Item 7B (2)ORDINANCE NO. 880 -B
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS ( "CITY "),
AMENDING ORDINANCE 880 -A "OIL AND GAS WELL DRILLING
AND PRODUCTION" OF CHAPTER 9.5 — ARTICLE IV OF THE
SOUTHLAKE CITY CODE, PROVIDING FOR REVISED
REGULATIONS GOVERNING THE DRILLING AND PRODUCTION OF
OIL AND GAS WELLS AND THE INSTALLATION OF PIPELINES
WITHIN THE CITY; PROVIDING FOR REVISED REGULATIONS
REGARDING DISTANCE, NOISE AND TECHNICAL CRITERIA;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET
FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL CITY
NEWSPAPER; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas, is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Local Government Code; and
WHEREAS, on May 20, 2008, the City Council of the City of Southlake adopted
Ordinance Number 880 -A, governing the drilling and production of gas wells and the installation
of gas pipelines within the city limits of Southlake; and
WHEREAS, since the adoption of Ordinance Number 880 -A, the City Council has
considered two zoning applications for gas well development and production in the City; and
WHEREAS, during the pendency of the zoning cases the City Council engaged Cudd
Well Control in order to solicit well control engineering and gas dispersion modeling services;
and
WHEREAS, during the pendency of the zoning cases the City Council considered
significant input and testimony from the oil and gas well operator /applicant regarding well
development feasibility and public safety matters; and
WHEREAS, the City Council, after due and careful consideration, determined that the
regulations established by Ordinance Number 880 -A were inadequate to address certain
environmental and land use compatibility issues created by oil and gas exploration and mineral
extraction, development and transportation activities; and
WHEREAS, in light of such careful consideration, the City Council concluded that it
was 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 and mineral
extraction, development and transportation so as to protect the property interest of mineral estate
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owners while also protecting the rights, opportunities and property interests of surface estate
owners; and
WHEREAS, at the direction of the City Council, City staff completed such
investigations as it deemed necessary to determine the state of regulations 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 and has proposed revised regulations to the
City Council that more adequately serve to protect the public health, safety and welfare and
mitigate the effects of such activity on property values and neighborhood character; and
WHEREAS, the City engaged the services of William M. Cobb & Associates, Inc.,
"Worldwide Petroleum Consultants ", to review and evaluate the Oil and Gas Well Drilling and
Production Ordinance from a petroleum engineering perspective; and
WHEREAS, in considering the draft amendment to the Oil and Gas Well Drilling and
Production Ordinance, containing all City Council - proposed revisions thereto as of September
26, 2011, Cobb & Associates concluded, in relevant part, that "[i]t is ... our processional opinion
that the proposed ordinance is functional and, in general, reasonable when considering issues
related to conducting oil and gas operations ... "; and
WHEREAS, the City additionally engaged the services of Modern Geosciences, a Texas
Registered Geoscience Firm in order to evaluate the Oil and Gas Well Drilling and Production
Ordinance from an environmental and geosciences perspective; and
WHEREAS, Modern Geosciences has critically analyzed a draft amendment to the Oil
and Gas Well Drilling and Production Ordinance containing all City Council - proposed revisions
thereto as of September 26, 2011, and has provided a comprehensive environmental review
memorandum documenting suggested revisions and commentary to the Ordinance; and
WHEREAS, during its investigation, including its consideration of prior gas well
development zoning cases, the City Council conducted public meetings in order to study,
deliberate and identify possible amendments to the Oil and Gas Well Drilling and Production
Ordinance; and
WHEREAS, during its investigation, including its consideration of prior gas well
development zoning cases, the City Council considered over hours of public testimony and
comment concerning possible amendments to the Oil and Gas Well Drilling and Production
Ordinance; and
WHEREAS, the City Council has diligently and in good faith reviewed, deliberated and
considered public, staff, and professional consultant input, including input provided during the
pendency of prior gas well development zoning cases, in evaluating all reasonable and sound
revisions to the Oil and Gas Well Drilling and Production Ordinance; and
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WHEREAS, the City Council finds that the amendments proposed herein justly and
fairly balance the interests of mineral rights owners by providing for the orderly exploration,
development, and production of hydrocarbons while also diligently protecting the public health,
safety and welfare of the citizens of Southlake; and
WHEREAS, in light of the foregoing, the City Council now deems it advisable and
necessary to amend the current regulations for the drilling and production of oil and gas wells
within the City of Southlake in order to protect the public health, safety and general welfare of
the citizens of the City of Southlake, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
Section 1: The above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
Section 2: That Article IV of Chapter 9.5, "Oil and Gas Well Drilling and
Production" of the Southlake City Code, as amended, is hereby amended to read as shown in the
attached and incorporated Exhibit "A," a copy of which is on file with the office of the City
Secretary. The amendments adopted in this ordinance shall apply only to operations conducted
under permits issued after the effective date of this ordinance.
Section 3: This ordinance shall be cumulative of all provisions of ordinances of the
City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances, in which event the conflicting provisions of such ordinances
are hereby repealed.
Section 4: It is hereby declared to be the intention of the City Council that the
phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
Section 5: Any person, firm or corporation who violates, disobeys, omits, neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than two thousand dollars and no cents ($2,000.00) for each offense.
Each day that a violation is permitted to exist shall constitute a separate offense.
Section 6: All rights and remedies of the City of Southlake are expressly saved as to
any and all violations of the provisions of Ordinance 880 -A, as amended, or any other ordinances
affecting oil, gas and hydrocarbon drilling, production, development, and transportation which
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have accrued at the time of the effective date of this ordinance; and, as to such accrued violations
and all pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
Section 7: The City Secretary of the City of Southlake is hereby authorized to publish
this ordinance in book or pamphlet form for general distribution among the public, and the
operative provisions of this ordinance as so published shall be admissible in evidence in all
courts without further proof than the production thereof.
Section 8: The City Secretary of the City of Southlake is hereby directed to publish
the proposed ordinance or its caption and penalty together with a notice setting out the time and
place for a public hearing thereon at least ten (10) days before the second reading of this
ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for
any violation of any of its provisions, then the City Secretary shall additionally publish this
ordinance or its caption and penalty in the official City newspaper one time within ten (10) days
after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of
Southlake.
Section 9: This ordinance shall be in full force and effect from and after its date of
passage and publication as required by law and it is so ordained.
PASSED AND APPROVED on the 1st reading the day of
2011.
MAYOR
ATTEST:
CITY SECRETARY
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PASSED AND APPROVED on the 2nd reading the day of
, 2011.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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