From
Cindy Mendez
Title
Ordinance extending the Gas Drilling Moratorium for one year
Presenter
James R. Cummings, Environmental Services Director
Recommended Action
Approve
Analysis
On September 6, 2011, the City Council originally 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. The USACE is currently studying the potential impact of gas drilling operations on the Joe Pool dam. The moratorium has been extended four times by the City Council (January 17, 2012, February 5, 2013,September 3, 2013, and September 16, 2014), The existing moratorium will expire on October 1, 2015. At this time, the study is under external, independent review. Staff recommends that the moratorium be extended until October 1, 2016 to allow time for the USACE to complete and release the study.
Financial Consideration
Not Applicable
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ORDINANCE NO. 9754-2014 PROVIDING FOR A ONE YEAR 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 retention 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 is still under internal and external review; and
WHEREAS, the existing moratorium expires on or about October 1, 2015; 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, 2016.
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 15th DAY OF september, 2015.