sFrom
Cindy Mendez, Environmental Quality Manager
Title
Ordinance extending the Gas Drilling Moratorium for six months on all drilling and fracturing activities within 3,000 feet of the Joe Pool Dam
Presenter
Jim Cummings, Environmental Services Director
Recommended Action
Approve
Analysis
On September 6, 2011, the City Council approved a six month moratorium on gas drilling and fracturing operations within 3,000 feet of the Joe Pool dam after the US Army Corps of Engineers (USACE) shared concerns with potential negative impacts to the dam and other water retention structures. On January 17, 2012, the City Council extended that moratorium to allow time for a study and its impacts to be completed with an estimated time frame of late fall. At this time, the City has not received a copy of that study and it is still under internal review by the USACE.
Financial Consideration
Not applicable
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, PROVIDING FOR A SIX MONTH EXTENSION OF THE MORATORIUM ON THE CONDUCTING OF NATURAL GAS DRILLING AND FRACTURING ACTIVITIES WITHIN 3,000 FEET OF ANY DAMS AND OTHER WATER RETENTION STRUCTURES OWNED AND/OR OPERATED BY THE UNITED STATES ARMY CORPS OF ENGINEERS; DECLARING AN EMERGENCY; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; AND DECLARING AN EFFECTIVE DATE THEREOF.
WHEREAS, the City of Grand Prairie ("City") was informed that the United States Army Corps of Engineers(USACE) has concerns as to whether gas exploration activities have the potential to negatively impact USACE dams and other water retentions structures; and
WHEREAS, the USACE has informed the City that the study to determine the effects of gas exploration activities on dams and other water retention studies will not be complete until the summer of 2013; and
WHEREAS, the existing moratorium expires on or about March 1, 2013; and
WHEREAS, it is essential to protect the public health, safety, and welfare and the preservation of good order and security of the City and its citizens by extending the moratorium on gas drilling and fracturing operations within 3,000 feet of any dams or other water retention structures owned or operated by the USACE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That the City Council hereby extends the moratorium on any gas drilling or fracturing operations within 3,000 feet of any dams or other water retention structures owned or operated by the USACE pursuant to Chapter 13, Article XIX of the City Code until October 1, 2013.
SECTION 2. That should any word, sentence, clause, paragraph or provision of this ordinance be held to be invalid or unconstitutional, the validity of the remaining provisions of this ordinance shall not be affected and shall remain in full force and effect.
SECTION 3. That all ordinances or portions thereof in conflict with the provisions of this ordinance, to the extent of such conflict, are hereby repealed. To the extent that such ordinances or portions thereof are not in conflict herewith, the same shall remain in full force and effect.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 5TH DAY OF FEBRUARY, 2013.