2015-107s:\legal\our documents\ordinances\15\moratorium ordinance amendment for 4-14-15 - clean version.docx
ORDINANCE NO. 2015-107
AN ORDINANCE AMENDING ORDINANCE NO. 2014-137, AS AMENDED BY
ORDINANCE NOS. 2014-192 2014-276 AND 2015-013, TO EXTEND FOR AN
ADDITIONAL ONE HUNDRED AND NINETEEN (119) DAYS, OR SUCH OTHER
REASONABLE DATE, THE MORATORIUM ON THE ACCEPTANCE, PROCESSING AND
APPROVAL OF CERTAIN APPLICATIONS FOR GAS WELL PERMITS WITHIN THE
CORPORATE LIMITS OF THE CITY OF DENTON, TEXAS, AND ON APPLICATIONS
FOR SPECIFIC USE PERMITS, SITE PLANS, DEVELOPMENT PLANS OF ANY NATURE
OR TYPE, 1NCLUDING APPLICATIONS FOR AMENDMENTS TO APPROVED OR
PENDING GAS WELL DEVELOPMENT PLATS, AND ON APPLICATIONS FOR FIRE
CODE OPERATIONAL PERMITS, AS THEY RELATE TO GAS WELL DRILLING AND
PRODUCTION ACTIVITIES, SUBJECT TO CERTAIN EXEMPTIONS; 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 No. 2014-
137 (the "Moratorium Ordinance") on May 6, 2014, the terms of which are incorporated by
reference, which Moratorium Ordinance imposed until midnight of 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 corporate limits of the City of Denton, Texas; and
WHEREAS, the Moratorium Ordinance was adopted to address significant and
compelling environmental 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 Denton citizens; and
WHEREAS, as set forth in the Moratorium Ordinance, the City is reviewing its
municipal ordinances and regulations to provide for a fair and equitable system of regulations
relating to 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, 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 exemptions contained in the Moratorium Ordinance, specifically by revising existing
exemptions and by adding additional exemptions; and
WHEREAS, the City Council again amended the Moratorium Ordinance on September 9,
2014, by adopting Ordinance No. 2014-276, the terms of which are incorporated by reference, to
extend the moratorium until January 20, 2015, so as to allow additional time for a draft ordinance
enacting additional regulations related to gas well drilling and production 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 Council; and
s:\legal\our documents\ordinances\15\moratorium ordinance amendment for 4-14-15 - clean version.docx
WHEREAS, the City Council amended the Moratorium Ordinance on January 6, 2015,
by adopting Ordinance No. 2015-103, until midnight of April 21, 2015, based on the requests of
members of the public and of the natural gas industry to extend the moratorium so as to allow
further review of, and to make possible suggestions 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, the City Staff completed another draft set of regulations covering gas well
drilling and production activities, based on suggestions proposed by members of the public and
by the natural gas industry, and made the new set of regulations available for public inspection
on the City's website on March 31, 2015; and
WHEREAS, the City has received a request from the natural gas industry to extend the
moratorium for at least another ninety (90) days to allow for review, and to make possible
suggestions to, the new draft set of gas well regulations; and
WHEREAS, since the current price of natural gas is low, the natural gas industry does
not plan to engage in gas well drilling and production activities in the near future, and thus an
extension to the moratorium will not be detrimental to their current operations; and
WHEREAS, in addition, there are two bills pending in the current Texas Legislative
Session, House Bill 40 and Senate Bill 1165, that have the potential to adversely impact the
City's proposed draft set of regulations covering gas well drilling and production activities, as
well as its current set of regulations as they appear in Subchapter 22 of the Denton Development
Code; and
WHEREAS, one or both of these legislative bills may not be passed by the Texas
Legislature until after the current April 21, 2015 Moratorium Ordinance expiration date, and
additional time is necessary to determine whether one or both bills pass, as well as what adverse
impacts one or both of these bills may have on the proposed draft and current set of gas well
regulations; and
WHEREAS, in accordance with State law, a Public Hearing by the Planning and Zoning
Commission was held on Wednesday, April 8, 2015, so as to consider whether to extend the
Moratorium Ordinance, and upon conclusion, the Planning and Zoning Commission
recommended that the Moratorium Ordinance be extended until midnight of Tuesday, August 18,
2015; and
WHEREAS, in accordance with State law, a Public Hearing was held by the City Council
Tuesday, April 14, 2015, so as to consider whether to extend the Moratorium Ordinance; and
WHEREAS, the City Council concurs with the Planning and Zoning Commission's
recommendation to extend the Moratorium Ordinance, and the City Council finds it is in the best
interest of the City and the public to extend the moratorium until midnight of Tuesday, August
18, 2015, so as to allow for public review of the draft regulations, as well as to allow the City to
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determine how House Bill 40 and/or Senate Bill 1165 adversely impact the City's draft and
current set of gas well regulations; 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 established by Ordinance No. 2014-137, as amended by
Ordinance Nos. 2014-192, 2014-276 and 2015-013, is hereby further extended until midnight of
August 18, 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.
SECTIONww 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 August 18, 2015, unless earlier terminated by ordinance of City Council.
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CHRIS WATTS. ....�. __ ---.....
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, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
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���"��A BURGESS, CITY ATTORNEY
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