHEREAS, the City Council received these environmental and land use compatibility
concerns, even though the City Council had adopted an January 15, 2013 (Ordinance No. 2013-
014) amendments ta the City's ordinances and regulatians applicable to gas well drilling and
productian activities; and
WHEREAS, the City Council determined that the City's ordinances and regulations
needed to reviewed and updated once again sa as to address these environmental and land use
campatibility concerns; and
WHEREAS, the City Cauncil directed City Staff to research and pravide recommended
amendments ta the City's ordinances governing gas well drilling and production activities; and
WHEREAS, City Staff has prepared recommended amendments to the City Council's
and Planning and Zoning Commission's review, however, since the Gas Well Moratorium
Ordinance expires on January 20, 2015, and due to the upcoming end-of-year holiday season, the
City desires to hold a joint public hearing with the Planning and Zoning Commission; and
WHEREAS, pursuant to Texas Local Government Code §211.007, the City Council
desires ta have a joint public hearing with the Planning and Zoning Commission on December
16, 2014 at the City Council Chambers at 6:30 p.m, regarding the proposed amendments to the
City's ordinances and regulations governing gas well drilling and production activities; and
WHEREAS, pursuant to Texas Local Government Code §211.007(d), the City Council
wishes to prescribe notice of the time and place of the joint public hearing in a manner that is
efficient and economical; and
WHEREAS, by a two-thirds vote af the City Council, as required by Texas Local
Government Code §211.007(d) the prescribed notice of the joint public hearing shall be as
hereinafter set forth within this ordinance; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. That the Denton City Council and the City of Denton Planning and Zoning
Commission shall conduct a special called joint public hearing pursuant to Texas Local
Government Code §211.007(b) on Tuesday, December 16, 2014 at the City Council Chambers
located in City Hall at 215 East McKinney Street in Denton, Texas, at 6:30 p.m. to receive public
input, consider, make recommendation, and/or take appropriate action concerning a proposed
ordinance amending the City's ordinances and regulations governing gas well drilling and
production activities.
SECTION 2. That the notice of the time and place for the joint public hearing on
Tuesday, December 16, 2014 shall be given on two separate occasions as follows:
a. Before the 15t�' day before the public hearing, a notice of the date, time and place
of the public hearing shall be published in the Denton Record-Chronicle in two
separate places; the legal notice section and another location in the newspaper
separate from the legal notice section; and
b. Before the 7t" day before the public hearing, a notice of the date, time and place of
the public hearing shall be published in the Denton Record-Chronicle in two
separate places; the legal notice section and another location in the newspaper
separate from the legal notice section.
SECTION 3. The notice provided for herein is authorized by Subsection 211.007(d) of
the Local Government Code. This ordinance and the notice requirements contained within this
ordinance supercede any other notice requirements set forth in state law and other City of Denton
ardinances including without limitation the notice requirements set forth in Subsections
211.006(a) and 211.007(b) and (c) of the Local Government Code and Subsection 35.3.4.C.2 of
the Denton Development Code.
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SECTION 4. The Planing and Zoning Commission may make its recommendation to the
City Council concerning the proposed amendments to the City's ordinances and regulations
applicable to gas well drilling and production activities at the same joint public hearing meeting
or may defer its recommendation to a later Planning and Zoning Commission meeting. If the
recommendation is deferred to a later Planning and Zoning Commission meeting such
recommendation may be referred to the City Council at any special or regular City Council
meeting regardless of the time between such Planning and Zoning Commission meeting and City
Council meeting.
SECTION 5. This ordinance supercedes the provisions of any other ordinance on the
same subject matter to the extent of a conflict.
SECTION 6. The findings contained in the preamble of this ordinance are incorporated
herein as if fully set forth within the body of this ordinance.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval.
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PASSED AND APPROVED this the �". day of _���`����`�*�"�`������ �° , 2014,
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
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ANITA r3�1�1��GESS, CITY ATTOI��P1^sY
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C,1 � �� � � . I �., MAYOR
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