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HomeMy WebLinkAboutOrdinance 14884 ORDINANCE NO. / 7'"U 0 AN ORDINANCE EXTENDING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR PLANNED DEVELOPMENT ZONING FOR OIL AND GAS DRILLING AND PRODUCTION PENDING CONSIDERATION OF THE ADOPTION OF AN OIL AND GAS DRILLING AND PRODUCTION ORDINANCE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there has been an increased interest m oil and /or gas dulling activity within the City of Fort Worth and other area cities, WHEREAS, the City of Fort Worth currently requires Planned Development zoning for oil and gas dulling, but does not have comprehensive regulations concerning dulling and production of oil and gas, WHEREAS, it is advisable to establish regulations for the extraction of oil and gas production within the city limits of Fort Worth, WHEREAS, the City Council enacted Ordinance No 14703 on July 17, 2001, establishing a 56-day moratorium on the acceptance of applications for Planned Development zoning in order to consider proposed regulations on oil and gas dulling; WHEREAS, the City Council enacted Ordinance No 14768 on September 11, 2001, extending the moratorium for 91 days until December 11, 2001 on the acceptance of applications for Planned Development zoning in order to further consider proposed regulations on oil and gas dulling; WHEREAS, rt is anticipated that the proposed gas ordinance will be adopted on December 11, 2001 with an effective date of January 1, 2002, c WHEREAS it is advisable to extend the moratorium to December 31, 2001, to allow the city staff time to hire a gas inspector and prepare the necessary forms and permits before the moratorium expires and the ordinance goes into effect on January 1, 2002, WHEREAS, all findings m Ordinance No 14703 are reaffirmed, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS SECTION 1 The expiration of the moratorium on acceptance of applications for Planned Development zoning for oil and gas, enacted pursuant to Ordinance No 14703, is hereby extended from December 11, 2001 to December 31, 2001 at 11 59 p.m., or until the City Council terminates the moratorium, whichever occurs first. SECTION 2 All provisions of Ordinance No 14703, with the exception of the expiration date extended by Section 1 of this Ordinance, shall remain m full force and effect. SECTION 3 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 final decree of a court of competent jurisdiction, such voidness, ineffectiveness or 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 herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. 2 ~,.~ SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY David Yett, City Attorne B 6 G~`~ Assistant Ci y A torney ADOPTED ,2. EFFECTIVE /~2 /I ~D! City of Fort Worth, Texas ~11~A~ar And Caun~il Caininun~cAtion DATE REFERENCE NUMBER LOG NAME PAGE 12/11/01 G-13459 1201E 1 of 2 SUBJECT ADOPTION OF ORDINANCE EXTENDING THE MORATORIUM FOR THE ACCEPTANCE OF APPLICATIONS FOR PLANNED DEVELOPMENT ZONING FOR THE DRILLING AND PRODUCTION OF OIL AND GAS RECOMMENDATION It is recommended that the City Council adopt the attached ordinance extending the moratorium to December 31, 2001 for acceptance of applications for Planned Development Zoning for the drilling and production of oil and gas DISCUSSION On July 11, 2001, two applications for Planned Development zoning to permit the drilling and production of oil and gas were heard by the Zoning Commission at their regularly scheduled meeting The Zoning Commission voted to continue both cases until October 10, 2001, to allow the City Council time to consider the adoption of comprehensive regulations relating to oil and gas drilling within the City limits of Fort Worth It was anticipated that other applications requesting Planned Development zoning for oil and gas drilling and production would be filed with the Development Department. On July 17, 2001, the City Council adopted a moratorium to maintain the status quo while the staff prepared and presented to City Council a proposed ordinance regulating oil and gas drilling within the City limits of Fort Worth The proposed ordinance was presented to the City Council during the Pre- Council meeting on August 28, 2001 On September 11, 2001, the moratorium was extended for ninety-one days to December 11, 2001 to enable the City Council to ascertain the position of the oil and gas industry, developers and other interested citizens and consider the proposed oil and gas ordinance before the moratorium expires. The proposed gas ordinance was continued from the December 4, 2001 City Council agenda for further revisions If the proposed gas ordinance is adopted on December 11, 2001, City staff will need additional time to hire a gas inspector and prepare the necessary forms and permits. It is anticipated that the effective date of the adopted gas ordinance will be January 1, 2002 Adoption of the attached ordinance would extend the moratorium for twenty-one days from December 11, 2001 to December 31, 2001 The December 31, 2001 expiration date would bar any applications for Planned Development zoning requests for gas drilling and production and enable City staff to hire a gas inspector and prepare the necessary forms and permits before the ordinance goes into effect on January 1, 2002 City of Fort Worth, Texas ~1~A~ar And aunc~l a111mun1cAtlan ~ C DATE 12/11/01 REFERENCE NUMBER G-13459 LOG NAME 1201E PAGE 2 of 2 SUBJECT ADOPTION OF ORDINANCE EXTENDING THE MORATORIUM FOR THE ACCEPTANCE OF APPLICATIONS FOR PLANNED DEVELOPMENT ZONING FOR THE DRILLING AND PRODUCTION OF OIL AND GAS FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this recommendation will have no material effect on City funds CB n Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) ~~~Q~~Q Charles Boswell 8511 Originating Department Head: CITY COUNCIL David Yett 7606 (from) ~ E~ ~. Y ZQ~~ Additional Information Contact: ~ ~~/ city secretary or the David Yett 7606 City of Foat Virorth, Texas