Item 7CCity of Southlake
Department of Planning
MEMORANDUM
August 11, 2004
TO
FROM
SUBJECT
Honorable Mayor and City Council
Ken Baker, AICP, Interim Planning Director
Resolution No. 04 -062 - Establishing a 120 -day moratorium on any
development application for Gas and Oil Well Drilling and Production.
REQUESTED ACTION: Consider approval of Resolution No. 04 -062.
BACKGROUND: The City Council is currently reviewing possible
amendments to the Zoning Ordinance (Sections 4 and 45)
pertaining to petroleum operations, oil & natural gas drilling
and production (Ordinance 480 -YY). Also, the city staff is in
the process of developing a second ordinance which
addresses technical operation and maintenance standards
(such as insurance, security, periodic reporting, and on -site
operations) under a "gas well permit' requirement. The
proposed 120 -day moratorium is to ensure that these needed
ordinances are adopted by City Council and in place prior to
any applications for well drilling and production are made
to the city.
FINANCIAL
CONSIDERATIONS: None
LEGAL REVIEW: Currently under review by the City Attorney.
SUPPORTING
DOCUMENTS: Attachment A- Resolution No. 04 -062
Attachment A
RESOLUTION NO. 04 -062
A RESOLUTION DECLARING A MORATORIUM ON THE
ACCEPTANCE OR PROCESSING OF ANY DEVELOPMENT
APPLICATIONS FOR GAS AND /OR OIL WELL DRILLING AND
PRODUCTION WITHIN THE CORPORATE LIMITS OF THE CITY
OF SOUTHLAKE; DIRECTING THE CITY STAFF TO INITIATE
THE PREPARATION OF A CITY CODE ORDINANCE
AMENDMENT TO REGULATE THE TECHNICAL ASPECTS OF
GAS WELL DRILLING AND PRODUCTION; PROVIDING FOR A
METHOD OF REPEAL OF THIS MORATORIUM; AND
PROVIDING THAT THIS RESOLUTION SHALL TAKE EFFECT
IMMEDIATELY UPON PASSAGE.
WHEREAS, the City Council of the City of Southlake has recently learned of an increased
interest in oil and gas exploration, drilling, and production in the North Central Texas area;
and
WHEREAS, the City Council has conducted such investigations as it deemed necessary to
determine the state of regulations now applicable to oil and gas exploration and other forms
of mineral extraction under the current ordinances and regulations of the City of Southlake;
and
WHEREAS, the City Council, after due and careful consideration, has determined that the
current regulations may not be adequate to address safety, maintenance, legal, and
environmental issues created by oil and gas exploration, drilling, and production activities;
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 oil and gas exploration, drilling, and production activities so as to
protect the property interest of mineral estate owners while protecting the rights,
opportunities and property interests of surface estate owners; and
WHEREAS, the City Council believes that the staff of the City of Southlake should
undertake those studies or analyses necessary to prepare the appropriate recommendations
for council action; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SOUTHLAKE, TEXAS:
SECTION 1
A moratorium is hereby imposed on the receipt, processing, and approval of applications
for the development of oil and /or gas well drilling and production within the corporate
Resolution 04 -062 2
limits of the City of Southlake. The moratorium shall be in place for one hundred twenty
(120) days following the adoption of this Resolution and may thereafter be extended by the
City Council for good cause shown.
SECTION 2
The City staff is hereby directed to initiate and complete those studies and analysis
necessary to determine what, if any, regulatory changes to the ordinances of the City of
Southlake are reasonable and necessary to permit gas exploration, drilling, and production
without negatively impacting the interest of surface estate owners within the City. The
City Staff is directed to review all appropriate planning materials and development
regulations to suggest changes, if appropriate, that would protect the interest of both
mineral estate owners and surface estate owners while ensuring the highest degree of
compliance with the public health, safety, and welfare.
SECTION 3
This moratorium shall remain in full force and effect upon its passage and for a period not
to exceed 120 days, unless terminated prior to that time by action of the City Council.
Passed and Approved this day of , 2004.
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Resolution 04 -062 3