Item 4ICITY OF
SOUTHLAKE
MEMORANDUM
June 15, 2011
To: Southlake City Council
From: Ken Baker, AICP — Director of Planning & Development Services
Subject: Resolution No. 11 -034, Extension of 180 -day Moratorium
Action
Requested: Consider approval of a 180 -day extension to the moratorium on the
acceptance of processing of applications for gas well drilling permits and
their associated requests in the City of Southlake to allow continued
revisions to Ordinance No. 880 -A.
Background
Information: January 18, 2011: City Council adopted Resolution No. 11 -005, 180 -day
Moratorium on the acceptance and processing of applications for gas well
drilling permits and their associated requests. The Moratorium is due to
expire July 17, 2011.
Financial
Considerations: None
Strategic Link: Safety and Security, Quality Development.
Citizen Input/
Board Review: N/A
Legal Review: This resolution is under review by the City Attorney.
Alternatives: 1) Approve resolution as presented;
2) Approve with modifications to the proposed resolution;
3) Deny the proposed resolution.
Supporting
Documents: None
RESOLUTION NO. 11 -034
A RESOLUTION EXTENDING A ONE HUNDRED EIGHTY (180) DAY
MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF
APPLICATIONS FOR WELL PERMITS AND SPECIFIC USE PERMITS
TO PERMIT MINERAL EXTRACTION THROUGH OIL AND GAS
EXPLORATION OR OPERATIONS, AND ON THE ACCEPTANCE OR
PROCESSING OF APPLICATIONS FOR REGULATED OR
UNREGULATED PIPELINE PERMITS WITHIN THE CORPORATE
LIMITS OF THE CITY OF SOUTHLAKE FOR AN ADDITIONAL ONE
HUNDRED EIGHTY (180) DAYS; PROVIDING THAT THE FINDINGS
AND PROVISIONS OF RESOLUTION NUMBER 11 -005 ARE RATIFIED
AND REAFFIRMED; AND PROVIDING THAT THIS RESOLUTION
SHALL TAKE EFFECT IMMEDIATELY UPON PASSAGE.
WHEREAS, the City Council of the City of Southlake previously adopted
Resolution Number 11 -005 suspending the processing of applications for well permits
and specific use permits to permit mineral extraction through oil and gas exploration or
operations, and on the acceptance or processing of applications for regulated or
unregulated pipeline permits within the corporate limits of the City of Southlake and
directing the city staff to initiate a comprehensive review of the City's ordinances
governing procedures for oil and gas exploration and other forms of mineral extraction,
production and transportation and to propose revisions thereto; and
WHEREAS, City staff is currently conducting such investigations as is deemed
necessary to determine the state of regulations now applicable to oil and gas
exploration and other forms of mineral extraction and transportation under the current
ordinances and regulations of the City of Southlake so as to propose revised regulations
that more adequately serve to protect the public health, safety and welfare as well as to
mitigate the effects of such activity on property values and neighborhood character; and
WHEREAS, the City has retained the services of various specialists on a
consulting basis to render expert advice regarding environmental and land use
compatibility issues created by oil and gas exploration and mineral extraction and
transportation activities; and
WHEREAS, while work has continued diligently to update City ordinances in
accordance with the mandate established by Resolution 11 -005, City staff has reported
back to the City Council that the initial one hundred eighty (180) day moratorium is not a
feasible time frame within which the work might be completed and that an additional one
hundred eighty (180) days is both reasonable and necessary; and
WHEREAS, the City Council has determined that it remains important and
necessary to continue to preserve the status quo, for an additional one hundred eighty
(180) days, while new regulations governing oil and gas exploration and mineral
extraction and transportation are developed and implemented to ensure compatible land
uses that do not negatively impact property values or neighborhood character and to
adequately protect the public health, safety and welfare; and
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WHEREAS, the City Council finds good cause to extend the moratorium and
desires to ratify and reaffirm all findings and provisions of Resolution Number 11 -005.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
That the City Council finds good cause to, and hereby extends, a moratorium on
the receipt, processing and approval of applications for well permits and specific use
permits to permit mineral extraction through oil and gas exploration or operations, and
on the acceptance or processing of applications for regulated or unregulated pipeline
permits within the corporate limits of the City of Southlake. The moratorium imposed
pursuant to Resolution Number 11 -005 shall be continued for an additional one hundred
eighty (180) days, for a total of 360 days; provided, however, that this moratorium may
thereafter be extended by the City Council for good cause shown. Notwithstanding the
foregoing, the City Council may terminate this moratorium at any time.
SECTION 2.
The City Council hereby ratifies and reaffirms all findings and provisions of
Resolution Number 11 -005, which shall remain in place and effective until the expiration
of this moratorium, as set forth in Section 1 above.
SECTION 3.
This resolution shall be effective immediately upon its date of passage.
PASSED AND APPROVED THIS DAY OF , 2011.
CITY OF SOUTHLAKE
John Terrell
Mayor
ATTEST:
Alicia Richardson, TRMC
City Secretary
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