HomeMy WebLinkAboutRes 11-01 Opposing Legislative Curtailment of Municipal Authority Over Minerals RESOLUTION NO. 11-01
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS, OPPOSING LEGISLATIVE CURTAILMENT OF
MUNICIPAL REGULATORY AUTHORITY OVER MINERAL
PRODUCTION, EXPLORATION AND DEVELOPMENT WITHIN ITS
CORPORATE LIMITS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a Type A general law municipality located
in both Denton and Tarrant County, and created in accordance with the provisions of Chapter 8
of the Local Government Code and operating pursuant to the enabling legislation of the State of
Texas; and
WHEREAS, over the past decade mineral development in the Barnett Shale region of
North Texas has been prolific and fast-paced; and
WHEREAS, North Texas municipalities have responded to the rapid development of
natural gas by working diligently to produce regulations that balance the interests of operators
with those of the residents of their communities; and
WHEREAS,the Federal District Court for the Southern District of Texas first upheld the
authority of Texas municipalities to regulate oil and gas development in Tysco Oil Co. v. R.R.
Comm'n (Tysco I), 12 F. Supp. 195, 201 (S.D. Tex. 1935); and
WHEREAS, in 1944 the Galveston Court of Civil Appeals upheld a requirement that oil
and gas well operators acquire both a. Texas Railroad Commission and municipal drilling permit
(Klepak v. Hunible Oil &Refining Co., 177 S.W.2d, 215, 218 (Tex. Civ. App—Galveston 1944);
and
WHEREAS, the oil and gas industry has sought to nullify at least seventy-five years of
local regulation of oil and gas well development through pursuit of an industry-favored
legislative "fix"; and
WHEREAS, without local authority over oil and gas development, industry activities
would be solely governed by the Texas Railroad Connnission; and
WHEREAS, the preemption of local government regulation of prolific and widespread
mineral development in favor of an overburden State agency in that of the Texas Railroad
Commission is ill-advised and ignores the need to address local concerns about mineral
development at a local level; and
WHEREAS, in light of the foregoing, the Town Council would respectfully oppose any
proposed legislation that would seek to strip, erode or preempt in any way the local regulation of
mineral development within the corporate limits of a municipality.
Resolution 11-01
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NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true
and correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That the Town Council of the Town of Westlake, Texas, hereby
respectfully oppose any proposed legislation that would seek to strip, erode or preempt in any
way the local regulation of mineral development within the corporate limits of a municipality.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 24TH DAY OF JANUARY, 2011.
OF 'i �5'
ATTEST: : m Laura L. Wheat, Mayor
FC1 ........
Kelly Edwar , Town Secre` Thomas E. Bry
er Town Manager
APPROVE ,AS 0 RM
L. anton L y, n At rney
Resolution 11-01
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