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2015-013FILE REFERENCE FORM 2015-013 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Amended b Ordinance No. 2015-107 04/14/15 JR s:Uegal\our documents\ardisf�onces\14\moratariuol� ordinance am�ndment f'or i-6-15 - cc approved clean versioal.docx #" � � • � ` � . �•� . . � ��R . # � � • � � � . #� � � • 1 � ' � � 1'� . • i �'' • • �� ! � � , �� . � . . . * .; �. � . �. � ., . . ..� . � ....� . � � . .•� . * !' ' ' '' #' ''�' ' � � � • � ` � • �'' � # #'' ' . , . . � � � � • �' � � '' •' ' � . . � . • ! '' � � ! • . . . • �` • '' ' � ` � •' ' ` ` � • `'' ' • •'' ' • i !'' ' • # • . . . . . � . � �, � � '' ' � �' • . � � � . . . *, .. � � . . � ..� 1 . •.; . . � .., � . l.. WHEREAS, the City Cauncil of the City of Denton, Texas adopted Ordinance No. 2014- 137 (the "Moratarium Ordinance") on May 6, 2014, the terms of which are incorporated by reference, which Moratarium Ordinance imposed until midnight af September 9, 2014, unless earlier terminated by the City Council, a moratorium on the receipt, processing and approval of certain applications seeking authorization for gas well drilling and production activities, as prescribed therein, within the carporate limits of the City of Denton, Texas; and WHEREAS, the Maratorium Ordinance was adopted to address significant and compelling enviranmental and land use compatibility concerns associated with gas well drilling activities occurring in close proximity to residential and other protected uses that have resulted in negative and deleterious effects on Dentan citizens; and WHEREAS, as set forth in the Moratorium Ordinance, the City is reviewing its municipal ordinances and regulations to provide far a fair and equitable system of regulations relating to gas well drilling and production activities so as to protect the property interests af 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 Council amended the Moratorium Ordinance on June 17, 2014 by adopting Ordinance No, 2014-192, the terms of which are incorporated by reference, to clarify certain exemptians contained in the Moratorium Ordinance, specifically by revising existing exemptions and by adding additional exemptions; and WHEREAS, the City Council amended the Moratorium Ordinance on September 9, 2014 by adopting Ordinance No. 2014-276, the terms of which are incorporated by reference, ta extend the moratorium until January 20, 2015, sa as to allow additional time for a�draft ordinance enacting additional regulations related to gas well drilling and productian activities and the procedures related thereto to be completed by City Staff and to be presented before the Planning and Zoning Commission and the City Cauncil; and s:\legal\our documents\ordinai7ces\14\moratorium oedinance amendment foe 1-6-15 - CC 2p�7T'OVe(� Cle1ri VePS10ri.ClOCX WHEREAS, the City Staff has completed a draft set of regulations covering gas well drilling and production activities and presented them at a Tawn Hall Meeting on Monday, December 15, 2014, as well as before the City Council and Planning and Zoning Commission at a Joint Public Hearing on Tuesday, December 16, 2014; and WHEREAS, many members of the public and members supportive of the natural gas industry attended bath meetings and made comments and asked questions regarding the proposed draft set of regulations; and WHE AS, many individuals requested that the Maratorium Ordinance be extended beyond January 20, 2015, and in fact, one member of the natural gas industry requested an extension of at least ninety-one (91) days, so as ta allow a more tharough review af the proposed changes; and WHEREAS, in accordance with State law, a Jaint Public Hearing between the City Cauncil and the Planning and Zoning Commission was held on Tuesday, January 6, 2015, so as to consider whether to extend the Moratorium Ordinance; and WHEREAS, at the joint public hearing members of the public and natural gas industry spoke in support of the proposed 91-day extension ta the Maratorium Ordinance, so as ta allow further review of, and to make passible suggestians to, the draft set of regulations covering gas well drilling and production activities that were released to the public on December 12, 2014; and WHEREAS, upon canclusion of said 3oint Public Hearing, the Planning & Zaning Commission recommended that the Moratorium Ordinance be extended until March 24, 2015; and WHEREAS, the City Council concurs with the Planning and Zoning Commission's re'commendation to extend the Maratorium Ordinance, however the City Council finds it is in the best interest of the City and the public to extend the moratorium far an additional ninety-one (91 } days instead af the Planning and Zoning Commission's proposed end date of March 24, 2015, so as to allow for public review of the draft regulatians; NOW, THE FORE, • • � � • ' : •'�� . � . ,�� . . , . - - -� w r • •- - . • • - . . . � -+ . - •- - . � • ^ + �- • ' , . •! . - - -r .�� • -• . � i w r • . - r � - _ _ . � � . - • - - SECTION 2. The moratorium established by Ordinance No. 2014-137, as amended by Ordinance Nos. 2014-192 and 2014 276, is hereby further extended until midnight of April 21, 2015, under the terms as herein amended, unless earlier terminated by ordinance of the City .'. _. s:\legal\our documents\ordinances\14\moratorium ordinance amendment for 1-6-IS - CC a]�pTOVeC� Cle1ri VePS10ri.C�OCX Council implementing amendments to the City's ordinances governing gas well drilling and production activities and the procedures related thereto. SECTION_ 3. the City of Denton, direct conflict with Ordinance, during i provisions thereof. This Ordinance shall be cumulative of all provisions of the ordinances of Texas, as amended, except where the provisions of this Ordinance are in the provisions of such ordinances, in which event the terms of this ts effectiveness, shall prevail over any other conflicting ordinances or 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 5, This Ordinance shall take effect upon its passage and shall remain in effect until midnight Apri121, 2015, unless earlier terminated by ordinance of City Council. PASSED AND APPROVED this �� day of .� ��,��,��'�� _ , 2015. �µ ��°' �, � �� o �� , �� o�� . � 11 �� WATTS�:.�MAY � .��. ... _ ... � ,, OR ATTEST: JENNIFER WALTERS, CITY SECRETARY : ��,�1�1:� AS �'"�::� LEGAL FORM: ANITA BURGESS, CITY ATTORNEY °"�„ f � �, � �� '! �BY: �� ,�� .. __ ........ �:, � ----- ......... ..�.�. Page 3