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HomeMy WebLinkAbout26-6363 - City Council - ResolutionRESOLUTION 26-6363 A RESOLUTION DIRECTING THE CITY MANAGER TO INITIATE THE PROCESS TO ADOPT A 90 -DAY MORATORIUM ON THE ACCEPTANCE, PROCESSING, AND APPROVAL OF NEW APPLICATIONS FOR REZONING OR PERMITS FOR DATA CENTERS WHEREAS, Chapter 212 of the Texas Local Government Code ("TLGC") grants a municipality the authority to adopt a moratorium on property development in certain circumstances; and WHEREAS, a moratorium adopted under Chapter 212 of the TLGC is limited to residential property, commercial property, or both; and WHEREAS, data centers have been identified as a type of property development upon which the City Council is authorized under Chapter 212 of the TLGC to impose a moratorium; and WHEREAS, a municipality is prohibited from adopting a moratorium on property development unless the municipality complies with the specific notice and hearing procedures set forth under Chapter 212 of the TLGC; and WHEREAS, before a moratorium may be adopted under Chapter 212 of the TLGC, a municipality must hold two public hearings, each held at least 30 days apart, with advance notice published at least 30 days before each hearing, followed by two readings of the proposed ordinance imposing the moratorium; and WHEREAS, first reading of the proposed ordinance imposing the moratorium must occur no later than 12 days after the second public hearing and the second reading of the proposed ordinance must occur not less than 28 days after the first reading; and WHEREAS, for the moratorium to take effect the ordinance must receive the affirmative vote of at least three -fourths of the City Council following the second reading; and WHEREAS, a moratorium adopted under Chapter 212 of the TLGC expires 90 days following adoption, unless the municipality extends the moratorium for an additional 90 days; and WHEREAS, it is the desire of City Council to initiate the process of adopting a 90 -day moratorium on the acceptance, processing, and approval of new applications for rezoning or permits for data centers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: 1. The City Manager is directed to initiate the process to adopt a 90 -day moratorium, as set forth under Chapter 212 of the TLGC, on the acceptance, processing, and approval of new applications for rezoning or permits for data centers. The first (1St) public hearing shall occur no later than November 10, 2026, and; 2. Direct City staff during the moratorium period to undertake an expedited planning and regulatory review regarding data centers to include: a. Evaluation of noise impacts of such facilities; b. Evaluation of municipal water supply impacts and long-term water availability; c. Evaluation of land -use compatibility, building scale, and mechanical infrastructure associated with such facilities; and d. Development of zoning ordinance amendments, City Code amendments and amendments to water manual governing such facilities. 3. This resolution shall be effective from and after its passage by the City Council. Adopted this August 11, 2026. ATTEST: By: Jannette S. Goodall, City Secretary OR OOOOOOOFrl4p o0 �� c1 0 00 0 ��d OO0