O270ORDINANCE N0.270
AN ORDINANCE DECLARING A NINETY DAY (90) DAY MORATORIUM
ON THE COMMENCEMENT OF DRILLING OR RE-ENTERING A WELL
FOR THE PURPOSES OF EXPLORATION OR PRODUCTION OF OIL OR
GAS WITHIN THE CITY OF KENNEDALE; DIRECTING CITY STAFF TO
INITIATE IMMEDIATE STUDY OF APPROPRIATE REGULATIONS FOR
THE DRILLING AND EXPLORATION OF OIL AND GAS; PROVIDING
FOR A METHOD OF REPEAL OF THIS MORATORIUM; PROVIDING A
VARIANCE PROCEDURE; AND PROVIDING THAT THIS ORDINANCE
SHALL TAKE EFFECT IMMEDIATELY UPON PASSAGE.
WHEREAS, the City of Kennedale 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, the City Council has directed staff to initiate an immediate study of
appropriate regulations for the drilling and exploration of oil and gas and to make
recommendations to the City Council on the possible adoption of such regulations; and
WHEREAS, the City Council has concerns forthe public health, safety, and welfare
based on the adequacy of regulations currently in place; and
WHEREAS, City staff has prepared proposed regulations for review bythe Planning
& Zoning Commission and the City Council; and
WHEREAS, the City Council desires to maintain the status quo within the City until
such time as the City Council has had a reasonable opportunity to review the
recommended regulations and to take appropriate action as may be required to protect the
public health, safety and welfare; and
WHEREAS, a ninety (90) day moratorium placed on the drilling or re-entering of a
well for the purposes of exploration or production of oil or gas is a minimally intrusive
method of maintaining the status quo until such review can be completed.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE,TEXAS:
SECTION 1.
Effective immediately, for a period of ninety (90) days, the commencement of drilling
or re-entering a well for the purposes of exploration or production of oil or gas shall not be
permitted within the corporate limits of the City of Kennedale.
SECTION 2.
The purpose of this moratorium is to maintain the status quo until such time as the
City Council has had an opportunity to review recommendations from the Planning &
Zoning Commission and City staffconcerning appropriate regulations governing the drilling
and exploration of oil and gas and adopt such regulations as necessary.
SECTION 3.
The term drilling as used in this ordinance shall mean the creation or
commencement of the creation of a well.
The term re-entering as used in this ordinance shall mean the commencement of
drilling of any producing or abandoned well.
The term well as used in this ordinance shall mean any hole or holes, bore or bores,
to any sand, horizon, formation, strata or depth, for the purpose of producing oil, gas,
geothermal, or other mineral resources.
The term exploration as used in this ordinance shall mean drilling for the purpose
of securing geological or geophysical information to be used in the exploration or
development of oil, gas, geothermal, or other mineral resources.
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The term production shall mean the exploration or development of oil, gas,
geothermal, or other mineral resources.
The terms oil and gas as used in this ordinance shall have the meanings customarily
attributable to them by prudent operators in the oil and gas industry, including such
geothermal, or other mineral resources customarily attributed to them.
SECTION 4.
The Planning & Zoning Commission of the City of Kennedale is hereby directed to
initiate proper procedures forthe consideration of regulations forthe drilling and exploration
of oil and gas wells within the City and shall hold a public hearing and make
recommendations tothe City Council as expeditiously as possible with regard to any such
regulations.
SECTION 5.
This moratorium shall remain in effect until such time as the City Council has had
a reasonable opportunity to consider and act upon appropriate regulations governing
drilling and exploration of oil and gas wells within the City. Upon final adoption of an
ordinance regulating drilling and exploration of oil and gas wells within the City, or upon a
determination being made bythe City Council that such regulations are not appropriate, this
moratorium shall expire. This moratorium shall automatically expire ninety (90) days from
the date of adoption unless it is specifically extended by additional City Council action for
an additional time period.
SECTION 6.
Any person that believes that the imposition of this moratorium causes a unique and
unreasonable hardship upon his or her business shall have the right to request a variance
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to the provisions of this moratorium. A person seeking a variance shall submit a written
request to the City Council through the City Secretary's office. The request must provide
the following information:
a. A description of the business to be covered by the variance.
b. An explanation as to why the application of the moratorium is unreasonable
as applied to the applicant's business.
c. A description of any negative impacts created by the moratorium provision.
The City Secretary's office shall place the request for a variance on the agenda of
the City Council for consideration at a public meeting. The applicant shall receive written
notice of the date of the proposed hearing on the variance request. The City staff shall not
be required to provide written notice of the variance request to any other individual or entity.
On the date that the item is set for hearing, the City Council shall conduct a public hearing
on the variance request giving any individual who desires to present information or
evidence to the City Council on the appropriateness or inappropriateness of the variance
the opportunity to appear before the City Council and present such information. At the
conclusion of the hearing, the City Council, by majority vote, may approve a variance to the
provisions of this moratorium ordinance or may deny the request for variance.
SECTION 7.
This ordinance shall be in full force and effect from and after its passage and it is so
ordained.
PASSED AND APPROVED on this 12`h day of February, 2004.
G~1-- 'tjl~ N
AYOR
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